Session 2010 - 12
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Other Bills before Parliament

Notices of Amendments: 13 May 2011

2074

Localism Bill, continued

Zac Goldsmith

Caroline Nokes

Mr Douglas Carswell

Jason McCartney

John Stevenson

Mark Reckless

Total signatories: 9

22

Page  33,  line  18  [Clause  48],  leave out ‘its’ and insert ‘his or her’.

Zac Goldsmith

Caroline Nokes

Mr Douglas Carswell

Jason McCartney

John Stevenson

Mark Reckless

Total signatories: 9

23

Page  33,  line  19  [Clause  48],  leave out paragraph (b) and insert—

‘(b)	if he or she considers that the question so stated is misleading, his or her

reasons for doing so, and

(c)	the outcome of any discussions held under subsections (3) and (4).’.

Zac Goldsmith

Caroline Nokes

Mr Douglas Carswell

Jason McCartney

John Stevenson

Mark Reckless

Total signatories: 9

24

Page  33,  line  19  [Clause  48],  at end insert—

‘(6)	In this Chapter “electoral registration officer” is as defined in the Representation

of the People Act 1983.’.

Zac Goldsmith

Caroline Nokes

Mr Douglas Carswell

Jason McCartney

John Stevenson

Mark Reckless

Total signatories: 9

25

Page  33,  line  22  [Clause  49],  leave out ‘authority’ and insert ‘authority’s electoral

registration officer’.

Zac Goldsmith

Caroline Nokes

Mr Douglas Carswell

Jason McCartney

John Stevenson

Mark Reckless

Total signatories: 9

Notices of Amendments: 13 May 2011

2075

Localism Bill, continued

26

Page  33,  line  32  [Clause  49],  leave out ‘12’ and insert ‘6’.

Zac Goldsmith

Caroline Nokes

Mr Douglas Carswell

Jason McCartney

John Stevenson

Mark Reckless

Total signatories: 9

27

Page  35,  line  7  [Clause  52],  leave out subsection (3) and insert—

‘(3)	The outcome of a local referendum shall be binding on the principal local

authority, subject to exceptions set out in regulations made by the Secretary of

State by statutory instrument.’.

Zac Goldsmith

Caroline Nokes

Mr Douglas Carswell

Jason McCartney

John Stevenson

Mark Reckless

Total signatories: 9

28

Page  35,  line  10  [Clause  52],  leave out subsection (4) and insert—

‘(4)	Regulations under this section must be laid before Parliament before the end of

six months beginning with the day on which this Act is passed.’.

Zac Goldsmith

Caroline Nokes

Mr Douglas Carswell

Jason McCartney

John Stevenson

Mark Reckless

Total signatories: 9

29

Page  35,  line  13  [Clause  52],  leave out ‘to (8)’ and insert ‘and (7)’.

Zac Goldsmith

Caroline Nokes

Mr Douglas Carswell

Jason McCartney

John Stevenson

Mark Reckless

Total signatories: 9

30

Page  35,  line  17  [Clause  52],  leave out subsections 7 and 8 and insert—

Notices of Amendments: 13 May 2011

2076

Localism Bill, continued

‘(7)	The outcome of a local referendum shall be binding on the partner authority,

subject to exceptions set out in regulations made by the Secretary of State by

statutory instrument.’.

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’.

Secretary Eric Pickles

190

Page  37,  line  7,  leave out Clause 57.

Roberta Blackman-Woods

279

Page  49,  line  1  [Clause  66],  after ‘means’, insert ‘a body which is operating

primarily within the area of the relevant authority, and which is’.

Roberta Blackman-Woods

280

Page  49,  line  7  [Clause  66],  after ‘authority’, insert ‘who have formed an

Notices of Amendments: 13 May 2011

2077

Localism Bill, continued

organisation for charitable purposes or a community interest company or industrial and

provident society’.

Roberta Blackman-Woods

281

Page  50,  line  1  [Clause  68],  after ‘must’, insert ‘provide a period for consultation

with the relevant body on options for service redesign, and must’.

Roberta Blackman-Woods

282

Page  50,  line  12  [Clause  68],  leave out subsections (5) and (6) and insert—

‘(5)	A relevant authority must, in considering an expression of interest, consider—

(a)	whether acceptance of the expression of interest would promote or

improve the social, economic or environmental well-being of the

authority’s area,

(b)	whether acceptance of the expression of interest would promote or

improve equality for people who work, study or live in the authority’s

area,

(c)	whether acceptance of the expression of interest would disadvantage

vulnerable groups in society, and

(d)	the effect of acceptance of the expression of interest on the continuity of

the relevant service.

(6)	A relevant authority must, in carrying out the exercise referred to in subsection

(2), consider—

(a)	how it might promote or improve the social, economic or environmental

well-being of the authority’s area by means of that exercise,

(b)	how it might promote or improve equality for people who work, study or

live in the authority’s area by means of that exercise,

(c)	the interests of the vulnerable groups in society, and

(d)	the continuity of the relevant service.’.

Greg Mullholland

Justin Tomlinson

Kate Hoey

Mr John Leech

368

Page  51,  line  16  [Clause  71],  at end insert—

‘(2A)

The Secretary of State must within 12 months of this Act being passed take steps

to encourage owners of land included in a local authority’s list of assets of

community value to accept reasonable bids from any community interest groups

in relation to the land.’.

Notices of Amendments: 13 May 2011

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Localism Bill, continued

Roberta Blackman-Woods

31

Page  53,  line  11  [Clause  73],  at end insert ‘or

(iv)	by a community interest group as defined in section 79’.

