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Notices of Amendments: 10 May 2011

1945

Localism Bill, continued

appears to the Welsh Ministers that it is appropriate to change the whole

or any part of their proposals, they must undertake such further

consultation with respect to the changes as they consider appropriate.

(2)	If, after the conclusion of the consultation required by section 5C(6) and

subsection (1), the Welsh Ministers consider it appropriate to proceed

with the making of an order under section 5C(1), they must lay before the

National Assembly for Wales—

(a)	a draft of the order, and

(b)	an explanatory document explaining the proposals and giving

details of—

(i)	the Welsh Ministers’ reasons for considering that the

conditions in section 5CA(2), where relevant, are

satisfied in relation to the proposals,

(ii)	any consultation undertaken under section 5C(6) and

subsection (1),

(iii)

any representations received as a result of the

consultation, and

(iv)	the changes (if any) made as a result of those

representations.

(3)	Provision proposed to be made by the Welsh Ministers under section

5C(2) may be included in a draft order laid under subsection (2) and, if it

is, the explanatory document laid with the draft order must also explain

the proposals under section 5C(2) and give details of any consultation

undertaken under section 5C(6) with respect to those proposals.

5F	Determining Assembly procedures for drafts laid under section 5E(2)

(1)	The explanatory document laid with a draft order under section 5E(2)

must contain a recommendation by the Welsh Ministers as to which of

the following should apply in relation to the making of an order pursuant

to the draft order—

(a)	the negative resolution procedure (see section 5G),

(b)	the affirmative resolution procedure (see section 5H), or

(c)	the super-affirmative resolution procedure (see section 5J).

(2)	The explanatory document must give reasons for the Welsh Ministers’

recommendation.

(3)	Where the Welsh Ministers’ recommendation is that the negative

resolution procedure should apply, that procedure applies unless, within

the 30-day period—

(a)	the National Assembly for Wales requires the application of the

super-affirmative resolution procedure, in which case that

procedure applies, or

(b)	in a case not within paragraph (a), the Assembly requires the

application of the affirmative resolution procedure, in which

case that procedure applies.

(4)	Where the Welsh Ministers’ recommendation is that the affirmative

resolution procedure should apply, that procedure applies unless, within

the 30-day period, the National Assembly for Wales requires the

application of the super-affirmative resolution procedure, in which case

the super-affirmative resolution procedure applies.

Notices of Amendments: 10 May 2011

1946

Localism Bill, continued

(5)	Where the Welsh Ministers’ recommendation is that the super-

affirmative resolution procedure should apply, that procedure applies.

(6)	For the purposes of this section, the National Assembly for Wales is to

be taken to have required the application of a procedure within the 30-day

period if—

(a)	the Assembly resolves within that period that that procedure is to

apply, or

(b)	in a case not within paragraph (a), a committee of the Assembly

charged with reporting on the draft order has recommended

within that period that that procedure should apply and the

Assembly has not by resolution rejected that recommendation

within that period.

(7)	In this section “the 30-day period” means the 30 days beginning with the

day on which the draft order was laid before the National Assembly for

Wales under section 5E(2).

5G	Negative resolution procedure for draft laid under section 5E(2)

(1)	For the purposes of this Part, “the negative resolution procedure” in

relation to the making of an order pursuant to a draft order laid under

section 5E(2) is as follows.

(2)	The Welsh Ministers may make an order in the terms of the draft order

subject to the following provisions of this section.

(3)	The Welsh Ministers may not make an order in the terms of the draft

order if the National Assembly for Wales so resolves within the 40-day

period.

(4)	A committee of the National Assembly for Wales charged with reporting

on the draft order may, at any time after the expiry of the 30-day period

and before the expiry of the 40-day period, recommend under this

subsection that the Welsh Ministers not make an order in the terms of the

draft order.

