Localism Bill

House of Commons

Session 2010 - 11
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Localism Bill

Localism Bill (Volume II)
Schedule 7 — Council tax: minor and consequential amendments
284

      (4)
In subsection (3) after “(2)” insert “(ba) or”.
31
In section 69 (interpretation of Part 1) omit subsection (2A).
Environment Act 1995 (c. 25)
32
In section 71(6) of the Environment Act 1995 (National Park authorities to be
levying bodies) for the words from “32 or 43” to the end substitute “31A or
42A (calculation of council tax requirement by authorities in England) or
section 32 or 42 (calculation of budget requirement by authorities in Wales)
of the Local Government Finance Act 1992.”
Police Act 1996 (c. 16)
33
In section 41(1) of the Police Act 1996 (directions as to minimum budget) for
the words from “budget requirement” to “Act 1992)” substitute “council tax
requirement (under section 42A of the Local Government Finance Act 1992)
or budget requirement (under section 43 of that Act) for any financial year”.
Greater London Authority Act 1999 (c. 29)
34
The Greater London Authority Act 1999 is amended as follows.
35
In section 87 (procedure for determining the budget requirement) for
“budget” in each place (including the heading) substitute “council tax”.
36    (1)
Section 95 (minimum budget for Metropolitan Police Authority) is amended
as follows.
      (2)
In each of the following provisions for “budget” substitute “council tax”—
(a)
subsection (1),
(b)
subsection (2),
(c)
subsection (5)(a), and
(d)
subsection (7)(b) (in both places).
      (3)
In subsection (8) omit “P1 or” and “item P2 or”.
      (4)
Omit subsections (9) to (11).
37
In section 97 (emergencies and disasters) in both of the following provisions
for “budget” substitute “council tax”—
(a)
subsection (1)(b), and
(b)
subsection (2)(b).
38
In section 99—
(a)
at the appropriate place insert ““BID levy” has the same meaning as
in Part 4 of the Local Government Act 2003;”,
(b)
in each of the definitions of “component budget requirement” and
“consolidated budget requirement” for “budget” substitute “council
tax”, and
(c)
omit the definitions of “police grant” and “relevant special grant”.
39
In section 102(2) (distribution of grants between authority and functional
bodies—
(a)
omit paragraph (c), and

Localism Bill (Volume II)
Schedule 7 — Council tax: minor and consequential amendments
285

(b)
at the end of paragraph (g) (but not as part of that paragraph) insert
“and which are credited to a revenue account for the year in
accordance with proper practices.”
40
In Schedule 6 (procedure for determining the Authority’s consolidated
budget requirement) in each of the following provisions for “budget” in each
place substitute “council tax”—
(a)
the Schedule heading,
(b)
paragraph 1(2)(a) and (3)(a) and (b),
(c)
paragraph 5A(1), (2)(a), (3) to (5), (6)(b), (7) to (9) and (12) (but not in
“the draft component budget for the body”),
(d)
paragraph 7(2) to (4), and
(e)
paragraph 8A(1), (2)(a), (3) to (5), (6)(b), (7), (8) and (10) (but not in
“the final draft budget”).
41
In Schedule 7 (procedure for making of substitute calculations by the
Authority) in each of following provisions for “budget” substitute “council
tax”—
(a)
paragraph 4A(1), (2)(a), (3), (5) to (9) and (11)(c) (but not in “the first
draft component budget for the body”), and
(b)
paragraph 7A(1), (2)(a), (3), (5) to (9) and (11).
Local Government Act 2003 (c. 26)
42
The Local Government Act 2003 is amended as follows.
43
In section 25(1) (budget calculation: report on robustness of estimates etc) for
“32” substitute “31A, 32, 42A”.
44
In section 26(1) (minimum reserves)—
(a)
in paragraph (a)—
(i)
after “section” insert “31A or”, and
(ii)
after the second “of” insert “council tax or”, and
(b)
in paragraph (b) after “section” insert “42A or”.
45
In section 27(1) (budget calculation: report on inadequacy of controlled
reserve) for “32” substitute “31A, 32, 42A”.
46    (1)
Section 28 (budget monitoring: general) is amended as follows.
      (2)
In subsection (1) for “32” substitute “31A, 32, 42A”.
      (3)
In subsection (4)—
(a)
for “32(4)” substitute “31A(4), 32(4), 42A(4)”, and
(b)
before “budget” insert “council tax or”.
London Local Authorities Act 2004 (2004 c. i)
47
In section 23 of the London Local Authorities Act 2004 (Greater London
Magistrates’ Courts Authority) for “33” substitute “31B”.
Local Government and Public Involvement in Health Act 2007 (c. 28)
48
The Local Government and Public Involvement in Health Act 2007 is
amended as follows.

