House of Commons Amendments

Session 2010 - 11
Internet Publications
Other Bills before Parliament

279

House of Commons

Notices of Amendments

given on

Thursday 3 March 2011

For other Amendment(s) see the following page(s):

Localism Bill Committee 250-78

Public Bill Committee

Localism Bill

Greg Clark

272

Schedule  19,  page  356,  line  3,  leave out paragraph 1.

Greg Clark

273

Schedule  19,  page  357,  line  25,  after ‘functions’ insert ‘or its new towns and urban

development functions’.

Greg Clark

274

Schedule  19,  page  359,  line  7,  after ‘exercising’ insert ‘its housing or regeneration

functions or’.

Greg Clark

275

Schedule  19,  page  359,  line  13,  after ‘functions’ insert ‘or its new towns and urban

development functions’.

Greg Clark

276

Schedule  19,  page  360,  line  36,  after ‘exercising’ insert ‘its housing or

regeneration functions or’.

Greg Clark

277

Schedule  19,  page  361,  line  14,  after ‘exercising’ insert ‘its housing or

regeneration functions or’.

Notices of Amendments: 3 March 2011
280

Localism Bill, continued

Greg Clark

278

Schedule  19,  page  361,  line  28,  after ‘regeneration’ insert ‘or its new towns and

urban development functions’.

Barbara Keeley

Alison Seabeck

Jack Dromey

279

Schedule  17,  page  352,  line  1,  at end insert—

‘(2A)
In paragraph (c), leave out “a degree of control” and insert “certain powers”’.

Barbara Keeley

Alison Seabeck

Jack Dromey

280

Schedule  17,  page  352,  line  7,  at end insert—

‘(2A)
In subsection (1) after “standards for”, insert “the guidance of”.

(2B)
In subsection (2) delete “may, in particular, require registered providers to

comply with specified rules about” and insert “may relate to”’.

Barbara Keeley

Alison Seabeck

Jack Dromey

281

Schedule  17,  page  352,  line  25,  leave out from ‘is’ to end of line 27 and insert

‘repealed’.

Barbara Keeley

Alison Seabeck

Jack Dromey

282

Schedule  17,  page  352,  line  28,  leave out paragraph 6 and insert—

‘6  (1)
Section 197 (direction by the Secretary of State as to standards) is amended as

follows.

      (2)
Omit subsection (1).

      (3)
In subsection (2), leave out “give a direction under subsection (1)(a) or (b)

only” and insert “direct the regulator to set a standard, or about the content of

a standard,”’.

Barbara Keeley

Alison Seabeck

Jack Dromey

283

Schedule  17,  page  355,  line  22,  at end insert—

‘17
In section 269 (appointment of new officers), omit subsection (2) and insert

new subsection (2) as follows—

“(2)
The regulator may appoint more than four of the officers of a

registered provider only if the provider has fewer officers than

required by its constitution.”’.

Notices of Amendments: 3 March 2011
281

Localism Bill, continued

Barbara Keeley

Alison Seabeck

Jack Dromey

284

Clause  159,  page  143,  line  6,  at end insert—

‘(9A)
In preparing or revising the Housing Strategy for London the Mayor must consult

all London boroughs and have regard to any published borough investment plan.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

285

Schedule  16,  page  341,  line  16,  at end insert—

‘(3)
The HCA shall appoint, on the recommendation of the Regulation Committee, a

member of staff who shall be responsible to the Regulation Committee for the

discharge of the regulatiory functions of the HCA; and who shall be assisted by

subordinate HCA staff as appropriate.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

286

Schedule  16,  page  342,  line  26,  leave out from beginning to end of line 27 and

insert—

‘(1)
Appointment as a member of the Regulation Committee shall be for a period of

three years, except that initially some appointments may be for shorter and

different periods so as to secure that appointments expire at different times. A

person appointed in place of a person who ceased to hold office before the end of

the term for which he was appointed shall be appointed for the remainder of that

person’s term of office.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

287

Schedule  16,  page  343,  line  5,  leave out ‘unable, unfit or unsuitable’ and insert

‘unable or unfit’.

Barbara Keeley

Alison Seabeck

Jack Dromey

288

Schedule  16,  page  344,  leave out line 29 and insert—

‘(c)
the HCA staff member referred to in section 92A subsection (3), or any

staff member subordinate to that member of staff’.