(5)	Where a committee of the National Assembly for Wales makes a

recommendation under subsection (4) in relation to a draft order, the

Welsh Ministers may not make an order in the terms of the draft order

unless the recommendation is, in the same Assembly, rejected by

resolution of the Assembly.

(6)	For the purposes of this section an order is made in the terms of a draft

order if it contains no material changes to the provisions of the draft

order.

(7)	In this section—

“the 30-day period” has the meaning given by section 5F(7), and

“the 40-day period” means the 40 days beginning with the day on which the

draft order was laid before the National Assembly for Wales under

section 5E(2).

(8)	For the purpose of calculating the 40-day period in a case where a

recommendation is made under subsection (4) by a committee of the

National Assembly for Wales but the recommendation is rejected by the

Assembly under subsection (5), no account is to be taken of any day

between the day on which the recommendation was made and the day on

which the recommendation was rejected.

Notices of Amendments: 10 May 2011

1947

Localism Bill, continued

5H	Affirmative resolution procedure for draft laid under section 5E(2)

(1)	For the purposes of this Part, “the affirmative resolution procedure” in

relation to the making of an order pursuant to a draft order laid under

section 5E(2) is as follows.

(2)	If after the expiry of the 40-day period the draft order is approved by a

resolution of the National Assembly for Wales, the Welsh Ministers may

make an order in the terms of the draft.

(3)	However, a committee of the National Assembly for Wales charged with

reporting on the draft order may, at any time after the expiry of the 30-

day period and before the expiry of the 40-day period, recommend under

this subsection that no further proceedings be taken in relation to the draft

order.

(4)	Where a committee of the National Assembly for Wales makes a

recommendation under subsection (3) in relation to a draft order, no

proceedings may be taken in relation to the draft order in the Assembly

under subsection (2) unless the recommendation is, in the same

Assembly, rejected by resolution of the Assembly.

(5)	For the purposes of subsection (2) an order is made in the terms of a draft

order if the order contains no material changes to the provisions of the

draft order.

(6)	In this section—

“the 30-day period” has the meaning given by section 5F(7), and

“the 40-day period” has the meaning given by section 5G(7).

(7)	For the purpose of calculating the 40-day period in a case where a

recommendation is made under subsection (3) by a committee of the

National Assembly for Wales but the recommendation is rejected by the

Assembly under subsection (4), no account is to be taken of any day

between the day on which the recommendation was made and the day on

which the recommendation was rejected.

5J	Super-affirmative resolution procedure for draft laid under section

5E(2)

(1)	For the purposes of this Part, “the super-affirmative resolution

procedure” in relation to the making of an order pursuant to a draft order

laid under section 5E(2) is as follows.

(2)	The Welsh Ministers must have regard to—

(a)	any representations,

(b)	any resolution of the National Assembly for Wales, and

(c)	any recommendation of a committee of the Assembly charged

with reporting on the draft order,

made during the 60-day period in relation to the draft order.

(3)	If, after the expiry of the 60-day period, the Welsh Ministers want to

make an order in the terms of the draft order, they must lay before the

National Assembly for Wales a statement—

(a)	stating whether any representations were made under subsection

(2)(a), and

(b)	if any representations were so made, giving details of them.

Notices of Amendments: 10 May 2011

1948

Localism Bill, continued

(4)	The Welsh Ministers may after the laying of such a statement make an

order in the terms of the draft order if it is approved by a resolution of the

National Assembly for Wales.

(5)	However, a committee of the National Assembly for Wales charged with

reporting on the draft order may, at any time after the laying of a

statement under subsection (3) and before the draft order is approved by

the Assembly under subsection (4), recommend under this subsection

that no further proceedings be taken in relation to the draft order.

(6)	Where a committee of the National Assembly for Wales makes a

recommendation under subsection (5) in relation to a draft order, no

proceedings may be taken in relation to the draft order in the Assembly

under subsection (4) unless the recommendation is, in the same

Assembly, rejected by resolution of the Assembly.

