Localism Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

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56
Omit section 33M (cases in which change is subject to approval in
referendum).
57
Omit section 33N (variation of mayoral executive).
58
Omit section 33O (interpretation) and the italic heading immediately before
it (miscellaneous).
59    (1)
Section 34 (referendum following petition) is amended as follows.
      (2)
In subsections (1) and (2)(k) for “Secretary of State” substitute “Welsh
Ministers”.
      (3)
In subsection (1A) for the words from “means—” to “Wales,” substitute
“means”.
      (4)
In subsection (3) omit “or of any of sections 33A to 33O”.
60    (1)
Section 35 (referendum following direction) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Secretary of State” substitute “Welsh Ministers”, and
(b)
for “him” substitute “them”.
      (3)
In subsection (2)(d) for “Secretary of State” substitute “Welsh Ministers”.
      (4)
In subsection (3) omit “or of any of sections 33A to 33O”.
61    (1)
Section 36 (referendum following order) is amended as follows.
      (2)
In subsections (1) and (2)(d) for “Secretary of State” substitute “Welsh
Ministers”.
      (3)
In subsection (3) omit “or of any of sections 33A to 33O”.
62
In section 37 (local authority constitution) in subsection (1)(a) for “Secretary
of State” substitute “Welsh Ministers”.
63
In section 38 (guidance) in subsection (1) for “Secretary of State” substitute
“Welsh Ministers”.
64    (1)
Section 39 (elected mayors etc) is amended as follows.
      (2)
Omit subsection (2).
      (3)
In subsection (3) omit “in Wales”.
      (4)
In subsection (5B)(a) for “Secretary of State” substitute “Welsh Ministers”.
      (5)
In subsection (5C) for the words from the beginning to “1972 are” substitute
“Section 21(1A) of the Local Government Act 1972 is”.
      (6)
After subsection (5C) insert—
“(5D)
A statutory instrument containing regulations made under
subsection (5B)(a) is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.”
      (7)
Omit subsection (6).
65
In section 41 (time of elections etc) for “Secretary of State” substitute “Welsh
Ministers”.

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66
Omit section 44A (election of leader: whole-council elections) and the italic
heading immediately before it (leader and cabinet executives (England)).
67
Omit section 44B (election of leader: partial-council elections).
68
Omit section 44C (removal of leader).
69
Omit section 44D (term of office of leader: whole-council elections).
70
Omit section 44E (term of office of leader: partial council elections).
71
Omit section 44F (leader to continue to hold office as councillor).
72
Omit section 44G (no other means of electing or removing leader).
73
Omit section 44H (regulations).
74    (1)
Section 45 (provisions with respect to referendums) is amended as follows.
      (2)
In subsection (1) for the words from “authority—” to “in Wales” substitute
“authority”.
      (3)
In subsections (5), (6) and (8A) for “Secretary of State” substitute “Welsh
Ministers”.
      (4)
In subsection (8B)—
(a)
in paragraph (a)—
(i)
for “Parliament in accordance with section 105(6)” substitute
“the National Assembly for Wales”, and
(ii)
for “Secretary of State” substitute “Welsh Ministers”, and
(b)
in paragraph (b)
(i)
for “Secretary of State” substitute “Welsh Ministers”, and
(ii)
for “each House” substitute “the National Assembly for
Wales”.
      (5)
In subsection (8D)—
(a)
in paragraph (a)—
(i)
for “Parliament in accordance with section 105(6)” substitute
“the National Assembly for Wales”, and
(ii)
for “Secretary of State” substitute “Welsh Ministers”, and
(b)
in paragraph (b)—
(i)
for “Parliament” substitute “the National Assembly for
Wales”,
(ii)
for “Secretary of State” substitute “Welsh Ministers”,
(iii)
for “each House” substitute “the Assembly”, and
(iv)
for “his” substitute “their”.
      (6)
In subsection (9) omit “or 33K”.
75    (1)
Section 47 (power to make incidental, consequential provision etc) is
amended as follows.
      (2)
In subsection (1)—
(a)
for “Secretary of State” substitute “Welsh Ministers”,
(b)
for “he considers” substitute “they consider”.
      (3)
In subsection (4) omit “(including changes of the kinds set out in sections
33A to 33D)”.

