217A Political activities of officers and staff etc
(1) Section 1 of the LGHA 1989 (disqualification and political restriction of certain officers and staff), and sections 2 and 3A of that Act so far as they have effect for the purposes of section 1, apply in relation to an MDC outside London as if it were a local authority.
(2) Section 5 of the LGHA 1989 (designation and reports of monitoring officer) applies in relation to a combined authority or CCA as if an MDC for an area in the area of the combined authority or CCA were a committee of the combined authority or CCA.
(3) In this section—
“LGHA 1989” means the Local Government and Housing Act 1989;
“MDC outside London” means an MDC for an area in the area of a combined authority or CCA.
(1) In this section—
“transfer scheme” means a scheme under section 197(2D), 200(1) or (4) or 216(1);
“transferee”, in relation to a transfer scheme, means the person to whom property, rights or liabilities are transferred by the scheme;
“transferor”, in relation to a transfer scheme, means the person from whom property, rights or liabilities are transferred by the scheme.
(2) The things that may be transferred under a transfer scheme include—
(a) property, rights or liabilities that could not otherwise be transferred;
(b) property acquired, and rights and liabilities arising, after the making of the scheme.
(3) A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—
(a) make provision for certificates issued by the Secretary of State to be conclusive evidence that property has been transferred;
(b) create rights, or impose liabilities, in relation to property or rights transferred;
(c) make provision about the continuing effect of things done (or having effect as if done) by or in relation to the transferor in respect of anything transferred;
(d) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
(e) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
(f) make provision for the shared ownership or use of property.
(4) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to a transfer under a transfer scheme where the transfer relates to rights or liabilities under a contract of employment (whether or not it is a relevant transfer for the purposes of those regulations).
(5) A transfer scheme may provide—
(a) for modification by agreement;
(b) for modifications to have effect from the date when the original scheme came into effect.
(6) In this section “rights” and “liabilities” include rights, or (as the case may be) liabilities, in relation to a contract of employment.
(1) The Mayor may give guidance to an MDC as to the exercise of any of the MDC's functions.
(2) Before giving guidance under this section, the Mayor must consult such persons as the Mayor considers appropriate.
(3) The Mayor must publish any guidance given under this section as soon as reasonably practicable after giving it.
(4) The Mayor may revoke guidance given under this section.
(5) The Mayor must—
(a) consult, before revoking guidance given under this section, such persons as the Mayor considers appropriate, and
(b) publish the fact that guidance given under this section has been revoked as soon as reasonably practicable after the revocation of the guidance.
(6) An MDC must, in exercising its functions, have regard to any guidance given to it under this section that is for the time being in force.
(7) References in this section to giving guidance include references to giving guidance by varying existing guidance.
(1) The Mayor may give an MDC general or specific directions as to the exercise of any of the MDC's functions.
(2) The Mayor must publish any directions given under this Chapter by the Mayor as soon as reasonably practicable after giving them.
(3) The Mayor—
(a) may revoke any directions given under this Chapter by the Mayor, and
(b) must publish the fact that directions given under this Chapter have been revoked as soon as reasonably practicable after the revocation.
(4) An MDC must comply with any directions given by the Mayor under this Chapter that are in force in relation to the MDC.
(5) Subsections (2) and (3)(b) do not apply to directions given under paragraph 8(1) of Schedule 21.
(6) References in this Chapter to the Mayor giving directions include references to the Mayor giving directions by varying existing directions.
(1) A relevant consent may be given—
(a) unconditionally or subject to conditions, and
(b) generally or specifically.
(2) The Mayor may vary or revoke a relevant consent except in the case of anything already done, or agreed to be done, on the authority of it.
(3) A variation or revocation under subsection (2) does not have effect until the Mayor has served notice of it on the person to whom the relevant consent was given.
(4) In this section “relevant consent” means a consent of the Mayor required under this Chapter.
223 Delegation of functions by Ministers to the Mayor
(1) The Greater London Authority Act 1999 is amended as follows.
