Localism Bill

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

Localism Bill
Part 7 — London
Chapter 3 — Greater London Authority governance
164

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
function.”
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.
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(2)
In section 335 of that Act (public participation in preparation of the spatial
development strategy)—
(a)
subsections (1) to (1B) cease to have effect,
(b)
in subsection (2), for the words from the beginning to “finally”
substitute “Before”, and
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
specified); or
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
orders of the Authority.

Localism Bill
Part 7 — London
Chapter 3 — Greater London Authority governance
165

(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)
is amended as follows.
(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)
there were substituted—
“(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
being; and
(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)”.

Localism Bill
Part 8 — General
166

Part 8
General
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
areas, and
(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
legislation.
(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
provision.
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
commercial purpose;
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
by or under section 97.
(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
section 97,

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—
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Localism Bill
Part 8 — General
167

(a)
contains an order or regulations made by the Secretary of State under
this Act,
(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
Parliament.
(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),
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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
this Act, and
(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
Wales,

is subject to annulment in pursuance of a resolution of the National Assembly
30
for Wales.
(13)
In this section “legislation” means—
(a)
an Act, or
(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
Act.
(2)
In subsection (1) “appropriate authority”—
40
(a)
in relation to sections 13, 27, 28, 35, 36, 71 to 88, 124 and 125, and Parts
4, 5, 7, 8 and 20 of Schedule 24 and section 203 so far as relating to those
Parts, means—
(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

Localism Bill
Part 8 — General
168

(c)
in relation to any other provision made by or under this Act means the
Secretary of State.
(3)
In subsection (1) “legislation”, in relation to any provision made by or under
this Act, means—
(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.
204
Financial provisions
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.
205
Extent
(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
(b)
section 202(1), and
(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
cross-border pipelines).
25
(4)
Sections 201, 202 and 204, this section and sections 206 and 207 extend also to
Northern Ireland.
(5)
Any amendment, repeal or revocation made by this Act has the same extent as
the provision to which it relates.
206
Commencement
30
(1)
The following provisions come into force at the end of 2 months beginning
with the day on which this Act is passed—
(a)
section 13,
(b)
Chapter 6 of Part 1 so far as relating to England,
(c)
section 27,
35
(d)
section 29,
(e)
section 38,
(f)
section 57,
(g)
section 65,
(h)
sections 91 to 93,
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Localism Bill
Part 8 — General
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(i)
section 95,
(j)
section 119,
(k)
section 149,
(l)
section 152,
(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
relating to those Parts.
(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—
(a)
Chapter 6 of Part 1,
(b)
section 28,
(c)
section 35,
15
(d)
section 36,
(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,
(f)
sections 124 and 125, and
(g)
Parts 5, 7, 8 and 20 of Schedule 24, and section 203 so far as relating to
20
those Parts.
(4)
The following provisions come into force on the day on which this Act is
passed—
(a)
section 12,
(b)
paragraphs 56 and 57 of Schedule 4, and section 14 so far as relating to
25
those paragraphs,
(c)
section 17,
(d)
section 20,
(e)
Chapter 3 of Part 4 so far as it confers power on the Secretary of State to
make regulations,
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),
(h)
section 90,
(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,
(j)
sections 97 to 100,
(k)
the provisions inserted by section 102 so far as they require or authorise
the making of provision in a development order,
40
(l)
section 120,
(m)
sections 141 to 147,
(n)
sections 201, 202, 204, 205, this section and section 207, and
(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;

Localism Bill
Part 8 — General
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(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.
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Short title
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This Act may be cited as the Localism Act 2011.