Session 2010 - 12
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Notices of Amendments: 10 May 2011

1966

Localism Bill, continued

(a)	a grant or other financial assistance that has been, or will or could

be, provided to a relevant authority by a Minister of the Crown,

or

(b)	sums that a relevant authority has received, or will or could

receive, in payment of Community Infrastructure Levy;

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975;

“relevant authority” means—

(c)	a district council;

(d)	a county council in England;

(e)	the Mayor of London;

(f)	the council of a London borough;

(g)	a Mayoral development corporation;

(h)	an urban development corporation;

(i)	a housing action trust;

(j)	the Council of the Isles of Scilly;

(k)	the Broads Authority;

(l)	a National Park authority in England;

(m)	the Homes and Communities Agency; or

(n)	a joint committee established under section 29 of the Planning

and Compulsory Purchase Act 2004.”’.

Secretary Eric Pickles

184

Page  104,  line  3,  leave out Clause 119.

Secretary Eric Pickles

185

Page  31,  line  25  [Clause  44],  leave out subsection (5).

Secretary Eric Pickles

186

Page  36,  line  45  [Clause  55],  at end insert—

‘(3)	For the purposes of this Chapter the Inner Temple and the Middle Temple are to

be treated as falling within the ward of Farrington Without in the City of London

(and so are to be treated as falling within the area of the Common Council of the

City of London for those purposes).’.

Secretary Eric Pickles

187

Page  254,  line  10  [Schedule  5],  after ‘falls’, insert ‘wholly or partly’.

Secretary Eric Pickles

188

Page  264,  line  10  [Schedule  5],  after second ‘for’, insert ‘the part of’.

Secretary Eric Pickles

189

Page  264,  line  10  [Schedule  5],  after ‘area’, insert ‘comprising the authority’s

area’.

Notices of Amendments: 10 May 2011

1967

Localism Bill, continued

Secretary Eric Pickles

190

Page  37,  line  7,  leave out Clause 57.

Provision of advice and assistance in relation to community right to challenge

Secretary Eric Pickles

nc16

To move the following Clause:—

‘(1)	The Secretary of State may do anything that the Secretary of State considers

appropriate for the purpose of giving advice or assistance to a relevant body in

relation to—

(a)	the preparation of an expression of interest for submission to a relevant

authority and its submission to a relevant authority,

(b)	participation in a procurement exercise carried out by a relevant authority

in response to an expression of interest, or

(c)	the provision of a relevant service on behalf of a relevant authority

following such a procurement exercise.

(2)	The Secretary of State may do anything that the Secretary of State considers

appropriate for the purpose of giving advice or assistance about the operation of

this Chapter to a body or person other than a relevant body.

(3)	The things that the Secretary of State may do under this section include, in

particular—

(a)	the provision of financial assistance to a relevant body;

(b)	the making of arrangements with a body or person (whether or not a

relevant body), including arrangements for things that may be done by

the Secretary of State under this section to be done by that body or

person;

(c)	the provision of financial assistance to a body or person other than a

relevant body in connection with arrangements under paragraph (b).

(4)	In this section references to a relevant body include a body that the Secretary of

State considers was formed wholly or partly by employees or former employees

of the relevant authority for the purposes of, or for purposes including—

(a)	participating in a procurement exercise carried out by the authority, or

(b)	providing a relevant service on the authority’s behalf.

(5)	In this section—

(a)	the reference to giving advice or assistance includes providing training or

education, and

(b)	any reference to the provision of financial assistance is to the provision

of financial assistance by any means (including the making of a loan and

the giving of a guarantee or indemnity).’.

Provision of advice and assistance in relation to land of community value in England

Secretary Eric Pickles

NC17

To move the following Clause:—

‘(1)	The Secretary of State may do anything that the Secretary of State considers

appropriate for the purpose of giving advice or assistance—

(a)	to anyone in relation to doing any of the following—

Notices of Amendments: 10 May 2011

1968

Localism Bill, continued

(i)	taking steps under or for purposes of provision contained in, or

made under, this Chapter so far as applying in relation to

England, or

(ii)	preparing to, or considering or deciding whether to, take steps

within sub-paragraph (i), or

(b)	to a community interest group in relation to doing any of the following—

(i)	bidding for, or acquiring, land in England that is included in a

local authority’s list of assets of community value,

(ii)	preparing to, or considering or deciding whether or how to, bid

for or acquire land within sub-paragraph (i), or

(iii)

preparing to, or considering or deciding whether or how to, bring

land within sub-paragraph (i) into effective use.

(2)	The things that the Secretary of State may do under this section include, in

particular—

(a)	the provision of financial assistance to any body or other person;

(b)	the making of arrangements with a body or other person, including

arrangements for things that may be done by the Secretary of State under

this section to be done by that body or other person.

