|
| |
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197 | Mayoral strategies: general duties |
| |
(1) | Section 41 of the Greater London Authority Act 1999 (general duties of the |
| |
Mayor in relation to his strategies) is amended as follows. |
| |
(2) | In subsection (5)(a), for “and with such international obligations” substitute “, |
| |
with the EU obligations of the United Kingdom and with such other |
| 5 |
international obligations of the United Kingdom”. |
| |
(3) | After subsection (9) insert— |
| |
“(9A) | In exercising any function the Mayor must have regard to any strategy |
| |
mentioned in subsection (1) which is relevant to the exercise of that |
| |
| 10 |
(4) | Subsection (10) ceases to have effect. |
| |
198 | Simplification of the consultation process for the Mayor’s strategies |
| |
(1) | Section 42A of the Greater London Authority Act 1999 (which requires the |
| |
Mayor to follow a two stage process in preparing or revising a strategy to |
| |
which section 42 applies) ceases to have effect. |
| 15 |
(2) | In section 335 of that Act (public participation in preparation of the spatial |
| |
| |
(a) | subsections (1) to (1B) cease to have effect, |
| |
(b) | in subsection (2), for the words from the beginning to “finally” |
| |
| 20 |
(c) | in subsection (3), after paragraph (a) insert— |
| |
“(aa) | the Assembly and the functional bodies;”. |
| |
199 | London Assembly’s power to reject draft strategies |
| |
Before section 43 of the Greater London Authority Act 1999 (publicity and |
| |
availability of strategies) insert— |
| 25 |
“42B | Assembly’s power to reject draft strategies |
| |
(1) | This section applies where the Mayor has prepared, and is ready to |
| |
publish, a draft of any of the strategies to which section 41 applies |
| |
(including a revised version of the strategy). |
| |
(2) | But this section does not apply to a revised version of a strategy |
| 30 |
containing only revisions which— |
| |
(a) | are specified in a direction as to the contents of the strategy |
| |
which is given to the Mayor under this Act (or which the Mayor |
| |
considers are necessary in consequence of any revisions so |
| |
| 35 |
(b) | are not so specified but the Mayor considers to be necessary to |
| |
comply with such a direction. |
| |
(3) | Before publishing the strategy (or, in the case of the housing strategy, |
| |
before submitting the draft to the Secretary of State) the Mayor must lay |
| |
a copy of the draft before the Assembly in accordance with the standing |
| 40 |
| |
|
| |
|
| |
|
(4) | The Mayor must not publish the strategy (or, in the case of the housing |
| |
strategy, submit the draft to the Secretary of State) if, within the period |
| |
of 21 days beginning with the day on which the copy is laid before the |
| |
Assembly, the Assembly resolves to reject the draft. |
| |
(5) | A motion for the Assembly to reject a draft strategy— |
| 5 |
(a) | must be considered at a meeting of the Assembly throughout |
| |
which members of the public are entitled to be present; and |
| |
(b) | is not carried unless it is agreed to by at least two thirds of the |
| |
Assembly members voting.” |
| |
200 | Transport for London: access to meetings and documents etc |
| 10 |
(1) | Part 5A of the Local Government Act 1972 (access to meetings and documents) |
| |
| |
(2) | Amend section 100J (application of Part 5A to bodies other than principal |
| |
councils) in accordance with subsections (3) to (6). |
| |
(3) | In subsection (1) (list of authorities treated as principal councils for the |
| 15 |
purposes of the Part) after paragraph (bd) insert— |
| |
“(be) | Transport for London;”. |
| |
(4) | In subsection (3) (reference in section 100A(6)(a) to council’s offices includes |
| |
other premises at which meeting to be held) after “(bd),” insert “(be),”. |
| |
(5) | After subsection (3) insert— |
| 20 |
“(3YA) | In its application by virtue of subsection (1)(be) above in relation to |
| |
Transport for London, section 100E(3) has effect as if for paragraph (bb) |
| |
| |
“(bb) | a committee of Transport for London (with |
| |
“committee”, in relation to Transport for London, here |
| 25 |
having the same meaning as in Schedule 10 to the |
| |
Greater London Authority Act 1999); or”. |
| |
(6) | After subsection (4A) insert— |
| |
“(4AA) | In its application by virtue of subsection (1)(be) above in relation to |
| |
Transport for London, section 100G shall have effect— |
| 30 |
(a) | with the substitution for subsection (1)(a) and (b) of— |
| |
“(a) | the name of every member of the council for the time |
| |
| |
(b) | the name of every member of each committee or sub- |
| |
committee of the council for the time being.”, and |
| 35 |
(b) | with the insertion in subsection (2)(b) after “exercisable” of |
| |
“, but not an officer by whom such a power is exercisable at least |
| |
partly as a result of sub-delegation by any officer”.” |
| |
(7) | In section 100K(1) (interpretation of Part 5A) in the definition of “committee or |