(2) After section 39 insert—
Delegation to Mayor of Ministers' functions
Delegation by Ministers
39A (1) A Minister of the Crown may, to such extent and subject to such conditions as that Minister thinks fit, delegate to the Mayor any of that Minister's eligible functions.
(2) A function is eligible for the purposes of subsection (1) above if—
(a) it does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and
(b) the Secretary of State considers that it can appropriately be exercised by the Mayor.
(3) No delegation under subsection (1) above, and no variation of a delegation under subsection (1) above, may be made without the agreement of the Mayor.
(4) Before making or varying a delegation under subsection (1) above, a Minister of the Crown must consult—
(a) each London borough council,
(b) the Common Council, and
(c) the Assembly.
(5) A delegation under subsection (1) above may be revoked at any time by any Minister of the Crown.
(6) Section 38 above does not apply in relation to functions delegated under subsection (1) above.
(3) In section 409 (schemes for the transfer of property, rights and liabilities)—
(a) after subsection (1) (Ministers may make schemes transferring property etc of the Crown) insert—
(1A) A Minister of the Crown may make a scheme for the transfer from the Authority to the Crown of such property, rights or liabilities as the Minister of the Crown may consider appropriate in consequence of the revocation of a delegation under section 39A(1) above of a function of any Minister of the Crown.
, and
(b) in subsections (6) and (7) (provision that may be included in scheme under subsection (1) or (2)) after “subsection (1)” insert “ , (1A) ”.
224 Authority may be required to carry on commercial activities through a taxable body
(1) The Greater London Authority Act 1999 is amended as follows.
(2) After section 34 insert—
Restriction on exercise of certain powers except through a taxable body
34A (1) The Authority may carry on specified activities for a commercial purpose only if it does so—
(a) through a company that is a subsidiary of the Authority, or
(b) in pursuance of an authorisation under section 38(1), through—
(i) a body that is specified in section 38(2) and is within the charge to corporation tax, or
(ii) a company that is a subsidiary of a body specified in section 38(2).
(2) Subsection (3) applies if—
(a) the Authority carries on a specified activity for a commercial purpose otherwise than as permitted by subsection (1), and
(b) the activity is actually carried on by a body (whether the Authority or another) that, disregarding this section, is in respect of the carrying-on of the activity exempt from corporation tax and income tax.
(3) The body mentioned in subsection (2)(b) is to be treated in respect of the carrying-on of the activity as not being a local authority for the purposes of—
(a) section 984 of the Corporation Tax Act 2010 (exemption of local authorities from corporation tax),
(b) section 838 of the Income Tax Act 2007 (exemption of local authorities from income tax), and
(c) section 271 of the Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).
(4) In this section—
“company” means—
a company within the meaning given by section 1(1) of the Companies Act 2006, or
a society registered or deemed to be registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969, and
“specified activity” means an activity specified in an order made by the Secretary of State with the consent of the Treasury.
(3) In section 420(8) (orders subject to annulment) after the entry for section 25 insert— “ section 34A; ”.
(1) Before section 352 of the Greater London Authority Act 1999 insert—
The Mayor's Environment Strategy for London
The London Environment Strategy
351A (1) The Mayor shall prepare and publish a document to be known as the “London Environment Strategy” (“the Strategy”).
(2) The Strategy must contain a general assessment by the Mayor of the environment in Greater London, so far as relevant to the functions of the Authority or of the Mayor.
(3) The Strategy must contain provisions dealing with the Mayor's policies and proposals in relation to each of the following matters in relation to Greater London—
(a) biodiversity;
(b) municipal waste management;
(c) climate change mitigation and energy;
(d) adaptation to climate change;
(e) air quality; and
(f) ambient noise.
(4) The provisions of the Strategy dealing with a matter specified in a paragraph of subsection (2) must also contain anything required to be included in them by any other provision of this Act.
(5) The Strategy may also include provisions dealing with the Mayor's policies and proposals in relation to any other matter relating to the environment in Greater London.
(6) In preparing or revising the provisions of the Strategy dealing with a matter mentioned in subsection (3), the Mayor's duty under section 42(1)(e) applies as if it were a duty to consult any person or body whom the Mayor considers it appropriate to consult in relation to those provisions (and section 42(2) applies accordingly).
