Localism Bill

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 7 — Council tax: minor and consequential amendments
283

      (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
5
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
10
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.
15
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”—
20
(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”.
25
      (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).
30
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
35
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
40

Localism Bill
Schedule 7 — Council tax: minor and consequential amendments
284

(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
5
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”),
10
(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
15
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)
20
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)—
25
(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”.
30
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”.
35
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
40
amended as follows.

Localism Bill
Schedule 8 — Regional strategies: consequential amendments
285

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.
5
      (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)
10
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
15
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)
20
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
25
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”.
30
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)
35
7
The Planning and Compulsory Purchase Act 2004 is amended as follows.

Localism Bill
Schedule 8 — Regional strategies: consequential amendments
286

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.
5
      (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).
10
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.”
15
      (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)—
20
(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).
25
      (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”,
30
(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
35
(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.
40

Localism Bill
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
287

      (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
      (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
10
authorities”.
Schedule 9
Section 96

Neighbourhood planning
Part 1
Neighbourhood development orders
15
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
20
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—
25
(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
30
by qualifying bodies, and
(b)
provision for the holding of referendums on orders proposed
by those bodies.
(4)
A local planning authority to whom a proposal for the making of a
neighbourhood development order has been made—
35
(a)
must make a neighbourhood development order to which
the proposal relates if more than half of those voting in a

Localism Bill
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
288

referendum under that Schedule have voted in favour of the
order, and
(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
5
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.
10
(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
15
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—
20
(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,
25
(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
30
(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
35
(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
40
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.
45