| |
sub-committee of a principal council” for “section 100J(3ZA)(b)” substitute |
| 40 |
“section 100J(3YA), (3ZA)(b)”. |
| |
|
| |
|
| |
|
| |
| |
201 | Orders and regulations |
| |
(1) | Any power of the Secretary of State or Welsh Ministers to make an order or |
| |
regulations under this Act is exercisable by statutory instrument. |
| 5 |
(2) | Any power of the Secretary of State or Welsh Ministers to make an order or |
| |
regulations under this Act includes— |
| |
(a) | power to make different provision for different cases, circumstances or |
| |
| |
(b) | power to make incidental, supplementary, consequential, transitional |
| 10 |
or transitory provision or savings. |
| |
(3) | The power under subsection (2)(a) includes, in particular, power to make |
| |
different provision for different authorities or descriptions of authority |
| |
(including descriptions framed by reference to authorities in particular areas). |
| |
(4) | Provision or savings made under subsection (2)(b) may take the form of |
| 15 |
amendments, or revocations, of provisions of an instrument made under |
| |
| |
(5) | The generality of the power under subsection (2)(a) is not to be taken to be |
| |
prejudiced by any specific provision of this Act authorising differential |
| |
| 20 |
(6) | The Secretary of State may not make an order or regulations to which |
| |
subsection (7) applies unless a draft of the statutory instrument containing the |
| |
order or regulations (whether alone or with other provisions) has been laid |
| |
before, and approved by a resolution of, each House of Parliament. |
| |
(7) | This subsection applies to— |
| 25 |
(a) | an order under section 5(3), other than one that is made only for the |
| |
purpose mentioned in section 6(5); |
| |
(b) | an order under section 5(4), other than one that is made only for that |
| |
purpose or for imposing conditions on the doing of things for a |
| |
| 30 |
(c) | regulations under section 53 or 66(9); |
| |
(d) | an order under section 71(4) or 80(7); |
| |
(e) | regulations under section 84; |
| |
(f) | an order under section 86(2) or 87(6); |
| |
(g) | an order or regulations under section 202 which amend or repeal a |
| 35 |
provision of an Act otherwise than in consequence of provision made |
| |
| |
(8) | The Secretary of State may not make— |
| |
(a) | regulations under section 97, or |
| |
(b) | an order or regulations under section 202 which amend or repeal a |
| 40 |
provision of an Act in consequence of provision made by or under |
| |
| |
| unless a draft of the statutory instrument containing the regulations or order |
| |
has been laid before, and approved by a resolution of, the House of Commons. |
| |
(9) | A statutory instrument that— |
| 45 |
|
| |
|
| |
|
(a) | contains an order or regulations made by the Secretary of State under |
| |
| |
(b) | is not subject to any requirement that a draft of the instrument be laid |
| |
before, and approved by a resolution of, each House of Parliament, and |
| |
(c) | is not subject to any requirement that a draft of the instrument be laid |
| 5 |
before, and approved by a resolution of, the House of Commons, |
| |
| is subject to annulment in pursuance of a resolution of either House of |
| |
| |
(10) | Subsection (9) does not apply to— |
| |
(a) | an order under section 5(1) (but see section 6), |
| 10 |
(b) | an order under section 5(2) which (in reliance on section 6(4)) is made |
| |
in accordance with sections 15 to 19 of the Legislative and Regulatory |
| |
Reform Act 2006 as applied by section 6(3), or |
| |
(c) | an order under section 206. |
| |
(11) | The Welsh Ministers may not make— |
| 15 |
(a) | an order or regulations under section 202 which amend or repeal a |
| |
provision of legislation, |
| |
(b) | an order under section 71(4) or 80(7), |
| |
(c) | regulations under section 84, or |
| |
(d) | an order under section 86(4) or 87(6), |
| 20 |
| unless a draft of the statutory instrument containing the order or regulations |
| |
(whether alone or with other provisions) has been laid before, and approved |
| |
by a resolution of, the National Assembly for Wales. |
| |
(12) | A statutory instrument that— |
| |
(a) | contains an order or regulations made by the Welsh Ministers under |
| 25 |
| |
(b) | is not subject to any requirement that a draft of the instrument be laid |
| |
before, and approved by a resolution of, the National Assembly for |
| |
| |
| is subject to annulment in pursuance of a resolution of the National Assembly |
| 30 |
| |
(13) | In this section “legislation” means— |
| |
| |
(b) | a Measure or Act of the National Assembly for Wales. |
| |
202 | Power to make further consequential amendments |
| 35 |
(1) | The appropriate authority may by order or regulations make such provision |
| |
amending, repealing or revoking legislation as the appropriate authority |
| |
considers appropriate in consequence of any provision made by or under this |
| |
| |
(2) | In subsection (1) “appropriate authority”— |
