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Consideration of Bill: 17 May 2011                     

2116

 

Localism Bill, continued

 
 

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

 

(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.’.


 
 

Consideration of Bill: 17 May 2011                     

2117

 

Localism Bill, continued

 
 

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)’.

 

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—


 
 

Consideration of Bill: 17 May 2011                     

2118

 

Localism Bill, continued

 
 

‘(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

 

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.


 
 

Consideration of Bill: 17 May 2011                     

2119

 

Localism Bill, continued

 
 

(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—

 

(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.


 
 

Consideration of Bill: 17 May 2011                     

2120

 

Localism Bill, continued

 
 

(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.

 

(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.


 
 

Consideration of Bill: 17 May 2011                     

2121

 

Localism Bill, continued

 
 

(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

 

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—


 
 

Consideration of Bill: 17 May 2011                     

2122

 

Localism Bill, continued

 
 

(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.

 

Secretary Eric Pickles

 

78

 

Page  9,  line  19  [Clause  8],  at end insert—

 

‘(2A)    

In section 60(1) of the Fire and Rescue Services Act 2004 (meaning of

 

“subordinate legislation”) for “by the Secretary of State under this Act” substitute

 

“under this Act by the Secretary of State or the Welsh Ministers”.’.

 

Secretary Eric Pickles

 

79

 

Page  9,  line  23  [Clause  8],  after ‘order’, insert ‘made by the Secretary of State’.

 

Secretary Eric Pickles

 

80

 

Page  9,  line  24  [Clause  8],  leave out ‘5D(5)’ and insert ‘5C(6A)’.


 
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Revised 17 May 2011