Roberta Blackman-Woods

35

Page  53,  line  24  [Clause  73],  at end insert ‘which must include the following

provisions—

(a)	a requirement to consult the local community and community interest

groups, and

(b)	a requirement to conduct a community impact assessment.’.

Roberta Blackman-Woods

33

Page  56,  line  25  [Clause  79],  leave out ‘either’.

Roberta Blackman-Woods

32

Page  56,  line  30  [Clause  79],  at end insert ‘, and

(c)	where the owner of land is a public body or a charity, that any community

interest group or groups which meet the requirements of paragraph (a)

have been provided with the option of first refusal to purchase the asset,

with regulations for this purpose made by the relevant authority.’.

Roberta Blackman-Woods

34

Page  56,  line  39  [Clause  79],  at end insert ‘, which must be no less than 12

months.’.

New Clause relating to tax in connection with provisions of Parts 6 and 7

Tax

Secretary Eric Pickles

NC21

To move the following Clause:—

‘Schedule [Transfers and transfer schemes: tax provisions] (provision about tax

in connection with certain transfers and transfer schemes) has effect.’.

New Schedule relating to tax in connection with provisions of

Notices of Amendments: 13 May 2011

2079

Localism Bill, continued

Parts 6 and 7

Secretary Eric Pickles

NS2

To move the following Schedule:—

‘Transfers and transfer schemes: tax provisions

Part 1

Transfer under paragraph 60 of Schedule 16

1    (1)

For the purposes of any enactment about income tax or corporation tax, the

Office and the HCA are to be treated as the same person.

(2)	In particular, the transfer effected by paragraph 60 of Schedule 16 is to be

disregarded for those purposes.

(3)	Accordingly, that transfer is not to be regarded for the purposes of Part 8 of the

Corporation Tax Act 2009 (gains and losses from intangible fixed assets) as

involving any realisation of an asset by the Office or acquisition of an asset by

the HCA.

(4)	In this paragraph—

“enactment” includes an enactment contained in an instrument made under

an Act,

“the HCA” means the Homes and Communities Agency, and

“the Office” means the Office for Tenants and Social Landlords.

Part 2

Certain transfers under scheme under section 161 or 162

Interpretation of Part 2 of Schedule

2	In this Part of this Schedule—

“CTA 2009” means the Corporation Tax Act 2009,

“public body” means—

(a)	a person which is a public body for the purposes of section 66 of

the Finance Act 2003 (stamp duty land tax: transfers involving

public bodies), or

(b)	a person prescribed for the purposes of this Part of this Schedule

by order made by the Treasury,

“relevant transfer” means—

(a)	a transfer, in accordance with a transfer scheme under section

161, to a taxable public body of property, rights or liabilities of

the Homes and Communities Agency, or

(b)	a transfer, in accordance with a transfer scheme under section

162, to a taxable public body,

“taxable public body” means a public body which is within the charge to

corporation tax,

“transferee”, in relation to a transfer in accordance with a transfer scheme

under section 161 or 162, means the person to whom the transfer is made,

and

“transferor”—

Notices of Amendments: 13 May 2011

2080

Localism Bill, continued

(a)	means the Homes and Communities Agency in relation to a

transfer, in accordance with a transfer scheme under section 161,

of property, rights or liabilities of that Agency, and

(b)	means the London Development Agency in relation to a transfer

in accordance with a transfer scheme under section 162.

Computation of profits and losses in respect of transfer of a trade

3    (1)

This paragraph applies where a taxable public body (“the predecessor”) is

carrying on a trade or part of a trade and, as a result of a transfer scheme under

section 161 or 162—

(a)	the predecessor ceases to carry on that trade or part of a trade, and

(b)	another taxable public body (“the successor”) begins to carry on that

trade or part.

(2)	For the purposes of calculating, in relation to the time when the scheme comes

into force and subsequent times, the relevant trading profits or losses of the

predecessor and the successor—

(a)	the trade or part is to be treated as having been a separate trade at the

time of its commencement and as having been carried on by the

successor at all times since its commencement as a separate trade, and

(b)	the trade carried on by the successor after the time when the scheme

comes into force is to be treated as the same trade as that which the

successor is treated, by virtue of paragraph (a), as having carried on as

a separate trade before that time.

(3)	If a trade or part of a trade is to be treated under this paragraph as a separate

trade, such apportionments of receipts, expenses, assets and liabilities are to be

made for the purposes of computing relevant trading profits or losses as may

be just and reasonable.

(4)	This paragraph is subject to the other provisions of this Part of this Schedule.

(5)	In this paragraph “relevant trading profits or losses” means profits or losses

under Part 3 of CTA 2009 in respect of the trade or part of a trade in question.

Transfers of trading stock

4    (1)

This paragraph applies if—

(a)	under a relevant transfer, trading stock of the transferor is transferred

to the transferee,

(b)	immediately after the transfer takes effect, the stock is to be treated as

trading stock of the transferee, and

(c)	paragraph 3 does not apply in relation to the transfer.

(2)	Sub-paragraphs (3) and (4) have effect in calculating for any corporation tax

purpose both—

(a)	the profits of the trade in relation to which the stock is trading stock

immediately before the transfer takes effect (“the transferor’s trade”),

and

(b)	the profits of the trade in relation to which it is to be treated as trading

stock (“the transferee’s trade”).

(3)	The stock is to be treated as having been—

(a)	disposed of by the transferor in the course of the transferor’s trade,

(b)	acquired by the transferee in the course of the transferee’s trade, and

(c)	subject to that, disposed of and acquired when the transfer takes effect.

(4)	The stock is to be valued as if the disposal and acquisition had been for a

consideration which in relation to the transferor would have resulted in neither

© Parliamentary copyright	Revised 16 May 2011