| 40 |
| |
4, 5, 7, 8 and 20 of Schedule 24 and section 203 so far as relating to those |
| |
| |
(i) | the Secretary of State in relation to England, and |
| |
(ii) | the Welsh Ministers in relation to Wales, |
| 45 |
(b) | in relation to section 65 means the Welsh Ministers, and |
| |
|
| |
|
| |
|
(c) | in relation to any other provision made by or under this Act means the |
| |
| |
(3) | In subsection (1) “legislation”, in relation to any provision made by or under |
| |
| |
(a) | this Act or any Act passed before, or in the same Session as, this Act, or |
| 5 |
(b) | any instrument made under this or any other Act before the coming |
| |
into force of the provision. |
| |
(4) | In subsection (3) “Act” (except in the phrase “this Act”) includes an Act or |
| |
Measure of the National Assembly for Wales. |
| |
203 | Repeals and revocations |
| 10 |
Schedule 24 (repeals and revocations) has effect. |
| |
| |
There is to be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred by the Secretary of State under this Act, and |
| |
(b) | any increase attributable to this Act in the sums payable under any |
| 15 |
other Act out of money so provided. |
| |
| |
(1) | This Act extends to England and Wales only, subject as follows. |
| |
(2) | The following provisions extend also to Scotland— |
| |
(a) | section 107(1) and (3) to (6), |
| 20 |
| |
(c) | sections 201, 202(2) to (4) and 204, this section and sections 206 and 207. |
| |
(3) | Section 108 extends also to Scotland, but only so far as required for the purpose |
| |
mentioned in section 240(4) of the Planning Act 2008 (construction of certain |
| |
| 25 |
(4) | Sections 201, 202 and 204, this section and sections 206 and 207 extend also to |
| |
| |
(5) | Any amendment, repeal or revocation made by this Act has the same extent as |
| |
the provision to which it relates. |
| |
| 30 |
(1) | The following provisions come into force at the end of 2 months beginning |
| |
with the day on which this Act is passed— |
| |
| |
(b) | Chapter 6 of Part 1 so far as relating to England, |
| |
| 35 |
| |
| |
| |
| |
| 40 |
|
| |
|
| |
|
| |
| |
| |
| |
(m) | section 156 and Schedule 18, |
| 5 |
(n) | Chapter 2 of Part 7, and |
| |
(o) | Parts 4, 6, 12, 15, 27 and 30 of Schedule 24, and section 203 so far as |
| |
| |
(2) | Subject to subsections (1) and (3) to (5), provisions of this Act come into force |
| |
on such day as the Secretary of State may by order appoint. |
| 10 |
(3) | The following provisions so far as relating to Wales come into force on such |
| |
day as the Welsh Ministers may by order appoint— |
| |
| |
| |
| 15 |
| |
(e) | Chapter 4 of Part 4 except so far as it confers power on the Secretary of |
| |
State, or the Welsh Ministers, to make regulations or orders, |
| |
| |
(g) | Parts 5, 7, 8 and 20 of Schedule 24, and section 203 so far as relating to |
| 20 |
| |
(4) | The following provisions come into force on the day on which this Act is |
| |
| |
| |
(b) | paragraphs 56 and 57 of Schedule 4, and section 14 so far as relating to |
| 25 |
| |
| |
| |
(e) | Chapter 3 of Part 4 so far as it confers power on the Secretary of State to |
| |
| 30 |
(f) | Chapter 4 of Part 4 so far as it confers power on the Secretary of State, |
| |
or the Welsh Ministers, to make regulations or orders, |
| |
(g) | section 89(1)(b) and (2), |
| |
| |
(i) | sections 96 and 101 and Schedules 9 to 12 so far as those sections or |
| 35 |
Schedules confer power on the Secretary of State to make regulations or |
| |
publish documents setting standards, |
| |
| |
(k) | the provisions inserted by section 102 so far as they require or authorise |
| |
the making of provision in a development order, |
| 40 |
| |
| |
| |
(o) | Part 13 of Schedule 24, and section 203 so far as relating to that Part. |
| |
(5) | Section 94 comes into force on the day after the day on which this Act is passed. |
| 45 |
(6) | An order under subsection (2) or (3) may— |
| |
(a) | appoint different days for different purposes; |
| |
|
| |
|
| |
|
(b) | make such transitory or transitional provision, or savings, as the person |
| |
making the order considers appropriate. |
| |
(7) | The appropriate authority may by order make such transitory or transitional |
| |
provision, or savings, as the appropriate authority considers appropriate in |
| |
connection with the coming into force of any provision of this Act mentioned |
| 5 |
in subsection (1), (4) or (5). |
| |
(8) | In subsection (7) “appropriate authority”— |
| |
(a) | in relation to sections 13 and 27, and Part 4 of Schedule 24 and section |
| |
203 so far as relating to that Part, means— |
| |
(i) | the Secretary of State in relation to England, and |
| 10 |
(ii) | the Welsh Ministers in relation to Wales, |
| |
(b) | in relation to section 65 means the Welsh Ministers, and |
| |
(c) | in relation to any other provision mentioned in subsection (1), (4) or (5) |
| |
means the Secretary of State. |
| |
| 15 |
This Act may be cited as the Localism Act 2011. |
| |
| |
|
| |
|