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      (4)
In subsection (6) omit paragraph (b).
76    (1)
Section 48 (interpretation of Part 2) is amended as follows.
      (2)
In subsection (1)—
(a)
in the definition of “executive leader” for “section 11(2A)(a) or (3)(a)”
substitute “section 11(3)(a)”,
(b)
in the definition of “local authority” for the words from “means—” to
“Wales, a county council” substitute “means a county council in
Wales”, and
(c)
omit the definition of “ordinary day of election”.
      (3)
Omit subsection (1A).
      (4)
In subsection (2) omit paragraph (b).
      (5)
In subsection (3) omit paragraph (b).
      (6)
In subsection (7)—
(a)
for “Secretary of State” substitute “Welsh Ministers”, and
(b)
for “him” substitute “them”.
77
In section 48A (functions of the Lord President of the Council) for “sections
44 and 45” substitute “section 44”.
78    (1)
Section 105 (orders and regulations) is amended as follows.
      (2)
In subsection (6)—
(a)
after “6,” insert “9HF, 9HH, 9N,”, and
(b)
for “section 11(5), 31(1)(b), 32, 33O(6), 44 or 45” substitute “section
9BA, 9HN or 44”.
      (3)
After subsection (7) insert—
“(7A)
If a draft of a statutory instrument containing an order under section
9HF or 9N would, apart from this subsection, be treated for the
purposes of the standing orders of either House of Parliament as a
hybrid instrument, it is to proceed in that House as if it were not such
an instrument.”
79
In section 106 (Wales) in subsection (1) omit paragraph (a).
80    (1)
Schedule 1 (executive arrangements: further provision) is amended as
follows.
      (2)
In the heading of the Schedule (executive arrangements: further provision)
after “arrangements” insert “in Wales”.
      (3)
In paragraph 1(9) for “In the case of a local authority in Wales, the” substitute
“The”.
      (4)
Omit paragraph 1A and the heading immediately before it.
      (5)
In paragraph 3(16) for “In the case of a local authority in Wales, the”
substitute “The”.
      (6)
In paragraph 6(1) for “Secretary of State” substitute “Welsh Ministers”.
      (7)
Omit paragraph 7.
      (8)
In paragraph 8—

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(a)
in sub-paragraph (1) omit—
(i)
“Welsh”, and
(ii)
“in Wales”,
(b)
in sub-paragraphs (2), (3) and (7) omit “Welsh”, and
(c)
in sub-paragraphs (4) and (7) for “National Assembly for Wales”
substitute “Welsh Ministers”.
      (9)
In paragraph 9—
(a)
in sub-paragraph (4) for “Secretary of State” substitute “Welsh
Ministers”,
(b)
in sub-paragraph (5)(f) for “Secretary of State considers” substitute
“Welsh Ministers consider”,
(c)
in sub-paragraph (6)(a)—
(i)
for “Secretary of State” substitute “Welsh Ministers”, and
(ii)
for “he considers” substitute “they consider”, and
(d)
in sub-paragraph (6)(b) for “Secretary of State makes” substitute
“Welsh Ministers make”.
     (10)
In paragraph 10 omit “7,”.
     (11)
In paragraph 11 for “7” substitute “8”.
     (12)
Omit paragraphs 12 to 14 and the italic heading immediately before
paragraph 12 (overview and scrutiny committees: voting rights of co-opted
members).
Anti-social Behaviour Act 2003 (c. 38)
81
In section 41 of the Anti-social Behaviour Act 2003 (closure of noisy
premises: supplemental) after subsection (2) (power of chief executive
officer to authorise an environmental health officer to exercise the chief
executive officer’s functions) insert—
“(2A)
A relevant local authority that has made the arrangements set out in
section 9HA(2) of the Local Government Act 2000 (mayoral
management arrangements: mayor to be chief executive etc) may by
resolution confer any power or duty of the authority’s chief
executive officer under section 40 or this section on the authority’s
elected mayor.
(2B)
If a relevant local authority confers a power or duty on the
authority’s elected mayor under subsection (2A), the power or duty
is exercisable by, or applies to, the elected mayor rather than the chief
executive officer.
(2C)
If a relevant local authority confers the power in section 40(1) on the
authority’s elected mayor under subsection (2A), the references to a
belief of the chief executive officer—
(a)
in section 40(1), and
(b)
in subsection (2)(b) of this section so far as that reference
relates to section 40(1),

are to be read as references to the belief of the elected mayor.
(2D)
If a relevant local authority confers the duty in subsection (1)(b) on
the authority’s elected mayor under subsection (2A), the references
to a belief of the chief executive officer—

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(a)
in subsection (1)(b), and
(b)
in subsection (2)(b) so far as that reference relates to
subsection (1),

are to be read as references to the belief of the elected mayor.
(2E)
Section 101(1) of the Local Government Act 1972 (arrangements for
discharge of functions by local authorities) does not apply to the
function of conferring a duty under section (2A).”
National Health Service Act 2006 (c. 41)
82
The National Health Service Act 2006 is amended as follows.
83
In section 244 (functions of overview and scrutiny committees) after
subsection (4) insert—
“(5)
In this section, section 245 and section 246 references to an overview
and scrutiny committee include references to—
(a)
an overview and scrutiny committee of a local authority
operating executive arrangements under Part 1A of the Local
Government Act 2000 (executive arrangements in England),
and
(b)
an overview and scrutiny committee appointed by a local
authority under section 9JA of that Act (appointment of
overview and scrutiny committees by committee system
local authorities).”
84    (1)
Section 245 (joint overview and scrutiny committees etc) is amended as
follows.
      (2)
In subsection (1)—
(a)
in paragraph (a)—
(i)
for “Part 2” substitute “Part 1A”, and
(ii)
for “section 21(2)(f)” substitute “section 9F(2)(f)”, and
(b)
for paragraph (b) and the words from that paragraph to the end of
the subsection substitute—
“(b)
in relation to a local authority operating a committee
system under that Part, are any corresponding
functions which are or, but for regulations under this
section, would be, exercisable by an overview and
scrutiny committee of the authority appointed under
section 9JA.”
      (3)
In subsection (3)(b)—
(a)
in sub-paragraph (i) for “section 21(4) and (6) to (15)” substitute
“sections 9F(5), 9FA, 9FC to 9FG and 9FJ”, and
(b)
omit sub-paragraphs (ia) and (ib).
      (4)
In subsection (7) for “Section 21(4)” substitute “Section 9F(5)”.
      (5)
In subsection (8) for “Section 21(10)” substitute “Section 9FA(5)”.
85
In section 246 (overview and scrutiny committees: exempt information) in
subsection (1)—
(a)
after “relating to” insert “—
“(a)
”,