Localism Bill (Volume II)
Schedule 8 — Regional strategies: consequential amendments
286

49
In section 24(1)(d) (authorities dissolved by orders: control of reserves) for
“32(3) or 43(3)” substitute “31A(3) or 42A(3)”.
50
In section 25(1)(a) (directions: further provisions about reserves) for “32(3) or
43(3)” substitute “31A(3) or 42A(3)”.
51    (1)
Section 28 (contraventions of direction) is amended as follows.
      (2)
In subsection (5) for “32(3)” substitute “31A(3)”.
      (3)
In subsection (6) for “43(3)” substitute “42A(3)”.
Schedule 8
Section 89

Regional strategies: consequential amendments
Town and Country Planning Act 1990 (c. 8)
1
In Schedule 1 to the Town and Country Planning Act 1990 (local planning
authorities: distribution of functions) in paragraph 7—
(a)
omit sub-paragraphs (2)(a), (3) and (5)(a),
(b)
in sub-paragraph (7)(a) for the words from “the responsible regional
authorities” to “(the consulted body)” substitute “the county
planning authority”,
(c)
in sub-paragraphs (7)(b) and (8) for “the consulted body” in each
place substitute “the county planning authority”, and
(d)
omit sub-paragraphs (9), (10)(b) and (11).
Regional Development Agencies Act 1998 (c. 45)
2
In the Regional Development Agencies Act 1998 omit section 7 (regional
strategy).
Greater London Authority Act 1999 (c. 29)
3
The Greater London Authority Act 1999 is amended as follows.
4
In section 337(6)(a) (conflict between regional spatial strategy and spatial
development strategy) omit “or the regional spatial strategy for a region
which adjoins Greater London”.
5
In section 342(1) (matters to which the Mayor is to have regard)—
(a)
omit paragraph (a), and
(b)
in paragraph (b) omit “other”.
6
In Schedule 10 (Transport for London) in paragraph 2—
(a)
omit sub-paragraph (3A), and
(b)
in sub-paragraph (8) omit the definition of “regional planning body”
and “region”.
Planning and Compulsory Purchase Act 2004 (c. 5)
7
The Planning and Compulsory Purchase Act 2004 is amended as follows.

Localism Bill (Volume II)
Schedule 8 — Regional strategies: consequential amendments
287

8
In section 15(3) (preparation of local development scheme) omit paragraph
(c).
9
In section 19(2) (preparation of local development documents) omit
paragraphs (b) and (d).
10    (1)
Section 24 (conformity with regional strategy) is amended as follows.
      (2)
In the heading for “regional strategy” substitute “spatial development
strategy”.
      (3)
In subsection (1) omit paragraph (a).
11
In section 28 (joint local development documents) omit subsection (4).
12
In section 37 (interpretation) omit subsections (6) and (6A).
13
In section 38(3) (development plan for areas in England outside Greater
London) omit paragraph (a).
14    (1)
Section 45 (simplified planning zones) is amended as follows.
      (2)
Before subsection (1) insert—
“(A1)
The principal Act is amended in relation to Wales as follows.”
      (3)
In subsection (1) for “the principal Act” substitute “that Act”.
      (4)
In the text to be inserted by subsection (2), in subsection (1A)—
(a)
omit paragraph (a), and
(b)
in paragraph (b) omit “in Wales”.
      (5)
In the text to be inserted by subsection (3)—
(a)
in subsection (2)(b) omit—
(i)
“the Secretary of State or”, and
(ii)
“(as the case may be)”,
(b)
in subsection (2A) omit paragraph (b), and
(c)
omit subsection (2B).
      (6)
Omit subsection (4).
      (7)
In the text to be inserted by subsection (9)—
(a)
in sub-paragraph (1A)—
(i)
omit paragraph (a), and
(ii)
in paragraph (b) omit “in Wales”,
(b)
in sub-paragraph (1B) omit—
(i)
“the Secretary of State or”, and
(ii)
“(as the case may be)”, and
(c)
in sub-paragraph (1C) omit—
(i)
“Secretary of State or the”, and
(ii)
“(as the case may be)”.
15
In section 62(5) (preparation of local development plan) omit paragraph (c).
16
In section 78 (interpretation of Part 6) omit subsection (5).
17    (1)
Section 113 (validity of strategies, plans and documents) is amended as
follows.

Localism Bill (Volume II)
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
288

      (2)
In subsection (1)—
(a)
omit paragraph (a), and
(b)
in the words following paragraph (g) for “(a)” substitute “(b)”.
      (3)
In subsection (9) omit paragraph (a).
      (4)
In subsection (11) omit paragraph (a).
      (5)
Omit subsection (12).
Marine and Coastal Access Act 2009 (c. 23)
18
In Schedule 6 to the Marine and Coastal Access Act 2009, in paragraph 1—
(a)
in sub-paragraph (2) omit paragraph (e), and
(b)
in sub-paragraph (3) omit the definition of “responsible regional
authorities”.
Schedule 9
Section 96

