|
| |
| |
| |
| |
| |
| |
amend the Sustainable Communities Act 2007 to make provision regarding |
| |
town and parish councils, local decision-making and expenditure and the |
| |
consideration of proposals; and for connected purposes. |
| |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
| |
consent of the Lords Spiritual and Temporal, and Commons, in this present |
| |
Parliament assembled, and by the authority of the same, as follows:— |
| |
1 | Amendment of existing procedure in Sustainable Communities Act 2007 |
| |
(1) | The Sustainable Communities Act 2007 is amended as follows. |
| |
(2) | In section 3(3) for “which of the proposals on the short-list should be |
| |
implemented” substitute “, in relation to each proposal on the short-list— |
| |
(a) | whether the proposal should be implemented or not, |
| 5 |
| |
(b) | if the Secretary of State thinks that it should be |
| |
implemented, whether to implement it in whole or in |
| |
| |
2 | New procedure for proposals under Sustainable Communities Act |
| 10 |
(1) | The Sustainable Communities Act 2007 is amended as follows. |
| |
(2) | After section 5 insert— |
| |
“5A | Subsequent invitations |
| |
(1) | Sections 2 to 5 do not apply in relation to an invitation by the Secretary |
| |
of State to make proposals if the invitation is issued on or after the day |
| 15 |
on which the Sustainable Communities Act 2007 (Amendment) Act |
| |
| |
(2) | The Secretary of State must, no later than 1st January 2011, give notice |
| |
to local authorities of the latest date on which the Secretary of State |
| |
proposes to invite local authorities to make proposals which they |
| 20 |
consider would contribute to promoting the sustainability of local |
| |
| |
| |
| |
| |
|
| |
| |
(3) | The Secretary of State must issue the invitation on or before the date |
| |
specified in accordance with subsection (2). |
| |
(4) | A local authority must have regard to the matters specified in the |
| |
Schedule before making a proposal in response to an invitation by the |
| |
| 5 |
5B | Power to make regulations |
| |
(1) | The Secretary of State may make regulations about proposals made in |
| |
response to an invitation issued on or after the day on which the |
| |
Sustainable Communities Act 2007 (Amendment) Act 2010 comes into |
| |
| 10 |
(2) | Regulations under this section must— |
| |
(a) | require the Secretary of State to consider each proposal and to |
| |
| |
(i) | whether to implement the proposal, and |
| |
(ii) | if the Secretary of State thinks that it should be |
| 15 |
implemented, whether to implement it in whole or in |
| |
| |
(b) | require the Secretary of State— |
| |
(i) | to publish a decision, in relation to each proposal, as to |
| |
whether it will be implemented or not and, if it is to be |
| 20 |
implemented, whether in whole or in part, |
| |
(ii) | where the proposal, or part of the proposal, is to be |
| |
implemented, to specify the action to be taken, and |
| |
(iii) | to give reasons for the decision. |
| |
(3) | Regulations under this section may, in particular, include provision— |
| 25 |
(a) | requiring a local authority to take specified steps before making |
| |
a proposal (which may, in particular, include a requirement to |
| |
consult or otherwise involve the council of any parish which is |
| |
wholly or partly within the local authority’s area, or to consult |
| |
| 30 |
(b) | specifying the way in which consultation required by the |
| |
regulations is to be carried out; |
| |
(c) | requiring a local authority to try to reach agreement with |
| |
persons consulted under the regulations; |
| |
(d) | requiring a local authority to have regard to guidance issued by |
| 35 |
| |
(e) | about the making of petitions, in relation to a proposal or a |
| |
suggestion for a proposal, to a local authority by local persons; |
| |
(f) | about the form, content and timing of proposals; |
| |
(g) | enabling the Secretary of State to appoint one or more persons |
| 40 |
to advise the Secretary of State in relation to proposals, or to |
| |
prepare a short-list of proposals for consideration by the |
| |
| |
(h) | enabling the Secretary of State to specify one or more persons |
| |
who must be consulted, and with whom the Secretary of State |
| 45 |
must try to reach agreement, before making a decision in |
| |
| |
(i) | about the manner in which the Secretary of State’s decisions are |
| |
| |
| |
| |
|
| |
| |
(j) | requiring the Secretary of State to publish and lay before |
| |
Parliament a report describing the progress which has been |
| |
made in relation to implementation of proposals. |
| |
(4) | In subsection (3) “local person”, in relation to a local authority, means a |
| |
person who lives, works or studies in the local authority’s area. |
| 5 |
(5) | Before making regulations under this section, the Secretary of State |
| |
| |
(a) | local authorities, and |
| |
(b) | such other persons who represent the interests of local |
| |
authorities as the Secretary of State thinks fit. |
| 10 |
(6) | A reference in this section to a local authority is to be treated, where an |
| |
order has been made under section 5C specifying persons or classes of |
| |
person who may make proposals under this Act, as including a |
| |
reference to those persons or classes of person. |
| |
5C | Order specifying additional persons who may make proposals |
| 15 |
(1) | The Secretary of State may by order specify persons or classes of |
| |
persons, in addition to local authorities, who may make proposals |
| |
under this Act on or after a date specified in the order. |
| |
(2) | Before making an order under this section, the Secretary of State must |
| |
| 20 |
| |
(b) | such other persons who represent the interests of local |
| |
authorities as the Secretary of State thinks fit, and |
| |
(c) | persons or classes of persons whom the Secretary of State |
| |
proposes to specify in the order. |
| 25 |
5D | Regulations and orders: general provision |
| |
(1) | Regulations under section 5B, or an order under section 5C, may— |
| |
(a) | provide for a person to exercise a discretion in dealing with a |
| |
| |
(b) | include incidental, supplementary and consequential |
| 30 |
| |
(c) | make transitional provision or savings; |
| |
(d) | make provision generally, only in specified cases or subject to |
| |
| |
(e) | make different provision for different cases or for different |
| 35 |
| |
(2) | Regulations under section 5B, or an order under section 5C— |
| |
(a) | must be made by statutory instrument, and |
| |
(b) | are subject to annulment in pursuance of a resolution of either |
| |
| 40 |
(3) | In the opening words of paragraph 1 of the Schedule, after “2” insert “and |
| |
| |
| |
| |
