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In particular, it requires the report to cover the effectiveness of sustainable development outcomes; the extent to which brownfield land has been developed; the extent to which green belt has been protected;

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whether affordable housing targets have been achieved; and data about planning approvals and rejections, et cetera. In short, it requires taking stock of how the new planning landscape is working in practice. It will no doubt be argued that there is going to be post-legislative scrutiny of this legislation in any event, but we consider the ramifications of this part of the Localism Bill to be of particular significance and that it should have this special focus. It requires this report within three years of entry into force, but this timescale is not sacrosanct for us.

If Ministers have confidence in their case, this should not present a difficulty. There can be no doubt that in recent months, since the publication of this Bill, and particularly since the publication of the draft NPPF, the profile of planning-and the purpose of planning-has been raised in our country and our communities. One would not normally expect to see headlines in the Telegraph dominated by planning matters; and we have in a way been startled spectators in unpleasant exchanges between the Planning Minister and no less a body than the National Trust.

Whatever the Government intended to be the outcome of these proposed changes to our planning system, there is no doubt that the way they have gone about it has caused chaos and added huge uncertainty in the planning system, of itself creating paralysis and holding back growth, the very thing they were supposedly designed to stimulate. The fears are that the Government were redefining the purpose of the planning system and refocusing on economic growth to the detriment of the broader requirements of sustainable development. There were plenty of signals to this effect: the presumption in favour of sustainable development; the denial hitherto of transitional provisions; the very wording of the NPPF, which contains no recognisable definition of sustainable development; the scrapping of "brownfield first"; and the inevitable uncertainty created by cramming 1,000 pages of regulation and guidance into 50, even accounting for the removal of overlaps and duplication. Alongside this was the introduction of the neighbourhood planning regime, to be supported by local planning authorities at a time of stretched resources; the duty to co-operate as a substitute for regional and sub-regional spatial strategies; and the operation of the new homes bonus as the supposed driver of new dwellings. Uncertainty abounds. We need a process for Parliament to be able to take stock of where this is all taking us. I beg to move.

Lord Lucas: I hope we see annual reports. This is such an exciting, interesting and unexplored area that we are going into that we really need to know what is going on rather earlier than three years. However, I would measure things in a much happier vein than the list of grizzles in proposed subsection (2) in this amendment. It is going to make a great change and advance to people's lives-and I would like to see that documented-as much as create possible pitfalls.

Baroness Hanham: My Lords, at this time of night I am going to resist the temptation thrown at me by the Labour Lord opposite to discuss further the sustainable development in the NPPF-great sighs of relief opposite. I will therefore confine myself to the proposal that there should be a report on progress.



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We agree that there should be a transparent system for monitoring and reporting. As with decentralising decision-making over housing and planning matters to councils and local communities, we expect them to report progress on all aspects of planning and to make this available to local communities to whom they are accountable. The Planning and Compulsory Purchase Act 2004 already places a duty on councils to undertake a survey of matters affecting the development of their area, including-I promise I will not go back to sustainable development again-its physical, economic, social and environmental characteristics.

The council is already required to produce an annual monitoring report of local planning activity. Our proposals in the Bill and local planning regulations, on which we have recently consulted, will streamline the process for preparing these reports, reducing the burden on councils and strengthening public accountability. Local planning regulations will also require councils to report progress in relation to neighbourhood development plans and demonstrate how they have worked with others under the duty to co-operate.

My department will support councils in this process by continuing to produce official statistics that can contribute to the evidence base used by councils to develop their plans. With these reassurances, I hope the noble Lord will withdraw the amendment.

Lord McKenzie of Luton: My Lords, I am grateful to the noble Baroness for that response but it did not deal with the central point. I accept that there are a range of reporting requirements for local authorities over a range of aspects, but the purpose of this amendment was to say that we have a new system here. A great deal of uncertainty surrounds it. It is right that both Houses of Parliament should be able to take stock of how it has worked out overall. If I understood him, the noble Lord, Lord Lucas, was in favour of more frequent reporting than three years. Three years does not seem an unreasonable timeframe. It would be a pity if we could not take the whole of Part 5 and have some report back on how it has all worked out as a package at a macro level. This is not the time of night to pursue this in greater depth, but I ask the Government to reconsider this issue. In the mean time, I beg leave to withdraw the amendment.

