Session 2010 - 12
Internet Publications
Other Bills before Parliament

Notices of Amendments: 13 May 2011

2095

Localism Bill, continued

Mr Nick Raynsford

364

Page  128,  line  35,  leave out Clause 148.

Secretary Eric Pickles

204

Page  130,  line  4,  leave out Clause 152.

Barbara Keeley

Alison Seabeck

Jack Dromey

278

Page  130,  line  18,  leave out Clause 153.

Remaining New Clauses

Pre-commencement consultation

Secretary Eric Pickles

NC22

To move the following Clause:—

‘(1)	Subsections (2) and (3) apply for the purpose of determining whether there has

been compliance with—

(a)	a requirement for consultation imposed by this Act,

(b)	a requirement for consultation which applies in relation to things done

under an Act amended by this Act, or

(c)	a requirement (whether or not imposed by this Act) to do something in

connection with a consultation under a requirement within paragraph (a)

or (b).

(2)	The fact that a provision of this Act was not in force when consultation took place

or anything was done in connection with a consultation is to be disregarded in

determining whether there has been compliance with the requirement.

(3)	The fact that consultation was carried out by a body from whom functions are

transferred by this Act, or anything was done by such a body in connection with

a consultation, is to be disregarded in determining whether there has been

compliance with the requirement by a body to whom those functions are

transferred.

(4)	Subsection (3) is without prejudice to any other provision of this Act that applies

to the transfer.

(5)	References in this section to a requirement imposed by this Act include a

requirement imposed by another Act as a result of its amendment by this Act.’.

Notices of Amendments: 13 May 2011

2096

Localism Bill, continued

Litter deposited from motor vehicles

Ian Mearns

NC23

To move the following Clause:—

‘In Part IV of the Environmental Protection Act 1990 (litter etc) in section 87

(offence of leaving litter) after subsection (7) insert—

“(8)	Where litter is deposited from a motor vehicle, the person in charge of the

vehicle shall, for the purposes of subsection (1) above, be treated as

having deposited the litter whether or not he gave any instructions for this

to be done.

(9)	The registered keeper of a vehicle shall, for the purposes of subsection

(8) above, be deemed to be the person in charge of the vehicle unless

within twenty one days of receipt of the summons for an offence

prosecuted by virtue of subsection (8) above the registered keeper

provides in writing to the prosecutor notification of such identifying

details as are available to him of any other person he claims to have been

the person in charge of the vehicle at the relevant time.

(10)	For the purposes of subsection (8) above a constable or an authorised

officer of a principal litter authority may by notice in writing served on

him, require any person to furnish such information specified in the

notice as may reasonably be required to ascertain the person in charge of

the vehicle at the relevant time, in such form and within such period,

being not less than fourteen days following service of the notice, as is so

specified.

(11)	It is an offence for a person, without reasonable excuse to fail to comply

with any requirement imposed under subsection (10) above.”’.

Street litter notices

Gordon Henderson

NC33

To move the following Clause:—

‘(1)	In Part 4 of the Environmental Protection Act 1990 (litter etc.) in section 93(2)

after “unoccupied” insert “or where there is multiple occupancy”.

(2)	In Part 4 of the Environmental Protection Act 1990 (litter etc.) in section 94(1)(a)

omit “commercial or retail premises” and insert “premium other than dwellings”.

Notices of Amendments: 13 May 2011

2097

Localism Bill, continued

Protection of businesses and non-domestic users of buildings from complaints

Simon Hughes

NC38

To move the following Clause:—

‘(1)	The Environmental Protection Act 1990 is amended as follows.

(2)	After section 80(2) insert—

“2AA (1)

Except that a local authority must not issue an abatement notice to a

business, place of worship or other non-domestic user of land for a

statutory nuisance falling within section 79(1)(g) if the following

conditions are met.

(2)	The first condition is that the relevant premises was already in use for

the same purpose at the time when the complainant became a local

resident, and that such use resulted in a similar noise, and a similar

level of noise, at that time.