(7)	If, after the expiry of the 60-day period, the Welsh Ministers wish to

make an order consisting of a version of the draft order with material

changes, they must lay before the National Assembly for Wales—

(a)	a revised draft order, and

(b)	a statement giving details of—

(i)	any representations made under subsection (2)(a), and

(ii)	the revisions proposed.

(8)	The Welsh Ministers may after laying a revised draft order and statement

under subsection (7) make an order in the terms of the revised draft order

if it is approved by a resolution of the National Assembly for Wales.

(9)	However, a committee of the National Assembly for Wales charged with

reporting on the revised draft order may, at any time after the revised

draft order is laid under subsection (7) and before it is approved by the

Assembly under subsection (8), recommend under this subsection that no

further proceedings be taken in relation to the revised draft order.

(10)	Where a committee of the National Assembly for Wales makes a

recommendation under subsection (9) in relation to a revised draft order,

no proceedings may be taken in relation to the revised draft order in the

Assembly under subsection (8) unless the recommendation is, in the

same Assembly, rejected by resolution of the Assembly.

(11)	For the purposes of subsections (4) and (8) an order is made in the terms

of a draft order if it contains no material changes to the provisions of the

draft order.

(12)	In this section “the 60-day period” means the 60 days beginning with the

day on which the draft order was laid before the National Assembly for

Wales under section 5E(2).

5K	Calculation of time periods

In calculating any period of days for the purposes of sections 5F to 5J, no

account is to be taken of any time during which the National Assembly

for Wales is dissolved or during which the Assembly is in recess for more

than four days.”’.

Secretary Eric Pickles

76

Page  9,  line  15  [Clause  8],  leave out ‘In’ and insert ‘Omit’.

Notices of Amendments: 10 May 2011

1949

Localism Bill, continued

Secretary Eric Pickles

77

Page  9,  line  17  [Clause  8],  leave out from ‘1972)’ to end of line 19.

Secretary Eric Pickles

78

Page  9,  line  19  [Clause  8],  at end insert—

‘(2A)

In section 60(1) of the Fire and Rescue Services Act 2004 (meaning of

“subordinate legislation”) for “by the Secretary of State under this Act” substitute

“under this Act by the Secretary of State or the Welsh Ministers”.’.

Secretary Eric Pickles

79

Page  9,  line  23  [Clause  8],  after ‘order’, insert ‘made by the Secretary of State’.

Secretary Eric Pickles

80

Page  9,  line  24  [Clause  8],  leave out ‘5D(5)’ and insert ‘5C(6A)’.

Secretary Eric Pickles

81

Page  9,  line  25  [Clause  8],  after ‘order’, insert ‘made by the Secretary of State’.

Secretary Eric Pickles

82

Page  9,  line  27  [Clause  8],  after ‘purpose,’, insert—

‘(ba)

an order made by the Secretary of State under section 5C(2) that—

(i)	amends any Act or provision of an Act, and

(ii)	is not made in accordance with sections 15 to 19 of the

Legislative and Regulatory Reform Act 2006 as applied by

section 5D(3),’.

Secretary Eric Pickles

83

Page  9,  line  28  [Clause  8],  leave out ‘which’ and insert ‘made by the Secretary of

State, other than an order under section 5C, that’.

Secretary Eric Pickles

84

Page  9,  line  32  [Clause  8],  leave out ‘“apart’ and insert ‘“legislation, apart’.

Secretary Eric Pickles

85

Page  9,  line  33  [Clause  8],  leave out ‘“apart’ and insert ‘“legislation made by the

Secretary of State, apart’.