Amendment 232AA withdrawn.

Clause 218 : Taking account of planning permission when assessing compensation

Amendment 232AB

Moved by Earl Attlee

232AB: Clause 218, page 193, line 41, leave out "In section 14" and insert "For sections 14 to 16"

Earl Attlee: My Lords, I beg to move Amendment 232AB and will speak to Amendments 232AC to 232AR. I have a short speech and a very short speech. The sense of the House is rather for the latter. Amendments 232AB to 232AR amend Clause 218, which reforms the planning assumptions for compulsory purchase compensation. Amendments in this group

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extend the application of Clause 218 to Wales as well as England following a legislative consent Motion before the National Assembly. The other amendments, particularly Amendments 232AE and 232AR, make technical drafting changes so that the provisions work as intended. I beg to move.

Lord Boyd of Duncansby: My Lords, briefly, Clause 218 was put in without any debate in Committee. I simply thank the Government for having looked at the issue, bringing forward Clause 218 and then engaging with the Compulsory Purchase Association to discuss the amendments that are now being moved by the Government. I very much welcome this. Part 8 is an important part of the new Bill. I thank noble Lords for their time.

Lord McKenzie of Luton: I am grateful that noble Lords have heard the reassurance and thanks of my noble and learned friend Lord Boyd directly. We have relied on him for advice on the appropriateness of this and are happy to support the amendments.

Amendment 232AB agreed.

Amendments 232AC to 232AR

Moved by Earl Attlee

232AC: Clause 218, page 193, line 41, leave out from "permission)" to end of line 6 on page 194 and insert "substitute-

"14 Taking account of actual or prospective planning permission"

232AD: Clause 218, page 194, line 9, leave out "in England"

232AE: Clause 218, page 194, line 24, at end insert "to which subsection (4)(b)(i) applies, and

(b) that, in the case of any development that is appropriate alternative development to which subsection (4)(b)(ii) applies and subsection (4)(b)(i) does not apply, it is certain at the relevant valuation date that planning permission for that development will be granted at the later time at which at that date it could reasonably have been expected to be granted."

232AF: Clause 218, page 196, line 4, leave out "14B" and insert "15"

232AG: Clause 218, page 196, leave out line 7

232AH: Clause 218, page 196, line 21, leave out subsections (4) and (5)

232AJ: Clause 218, page 196, line 29, leave out "In section 17" and insert "For sections 17 and 18"

232AK: Clause 218, page 196, line 29, leave out from "alternative" to end of line 35 and insert "development and appeals against certificates) substitute-

"17 Certificates of appropriate alternative development"

232AL: Clause 218, page 196, line 36, leave out "in England"

232AM: Clause 218, page 197, line 4, leave out "authority proposing to acquire the interest" and insert "acquiring authority"

232AN: Clause 218, page 198, line 39, leave out from beginning to "Appeal" in line 41 and insert-

"18 "

232AP: Clause 218, page 198, line 46, after "be" insert ", or is,"

232AQ: Clause 218, page 199, line 19, leave out subsection (9)

232AR: Clause 218, page 199, line 30, leave out from "3)" to end of line 35 and insert "omit-

(a) in the opening words-

(i) the words "and appeals under section eighteen of this Act", and

(ii) the word "respectively",



17 Oct 2011 : Column 145

(b) paragraph (b) (manner of and time for giving notice of appeal), and

(c) paragraph (d) (which refers to provisions of section 17 not re-enacted in the section 17 substituted by this Act).

(10A) Omit section 21 (proceedings for challenging validity of decision on appeal under section 18).

(11) In section 22 (interpretation of Part 3)-

(a) in subsection (1) (meaning of "the parties directly concerned") for "authority by whom it is proposing to be acquired" substitute "acquiring authority", and

(b) in subsection (2) (interpretation of sections 17 and 18) for "and eighteen" substitute "to nineteen".

