Localism Bill

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

Localism Bill

[AS AMENDED IN PUBLIC BILL COMMITTEE]

The Bill is divided into two volumes. Volume I contains the Clauses. Volume II
contains the Schedules to the Bill.
Contents
Part 1
Local Government
Chapter 1
General powers of authorities
1
Local authority’s general power of competence
2
Boundaries of the general power
3
Limits on charging in exercise of general power
4
Limits on doing things for commercial purpose in exercise of general power
5
Powers to make supplemental provision
6
Procedure for orders under section 5
7
Interpretation of Chapter
Chapter 2
Fire and rescue authorities
8
General powers of certain fire and rescue authorities
9
Fire and rescue authorities: charging
Chapter 3
Governance
10
New arrangements with respect to governance of English local authorities
11
New local authority governance arrangements: amendments
12
Changes to local authority governance in England: transitional provision etc
Chapter 4
Predetermination
13
Prior indications of view of a matter not to amount to predetermination etc

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Chapter 5
Standards
14
Amendments of existing provisions
15
Duty to promote and maintain high standards of conduct
16
Voluntary codes of conduct
17
Disclosure and registration of members’ interests
18
Offence of breaching regulations under section 17
19
Amendment of section 15 following abolition of police authorities
20
Transitional provision
Chapter 6
Pay accountability
21
Senior pay policy statements
22
Supplementary provisions relating to statements
23
Guidance
24
Determinations relating to remuneration etc
25
Exercise of functions
26
Interpretation
Chapter 7
Miscellaneous repeals
27
Repeal of duties relating to promotion of democracy
28
Repeal of provisions about petitions to local authorities
29
Schemes to encourage domestic waste reduction by payments and charges
Part 2
EU fines
30
Power to require local or public authorities to make payments in respect of
certain EU financial sanctions
31
Warning notices
32
EU financial sanction notices
33
Meaning of “local or public authority”
34
Interpretation of Part: general
Part 3
Non-domestic rates etc
Business rate supplements
35
Ballot for imposition and certain variations of a business rate supplement
Non-domestic rates
36
Non-domestic rates: discretionary relief
37
Small business relief

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38
Cancellation of liability to backdated non-domestic rates
Part 4
Community empowerment
Chapter 1
Local referendums
Duty to hold local referendum
39
Duty to hold local referendum
Triggers for local referendum
40
Petition for local referendum
41
The required percentage
42
Request for referendum
43
Duty to determine appropriateness of referendum
44
Grounds for determination
45
Action following determination in response to petition
46
Action following determination in response to request
47
Resolution for local referendum
Arrangements for local referendum
48
Question to be asked in local referendum
49
Date of referendum
50
Publicity for and in relation to local referendum
51
Voting in and conduct of local referendums
Consequences of local referendum
52
Consequences of local referendum
Supplementary
53
Application to parish councils
54
Discharge of functions
55
Interpretation
Chapter 2
Council tax
56
Referendums relating to council tax increases
57
Powers of the National Assembly for Wales
58
References to proper accounting practices
59
Council tax calculations by billing authorities in England
60
Council tax calculations by major precepting authorities in England
61
Calculation of council tax requirement by the Greater London Authority
62
Calculation of basic amount of tax by the Greater London Authority
63
Council tax calculation by local precepting authorities in England

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64
Council tax: minor and consequential amendments
65
Council tax revaluations in Wales
Chapter 3
Community right to challenge
66
Duty to consider expression of interest
67
Timing of expressions of interest
68
Consideration of expression of interest
69
Consideration of expression of interest: further provisions
70
Supplementary
Chapter 4
Assets of community value
List of assets of community value
71
List of assets of community value
72
Land of community value
73
Procedure for including land in list
74
Procedure on community nominations
75
Notice of inclusion or removal
76
Review of decision to include land in list
List of land nominated by unsuccessful community nominations
77
List of land nominated by unsuccessful community nominations
Provisions common to both lists
78
Publication and inspection of lists
Moratorium on disposing of listed land
79
Moratorium
80
Meaning of “relevant disposal” etc in section 79
81
Publicising receipt of notice under section 79 (2)
82
Compensation
Miscellaneous
83
Local land charge
84
Enforcement
85
Crown application
Interpretation of Chapter
86
Meaning of “local authority”
87
Meaning of “owner”
88
Interpretation of Chapter: general