Neighbourhood planning
Part 1
Neighbourhood development orders
1
The Town and Country Planning Act 1990 is amended as follows.
2
After section 61D insert—
“Neighbourhood development orders
61E
Neighbourhood development orders
(1)
Any qualifying body is entitled to initiate a process for the purpose
of requiring a local planning authority in England to make a
neighbourhood development order.
(2)
A “neighbourhood development order” is an order which grants
planning permission in relation to a particular neighbourhood area
specified in the order—
(a)
for development specified in the order, or
(b)
for development of any class specified in the order.
(3)
Schedule 4B makes provision about the process for the making of
neighbourhood development orders, including—
(a)
provision for independent examination of orders proposed
by qualifying bodies, and
(b)
provision for the holding of referendums on orders proposed
by those bodies.
(4)
A local planning authority—
(a)
must make a neighbourhood development order if more than
half of those voting in a referendum under that Schedule
have voted in favour of the order, and

Localism Bill (Volume II)
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
289

(b)
if paragraph (a) applies, must make the order as soon as
reasonably practicable after the referendum is held.
(5)
There are no other circumstances in which a neighbourhood
development order may be made.
(6)
A “qualifying body” means a parish council, or an organisation or
body designated as a neighbourhood forum, authorised for the
purposes of a neighbourhood development order to act in relation to
a neighbourhood area as a result of section 61F.
(7)
For the meaning of “neighbourhood area”, see section 61G.
(8)
The authority are not to be subject to the duty under subsection (4)(a)
if they consider that the making of the order would breach, or would
otherwise be incompatible with, any EU obligation or any of the
Convention rights (within the meaning of the Human Rights Act
1998).
(9)
Regulations may make provision as to the procedure to be followed
by local planning authorities in cases where they act under
subsection (8).
(10)
The regulations may in particular make provision—
(a)
for the holding of an examination,
(b)
as to the payment by a local planning authority of
remuneration and expenses of the examiner,
(c)
as to the award of costs by the examiner,
(d)
as to the giving of notice and publicity,
(e)
as to the information and documents that are to be made
available to the public,
(f)
as to the making of reasonable charges for anything provided
as a result of the regulations,
(g)
as to consultation with and participation by the public, and
(h)
as to the making and consideration of representations
(including the time by which representations must be made).
(11)
The authority must publish in such manner as may be prescribed—
(a)
their decision to act under subsection (4) or (8),
(b)
their reasons for making that decision, and
(c)
such other matters relating to that decision as may be
prescribed.
(12)
The authority must send a copy of the matters required to be
published to—
(a)
the qualifying body that initiated the process for the making
of the order, and
(b)
such other persons as may be prescribed.
(13)
A local planning authority must publish each neighbourhood
development order that they make in such manner as may be
prescribed.
61F
Authorisation to act in relation to neighbourhood areas
(1)
For the purposes of a neighbourhood development order, a parish
council are authorised to act in relation to a neighbourhood area if

Localism Bill (Volume II)
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
290

that area consists of or includes the whole or any part of the area of
the council.
(2)
If that neighbourhood area also includes the whole or any part of the
area of another parish council, the parish council is authorised for
those purposes to act in relation to that neighbourhood area only if
the other parish council have given their consent.
(3)
For the purposes of a neighbourhood development order, an
organisation or body is authorised to act in relation to a
neighbourhood area if it is designated by a local planning authority
as a neighbourhood forum for that area.
(4)
An organisation or body may be designated for a neighbourhood
area only if that area does not consist of or include the whole or any
part of the area of a parish council.
(5)
A local planning authority may designate an organisation or body as
a neighbourhood forum if the authority are satisfied that it meets the
following conditions—
(a)
the organisation or body is established for the express
purpose of furthering the social, economic and
environmental well-being of individuals living, or wanting to
live, in an area that consists of or includes the neighbourhood
area concerned,
(b)
the membership of the organisation or body is open to
individuals living, or wanting to live, in the neighbourhood
area concerned,
(c)
there are at least 3 members of the organisation or body each
of whom lives in the neighbourhood area concerned, and
(d)
the organisation or body has a written constitution.
(6)
A local planning authority may also designate an organisation or
body as a neighbourhood forum if they are satisfied that the
organisation or body meets prescribed conditions.
(7)
A local planning authority—
(a)
may designate only one organisation or body as a
neighbourhood forum for each neighbourhood area,
(b)
may designate an organisation or body as a neighbourhood
forum only if the organisation or body has made an
application to be designated, and
(c)
must give reasons to an organisation or body applying to be
designated as a neighbourhood forum where the authority
refuse the application.
(8)
A designation—
(a)
may not be withdrawn by a local planning authority,
(b)
ceases to have effect at the end of the period of 5 years
beginning with the day on which it is made but without
affecting the validity of any proposal for a neighbourhood
development order made before the end of that period, and
(c)
in the case of the designation of an unincorporated
association, is not to be affected merely because of a change
in the membership of the association.