(3)	The second condition is that use of the relevant premises complies

with the planning permission for that land and other legislation in

force.”.’.

Remaining New Schedule

Mr Clive Betts

Stephen Gilbert

Sarah Newton

NS1

To move the following Schedule:—

‘Disestablishment of an arm’s length management organisation

1	This Schedule applies to the disestablishment of an arm’s length management

organisation (ALMO) by a local authority as a result of which responsibility

for the management for housing previously managed by the ALMO is

transferred to the local authority.

2    (1)

The Secretary of State shall not entertain an application for his or her consent

to the disestablishment of an ALMO and a transfer of management to which

this Schedule applies unless the authority certify either—

(a)	that the requirements of paragraph 3 as to consultation have been

complied with, or

(b)	that the requirements of that paragraph as to consultation have been

complied with except in relation to tenants expected to have vacated

the dwelling-house in question before the transfer;

and the certificate shall be accompanied by a copy of the notices given by the

authority in accordance with that paragraph.

(2)	Where the certificate is in the latter form, the Secretary of State shall not

determine the application until the authority certify as regards the tenants

originally consulted—

(a)	that they have vacated the dwelling-house in question, or

Notices of Amendments: 13 May 2011

2098

Localism Bill, continued

(b)	that the requirements of paragraph 3 as to consultation have been

complied with;

and a certificate under sub-sub-paragraph (b) shall be accompanied by a copy

of the notices given by the authority in accordance with paragraph 3.

Requirements as to consultation

3    (1)

The requirements as to consultation referred to above are as follows.

(2)	The authority shall serve notice in writing on each tenant informing him or her

of—

(a)	such details of their proposal as the authority consider appropriate, but

including the identity of the person to whom the transfer is to be made;

(b)	the likely consequences of the transfer for the tenant, and

(c)	the effect of the provisions of this Schedule and informing the tenant

that he or she may, within such reasonable period as may be specified

in the notice, make representations to the authority.

(3)	The authority shall consider any representations made to them within that

period and shall serve a further written notice on the tenant informing him or

her—

(a)	of any significant changes in their proposal, and

(b)	that the tenant may within such period as is specified (which must be

at least 28 days after the service of the notice) communicate to the

Secretary of State his or her objection to the proposal,

and informing him or her of the effect of paragraph 4.

(4)	When a notice has been served under sub-paragraph (3) the authority shall

arrange a ballot of the tenants in accordance with sub-paragraph (5) to establish

whether or not the tenants wish the transfer to proceed.

(5)	The authority shall—

(a)	make arrangements for such person as they consider appropriate to

conduct the ballot in such manner as that person considers appropriate;

or

(b)	conduct the ballot themselves.

(6)	After the ballot has been held the authority shall serve a notice on each tenant

(whether or not he or she voted in the ballot) informing the tenant—

(a)	of the ballot result; and

(b)	if the authority intend to proceed with the transfer, that the tenant may

within 28 days after the service of the notice make representations to

the Secretary of State or (as the case may be) the Welsh Ministers.

Consent to be withheld if majority of tenants are opposed

4    (1)

The Secretary of State shall not give his or her consent if the result of a ballot

arranged under paragraph 3(4) shows that a majority of the tenants of the

dwelling-houses to which the application relates who voted in the ballot do not

wish the transfer to proceed; but this does not affect his or her general

discretion to refuse consent on grounds relating to whether a transfer has the

support of the tenants or on any other ground.

(2)	In making this decision the Secretary of State may have regard to any

information available to him or her; and the local authority shall give him or

her such information as to the representations made to them by tenants and

others; and other relevant matters, as he or she may require.’.

Notices of Amendments: 13 May 2011

2099

Localism Bill, continued

Secretary Eric Pickles

221

Page  166,  line  4  [Clause  201],  leave out first ‘or’ and insert ‘, the Treasury or the’.

Secretary Eric Pickles

222

Page  166,  line  6  [Clause  201],  leave out first ‘or’ and insert ‘, the Treasury or the’.