(3)	In this section—

(a)	the reference to giving advice or assistance includes providing training or

education,

(b)	“community interest group” means a person who is a community interest

group for the purposes of section 79(3) as a result of regulations made

under section 79(6) by the Secretary of State, and

(c)	the reference to the provision of financial assistance is to the provision of

financial assistance by any means (including the making of a loan and the

giving of a guarantee or indemnity).’.

Provision of advice and assistance in relation to land of community value in Wales

Secretary Eric Pickles

NC18

To move the following Clause:—

‘(1)	The Welsh Ministers may do anything that they consider appropriate for the

purpose of giving advice or assistance—

(a)	to anyone in relation to doing any of the following—

(i)	taking steps under or for purposes of provision contained in, or

made under, this Chapter so far as applying in relation to Wales,

or

(ii)	preparing to, or considering or deciding whether to, take steps

within sub-paragraph (i), or

(b)	to a community interest group in relation to doing any of the following—

(i)	bidding for, or acquiring, land in Wales that is included in a local

authority’s list of assets of community value,

(ii)	preparing to, or considering or deciding whether or how to, bid

for or acquire land within sub-paragraph (i), or

(iii)

preparing to, or considering or deciding whether or how to, bring

land within sub-paragraph (i) into effective use.

(2)	The things that the Welsh Ministers may do under this section include, in

particular—

(a)	the provision of financial assistance to any body or other person;

Notices of Amendments: 10 May 2011

1969

Localism Bill, continued

(b)	the making of arrangements with a body or other person, including

arrangements for things that may be done by the Welsh Ministers under

this section to be done by that body or other person.

(3)	In this section—

(a)	the reference to giving advice or assistance includes providing training or

education,

(b)	“community interest group” means a person who is a community interest

group for the purposes of section 79(3) as a result of regulations made

under section 79(6) by the Welsh Ministers, and

(c)	the reference to the provision of financial assistance is to the provision of

financial assistance by any means (including the making of a loan and the

giving of a guarantee or indemnity).’.

Secretary Eric Pickles

191

Page  121,  line  36  [Clause  134],  at end insert—

‘(1A)

A person (“P”) is qualified to succeed the tenant under a secure tenancy of a

dwelling-house in England if—

(a)	at the time of the tenant’s death the dwelling-house is not occupied by a

spouse or civil partner of the tenant as his or her only or principal home,

(b)	an express term of the tenancy makes provision for a person other than

such a spouse or civil partner of the tenant to succeed to the tenancy, and

(c)	P’s succession is in accordance with that term.’.

Secretary Eric Pickles

192

Page  121,  line  37  [Clause  134],  after ‘(1)’, insert ‘or (1A)’.

Secretary Eric Pickles

193

Page  121,  line  39  [Clause  134],  leave out ‘(whether or not the tenant’s spouse or

civil partner)’.

Secretary Eric Pickles

194

Page  122,  line  40  [Clause  135],  at end insert—

‘(1ZA)

Subject to subsection (1B), in any case where—

(a)	there is an assured periodic tenancy of a dwelling-house in England under

which—

(i)	the landlord is a private registered provider of social housing,

and

(ii)	the tenant is a sole tenant,

(b)	the tenant under the tenancy dies,

(c)	immediately before the death, the dwelling-house was not occupied by a

spouse or civil partner of the tenant as his or her only or principal home,

(d)	an express term of the tenancy makes provision for a person other than

such a spouse or civil partner of the tenant to succeed to the tenancy, and

(e)	there is a person whose succession is in accordance with that term,

then, on the death, the tenancy vests by virtue of this section in that person (and,

accordingly, does not devolve under the tenant’s will or intestacy).’.

Notices of Amendments: 10 May 2011

1970

Localism Bill, continued

Secretary Eric Pickles

195

Page  123,  line  10  [Clause  135],  at end insert—

‘(1ZA)

Subject to subsection (1B), in any case where—

(a)	there is an assured tenancy of a dwelling-house in England for a fixed

term of not less than two years under which—

(i)	the landlord is a private registered provider of social housing,

and

(ii)	the tenant is a sole tenant,

(b)	the tenant under the tenancy dies,

(c)	immediately before the death, the dwelling-house was not occupied by a

spouse or civil partner of the tenant as his or her only or principal home,

(d)	an express term of the tenancy makes provision for a person other than

such a spouse or civil partner of the tenant to succeed to the tenancy, and

(e)	there is a person whose succession is in accordance with that term,

then, on the death, the tenancy vests by virtue of this section in that person (and

accordingly does not devolve under the tenant’s will or intestacy).’.

Secretary Eric Pickles

196

Page  123,  line  11  [Clause  135],  leave out ‘or’ and insert ‘, (1ZA),’.

Secretary Eric Pickles

197

Page  123,  line  11  [Clause  135],  after ‘(1A)’, insert ‘or (1AA)’.