Barbara Keeley

Alison Seabeck

Jack Dromey

289

Schedule  16,  page  346,  line  8,  at end insert—

‘(1A)
In subsection (5)(a) after “matches” insert “current”’.

Notices of Amendments: 3 March 2011
282

Localism Bill, continued

Barbara Keeley

Alison Seabeck

Jack Dromey

290

Schedule  17,  page  351,  line  40,  at end insert—

‘1A
In section 119 (de-registration: voluntary), leave out paragraph (b) of

subsection (2).’.

Barbara Keeley

Alison Seabeck

Jack Dromey

291

Schedule  17,  page  351,  line  40,  at end insert—

‘1B
In section 122 (payments to members etc.), after subsection (5), insert—

“(5A)
Class 4 is payments which are made incidentally to members as a

result of their belonging to a class of persons to whom the provider is

properly making payments in pursuance of its constitution or objects.

(5B)
Class 5 is payments made with the consent of the regulator.”’.

Barbara Keeley

Alison Seabeck

Jack Dromey

292

Clause  194,  page  161,  line  18,  after ‘subject to’, insert ‘formal agreement from a

majority of London borough councils and’.

Compensation for compulsory purchase - assumptions as to planning permission

Barbara Keeley

Alison Seabeck

Jack Dromey

NC19

To move the following Clause:—

‘(1)
The Land Compensation Act 1961 is amended as follows.

(2)
For sections 14, 15 and 16 substitute—

“14
Planning permissions - actual and assumed

(1)
For the purpose of assessing compensation in respect of any compulsory

acquisition, the matters to be taken into account in ascertaining the value

of the relevant interest shall include—

(a)
any planning permission for development on the relevant land or

any other land which is in force at the valuation date;

(b)
the prospect, in the circumstances known to the market at the

valuation date, of any other such planning permission being

granted in the future; and

(c)
the value attributable to development on the relevant land by

itself or together with other land for which planning permission

could reasonably have been expected to be granted where the

assumptions mentioned in subsection (3) are made (“appropriate

alternative development”).

Notices of Amendments: 3 March 2011
283

Localism Bill, continued

(2)
In determining the value attributable to appropriate alternative

development for the purpose of subsection (1)(c) account shall be taken

of—

(a)
any planning permission for appropriate alternative development

which could reasonably have been expected to be granted on an

application considered on the valuation date where the

assumptions mentioned in subsection (3) are made; and

(b)
the prospect, on the assumptions mentioned in subsection (3),

but otherwise in the circumstances known to the market at the

valuation date, of planning permission for other development

being granted in the future.

(3)
The assumptions referred to in subsections (1) and (2) are that the

circumstances at the date of determination of the application are the same

as exist at the valuation date except that—

(a)
the statutory project had been cancelled on whichever of the

following dates shall apply—

(i)
the date of first publication of notice of the making of the

compulsory purchase order as required under the

Acquisition of Land Act 1981;

(ii)
the date of first publication of notice of the application

for compulsory purchase powers contained in any order

to be made by the Secretary of State under any

enactment; or

(iii)
the date of first publication of notice of the deposit in

Parliament of the Bill containing the power to purchase

the land compulsorily;

(b)
no action has been taken (including acquisition of any land, and

any development or works) by the acquiring authority, wholly or

mainly for the purpose of the statutory project; and

(c)
there is no prospect of the same project, or any other project to

meet the same or substantially the same need, being carried out

in the exercise of a statutory function, or by the exercise of

compulsory purchase powers.

(4)
In this section “the statutory project” means the project, for which the

authority has been authorised to acquire the relevant land, for a purpose

to be carried out in the exercise of a statutory function.

(5)
In cases of dispute, the area of the statutory project shall be determined

by the Upper Tribunal as a question of fact subject to the following

matters—

(a)
the statutory project shall be taken to be the area of

implementation of the authorised purposes within the area of the

compulsory purchase instrument, save to the extent that it is

shown (by either party) that it is part of a larger project; and

(b)
save by agreement or in special circumstances, the Upper

Tribunal shall not permit the authority to advance evidence of a

larger project, other than one defined in the compulsory purchase

instrument or the documents published with it.”.