Secretary Eric Pickles

223

Page  167,  line  14  [Clause  201],  at end insert—

‘(10A)

A statutory instrument that contains an order or regulations made by the Treasury

under Schedule [Transfers and transfer schemes: tax provisions] is subject to

annulment in pursuance of a resolution of the House of Commons.’.

Secretary Eric Pickles

224

Page  167,  line  41  [Clause  202],  after ‘sections’, insert ‘8, 9,’.

Secretary Eric Pickles

225

Page  167,  line  41  [Clause  202],  after ‘Parts’, insert ‘1A,’.

Secretary Eric Pickles

226

Page  381,  line  13  [Schedule  24],  at end insert—

‘Part 1A

Fire and rescue authorities

	Reference	Extent of repeal
	Fire and Rescue Services Act 2004	Section 5.
	(c. 21)
		Section 19.
		Section 62(3).’.

Notices of Amendments: 13 May 2011

2100

Localism Bill, continued

Secretary Eric Pickles

227

Page  381,  line  30  [Schedule  24],  at end insert—

‘

In section 18—

(a)	subsections (4) and (5), and

(b)	in subsection (6) the words “in Wales”.’.

Secretary Eric Pickles

228

Page  382,  line  5  [Schedule  24],  at end insert—

‘

(aa) in subsection (2ZA) the words “in Wales”,’.

Secretary Eric Pickles

229

Page  382,  line  6  [Schedule  24],  leave out paragraph (b) and insert—

‘

(b) subsection (2A)(a) and (b),’.

Secretary Eric Pickles

230

Page  382,  line  13  [Schedule  24],  at end insert—

‘

(da) in subsection (10A) the words “in Wales”,’.

Secretary Eric Pickles

231

Page  382,  line  14  [Schedule  24],  leave out from ‘subsection’ to end of line 16 and

insert ‘(13)(aa) the words from “by virtue of” to “England) or”,’.

Secretary Eric Pickles

232

Page  382,  line  16  [Schedule  24],  at end insert—

	‘	(ea) in subsection (13)(c) the words from the
		beginning to “in Wales”,’.

Secretary Eric Pickles

233

Page  382,  line  17  [Schedule  24],  leave out paragraph (f).

Notices of Amendments: 13 May 2011

2101

Localism Bill, continued

Secretary Eric Pickles

234

Page  382,  line  25  [Schedule  24],  leave out paragraphs (a) and (b) and insert—

‘

(a)	in subsection (3) the words from “(in the

case of a local authority in England” to

“Wales)”,

(b)	in subsection (6)(a) the words from “section

236” to “2007 or”,

(c)	subsections (10) and (11), and

(d)	in subsection (12) the words “in Wales”.’.

Secretary Eric Pickles

235

Page  382  [Schedule  24],  leave out line 29.

Secretary Eric Pickles

236

Page  382,  line  31  [Schedule  24],  leave out ‘Section’ and insert ‘In section’.

Secretary Eric Pickles

237

Page  382,  line  31  [Schedule  24],  at end insert ‘—

(a)	in subsection (1)(b) sub-paragraph (ii) and

the word “or” immediately preceding that

sub-paragraph,

(b)	in subsection (2) the words “or providing a

copy of the document to a relevant partner

authority”,

(c)	in subsection (6) in the definition of “exempt

information” the words “section 246 of the

National Health Service Act 2006 or”, and

(d)	in that subsection the definition of “relevant

partner authority” and the word “and”

immediately preceding that definition.’.

Secretary Eric Pickles

238

Page  382,  line  32  [Schedule  24],  at end insert—

	‘	In section 21F (as inserted by the Local Government
		(Wales) Measure 2011), in subsection (1) the
		words “in Wales”.’.

Secretary Eric Pickles

239

Page  382,  line  33  [Schedule  24],  after ‘21F’, insert ‘(as inserted by the Flood and

Water Management Act 2010)’.

© Parliamentary copyright	Revised 16 May 2011