(12) In each of paragraph 11 of Schedule 27 to the Local Government, Planning and Land Act 1980 and paragraph 8 of Schedule 9 to the Housing Act 1988 (modifications of section 17(2) of the 1961 Act)-

(a) for "authority proposing to acquire it" substitute "acquiring authority",

(b) for "in respect thereof," substitute "in respect of the interest", and

(c) for "sale thereof" substitute "sale of the interest".

(13) The amendments made in the Land Compensation Act 1961 by this section apply to the Crown to the extent set out in section 33 of that Act (Act applies in relation to acquisition by government department, including any Minister of the Crown, that is an authority possessing compulsory purchase powers as it applies to other authorities possessing those powers)."

Amendments 232AC to 232AR agreed.

11.30 pm

Schedule 24 : Transfers and transfer schemes: tax provisions

Amendment 232AS

Moved by Lord Shutt of Greetland

232AS: Schedule 24, page 419, line 31, at end insert "(Transfer schemes),"

Lord Shutt of Greetland: My Lords, this not-quite-final group consists of minor technical and consequential amendments to Part 9 and the schedules to the Bill that have not been picked up in earlier groups. I beg to move.

Lord McKenzie of Luton: My Lords, I thought that we were going to have a short speech from the Minister. The first few amendments here are to do with transfer schemes and tax issues arising from the core cities amendments that we discussed earlier, so I am happy to support them, and indeed the rest of the amendments in this group.

Amendment 232AS agreed.

Amendments 232AT to 232AV

Moved by Earl Attlee

232AT: Schedule 24, page 420, line 5, leave out from beginning to first "to" in line 6 and insert "an appropriate authority to be required or permitted"

232AU: Schedule 24, page 420, line 18, leave out from beginning to first "to" in line 19 and insert "an appropriate authority to be required or permitted"



17 Oct 2011 : Column 146

232AV: Schedule 24, page 420, line 24, at end insert-

""appropriate authority" means-

(a) the Treasury,

(b) any other Minister of the Crown with the consent of the Treasury, or

(c) the Mayor of London with the consent of the Treasury,

"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975,"

Amendments 232AT to 232AV agreed.

Clause 221 : Orders and regulations

Amendments 232B and 232C

Moved by Baroness Hanham

232B: Clause 221, page 200, line 20, leave out "the Secretary of State, the Treasury" and insert "a Minister of the Crown"

232C: Clause 221, page 200, line 23, leave out "the Secretary of State, the Treasury" and insert "a Minister of the Crown"

Amendments 232B and 232C agreed.

Amendment 233

Moved by Lord Shutt of Greetland

233: Clause 221, page 200, line 24, after "Act" insert "(other than a power under section 226)"

Lord Shutt of Greetland: This is a minor technical amendments dealing with commencement orders. I beg to move.

Amendment 233 agreed.

Amendments 233A to 236A

Moved by Baroness Hanham

233A: Clause 221, page 200, line 38, leave out "The Secretary of State" and insert "A Minister of the Crown"

234: Clause 221, page 200, line 42, at end insert-

"(za) an order under section 5(2) that-

(i) amends any Act or provision of an Act, and

(ii) is not made (in reliance on section 7(4)) in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 7(3);"

235: Clause 221, page 200, line 44, leave out "7(5)" and insert "7(5)(b)"

236: Clause 221, page 201, line 3, at end insert-

"(ba) an order under section 8(2);"

236A: Clause 221, page 201, line 3, at end insert-

"(bb) an order under section (Designation of public authorities);"

Amendments 233A to 236A agreed.

Amendments 236B to 240A

Moved by Baroness Hanham

236B: Clause 221, page 201, line 4, leave out "57"

237: Clause 221, page 201, line 4, leave out "or 69(9)" and insert ", 69(2)(d), (5)(e) or (9) or 71(8)"

238: Clause 221, page 201, line 7, at end insert-

"(fa) regulations under section 105;"

239: Clause 221, page 201, line 10, leave out "105 or"



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240: Clause 221, page 201, line 14, leave out subsection (8)

240A: Clause 221, page 201, line 22, leave out "the Secretary of State" and insert "a Minister of the Crown"

Amendments 236B to 240A agreed.

