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| | For other Amendment(s) see the following page(s):
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| | Localism Bill Committee 207-234 |
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| | Clause 169, page 148, line 44, at end insert— |
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| | | ‘(4A) | A Mayoral Development Corporation must be governed by a board, which |
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| | | includes a number of representatives from London borough councils not less than |
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| | | one sixth of the total number of board members.’. |
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| | Clause 169, page 149, line 4, at end insert— |
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| | | ‘(6A) | This section shall cease to have effect at the end of two years beginning with the |
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| | | day on which this Chapter comes fully into force.’. |
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| | Clause 195, page 162, line 23, at end insert— |
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| | | ‘(g) | open air recreation and enjoyment.’. |
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| | | Integrated transport authorities and passenger transport executives |
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| | To move the following Clause:— |
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| | | ‘(1) | The Local Transport Act 2008 is amended as follows. |
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| | | (a) | after section (98), insert— |
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| | | 98A | General powers of Integrated Transport Authority |
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| | | (a) | anything it considers appropriate for the purposes of the |
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| | | carrying-out of any of its functions, or otherwise for the purpose |
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| | | of improving the effectiveness and efficiency of transport in, |
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| | | through, to or from any part of the integrated transport area (its |
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| | | (b) | anything it considers appropriate for the purposes incidental to |
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| | | (c) | anything it considers appropriate for purposes indirectly |
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| | | incidental to its functional purposes through any number of |
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| | | (d) | anything it considers to be connected with— |
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| | | (i) | any of its functions, or |
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| | | (ii) | anything it may do under paragraph (a), (b) or (c), and |
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| | | (e) | for a commercial purpose or otherwise anything which it may do |
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| | | under any of paragraphs (a) to (d) otherwise than for a |
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| | | commercial purpose and to do it anywhere in the United |
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| | | (2) | An ITA’s power under subsection (1) is in addition to, and is not limited |
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| | | by, the other powers of the ITA. |
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| | | 98B | Boundaries of the general power |
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| | | (1) | Section 98A(1) does not enable an ITA to do— |
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| | | (a) | anythng which the ITA is unable to do by virtue of a pre- |
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| | | commencement limitation, or |
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| | | (b) | anything which the ITA is unable to do by virtue of a post- |
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| | | commencement limitation which is expressed to apply— |
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| | | (i) | to its power under section 98A(1), |
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| | | (ii) | to all of the ITA’s powers, or |
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| | | (iii) | to all of the ITA’s powers but with exceptions that do not |
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| | | include its power under section 98A(1). |
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| | | (2) | If exercise of a pre-commencement power of an ITA is subject to |
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| | | restrictions, those restrictions apply also to exercise of the power |
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| | | conferred on the ITA by section 98A(1) so far as it is overlapped by the |
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| | | (3) | Where under section 98A(1) an ITA does things for a commercial |
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| | | purpose, it must do them through— |
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| | | (a) | a company within the meaning given by section 1(1) of the |
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| | | (b) | a society registered or deemed to be registered under the |
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| | | Cooperative and Community Benefit Societies and Credit |
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| | | Unions Act 1965 or the Industrial and Provident Societies Act |
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| | | (4) | Section 98A(1) does not authorise an ITA to do things for a commercial |
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| | | purpose in relation to a person if a statutory provision requires the |
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| | | authority to do those things in relation to the person. |
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| | | (5) | Section 98A(1) does not authorise an ITA to borrow money. |
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| | | | “post-commencement limitation” means a prohibition, restriction or |
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| | | other limitation imposed by a statutory provision that— |
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| | | (a) | is contained in an Act passed after the end of the Session in |
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| | | which the Localism Act 2011 is passed, or |
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| | | (b) | is contained in an instrument made under an Act and comes into |
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| | | force on or after the commencement of section 98A(1); |
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| | | | “pre-commencement limitation” means a prohibition, restriction or other |
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| | | limitation imposed by a statutory provision that— |
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| | | (a) | is contained in an Act passed no later than the end of the Session |
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| | | in which the Localism Act 2011 is passed, or |
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| | | (b) | is contained in an instrument made under an Act and comes into |
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| | | force before the commencement of section 98A(1); |
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| | | | “pre-commencement power” means power conferred by a statutory |
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| | | (a) | is contained in an Act passed no later than the end of the Session |
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| | | in which the Localism Act 2011 is passed, or |
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| | | (b) | is contained in an instrument made under an Act and comes into |
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| | | force before the commencement of section 98A(1); |
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| | | | “statutory provision” means a provision of an Act or of an instrument |
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| | | 98C | Power to make a provision supplemental to section 98A |
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| | | (1) | If the Secretary of State thinks that a statutory provision (whenever |
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| | | passed or made) prevents or restricts ITAs from exercising power |
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| | | conferred by section 98A(1) the Secretary of State may by order amend, |
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| | | repeal, revoke or disapply that provision. |
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| | | (2) | If the Secretary of State thinks that the power conferred by section |
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| | | 98A(1) is overlapped (to any extent) by another power then, for the |
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| | | purpose of removing or reducing that overlap, the Secretary of State may |