(7) Where the Strategy is revised, the Mayor must publish it as revised.
(8) In this Act references to the London Environment Strategy include, unless the context otherwise requires, a reference to the Strategy as revised.
Guidance
351B (1) The Secretary of State may give to the Mayor guidance—
(a) about the content of the London Environment Strategy;
(b) in relation to the preparation or revision of that Strategy.
(2) The guidance that may be given under subsection (1)(a) includes guidance as to matters which the Secretary of State considers the Mayor should, or should not, consider dealing with by formulating policies and proposals under section 351A(5).
(3) The guidance that may be given under subsection (1)(b) includes—
(a) guidance specifying or describing the bodies or persons whom the Secretary of State considers the Mayor should consult in preparing or revising the London Environment Strategy or, as the case may be, the provisions dealing with a matter specified in the guidance;
(b) guidance as to the evidence of environmental change or its consequences, or the predictions of environmental change or its consequences, to which the Secretary of State considers the Mayor should have regard in preparing or revising that Strategy or, as the case may be, the provisions dealing with a matter specified in the guidance.
(4) In preparing or revising the London Environment Strategy the Mayor must have regard to any relevant guidance given under this section.
Directions as to the content of the London Environment Strategy
351C (1) Where the Secretary of State considers that any of the conditions specified in subsection (2) is satisfied in relation to any provisions of the London Environment Strategy, the Secretary of State may give the Mayor a direction as to the content of those provisions.
(2) The conditions are—
(a) that the provisions are inconsistent with any policies announced by Her Majesty's government with respect to the matters to which they relate and the inconsistency would have a detrimental effect on achieving any of the objectives of those policies;
(b) that the provisions or their implementation are likely to be detrimental to any area outside Greater London;
(c) that the provisions are inconsistent with any EU obligation of the United Kingdom.
(3) A direction under this section may require the Mayor to make specified revisions of the London Environmental Strategy.
(4) The power of the Secretary of State to give a direction under this section may only be exercised after consultation with the Mayor.
(5) Where the Secretary of State gives a direction under this section, the Mayor must comply with the direction.
(2) Schedule 23 (which contains minor and consequential amendments to the Greater London Authority Act 1999 relating to the London Environment Strategy) has effect.
226 Abolition of Mayor's duty to prepare state of the environment reports
Section 351 of the Greater London Authority Act 1999 (which provides for four-yearly reports by the Mayor on the environment in Greater London) ceases to have effect.
(1) Section 41 of the Greater London Authority Act 1999 (general duties of the Mayor in relation to his strategies) is amended as follows.
(2) In subsection (5)(a), for “and with such international obligations” substitute “ , with the EU obligations of the United Kingdom and with such other international obligations of the United Kingdom ”.
(3) After subsection (9) insert—
(9A) In exercising any function the Mayor must have regard to any strategy mentioned in subsection (1) which is relevant to the exercise of that function.
(4) Subsection (10) ceases to have effect.
228 Simplification of the consultation process for the Mayor's strategies
(1) Section 42A of the Greater London Authority Act 1999 (which requires the Mayor to follow a two stage process in preparing or revising a strategy to which section 42 applies) ceases to have effect.
(2) In section 335 of that Act (public participation in preparation of the spatial development strategy)—
(a) subsections (1) to (1B) cease to have effect,
(b) in subsection (2), for the words from the beginning to “finally” substitute “ Before ”, and
(c) in subsection (3), after paragraph (a) insert—
(aa) the Assembly and the functional bodies;
.
229 London Assembly's power to reject draft strategies
Before section 43 of the Greater London Authority Act 1999 (publicity and availability of strategies) insert—
Assembly's power to reject draft strategies
42B (1) This section applies where the Mayor has prepared, and is ready to publish, a draft of any of the strategies to which section 41 applies (including a revised version of the strategy).
(2) But this section does not apply to a revised version of a strategy containing only revisions which—
(a) are specified in a direction as to the contents of the strategy which is given to the Mayor under this Act (or which the Mayor considers are necessary in consequence of any revisions so specified); or
(b) are not so specified but the Mayor considers to be necessary to comply with such a direction.