Amendment 241

Moved by Lord McKenzie of Luton

241: Clause 221, page 201, line 34, after "7(3)," insert-

"(ba) an order under section (Power to transfer local public functions to permitted authorities) (but see section (Orders under section (Power to transfer local public functions to permitted authorities): procedure),"

Amendment 241 agreed.

Amendment 241A

Moved by Baroness Hanham

241A: Clause 221, page 201, line 34, after "7(3)," insert-

"(ba) an order or regulations under Schedule 24,"

Amendment 241A agreed.

Amendments 241B to 242ZB

Moved by Baroness Hanham

241B: Clause 221, page 201, line 41, at end insert-

"(aa) an order under section (Designation of Welsh public authorities),"

242: Clause 221, page 202, line 7, at end insert-

"(13A) Subsection (13) does not apply to an order under section 226."

242ZA: Clause 221, page 202, line 7, at end insert-

"(13B) If a draft of a statutory instrument containing an order under section (Designation of public authorities) would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument."

242ZB: Clause 221, page 202, line 10, at end insert-

""Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975."

Amendments 241B to 242ZB agreed.

Clause 222 : Power to make further consequential amendments

Amendments 242ZBA to 242ZD

Moved by Baroness Hanham

242ZBA: Clause 222, page 202, line 17, after "14," insert "22 to 27,"

242ZBB: Clause 222, page 202, line 17, leave out "and 136," and insert ", 136 and 149(2A)(b) and (c),"

242ZC: Clause 222, page 202, line 22, after "to" insert "Part (EU fines: Wales) and"

242ZD: Clause 222, page 202, line 22, after "68" insert ", and Part 13 of Schedule 25 and section 223 so far as relating to that Part,"

Amendments 242ZBA to 242ZD agreed.



17 Oct 2011 : Column 148

Schedule 25 : Repeals and revocations

Amendment 242A

Moved by Baroness Hanham

242A: Schedule 25, page 421, line 6, at end insert-

"Part 2AOther authorities
ReferenceExtent of repeal

Transport Act 1968 (c. 73)

In section 10(1)(xxviii), the words "so far as not required for the purposes of their business".

Local Government Act 2003 (c. 26)

In section 93(7)(b), the "and" at the end."

Amendment 242A agreed.

Amendment 243 had been retabled as Amendment 248ZQA.

Amendments 244 to 248ZW

Moved by Baroness Hanham

244: Schedule 25, page 424, line 10, column 2, at beginning insert-

"Section 33(4), (6) and (7).

Section 34(5) and (6).

Section 38(4), (6) and (7).

Section 40(4), (6) and (7)."

244A: Schedule 25, page 424, line 36, at end insert-

"Parliamentary Commissioner Act 1967 (c. 13)

In Schedule 2, the entry for the Standards Board for England.

House of Commons Disqualification Act 1975 (c. 24)

In Schedule 1, in Part 2, the entry for the Standards Board for England.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

In Schedule 1, in Part 2, the entry for the Standards Board for England."

245: Schedule 25, page 424, line 36, at end insert-

"Local Government Act 1972 (c. 70)

In section 85(3A), the words "66A," and ", 78A".

In section 86(1)(b), the words "66A, 78A or".

In section 87(1)(ee), the words "66A, 78A or"."

245A: Schedule 25, page 424, line 43, at end insert-

"(da) subsection (5),"

245B: Schedule 25, page 424, line 47, at end insert-

", and

(g) subsections (8) to (10).

Audit Commission Act 1998 (c. 18)

In section 49(1)(de), the words "an ethical standards officer or".

Data Protection Act 1998 (c. 29)

In section 31-

(a) in subsection (7), paragraph (b) (but not the word "or" at the end of that paragraph), and

(b) in subsection (8)(b), the words ", or to an ethical standards officer,"."



17 Oct 2011 : Column 149

246: Schedule 25, page 424, line 47, at end insert-

"Greater London Authority Act 1999 (c. 29)

In section 6(5), the words "66A," and ", 78A".

In section 13(2), the words "66A," and ", 78A"."