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Part 5
Planning
Chapter 1
Plans and strategies
89
Abolition of regional strategies
90
Duty to co-operate in relation to planning of sustainable development
91
Local development schemes
92
Adoption and withdrawal of development plan documents
93
Local development: monitoring reports
Chapter 2
Community Infrastructure Levy
94
Community Infrastructure Levy: approval of charging schedules
95
Use of Community Infrastructure Levy
Chapter 3
Neighbourhood planning
96
Neighbourhood planning
97
Charges for meeting costs relating to neighbourhood planning
98
Regulations under section 97 : collection and enforcement
99
Regulations under section 97 : supplementary
100
Financial assistance in relation to neighbourhood planning
101
Consequential amendments
Chapter 4
Consultation
102
Consultation before applying for planning permission
Chapter 5
Enforcement
103
Retrospective planning permission
104
Time limits for enforcing concealed breaches of planning control
105
Planning offences: time limits and penalties
106
Powers in relation to: unauthorised advertisements; defacement of premises
Chapter 6
Nationally significant infrastructure projects
107
Abolition of Infrastructure Planning Commission
108
Transitional provision in connection with abolition
109
National policy statements

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110
Power to alter effect of requirement for development consent on other
consent regimes
111
Secretary of State’s directions in relation to projects of national significance
112
Pre-application consultation with local authorities
113
Reform of duties to publicise community consultation statement
114
Claimants of compensation for effects of development
115
Rights of entry for surveying etc in connection with applications
116
Procedural changes relating to applications for development consent
117
Development consent subject to requirement for further approval
118
Changes to notice requirements for compulsory acquisition
Chapter 7
Other planning matters
119
Powers of the National Assembly for Wales
120
Application of this Part to the Crown
Part 6
Housing
Chapter 1
Allocation and homelessness
Allocation
121
Allocation of housing accommodation
122
Allocation only to eligible and qualifying persons: England
123
Allocation schemes
Homelessness
124
Duties to homeless persons
125
Duties to homeless persons: further amendments
Chapter 2
Social housing: tenure reform
Tenancy strategies
126
Tenancy strategies
127
Preparation of tenancy strategy
128
Standards about tenancies etc
129
Relationship between schemes and strategies
Flexible tenancies
130
Flexible tenancies
131
Flexible tenancies: other amendments

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Other provisions relating to tenancies of social housing
132
Secure and assured tenancies: transfer of tenancy
133
Further provisions about transfer of tenancy under section 132
134
Succession to secure tenancies
135
Succession to assured tenancies
136
Assured shorthold tenancies following family intervention tenancies
137
Assured shorthold tenancies: notice requirements
138
Assured shorthold tenancies: rights to acquire
139
Repairing obligations in leases of seven years or more
Chapter 3
Housing finance
140
Abolition of Housing Revenue Account subsidy in England
141
Settlement payments
142
Further payments
143
Further provisions about payments
144
Limits on indebtedness
145
Power to obtain information
146
Determinations under this Chapter
147
Interpretation
Chapter 4
Housing mobility
148
Standards facilitating exchange of tenancies
149
Assisting tenants of social landlords to become home owners
Chapter 5
Regulation of Social Housing
150
Transfer of functions from the Office for Tenants and Social Landlords to the
Homes and Communities Agency
151
Regulation of social housing
Chapter 6
Other housing matters
Wales
152
Powers of the National Assembly for Wales
Housing ombudsman
153
Housing complaints
154
Transfer of functions to housing ombudsman
155
Transfer of functions to housing ombudsman: supplementary

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Revised 11 March 2011