Secretary Eric Pickles

198

Page  123,  line  14  [Clause  135],  leave out ‘(whether or not the tenant’s spouse or

civil partner)’ and insert ‘(and, accordingly, does not devolve under the tenant’s will or

intestacy)’.

Secretary Eric Pickles

199

Page  123,  line  19  [Clause  135],  leave out from ‘housing’ to end of line 20.

Secretary Eric Pickles

200

Page  123,  line  23  [Clause  135],  at end insert—

‘(4A)

In subsection (5) after “(1)(b)” insert “or (1A)(c)”.’.

Secretary Eric Pickles

201

Page  123,  line  26  [Clause  135],  after ‘subsection’, insert ‘(1ZA), (1AA) or’.

Secretary Eric Pickles

202

Page  125,  line  11  [Clause  139],  at end insert ‘that—

(i)	is not a shared ownership lease, and

(ii)

is’.

Notices of Amendments: 10 May 2011

1971

Localism Bill, continued

Secretary Eric Pickles

203

Page  125,  line  12  [Clause  139],  at end insert—

‘(1B)

In subsection (1A)—

“assured tenancy” has the same meaning as in Part 1 of the Housing Act

1988;

“secure tenancy” has the meaning given by section 79 of the Housing Act

1985; and

“shared ownership lease” means a lease—

(o)	granted on payment of a premium calculated by reference to a

percentage of the value of the dwelling-house or of the cost of

providing it, or

(p)	under which the lessee (or the lessee’s personal representatives)

will or may be entitled to a sum calculated by reference, directly

or indirectly, to the value of the dwelling-house.”’.

Capital receipts from disposal of housing land

Secretary Eric Pickles

NC19

To move the following Clause:—

In section 11 of the Local Government Act 2003 (use of capital receipts by a local

authority) after subsection (5) insert—

“(6)	The Secretary of State and a local authority in England may enter into an

agreement with the effect that a requirement imposed under subsection

(2)(b) does not apply to, or is modified in its application to, capital

receipts of the authority that are specified or described in the

agreement.”’.

Secretary Eric Pickles

204

Page  130,  line  4,  leave out Clause 152.

Secretary Eric Pickles

205

Page  143,  line  31  [Clause  161],  at end insert—

‘(ba)

a company that is a subsidiary of the Greater London Authority,’.

Secretary Eric Pickles

206

Page  143,  line  38  [Clause  161],  at end insert—

‘“company” means—

(h)	a company within the meaning given by section 1(1) of the

Companies Act 2006, or

(i)	a society registered or deemed to be registered under the Co-

operative and Community Benefit Societies and Credit Unions

Act 1965 or the Industrial and Provident Societies Act (Northern

Ireland) 1969;’.

Notices of Amendments: 10 May 2011

1972

Localism Bill, continued

Secretary Eric Pickles

207

Page  143,  line  42  [Clause  161],  at end insert—

‘“subsidiary” has the meaning given by section 1159 of the Companies Act

2006.’.

Secretary Eric Pickles

208

Page  144,  line  8  [Clause  162],  at end insert—

‘(ba)

a company that is a subsidiary of the Greater London Authority,’.

Secretary Eric Pickles

209

Page  144,  line  17  [Clause  162],  at end insert—

‘“company” means—

(j)	a company within the meaning given by section 1(1) of the

Companies Act 2006, or

(k)	a society registered or deemed to be registered under the Co-

operative and Community Benefit Societies and Credit Unions

Act 1965 or the Industrial and Provident Societies Act (Northern

Ireland) 1969;’.

Secretary Eric Pickles

210

Page  144,  line  21  [Clause  162],  at end insert—

‘“subsidiary” has the meaning given by section 1159 of the Companies Act

2006.’.

Secretary Eric Pickles

211

Page  148,  line  1  [Clause  168],  leave out from ‘has’ to end of line.

Secretary Eric Pickles

212

Page  148,  line  7  [Clause  168],  at end insert ‘,

(e)	the Mayor has laid before the London Assembly, in accordance with

standing orders of the Greater London Authority, a document stating that

the Mayor is proposing to designate the area, and

(f)	the consideration period for the document has expired without the

London Assembly having rejected the proposal.’.

Secretary Eric Pickles

213

Page  148,  line  22  [Clause  168],  at end insert—

‘(4A)

For the purposes of subsection (3)(f)—

(a)	the “consideration period” for a document is the 21 days beginning with

the day the document is laid before the London Assembly in accordance

with standing orders of the Greater London Authority, and

(b)	the London Assembly rejects a proposal if it resolves to do so on a

motion—

(i)	considered at a meeting of the Assembly throughout which

members of the public are entitled to be present, and

© Parliamentary copyright	Revised 11 May 2011