Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 22 — Mayoral development corporations: consequential and other amendments
377

local planning authority for some or all of the purposes of this Part
in relation to some or all kinds of development.
(5ZB)
Where such an order makes such provision, that MDC is, in relation
to the kinds of development concerned, the local planning authority
for the area and purposes concerned in place of any authority who,
5
in relation to those kinds of development, would otherwise be the
local planning authority for that area and those purposes.”
      (3)
In subsection (5A) (definition of “local planning authority” has effect subject
to any order providing for the Homes and Communities Agency to be the
local planning authority) for “also be construed” substitute “additionally be
10
construed, and subsection (5ZB) must be construed,”.
National Health Service Act 2006 (c. 41)
53
In section 256(2) of the National Health Service Act 2006 (Primary Care Trust
may make payments to listed bodies in connection with provision of
housing accommodation) after paragraph (c) insert—
15
“(ca)
a Mayoral development corporation,”.
Crossrail Act 2008 (c. 18)
54
In paragraph 8(8)(a) of Schedule 2 to the Crossrail Act 2008 (“public sewer
or drain” includes one owned by certain public bodies) after “an urban
development corporation” insert “, a Mayoral development corporation”.
20
Planning Act 2008 (c. 29)
55
The Planning Act 2008 is amended as follows.
56
In section 129(1) (section 128(2) does not apply to acquisition by a listed
body) after paragraph (c) insert—
“(ca)
a Mayoral development corporation;”.
25
57    (1)
Amend section 206 (provision about charging community infrastructure
levy) is amended as follows.
      (2)
In subsection (5)(a) (“local planning authority” has the meaning given by
section 37 of the Planning and Compulsory Purchase Act 2004) after “to
England,” insert “except that a Mayoral development corporation is a local
30
planning authority for the purposes of this section only if it is the local
planning authority for all purposes of Part 2 of PCPA 2004 in respect of the
whole of its area and all kinds of development,”.
      (3)
After subsection (5) insert—
“(6)
CIL regulations may make transitional provision in connection with,
35
or in anticipation of, a Mayoral development corporation—
(a)
becoming a charging authority as a result of the operation of
subsection (2), or
(b)
ceasing to be a charging authority as a result of the operation
of that subsection.”
40
Equality Act 2010 (c. 15)
58
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) after the

Localism Bill
Schedule 23 — The London Environment Strategy: minor and consequential amendments of the Greater London Authority Act 1999
378

entry for Transport for London insert—
“A Mayoral development corporation.”
Schedule 23
Section 195

The London Environment Strategy: minor and consequential amendments of
the Greater London Authority Act 1999
5
General
1
The Greater London Authority Act 1999 is amended as follows.
2     (1)
Section 41 (general duties of the Mayor in relation to his strategies) is
amended as follows.
      (2)
In subsection (1)—
10
(a)
after paragraph (c) insert—
“(ca)
the London Environment Strategy,”, and
(b)
omit paragraphs (d) to (g).
      (3)
Omit subsection (11).
Biodiversity
15
3     (1)
Section 352 (Mayor’s biodiversity action plan) is amended as follows.
      (2)
For the heading substitute “The London Environment Strategy:
biodiversity”.
      (3)
In subsection (2)—
(a)
for “The London Biodiversity Action Plan” (in the opening words)
20
substitute “The provisions of the London Environment Strategy
dealing with biodiversity”,
(b)
in paragraph (c), for “the London Biodiversity Action Plan”
substitute “those provisions of the London Environment Strategy”
and for “is required to consult” substitute “has consulted or intends
25
to consult”, and
(c)
in paragraph (d), for “the London Biodiversity Action Plan”
substitute “those provisions of the London Environment Strategy”
and for “is required to be consulted by the Mayor” substitute “who
the Mayor has consulted or intends to consult”.
30
      (4)
In subsection (4), in the opening words, for “London Biodiversity Action
Plan” substitute “the provisions of the London Environment Strategy
dealing with biodiversity”.
      (5)
Omit subsections (1), (3), (4)(b) (with the preceding “and”), (5) and (6).
Municipal waste management
35
4     (1)
Section 353 (municipal waste management strategy) is amended as follows.
      (2)
For the heading substitute “The London Environment Strategy: municipal
waste management”.

