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| | Localism Bill, As Amended
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| | | The Amendments have been arranged in accordance with the Localism Bill |
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| | | (Programme) (No. 2) Motion to be proposed by Secretary Eric Pickles. |
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| | New Clauses relating to Part 1 |
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| | | Limits on power under section 5(1) |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State may not make provision under section 5(1) unless the |
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| | | Secretary of State considers that the conditions in subsection (2), where relevant, |
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| | | are satisfied in relation to that provision. |
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| | | (2) | Those conditions are that— |
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| | | (a) | the effect of the provision is proportionate to the policy objective |
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| | | intended to be secured by the provision; |
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| | | (b) | the provision, taken as a whole, strikes a fair balance between the public |
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| | | interest and the interests of any person adversely affected by it; |
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| | | (c) | the provision does not remove any necessary protection; |
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| | | (d) | the provision does not prevent any person from continuing to exercise |
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| | | any right or freedom which that person might reasonably expect to |
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| | | (e) | the provision is not of constitutional significance. |
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| | | (3) | An order under section 5(1) may not make provision for the delegation or transfer |
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| | | of any function of legislating. |
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| | | (4) | For the purposes of subsection (3) a “function of legislating” is a function of |
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| | | legislating by order, rules, regulations or other subordinate instrument. |
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| | | (5) | An order under section 5(1) may not make provision to abolish or vary any tax.’. |
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| | | Limit on number of referendums |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 45 of the Local Government Act 2000 (provision with respect to |
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| | | referendums) is amended as follows. |
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| | | (2) | For subsection (1) substitute— |
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| | | “(1) | A local authority in England or Wales may not hold more than one |
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| | | referendum in any period of five years.”. |
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| | | (3) | Section 45, as amended by subsection (1), applies to referendums held before, and |
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| | | referendums held after, this section comes into force.’. |
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| | | Sunday trading hours - power to amend or repeal |
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| | To move the following Clause:— |
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| | | ‘Notwithstanding any existing statutory provisions, a local authority may, for its |
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| | | area, impose its own regulations on Sunday opening hours for retail outlets that |
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| | | currently have a restriction in place to either— |
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| | | (a) | reduce the existing hours, or |
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| | | (b) | extend the existing hours.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | If 25% or more of the registered voters in the constituency of an elected local |
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| | | government member sign a relevant recall petition then a recall election must be |
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| | | held on the same date as the next election (whether or not a local election) to be |
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| | | held in the constituency of the elected government member, provided that that |
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| | | election is not less than 12 weeks after the threshold has been reached. |
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| | | (2) | In order for a recall petition to be relevant the appropriate returning officer must |
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| | | (a) | the petition has been submitted in accordance with the rules provided for |
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| | | (b) | there is evidence contained in the petition that the elected local |
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| | | (i) | acted in a way which is financially dishonest or disreputable, |
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| | | (ii) | intentionally misled the body to which he or she was elected, |
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| | | (iii) | broken any promises made by him or her in an election address, |
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| | | (iv) | behaved in a way that is likely to bring his or her office into |
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| | | (v) | lost the confidence of his or her electorate. |
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| | | (3) | The Secretary of State must lay regulations before Parliament within six months |
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| | | of the passing of this Act setting out— |
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| | | (a) | how notice of intent to petition for recall is to be given, |
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| | | (b) | how “registered voters” are to be defined for different types of |
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| | | (c) | the definition of “appropriate returning officer”, |
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| | | (d) | the ways in which registered voters can sign a recall petition, |
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| | | (e) | the ways in which signatures to such petitions will be verified, |
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| | | (f) | entitlement to vote in, and the conduct of, the recall election, |