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(b)
for “section 21(2)(f)” substitute “section 9F(2)(f)”, and
(c)
after “(c. 22)” insert “, or
“(b)
corresponding functions of an overview and scrutiny
committee appointed under section 9JA of that Act”.
86    (1)
Section 247 (application to the City of London) is amended as follows.
      (2)
In subsection (1) for “section 21(2)(f)” substitute “section 9F(2)(f)”.
      (3)
In subsection (3)—
(a)
for “Section 21” substitute “Section 9F”,
(b)
in paragraph (a) for “(3), (5) and (9)” substitute “(4)”, and
(c)
omit paragraphs (b) to (d).
      (4)
After subsection (3) insert—
“(3A)
Section 9FA of the Local Government Act 2000 applies as if such a
committee were an overview and scrutiny committee and as if the
Common Council were a local authority, but with the omission—
(a)
of subsection (3),
(b)
in subsection (6), of paragraph (b), and
(c)
in subsection (8)(a), of the reference to members of the
executive.”
      (5)
In subsection (4)—
(a)
for “and (3)” substitute “to (3A)”, and
(b)
for “section 21(2)” substitute “section 9F(2)”.
87
After section 247 (application to the City of London) insert—
“247A
Application to certain other local authorities without overview and
scrutiny committees
(1)
This section applies to a local authority (“Authority A”) that—
(a)
is—
(i)
a county council in England,
(ii)
a London borough council, or
(iii)
a district council for an area for which there is no
county council,
(b)
does not operate executive arrangements, and
(c)
has not appointed an overview and scrutiny committee
under section 9JA of the Local Government Act 2000 (“the
2000 Act”).
(2)
Authority A must establish a committee which has, in relation to
Authority A’s area, the functions which under section 9F(2)(f) of the
2000 Act the overview and scrutiny committee of a local authority
operating executive arrangements (“Authority B”) has in relation
Authority B’s area.
(3)
In relation to the committee established by Authority A under
subsection (2)—
(a)
sections 244(2) to (4), 245 and 246 (and Schedule 17 to this Act
and Schedule 11 to the National Health Service (Wales) Act
2006) apply as if the committee were an overview and
scrutiny committee,

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(b)
section 9F of the 2000 Act applies as if—
(i)
the committee were an overview and scrutiny
committee,
(ii)
subsections (1) to (4) were omitted, and
(iii)
in subsection (5) for paragraphs (a) to (c) there were
substituted “its functions under section 247A(2) of the
National Health Service Act 2006”,
(c)
Section 9FA of the 2000 Act applies as if—
(i)
the committee were an overview and scrutiny
committee,
(ii)
subsection (3) were omitted, and
(iii)
in subsection (8)(a) the reference to members of the
executive were a reference to members of the
authority, and
(d)
Paragraphs 11 to 13 of Schedule A1 to the 2000 Act apply as
if the committee were an overview and scrutiny committee.
(4)
In the provisions as applied by subsection (3) references to functions
under any provision of section 9F(2) of the 2000 Act are, in the case
of a committee established by Authority A under subsection (2),
references to the committee’s functions under subsection (2).
(5)
In this section “executive arrangements” means executive
arrangements under Part 1A of the 2000 Act.”
Police and Justice Act 2006 (c. 48)
88
The Police and Justice Act 2006 is amended as follows.
89    (1)
Section 19 (local authority scrutiny of crime and disorder matters) is
amended as follows.
      (2)
In subsection (3)(a)—
(a)
after the first “section” insert “9F(2) or”, and
(b)
after the second “section” insert “9JA(2) or”.
      (3)
In subsection (9) omit “(within the meaning of Part 2 of the Local
Government Act 2000 (c. 22))”.
      (4)
After subsection (9) insert—
“(9A)
In subsection (9) “overview and scrutiny committee” means—
(a)
in relation to England, an overview and scrutiny committee
within the meaning of Chapter 2 of Part 1A of the Local
Government Act 2000 (see section 9F of that Act), and
(b)
in relation to Wales, an overview and scrutiny committee
within the meaning of Part 2 of that Act (see section 21 of that
Act).
(9B)
In the case of a local authority that operates a committee system and
has appointed one or more overview and scrutiny committees under
section 9JA of the Local Government Act 2000, the crime and
disorder committee is to be one of those committees.”
      (5)
In subsection (10) for the words from “not” to “Act 2000” substitute “in cases
that are not within subsection (9) or (9B)”.