Localism Bill
Schedule 23 — The London Environment Strategy: minor and consequential amendments of the Greater London Authority Act 1999
379

      (3)
In subsections (2), (3A) and (4) for “municipal waste management strategy”
(in each place) substitute “provisions of the London Environment Strategy
dealing with municipal waste management”.
      (4)
Omit subsections (1), (4)(b) (with the preceding “and”) and (5) to (7).
5     (1)
Section 354 (directions by the Secretary of State) is amended as follows.
5
      (2)
In subsection (1)—
(a)
for “either of the conditions” substitute “the condition”, and
(b)
for “municipal waste management strategy” substitute “provisions
of the London Environment Strategy dealing with municipal waste
management”.
10
      (3)
In subsection (2)—
(a)
omit paragraph (a); and
(b)
in paragraph (b), for “municipal waste management strategy”
substitute “provisions of the London Environment Strategy dealing
with municipal waste management”.
15
6
In—
(a)
section 355(1), (3) and (7)(c) (duties of waste collection authorities
etc),
(b)
section 356(1) (directions by the Mayor),
(c)
section 356A(5) (London Waste and Recycling Board),
20
(d)
section 357(5) (information about existing waste contracts), and
(e)
section 358(3) (information about new waste contracts),

for “municipal waste management strategy” (in each place) substitute
“provisions of the London Environment Strategy dealing with municipal
waste management”.
25
7
In section 355(7)(duties of waste collection authorities etc), in the words after
paragraph (c), omit the words “of the strategy”.
Climate change mitigation and energy
8     (1)
Section 361B (the London climate change mitigation and energy strategy) is
amended as follows.
30
      (2)
For the heading substitute “The London Environment Strategy: climate
change mitigation and energy”.
      (3)
In subsection (2), for “London climate change mitigation and energy
strategy” substitute “provisions of the London Environment Strategy
dealing with climate change mitigation and energy”.
35
      (4)
In subsection (3), for “strategy” substitute “provisions dealing with climate
change mitigation and energy”.
      (5)
In subsection (4), for “strategy” substitute “the provisions dealing with
climate change mitigation and energy”.
      (6)
In subsection (6)—
40
(a)
for “The strategy” substitute “provisions dealing with climate
change mitigation and energy”, and
(b)
in paragraphs (d) and (e), for “the strategy” substitute “those
provisions”.

Localism Bill
Schedule 23 — The London Environment Strategy: minor and consequential amendments of the Greater London Authority Act 1999
380

      (7)
Omit subsections (1), (7) and (9) to (11) and, in subsection (12), the definition
of “prescribed”.
9
Omit section 361C (directions by the Secretary of State to revise the strategy).
Adaptation to climate change
10    (1)
Section 361D (the adaptation to climate change strategy for London) is
5
amended as follows.
      (2)
For the heading substitute “The London Environment Strategy: adaptation
to climate change”.
      (3)
In subsection (2), for “adaptation to climate change strategy for London”
substitute “provisions of the London Environment Strategy dealing with
10
adaptation to climate change”.
      (4)
Omit subsections (1) and (3) to (5).
11
Omit section 361E (directions by the Secretary of State to revise the strategy).
Air quality
12    (1)
Section 362 (the Mayor’s air quality strategy) is amended as follows.
15
      (2)
For the heading substitute “The London Environment Strategy: air quality”.
      (3)
In subsections (2) to (4), for “London air quality strategy” (in each place)
substitute “provisions of the London Environment Strategy dealing with air
quality”.
      (4)
Omit subsections (1) and (5) to (7).
20
13    (1)
Section 363 (directions by the Secretary of State) is amended as follows.
      (2)
In subsection (1), for “either of the conditions” substitute “the condition.
      (3)
In subsection (2)—
(a)
omit paragraph (a), and
(b)
in subsection (2)(b), for “London air quality strategy” substitute
25
“provisions of the London Environment Strategy dealing with air
quality”.
14
In section 364 (duty of local authorities in Greater London), for “London air
quality strategy” substitute “provisions of the London Environment
Strategy dealing with air quality“.
30
15
In section 365 (directions by the Mayor), for “London air quality strategy”
substitute “provisions of the London Environment Strategy dealing with air
quality“.
Ambient noise
16    (1)
Section 370 (the London ambient noise strategy) is amended as follows.
35
      (2)
For the heading substitute “The London Environment Strategy: ambient
noise”.
      (3)
In subsection (2), for “London ambient noise strategy” substitute “provisions
of the London Environment Strategy dealing with ambient noise“.

Localism Bill
Schedule 24 — Repeals and revocations
Part 2 — Local authority governance
381

      (4)
In subsection (3), in paragraph (b) of the definition of “ambient noise”, for
“London ambient noise strategy” substitute “provisions of the London
Environment Strategy dealing with ambient noise“.
      (5)
Omit subsections (1) and (6) to (8).
Schedule 24
5
Section 203

Repeals and revocations
Part 1
General power of competence

Reference
Extent of repeal

Local Government Act 2000
Section 2(3) and (3A).