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| | | (g) | rules on any other related matters as considered necessary by the |
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| | | (h) | consequential, saving, transitory or transitional provision (including |
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| | | amendments to existing statutory provision, whenever passed or made). |
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| | | (4) | The Secretary of State must issue guidance to returning officers on how to make |
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| | | assessments under subsection (2)(b) within six months of the passing of this Act. |
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| | | (5) | The question that is to appear on the ballot papers in a recall election is “Should |
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| | | [name of elected local government member] be recalled from [name of body or |
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| | | (6) | If at a recall election more votes are cast in favour of the answer “Yes” than in |
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| | | favour of the answer “No”, then— |
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| | | (a) | if the elected representative has been elected under a first past the post or |
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| | | alternative vote electoral system, he or she is recalled and a by-election |
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| | | must be held within three months in which the recalled candidate may |
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| | | (b) | if the elected representative has been elected under a system of |
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| | | proportional representation, the next candidate on the relevant party list |
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| | | (7) | In this section “elected local government member” means any person elected to |
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| | | the Greater London Authority, a county council in England, district council, or |
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| | | London borough council, including an elected mayor of the council; and the |
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| | | (8) | Regulations under this section may not be made unless a draft of the statutory |
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| | | instrument containing the regulations has been laid before, and approved by a |
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| | | resolution of, each House of Parliament. |
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| | | (9) | Subsections (1) and (2) come into force six months after the day on which the |
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| | | regulations under subsection (3) are made.’. |
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| | | Low pay policy statements |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State must by regulations made by statutory instrument require |
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| | | relevant authorities to prepare a pay policy statement for lower paid staff within |
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| | | six months of this Act coming into force. |
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| | | (2) | In this section “lower paid staff” means— |
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| | | (a) | the lowest paid member of staff, and |
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| | | (b) | any member of staff paid less than 20 per cent. above the amount paid to |
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| | | the lowest paid member of staff.’. |
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| | | Local authority contractor pay policy statements |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State must by regulations made by statutory instrument require |
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| | | relevant authorities to prepare a pay policy statement for the highest paid staff and |
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| | | the lower paid staff of local authority contractors within six months of this Act |
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| | | (a) | “local authority contractors” means a company or organisation (a |
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| | | “contractor”) that supplies services or executes works for the relevant |
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| | | authorities to the value of more than £250,000 in any financial year; |
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| | | (b) | “lower paid staff” means— |
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| | | (i) | the lowest paid member of staff, and |
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| | | (ii) | any member of staff paid less than 20 per cent. above the amount |
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| | | paid to the lowest paid member of staff, |
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| | | (c) | “highest paid staff” means the highest paid member of staff by |
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| | | remuneration, which shall include payments made by the contractor to |
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| | | the member of staff in connection with that staff’s employment, any |
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| | | relevant bonuses and benefits in kind.’. |
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| | Page 4, line 22 [Clause 5], at end insert— |
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| | | ‘(6A) | The power under subsection (1) or (2) may not be exercised to amend, repeal, |
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| | | (a) | this Part of this Act, |
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| | | (b) | Public Libraries and Museums Act 1964 section 7 or section 13, |
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| | | (c) | Small Holdings and Allotments Act 1908 section 23, |
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| | | (d) | Children Act 1989 Part 3 and Schedule 2, |
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| | | (e) | Childcare Act 2006, Parts 1 and 2, |
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| | | (f) | Child Poverty Act 2010 Part 2, |
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| | | (g) | Equality Act 2010, section 88, |
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| | | (h) | Equality Act 2010, section 149, |
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| | | (i) | Care Standards Act 2000, |
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| | | (j) | Chronically Sick and Disabled Persons Act 1970 section 21, |
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| | | (k) | Transport Act 2000 section 145A, |
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| | | (l) | Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) |