246A: Schedule 25, page 427, line 29, at end insert-

"Freedom of Information Act 2000 (c. 36)

In Schedule 1, in Part 6, the entry for the Standards Board for England."

247: Schedule 25, page 428, line 26, column 2, at end insert-

"Section 201(4)(b) and (c)."

248: Schedule 25, page 431, line 3, at end insert-

"In section 113(3)(a), the words "52F(4), 52H(2), 52Q(2), 52S(2), 52X(6),".

Local Government Act 1999 (c. 27)

In Schedule 1, paragraph 9(b)."

248ZA: Schedule 25, page 431, line 14, column 2, after "(2)," insert "the paragraph (a) inserted in relation to authorities in England by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), and"

248ZB: Schedule 25, page 431, line 25, column 2, after "(7)(a)," insert "in sub-paragraph (i), the words "general fund or (as the case may be)", and"

248ZC: Schedule 25, page 431, leave out line 45 and insert-

"In section 43-

(a) in subsection (2)(a), the words from ", other than" to "1988 Act",

(b) in subsection (3)(a), sub-paragraph (iii) and the word "or" immediately preceding that sub-paragraph (but not the word "and" at the end of that sub-paragraph), and

(c) subsection (5).

In section 44-

(a) subsection (3), and

(b) in subsection (4), the words "or subsection (3) above"."

248ZD: Schedule 25, page 433, line 8, at end insert-

"Town and Country Planning Act 1990 (c. 8)

In Schedule 1-

(a) paragraph 7(2)(a), (3), (5)(a), (9) and (11), and

(b) in paragraph 7(10), paragraph (b) and the "or" immediately preceding it."

248ZE: Schedule 25, page 433, line 9, leave out "70" and insert "70(1) to (4) and (6) to (8) and 71"

248ZF: Schedule 25, page 433, line 10, leave out "82(2) and (3)" and insert "82(3)"

248ZG: Schedule 25, page 433, column 2, leave out lines 19 to 23

248ZH: Schedule 25, page 434, line 27, at end insert-

"Section 70(5)."

248ZJ: Schedule 25, page 434, line 38, after "82(1)" insert "and (2)"

248ZK: Schedule 25, page 434, line 44, at end insert-

"Localism Act 2011

In Schedule 8, paragraphs 13(1), 17A and 17B."

248ZL: Schedule 25, page 435, line 13, at end insert-



17 Oct 2011 : Column 150

"In section 264(5)(b), the words "or a local development order".

Planning and Compulsory Purchase Act 2004 (c. 5)

In section 38(2), the word "and" at the end of paragraph (a).

Section 40(2)(b) to (k)."

248ZLA: Schedule 25, page 435, line 25, at end insert-

"Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941)

In Schedule 1, paragraph 157."

248ZM: Schedule 25, page 436, line 27, at end insert-

"Section 70."

248ZN: Schedule 25, page 439, leave out line 5

248ZP: Schedule 25, page 440, line 5, leave out "subsection (8)(a)," and insert "in subsection (8), paragraph (a) and the word "and" at the end of that paragraph."

248ZQ: Schedule 25, page 440, line 17, leave out "(d) paragraph 4,"

248ZQA: Schedule 25, page 441, line 31, column 2, leave out from "section" to "the" in line 32 and insert "214(4),"

248ZR: Schedule 25, page 442, line 17, leave out "62(a) and (b)" and insert "62(b)"

248ZS: Schedule 25, page 442, leave out lines 37 to 40

248ZT: Schedule 25, page 445, line 20, at end insert-

"Local Democracy, Economic Development and Construction Act 2009 (c. 20)

Section 35(2)(q).

In Schedule 5, paragraph 6."

248ZU: Schedule 25, page 445, leave out lines 28 to 32

248ZV: Schedule 25, page 446, line 18, leave out "Section 17(10) and (11)." and insert-

"In section 20-

(a) in the opening words, the words "and appeals under section eighteen of this Act" and the word "respectively", and

(b) paragraphs (b) and (d).

Section 21.

Local Government, Planning and Land Act 1980 (c. 65)

Section 121(1).