(3)
For section 17 substitute—

“17
Alternative development certificate

(1)
For the purpose of determining the permission or permissions to be taken

into account under section 14(2)(a), either of the parties directly

Notices of Amendments: 3 March 2011
284

Localism Bill, continued

concerned may, at any time after the date of first publication of a notice

mentioned in section 14(3)(a), apply to the local planning authority for

an alternative development certificate.

(2)
An “alternative development certificate” is a certificate stating—

(a)
the opinion of the local planning authority as to the appropriate

alternative development (if any) for which permission is to be

taken into account under section 14(2)(a); and

(b)
a general indication of any conditions, obligations or

requirements to which the permission would reasonably have

been expected to be subject.

(3)
Subject to any appeal made under section 18 of this Act, or any direction

of the Upper Tribunal given following such an appeal, an alternative

development certificate shall be conclusive of the matters stated in it for

the purposes of assessing compensatation.”.

(4)
For section 18 substitute—

“18
Appeals against alternative development certificates

(1)
Where the local planning authority has issued an alternative development

certificate under section 17 of this Act in respect of an interest in land—

(a)
any person entitled to claim compensation in respect of the

compulsory acquisition of that interest, or

(b)
any authority possessing compulsory purchase powers and by

whom that interest is proposed to be acquired,


may appeal to the Upper Tribunal against that certificate.

(2)
In relation to any appeal made under this section the Upper Tribunal

may—

(a)
determine the timing and scope of the hearing of the appeal,

having regard to any related compensation reference;

(b)
direct that the appeal be determined on its own, or at the same

time as a reference relating to the determination of compensation

for which the certificate is required; and

(c)
direct that the hearing of the appeal should take the form of a

local inquiry before a planning inspector appointed by the

Secretary of State, and that the inspector be given delegated

power to determine the appeal on behalf of the Tribunal.”.

(5)
For section 19 substitute—

“19
Application of certificate procedure in special cases

(1)
Subsection (2) applies where—

(a)
the person entitled to an interest in land which is proposed to be

acquired by an authority possessing compulsory purchase

powers is absent from the Unitee Kingdom or cannot be found;

and

(b)
the compensation payable in respect of the interest falls to be

determined by the valuation of a surveyor under section 58 of the

Land Clauses Consolidation Act 1845.

(2)
A surveyor appointed for the purpose described in subsection (1) may

apply to the local planning authority for an alternative development

certificate under section 17 before valuing the interest.

(3)
Sections 17 and 18 shall apply to an application made under this section.

Notices of Amendments: 3 March 2011
285

Localism Bill, continued

(4)
An application made under this section shall be accompanied by a

statement specifying the date on which a copy of the application has been

or will be served on each of the parties directly concerned.

(5)
Where the local planning authority issued a certificate to a surveyor

following an application under this section, the authority shall serve

copies of the certificate on both the parties directly concerned.”.

(6)
For sections 20 and 21 substitute—

“20
Power to prescibe matters relevant to Part III

(1)
The provisions which may be made by a development order shall include

provisions for regulating the manner in which applications under section

17 and 19 and appeals under section 18 are to be made and dealt with

respectively, and in particular—

(a)
for prescribing the time within which an alternative development

certificate is required to be issued;

(b)
for prescribing the manner in which notices of appeals under

section 18 are to be given, and the time for giving any such

notice; and

(c)
for requiring local planning authorities to provide the Secretary

of State and such other persons (if any) as may be prescribed by

or under the order with such information relating to the

application as may be prescribed.”’.

Right to buy receipts

Stephen Gilbert

Mr David Ward

NC20

To move the following Clause:—

‘(1)
In section 11 of the Local Government Act 2003, omit subsections (2)(b), (3) and

(4).

(2)
Any regulation made under section 11(2)(b) of the Local Government Act 2003

shall cease to have effect from 1 April 2012.’.

Powers of Secretary of State

Gavin Barwell

NC21

To move the following Clause:—

‘If the Secretary of State thinks that a statutory provision (whenever passed or

made) requires a local authority to fund a service from which its residents do not

benefit the Secretary of State may by order amend, repeal, revoke or dissapply

that provision.’.



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