Secretary Eric Pickles

86

Page  9,  line  39  [Clause  8],  at end insert—

‘(4A)

In section 60 of the Fire and Rescue Services Act 2004 (orders and regulations)

after subsection (5) insert—

“(6)	A statutory instrument containing (alone or with other provisions)—

Notices of Amendments: 10 May 2011

1950

Localism Bill, continued

(a)	an order made by the Welsh Ministers under section 5C(3), other

than one that it is made only for the purpose mentioned in section

5C(6A),

(b)	an order made by the Welsh Ministers under section 5C(4), other

than one that is made only for that purpose or for imposing

conditions on the doing of things for a commercial purpose,

(c)	an order made by the Welsh Ministers under section 5C(2) that—

(i)	amends any Act or provision of an Act or amends any

Act, or Measure, of the National Assembly for Wales or

provision of such an Act or Measure, and

(ii)	is not made in accordance with sections 5F to 5K, or

(d)	subordinate legislation made by the Welsh Ministers, other than

an order under section 5C, that amends any Act or provision of

an Act,

may not be made unless a draft of the instrument has been laid before, and

approved by a resolution of, the National Assembly for Wales.

(7)	A statutory instrument containing any other subordinate legislation made

by the Welsh Ministers, apart from—

(a)	an order under section 5C(1),

(b)	an order under section 5C(2) that is made in accordance with

sections 5F to 5K, or

(c)	an order under section 30 or 61,

is subject to annulment in pursuance of a resolution of the National

Assembly for Wales.”

(4B)	In section 62 of the Fire and Rescue Services Act 2004 (application of Act in

Wales)—

(a)	in subsection (1)(b) (references to Secretary of State in sections 60 and

61) for “sections 60 and” substitute “section”,

(b)	after subsection (1) insert—

“(1A)

The reference in subsection (1)(a) to Parts 1 to 6 does not

include—

(a)	sections 5A and 5B,

(b)	sections 5C and 5CA,

(c)	section 5D, and

(d)	sections 5E to 5K.”, and

(c)	omit subsection (3) (disapplication of section 60(4) and (5)).’.

Secretary Eric Pickles

87

Page  10,  line  4  [Clause  9],  leave out ‘in England’.

Secretary Eric Pickles

88

Page  10,  line  5  [Clause  9],  leave out ‘in England’.

Secretary Eric Pickles

89

Page  10,  line  28  [Clause  9],  after ‘(1)’, insert ‘and section 18B(1)’.

Notices of Amendments: 10 May 2011

1951

Localism Bill, continued

Secretary Eric Pickles

90

Page  11,  line  16  [Clause  9],  leave out ‘in England’.

Secretary Eric Pickles

91

Page  11,  line  22  [Clause  9],  after ‘State’, insert ‘in relation to fire and rescue

authorities in England, and the Welsh Ministers in relation to fire and rescue authorities

in Wales,’.

Secretary Eric Pickles

92

Page  11,  line  39  [Clause  9],  leave out from beginning to end of line 2 on page 12.

Secretary Eric Pickles

93

Page  12,  line  5  [Clause  9],  leave out ‘this section’ and insert ‘subsection (3)’.

Secretary Eric Pickles

94

Page  12,  line  15  [Clause  9],  leave out ‘In’ and insert ‘Omit’.

Secretary Eric Pickles

95

Page  12,  line  15  [Clause  9],  leave out from ‘charging)’ to end of line 18.

Secretary Eric Pickles

96

Page  12,  line  18  [Clause  9],  at end insert—

‘(3A)

In section 62 (application of Act in Wales) before subsection (2) insert—

“(1B)

The reference in subsection (1)(a) to Parts 1 to 6 does not include sections

18A to 18C.”’.

Secretary Eric Pickles

97

Page  12,  line  19  [Clause  9],  after ‘(3)’, insert ‘in relation to England or Wales’.

Secretary Eric Pickles

98

Page  12,  line  21  [Clause  9],  after ‘in England’, insert ‘or (as the case may be)

Wales’.

Secretary Eric Pickles

99

Page  223,  line  4  [Schedule  3],  leave out ‘and “mayor and council manager

executive”’.

Secretary Eric Pickles

100

Page  223,  line  5  [Schedule  3],  leave out ‘and “mayor and council manager

executive”’.

© Parliamentary copyright	Revised 11 May 2011