In section 121(2)-

(a) the words "Section 17 of the Land Compensation Act 1961 and", and

(b) the word "each".

In Schedule 24, Part 1.

In Schedule 33-

(a) in paragraph 5(1), the words "2(2), 15(5) and", and

(b) paragraph 5(2) and (3)."

248ZW: Schedule 25, page 446, line 21, at end insert-



17 Oct 2011 : Column 151

"Planning and Compensation Act 1991 (c. 34)

Sections 64 and 65.

In Schedule 6, paragraph 1(1)(a).

In Schedule 15-

(a) in paragraph 15(1), the words "section 14(1) of" and the words after "1961", and

(b) paragraphs 15(2) and 16(a).

Tribunals and Inquiries Act 1992 (c. 53)

In Schedule 3, paragraph 1.

Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307)

In Schedule 1, paragraph 42."

Amendments 244 to 248ZW agreed.

Clause 224 : Financial provisions

Amendment 248A

Moved by Baroness Hanham

248A: Clause 224, page 202, line 36, leave out "the Secretary of State" and insert "a Minister of the Crown"

Amendment 248A agreed.

Amendment 249

Moved by Lord Jenkin of Roding

249: After Clause 224, insert the following new Clause-

"Post-legislative impact assessment

(1) The Secretary of State must produce and lay before Parliament an assessment of additional expenditure incurred by relevant authorities as a direct consequence of this Act within two years of the Act's commencement.

(2) This assessment will be known as the Localism Act post-legislative impact assessment.

(3) A relevant authority must supply the Secretary of State with such financial information as the Secretary of State may specify for the purposes of enabling the Secretary of State to exercise functions under this section.

(4) In producing the Localism Act post-legislative impact assessment, the Secretary of State must have regard to-

(a) any relevant guidance issued in relation to new financial burdens placed on local authorities;

(b) any relevant pre-commencement regulatory impact assessment; and

(c) information submitted by relevant authorities as the Secretary of State may require.

(5) In this section "relevant authorities" means-

(a) county councils in England;

(b) district councils in England;

(c) London borough councils;

(d) the Common Council of the City of London in its capacity as a local authority;

(e) the Greater London Authority;

(f) the Council of the Isles of Scilly."

Lord Jenkin of Roding: My Lords, my estimate as to when we would reach the end of Report took me up to midnight, so I reckon that I have 25 minutes in which to speak. Like my noble friend Lord Attlee, I have two speeches. One was a very short speech which said, "I think this is a good idea". The other one was a rather longer speech which said, "I think that this is a very good idea". The Explanatory Notes to the Localism Bill estimated at paragraph 491 that the charge to local authorities would amount to £21 million per annum. I have seen an estimate of the net value of all the changes in the Bill as having a range of between £20 billion and £35 billion. There have been changes and many amendments to the Bill. However, local authorities are worried that they will still have to meet

17 Oct 2011 : Column 152

expenses substantially in excess of the Government's estimate of £21 million. The purpose of this measure, which is not, of course, a full post-legislative assessment-I have no doubt that the Government will want to do that anyway-is to place a very firm date on when there should be an estimate of the actual costs that will be incurred by local authorities.

I have here a three-page speech but I will not read it out. However, it seems to me that given that so much of this Bill has affected the way that local authorities are to carry out their duties, it is only fair for the Government to be prepared to have that estimate examined so that there can be a proper assessment of what local authorities have to pay and what will otherwise fall on council tax payers. I will read no more of my speech but I think this is a very just proposal which is supported by the local authorities. I beg to move.

Lord Beecham: My Lords, it is fitting that the noble Lord, Lord Jenkin, should effectively conclude Report stage after his many distinguished contributions to the Bill's proceedings thus far and, indeed, his previous very substantial record in government. I have a couple of questions. I entirely endorse the thrust of the noble Lord's amendment. I hope that it will be acceptable to the Government. This is more a matter of process. We are not entirely clear how the new system of post-legislative scrutiny will work and what pieces of legislation will be included in it. I hope that this will be one of them. I do not know whether the Minister can indicate whether that is so but in any case it is understood from the impact analysis that the Government intend to draw up the finer details of the review methodology in the months ahead, as they put it. Since the relevant document was written some time ago, that will presumably be done through a soon to be formed Localism Bill review steering group. Has such a group been formed or will it be formed? Who will be involved in it if it has not already been set up? When is it likely to report? How will it work? These are the crucial procedural questions. The noble Lord, Lord Jenkin, rightly refers to the financial aspect and we entirely endorse the view that as this will effectively be a new burden on local government, it will presumably be within the new burdens doctrine. It will be good to have an assurance on the record that any additional costs of that kind will be met by central government.

