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Notices of Amendments: 13 May 2011

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Localism Bill, continued

Secretary Eric Pickles

57

Page  7,  line  43  [Clause  8],  leave out ‘Secretary of State’ and insert ‘appropriate

national authority’.

Secretary Eric Pickles

58

Page  7,  line  46  [Clause  8],  leave out ‘Secretary of State’ and insert ‘appropriate

national authority’.

Secretary Eric Pickles

59

Page  8,  line  1  [Clause  8],  leave out ‘Secretary of State’ and insert ‘appropriate

national authority’.

Secretary Eric Pickles

60

Page  8,  line  10  [Clause  8],  leave out ‘Secretary of State’ and insert ‘appropriate

national authority proposing to make the order’.

Secretary Eric Pickles

61

Page  8,  line  11  [Clause  8],  leave out from ‘must’ to ‘consult’ in line 12.

Secretary Eric Pickles

62

Page  8,  line  16  [Clause  8],  leave out ‘the Secretary of State’ and insert ‘that

appropriate national authority’.

Secretary Eric Pickles

63

Page  8,  line  16  [Clause  8],  at end insert—

‘(6A)

Subsection (6) does not apply to an order under subsection (3) or (4) which is

made only for the purpose of amending an earlier such order—

(a)	so as to extend the earlier order, or any provision of the earlier order, to

a particular authority or to authorities of a particular description, or

(b)	so that the earlier order, or any provision of the earlier order, ceases to

apply to a particular authority or to authorities of a particular description.

(6B)	The appropriate national authority’s power under subsection (1) or (2) is

exercisable by the Welsh Ministers so far as it is power to make provision that—

(a)	would be within the legislative competence of the National Assembly for

Wales if it were contained in an Act of the Assembly, and

(b)	does not relate to a fire and rescue authority for an area in England.

(6C)	The appropriate national authority’s power under subsection (1) or (2) is

exercisable by the Secretary of State so far as it is not exercisable by the Welsh

Ministers.

(6D)	The appropriate national authority’s power under subsection (3) or (4) is

exercisable—

(a)	in relation to England by the Secretary of State, and

Notices of Amendments: 13 May 2011

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Localism Bill, continued

(b)	in relation to Wales by the Welsh Ministers.

(6E)	In exercising power under subsection (1) or (2), the Secretary of State may make

provision which has effect in relation to Wales only after having consulted the

Welsh Ministers.

(6F)	The Welsh Ministers may submit to the Secretary of State proposals that power

of the Secretary of State under subsection (1) or (2) in relation to Wales should

be exercised in accordance with the proposals.

(6G)	In subsections (1) and (2) “statutory provision” means a provision of—

(a)	an Act, or

(b)	an instrument made under an Act,

and in this subsection “Act” includes an Act, or Measure, of the National

Assembly for Wales.’.

Secretary Eric Pickles

64

Page  8,  line  18  [Clause  8],  at end insert—

‘5CA	Limits on power under section 5C(1)

(1)	Provision may not be made under section 5C(1) unless the appropriate

national authority making the provision considers that the conditions in

subsection (2), where relevant, are satisfied in relation to that provision.

(2)	Those conditions are that—

(a)	the effect of the provision is proportionate to the policy objective

intended to be secured by the provision;

(b)	the provision, taken as a whole, strikes a fair balance between the

public interest and the interests of any person adversely affected

by it;

(c)	the provision does not remove any necessary protection;

(d)	the provision does not prevent any person from continuing to

exercise any right or freedom which that person might

reasonably expect to continue to exercise;

(e)	the provision is not of constitutional significance.

(3)	An order under section 5C(1) may not make provision for the delegation

or transfer of any function of legislating.

(4)	For the purposes of subsection (3) a “function of legislating” is a function

of legislating by order, rules, regulations or other subordinate instrument.

(5)	An order under section 5C(1) may not make provision to abolish or vary

any tax.’.

Secretary Eric Pickles

65

Page  8,  line  19  [Clause  8],  leave out ‘orders under section 5C’ and insert ‘Secretary

of State’s orders under section 5C(1) and (2)’.

Secretary Eric Pickles

66

Page  8,  line  20  [Clause  8],  after ‘5C(6)’, insert ‘and (6E)’.

Notices of Amendments: 13 May 2011

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Localism Bill, continued

Secretary Eric Pickles

67

Page  8,  line  21  [Clause  8],  after ‘order’, insert ‘of the Secretary of State’.

Secretary Eric Pickles

68

Page  8,  line  23  [Clause  8],  leave out from ‘must’ to ‘undertake’ in line 24.

Secretary Eric Pickles

69

Page  8,  line  27  [Clause  8],  after ‘5C(6)’, insert ‘and (6E)’.

Secretary Eric Pickles

70

Page  8,  line  33  [Clause  8],  at end insert—

‘(ai)

the Secretary of State’s reasons for considering that the

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

relation to the proposals,’.

Secretary Eric Pickles

71

Page  8,  line  34  [Clause  8],  after ‘5C(6)’, insert ‘and (6E)’.

Secretary Eric Pickles

72

Page  9,  line  1  [Clause  8],  after ‘Provision’, insert ‘proposed to be made by the

Secretary of State’.

Secretary Eric Pickles

73

Page  9,  line  4  [Clause  8],  leave out ‘5C(5)’ and insert ‘5C(6) and (6E)’.

Secretary Eric Pickles

74

Page  9  [Clause  8],  leave out lines 6 to 14.

Secretary Eric Pickles

75

Page  9,  line  14  [Clause  8],  at end insert—

‘5E	Procedure for Welsh Ministers’ orders under section 5C(1) and (2)

(1)	If, as a result of any consultation required by section 5C(6) with respect

to a proposed order of the Welsh Ministers under section 5C(1), it

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

Notices of Amendments: 13 May 2011

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Localism Bill, continued

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.

(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—

Notices of Amendments: 13 May 2011

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Localism Bill, continued

(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.

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.

Notices of Amendments: 13 May 2011

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Localism Bill, continued

(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.

(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

Notices of Amendments: 13 May 2011

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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’.

Secretary Eric Pickles

77

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

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