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| | | by order amend, repeal, revoke or disapply any statutory provision |
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| | | (whenever passed or made). |
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| | | (3) | The Secretary of State may by order make provision preventing ITAs |
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| | | from doing under section 98A(1) anything which is specified, or is of a |
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| | | description specified, in the order. |
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| | | (4) | The Secretary of State may by order provide for the exercise by ITAs of |
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| | | power conferred by section 98A(1) to be subject to conditions, whether |
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| | | generally or in relation to doing anything specified, or of a description |
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| | | (5) | The power under subsection (1), (2), (3) or (4) may be exercised in |
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| | | (c) | particular descriptions of ITAs. |
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| | | (6) | Before making an order under subsection (1), (2), (3) or (4) the Secretary |
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| | | of State must (whether before or after the passing of this Act) consult— |
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| | | (b) | such representatives of ITAs, and |
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| | | (c) | such other persons (if any), |
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| | | | as the Secretary of State considers appropriate. |
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| | | 98D | Procedure for orders under section 98C |
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| | | (1) | If, as a result of any consultation required by section 98C(5) with respect |
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| | | to a proposed order under section 98C(1) it appears to the Secretary of |
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| | | State that it is appropriate to change the whole or any part of the Secretary |
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| | | of State’s proposals, the Secretary of State must (whether before or after |
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| | | the passing of this Act) undertake such further consultation with respect |
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| | | to the changes as the Secretary of State considers appropriate. |
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| | | (2) | If, after the conclusion of the consulation required by section 98C(5) and |
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| | | subsection (1), the Secretary of State considers it appropriate to proceed |
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| | | with the making of an order under section 98C(1) the Secretary of State |
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| | | must lay before Parliament— |
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| | | (a) | a draft of the order, and |
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| | | (b) | an explanatory document explaining the proposals and giving |
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| | | (i) | any consultation undertaken under section 98C(5) and |
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| | | (ii) | any representations received as a result of the |
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| | | (iii) | the changes (if any) made as a result of those |
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| | | (3) | Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 |
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| | | (choosing between negative, affirmative and super-affirmative |
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| | | parliamentary procedure) are to apply in relation to an explanatory |
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| | | document and draft order laid under subsection (2) but as if— |
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| | | (a) | section 18(11) of that Act were omitted, |
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| | | (b) | references to section 14 of that Act were references to subsection |
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| | | (c) | references to the Minister were references to the Secretary of |
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| | | (4) | Provision under section 98C(2) may be included in a draft order laid |
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| | | under subsection (2) and, if it is, the explanatory document laid with the |
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| | | draft order must also explain the proposals under section 98C(2) and give |
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| | | details of any consultation undertaken under section 98C(5) with respect |
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| | | (5) | Section 98C(6) does not apply to an order under section 9C(3) or (4) |
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| | | which is made only for the purposes of amending an earlier such order— |
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| | | (a) | so as to extend the earlier order, or any provision of the earlier |
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| | | order, to a particular authority or to authorities of a particular |
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| | | (b) | so that the earlier order, or any provision of the earlier order, |
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| | | ceases to apply to a particular authority or to authorities of a |
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| | | 98E | Limits on charging in exercise of general power |
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| | | (1) | Subsection (2) applies where— |
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| | | (a) | an ITA provides a service to a person otherwise than for a |
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| | | (b) | its providing the service to the person is done, or could be done, |
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| | | in exercise of the general power. |
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| | | (2) | The general power confers power to charge the person for providing the |
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| | | service to the person only if— |
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| | | (a) | the service is not one that a statutory provision requires the |
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| | | authority to provide to the person, |
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| | | (b) | the person has agreed to its being provided, and |
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| | | (c) | the authority does not have power to charge for providing the |
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| | | (3) | The general power is subject to a duty to secure that, taking one financial |
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| | | year with another, the income from charges allowed by subsection (2) |
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| | | does not exceed the costs of provision. |
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| | | (4) | The duty under subsection (3) applies separately in relation to each kind |
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| | | (b) | Omit Chapter 3 of Part 5 of the Act. |
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| | | (2) | In section 9A of the Transport Act 1968, before subsection (3), insert— |
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| | | “(2A) | Chapter 2A of Part 5 of the Local Transport Act 2008 applies to the |
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| | | Executive of each integrated transport area as it applies to the Authority. |
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| | | (2B) | The powers exercisable by an Executive by virtue of subsection (2A) are |
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| | | exercisable by the Executive in its own capacity.”. |
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| | | (3) | In section 1(4) of the Local Authorities (Goods and Services) Act 1970, after “and |
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| | | any joint authority established by Part IV of the Local Government Act 1985”, |
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| | | insert “ and any passenger transport executive established under section 9 of the |
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| | | Assumptions as to planning permission |
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| | To move the following Clause:— |
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| | | ‘(1) | The Land Compensation Act 1961 is amended as follows. |
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| | | (2) | Omit sections (14) to (22). |
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| | | (3) | After section (13), insert— |
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