Lord Shutt of Greetland: My Lords, Amendment 249 would mean that the department has to produce a post-legislative impact assessment setting out the additional expenditure incurred by relevant authorities as a direct consequence of this Bill. An established process is already in place for post-legislative scrutiny of Acts. As set out in Cabinet Office guidance, departments are required to submit a memorandum to their departmental select committees three to five years after Royal Assent of an Act. This memorandum sets out a preliminary assessment on how the Act has worked out in practice, relative to objectives and benchmarks identified during the passage of the Bill.

In addition, each of the individual impact assessments for the specific policies in the Bill is accompanied by a post-implementation review plan. The amendment to insert a further requirement to produce a post-legislative

17 Oct 2011 : Column 153

impact assessment is therefore unnecessary. Inevitably, putting the provisions of this Bill into practice will mean local authorities taking on some new responsibilities. However, the Government are committed to ensuring that any additional burdens on councils are funded in accordance with the new burdens doctrine. The impact of the Bill has been assessed in the usual way, and the necessary funding will be made available.

I regret that I am not cited on the localism group referred to by the noble Lord, Lord Beecham. Obviously, I shall have to drop him a line on that point. I hope that my noble friend Lord Jenkin will feel able to withdraw his amendment.

Lord Jenkin of Roding: My Lords, I am very grateful for the kind remarks made by the noble Lord, Lord Beecham. I am not wholly reassured because this is such a very special and particular post-legislative assessment that it will be necessarily picked up in that form by the full PIR. However, my noble friend has made the Government's case on this. I have argued that local authorities generally want to know early the total extra burden, but I am happy to withdraw the amendment.

Amendment 249 withdrawn.

Clause 225 : Extent

Amendment 249A not moved.

Amendments 249AA and 249AB

Moved by Baroness Hanham

249AA: Clause 225, page 202, line 41, at end insert-

"(za) Part 2,"

249AB: Clause 225, page 203, line 7, at beginning insert "Part 2,"

Amendments 249AA and 249AB agreed.

Amendment 249B had been retabled as Amendment 249BA.



17 Oct 2011 : Column 154

Amendment 249BA

Moved by Baroness Hanham

249BA: Clause 225, page 203, line 10, at end insert ", subject to subsection (6).

(6) Any amendment or repeal made by this Act in the Transport Act 1968, and the repeal of section 121(1) of the Local Government, Planning and Land Act 1980, extend to England and Wales only."

Amendment 249BA agreed.

Clause 226 : Commencement

Amendments 249C to 249F

Moved by Baroness Hanham

249C: Clause 226, page 203, line 15, at end insert-

"( ) section (Arrangements for provision of services and discharge of functions),"

249CA: Clause 226, page 203, line 21, leave out paragraph (h)

249D: Clause 226, page 203, line 26, leave out ", 28 and 31" and insert "and 28"

249DA: Clause 226, page 203, line 38, leave out "and 136," and insert ", 136 and 149(2A)(b) and (c),"

249E: Clause 226, page 204, line 11, at end insert-

"(ga) Part (EU fines: Wales),"

249F: Clause 226, page 204, line 31, at end insert "to (3C), paragraphs 1, 13(1), 17A and 17B of Schedule 8 and section 97(5) so far as relating to those provisions of that Schedule"

Amendments 249C to 249F agreed.

Amendment 250 not moved.

In the Title

Amendment 251

Moved by Baroness Hanham

251: In the Title, line 2, leave out "Local Commission for" and insert "Commission for Local"

Amendment 251 agreed.

House adjourned at 11.44 pm.


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