10

(c. 22)
Section 3(7).

Section 4A(2) and (3).

Local Government and Public
Section 78(2).

Involvement in Health Act
Section 115(2).

Local Government (Wales)
In Schedule 2, paragraph 2(a).

15

Measure 2009 (nawm 2)

Part 2
Local authority governance

Reference
Extent of repeal

Local Government Act 1972
In section 2(2A) the words “or a mayor and

20

(c. 70)
council manager executive”.

In section 245(1A) and (4A)(a) the words “or a

mayor and council manager executive”.

Social Security Administration
In section 110A(6) the word “either”.

Act 1992 (c. 5)

25

Local Government Act 2000
In section 11—

(a)
subsections (2A) and (9A),

(b)
in subsection (9) the words “in relation

to Wales”, and

(c)
in subsection (10) the words “(2A)(a) or”.

30

In section 13(9)(b) the words from “or section

236” to “England)”.

Section 14(7).

In section 19(1) the words “(within the meaning

of this Part)” in the first place they appear.

35

Localism Bill
Schedule 24 — Repeals and revocations
Part 2 — Local authority governance
382

Reference
Extent of repeal

Local Government Act 2000—
In section 21—

cont.
(a)
in subsection (2)(f) the words “section

244 of the National Health Service Act

2006 or”,

5

(b)
in subsection (2A), paragraphs (a), (b)

and (e) and the word “or” immediately

preceding paragraph (e),

(c)
in subsection (4) the words from “or any

functions” to the end,

10

(d)
in subsection (10) the words “, unless

permitted to do so under paragraph 12

of that Schedule”,

(e)
in subsection (13), paragraph (aa) (but

not the word “and” immediately

15

following that paragraph),

(f)
in subsection (14) the words “or (aa)”,

(g)
in subsection (16), paragraph (a) and the

word “and” immediately following that

paragraph, and

20

(h)
in subsection (16)(b) the words “in

Wales”.

Section 21ZA.

In section 21A

(a)
in subsection (1), paragraph (c) and the

25

word “and” immediately preceding that

paragraph, and

(b)
subsections (3) to (11).

Section 21B.

Section 21C.

30

Section 21D.

Section 21E.

Section 21F.

Section 22(12A).

Section 22A.

35

In section 29(3) the words “in Wales”.

In section 30(1) the words “in Wales”.

In section 31—

(a)
in subsection (1), paragraph (a) and the

word “and” immediately following that

40

paragraph, and

(b)
subsections (2) and (3).

In section 32(3)—

(a)
paragraph (a) and the word “and”

immediately after that paragraph, and

45

(b)
in paragraph (b) the words “in the case

of regulations made by the Welsh

Ministers,”.

Section 33(A1).

Section 33A (and the italic heading immediately

50

preceding it).

Section 33B.

Section 33C.

Localism Bill
Schedule 24 — Repeals and revocations
Part 2 — Local authority governance
383

Reference
Extent of repeal

Local Government Act 2000—
Section 33D.

cont.
Section 33E.

Section 33F.

Section 33G.

5

Section 33H.

Section 33I.

Section 33J (and the italic heading immediately

preceding it).

Section 33K.

10

Section 33L.

Section 33M.

Section 33N.

Section 33O (and the italic heading immediately

preceding it).

15

In section 34(3) the words “or of any of sections

33A to 33O”.

In section 35(3) the words “or of any of sections

33A to 33O”.

In section 36(3) the words “or of any of sections

20

33A to 33O”.

In section 39—

(a)
subsection (2),

(b)
in subsection (3) the words “in Wales”,

and

25

(c)
subsection (6).

Section 44A (and the italic heading immediately

preceding it).

Section 44B.

Section 44C.

30

Section 44D.

Section 44E.

Section 44F.

Section 44G.

Section 44H.

35

In section 45(9) the words “or 33K”.

In section 47—

(a)
in subsection (4) the words “(including

changes of the kinds set out in sections

33A to 33D)”, and

40

(b)
subsection (6)(b).

In section 48—

(a)
in subsection (1) the definition of

“ordinary day of election”,

(b)
subsection (1A),

45

(c)
in subsection (2), paragraph (b) and the

word “and” immediately preceding that

paragraph, and

(d)
in subsection (3), paragraph (b) and the

word “and” immediately preceding that

50

paragraph.

Section 106(1)(a).