Sustainable Communities Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Sustainable Communities Bill

Sustainable Communities Bill
1

A
Bill
To
Make provision about promoting the sustainability of local communities; and
for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
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Sustainability of local communities
(1)
The principal aim of this Act is to promote the sustainability of local
communities.
(2)
In this Act references to promoting the sustainability of local communities, in
relation to a local authority, are references to encouraging the improvement of
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the economic, social or environmental well-being of the authority’s area, or
part of its area.
(3)
In this section “social well-being” includes participation in civic and political
activity.
(4)
It shall be the duty of the Secretary of State to assist local authorities in
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promoting the sustainability of local communities in the ways specified in this
Act.
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Proposals by local authorities
(1)
The Secretary of State must invite local authorities to make proposals which
they consider would contribute to promoting the sustainability of local
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communities.
(2)
Without prejudice to the generality of subsection (1), a proposal may include a
request for a transfer of functions from one person to another.
(3)
A local authority may not include a request under subsection (2) unless it has
consulted—
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(a)
the person whose functions it relates to, and
(b)
the person to whom the local authority considers the functions should
be transferred.

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(4)
A local authority must have regard to the matters specified in the Schedule
before making a proposal.
(5)
The Secretary of State must issue the first invitation under this section within
the period of one year beginning with the day on which this Act is passed.
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Decision on short-list
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(1)
Before inviting proposals under section 2, the Secretary of State must appoint
a person (the “selector”) to consider the proposals and, in co-operation with the
Secretary of State, draw up a short-list of proposals in accordance with
regulations under section 5.
(2)
The selector must be a person who represents the interests of local authorities.
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(3)
On receiving the short-list from the selector, the Secretary of State must decide
which of the proposals on the short-list should be implemented.
(4)
Before making a decision under subsection (3) the Secretary of State must
consult the selector and try to reach agreement.
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Action plans
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(1)
The Secretary of State must publish—
(a)
the decision under section 3(3) and the reasons for it, and
(b)
with the decision, a statement of the action the Secretary of State
proposes to take with a view to the implementation of any proposal.
(2)
A statement published under subsection (1)(b) is referred to in this section as
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an action plan.
(3)
The Secretary of State must publish and lay before Parliament a report,
describing the progress which has been made in relation to any action plan,
within the period of one year following the publication of the action plan and
at intervals of not more than one year thereafter.
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(4)
Subsection (3) does not apply in relation to an action plan if the action plan has
been implemented.
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Proposals: regulations
(1)
The Secretary of State must make regulations about the procedure to be
followed in relation to proposals under section 2.
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(2)
Before making regulations the Secretary of State must consult—
(a)
the selector, and
(b)
such other persons who represent the interests of local authorities as
the Secretary of State thinks fit.
(3)
Regulations may, in particular—
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(a)
specify, or authorise the selector to specify, steps to be taken by a local
authority before making proposals;
(b)
specify steps to be taken by the selector in considering the proposals
and drawing up a short-list;
(c)
require the selector to prepare, and give to the Secretary of State, a
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report on the proposals.

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(4)
Regulations must—
(a)
require a local authority, before making any proposal under section 2,
to establish or recognise a panel of representatives of local persons and
consult it about the proposal;
(b)
require a local authority to try to reach agreement about proposals with
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the panel or other persons consulted under paragraph (a); and
(c)
require a local authority to have regard to any guidance issued under
subsection (5).
(5)
The Secretary of State must issue guidance to local authorities about making
proposals, which—
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(a)
must include guidance about the inclusion among representatives of
local persons (for the purposes of subsection (4)(a)) of persons from
under-represented groups, and
(b)
may include other guidance about establishing and consulting a panel
of representatives of local persons.
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(6)
Before issuing or revising guidance under subsection (5) the Secretary of State
must consult—
(a)
local authorities, or
(b)
persons who represent the interests of local authorities.
(7)
For the purposes of subsection (2) or (6) any consultation undertaken before
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the day on which this Act is passed is as effective as it would have been if
undertaken after that day.
(8)
In this section—
“local person” means, in relation to a proposal by a local authority under
section 2, a person who is likely to be affected by, or interested in, the
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proposal;
“panel” means a panel constituted in accordance with regulations;
“representative” means, in relation to local persons, a person who appears
to the local authority to be representative of the local persons;
“under-represented groups” has the meaning given by regulations.
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(9)
Regulations under this section—
(a)
must be made by statutory instrument, and
(b)
are subject to annulment in pursuance of a resolution of either House
of Parliament.
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Local spending reports
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(1)
For the purpose of assisting in promoting the sustainability of local
communities, the Secretary of State must make arrangements for the
production, by the Secretary of State or another person, of local spending
reports.
(2)
A local spending report is a report on expenditure by such authorities, in such
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area, and over such period, as are determined in accordance with the
arrangements.
(3)
The authorities may be—
(a)
a local authority;
(b)
a government department;
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(c)
any other person exercising public functions.

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(4)
The area must be—
(a)
one or more local authority areas;
(b)
one or more parts of a local authority area; or
(c)
any combination of those.
(5)
The period may be or include a future period.
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(6)
The expenditure to be included in relation to any authority, area or period is to
be determined in accordance with the arrangements.
(7)
A report may relate to different areas or periods for different authorities.
(8)
The Secretary of State may make different arrangements for different reports.
(9)
The Secretary of State must make the first arrangements under this section
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within the period of 18 months beginning with the day on which this Act is
passed.
(10)
Before making arrangements under this section, the Secretary of State must
consult such persons likely to be affected by the arrangements as the Secretary
of State thinks appropriate.
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(11)
For the purposes of subsection (10) any consultation undertaken before the day
on which this Act is passed is as effective as it would have been if undertaken
after that day.
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Sustainable community strategy
(1)
In each of the enactments mentioned in subsection (2) for “community
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strategy” substitute “sustainable community strategy”.
(2)
Those enactments are—
(a)
section 4(1), (2) and (3) of the Local Government Act 2000 (c. 22), and
(b)
section 19(2)(f), (2)(g) and (7) of the Planning and Compulsory
Purchase Act 2004 (c. 5) (local development documents).
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(3)
In section 4(5) of the Local Government Act 2000 (Wales) at end insert “, and as
if for “sustainable community strategy” there were substituted “community
strategy”.”
(4)
The Secretary of State may by regulations amend any other enactment,
whenever passed or made, to convert a reference to a “community strategy” to
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a reference to a “sustainable community strategy”.
(5)
Regulations under subsection (3)—
(a)
may amend an enactment only in so far as the enactment applies in
relation to England,
(b)
must be made by statutory instrument, and
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(c)
are subject to annulment in pursuance of a resolution of either House
of Parliament.
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Interpretation
In this Act—
“local authority” means a county council in England, a district council, a
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London borough council, the Common Council of the City of London
or the Council of the Isles of Scilly;

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“region” means a region specified in Schedule 1 of the Regional
Development Agencies Act 1998 (c. 45).
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Expenses
There shall be paid out of money provided by Parliament—
(a)
any sums to be paid by the Secretary of State for or in connection with
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the carrying out of his functions under this Act; and
(b)
any increase attributable to this Act in the sums which are payable out
of money so provided under any other Act.
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Short title, commencement and extent
(1)
This Act may be cited as the Sustainable Communities Act 2007.
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(2)
This Act extends to England and Wales only.