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| | | (England) Regulations 2000, |
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| | | (m) | Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) |
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| | | (n) | Disabled Persons (Badges for Motor Vehicles) (England) (Amendment |
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| | | (o) | Carers and Disabled Children Act 2000, |
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| | | (p) | Carers (Recognition and Services) Act 1995, |
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| | | (q) | Disabled Persons (Services, Consultation and Representation) Act 1986, |
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| | | (r) | Mental Health Act 1983 Part 8, |
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| | | (s) | Community Care, Services for Carers and Children Services (Direct |
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| | | Payments) England Regulations 2009, |
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| | | (t) | Public Health Act 1875, |
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| | | (u) | Public Health Act 1936, |
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| | | (w) | Countryside and Rights of Way Act 2000, |
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| | | (x) | Natural Environment and Rural Communities Act 2006 section 40, |
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| | | (y) | Wildlife and Countryside Act 1981 section 25 or section 28E, |
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| | | (z) | Environment Act 1995 Part 4, |
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| | | (z1) | Dangerous Wild Animals Act 1976, |
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| | | (z2) | Prevention of Damage by Pests Act 1949, |
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| | | (z3) | Hedgerow Regulations 1997, |
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| | | (z4) | Planning (Listed Building and Conservation Areas) Act 1990 section 66 |
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| | | (z5) | Ancient Monument and Archaeological Areas Act 1979 sections 12 and |
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| | | (z6) | National Parks and Access to the Countryside Act 1949, |
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| | | (z7) | Animal Welfare Act 2006 section 30, |
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| | | (z8) | Zoo Licensing Act 1981, |
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| | | (z9) | Marine and Coastal Access Act 2009 Part 6, |
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| | | (z10) | Flood and Water Management Act 2010 Schedule 3, |
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| | | (z11) | Working Time Regulations 1998 Regulation 28, |
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| | | (z12) | Education Act 1996 section 15ZA, |
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| | | (z13) | Food Safety Act 1990 Parts 1, 2 and 3, |
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| | | (z14) | Freedom of Information Act 2000, |
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| | | (z15) | Housing Grants, Construction and Regeneration Act 1996 section 1, |
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| | | (z16) | Housing Act 1996 Part 7, |
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| | | (z17) | Homelessness Act 2002, |
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| | | (z18) | Housing Act 2004 Part 2, |
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| | | (z19) | Local Government Act 1972 Part VA, section 99 or section 148, |
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| | | (z20) | Local Government Act 2000 Part 3 section 21 or section 37, |
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| | | (z21) | Children and Young Persons Act 1969 Part 1, or |
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| | | (z22) | Adoption and Children Act 2002.’. |
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| | Page 4, line 24 [Clause 5], leave out from ‘must’ to ‘consult’. |
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| | Page 4, line 28 [Clause 5], at end insert— |
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| | | ‘(8) | Before making an order under subsection (1) that has effect in relation to Wales, |
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| | | the Secretary of State must consult the Welsh Ministers.’. |
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| | Page 4, line 30 [Clause 6], after ‘5(7)’, insert ‘and (8)’. |
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| | Page 4, line 33 [Clause 6], leave out from ‘must’ to ‘undertake’ in line 34. |
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| | Page 4, line 36 [Clause 6], after ‘5(7)’, insert ‘and (8)’. |
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| | Page 4, line 42 [Clause 6], at end insert— |
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| | | ‘(ai) | the Secretary of State’s reasons for considering that the |
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| | | conditions in section [Limits on power under section 5(1)](2), |
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| | | where relevant, are satisfied in relation to the proposals,’. |
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| | Page 4, line 43 [Clause 6], after ‘5(7)’, insert ‘and (8)’. |
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| | Page 5, line 32 [Clause 7], at end insert ‘subject to the exceptions specified in |
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| | Page 5, line 41 [Clause 8], leave out ‘in England’. |
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| | Page 6, line 17 [Clause 8], leave out ‘in England’. |
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| | Page 7, line 9 [Clause 8], at end insert— |
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| | | ‘“Act” (except in a reference to the Localism Act 2011) includes an Act, or |
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| | | Measure, of the National Assembly for Wales; |
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| | | “passed” in relation to an Act, or Measure, of the National Assembly for |
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| | Page 7, line 36 [Clause 8], leave out ‘Secretary of State’ and insert ‘appropriate |
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| | Page 7, line 39 [Clause 8], leave out ‘Secretary of State’ and insert ‘appropriate |
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| | Page 7, line 41 [Clause 8], leave out ‘Secretary of State’ and insert ‘appropriate |
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| | Page 7, line 43 [Clause 8], leave out ‘Secretary of State’ and insert ‘appropriate |
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| | Page 7, line 46 [Clause 8], leave out ‘Secretary of State’ and insert ‘appropriate |
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