(3) Before publishing the strategy (or, in the case of the housing strategy, before submitting the draft to the Secretary of State) the Mayor must lay a copy of the draft before the Assembly in accordance with the standing orders of the Authority.
(4) The Mayor must not publish the strategy (or, in the case of the housing strategy, submit the draft to the Secretary of State) if, within the period of 21 days beginning with the day on which the copy is laid before the Assembly, the Assembly resolves to reject the draft.
(5) A motion for the Assembly to reject a draft strategy—
(a) must be considered at a meeting of the Assembly throughout which members of the public are entitled to be present; and
(b) is not carried unless it is agreed to by at least two thirds of the Assembly members voting.
230 Sharing of administrative etc services by London authorities
(1) Section 401A of the Greater London Authority Act 1999 (sharing of administrative etc services by the Greater London Authority and functional bodies) is amended as follows.
(2) In subsection (1) (definition of “constituent body”)—
(a) for “constituent body” substitute “ relevant London authority ”, and
(b) at the end of paragraph (b) insert
,
(c) the London Pensions Fund Authority,
(d) the London Transport Users' Committee,
(e) the Commissioner of Police of the Metropolis, and
(f) such person or body falling within subsection (1A) as the Secretary of State may specify by order.
(3) After that subsection insert—
(1A) A person or body falls within this subsection if the person or body exercises functions of a public nature in relation only to—
(a) Greater London,
(b) a part of Greater London, or
(c) a part of England including Greater London or a part of Greater London.
(4) In subsection (2) (power of constituent bodies to enter into arrangements for provision of administrative etc services) for “constituent bodies” substitute “ relevant London authorities ”.
(5) In subsection (3) (arrangements may include discharge of functions by one constituent body on behalf of another)—
(a) for “constituent bodies” substitute “ relevant London authorities ”, and
(b) for “constituent body” substitute “ relevant London authority ”.
(6) In subsection (4) (power of constituent bodies to form joint committees) for “constituent bodies” substitute “ relevant London authorities ”.
(7) In subsection (5) (joint committee to be treated as separate from constituent bodies for purposes of section)—
(a) for “constituent body” substitute “ relevant London authority ”, and
(b) for “constituent bodies” substitute “ relevant London authorities ”.
(8) After subsection (6) insert—
(6A) The Secretary of State must consult a person or body before making an order under subsection (1)(f) specifying that person or body.
(9) In section 420(8) of that Act (orders subject to annulment) after the entry for section 395 insert “ section 401A(1)(f); ”.
231 Transport for London: access to meetings and documents etc
(1) Part 5A of the Local Government Act 1972 (access to meetings and documents) is amended as follows.
(2) Amend section 100J (application of Part 5A to bodies other than principal councils) in accordance with subsections (3) to (6).
(3) In subsection (1) (list of authorities treated as principal councils for the purposes of the Part) after paragraph (bd) insert—
(be) Transport for London;
.
(4) In subsection (3) (reference in section 100A(6)(a) to council's offices includes other premises at which meeting to be held) after “(bd),” insert “ (be), ”.
(5) After subsection (3) insert—
(3YA) In its application by virtue of subsection (1)(be) above in relation to Transport for London, section 100E(3) has effect as if for paragraph (bb) there were substituted—
(bb) a committee of Transport for London (with “committee”, in relation to Transport for London, here having the same meaning as in Schedule 10 to the Greater London Authority Act 1999); or
.
(6) After subsection (4A) insert—
(4AA) In its application by virtue of subsection (1)(be) above in relation to Transport for London, section 100G shall have effect—
(a) with the substitution for subsection (1)(a) and (b) of—
(a) the name of every member of the council for the time being; and
(b) the name of every member of each committee or sub-committee of the council for the time being.
, and
(b) with the insertion in subsection (2)(b) after “exercisable” of “, but not an officer by whom such a power is exercisable at least partly as a result of sub-delegation by any officer”.
(7) In section 100K(1) (interpretation of Part 5A) in the definition of “committee or sub-committee of a principal council” for “section 100J(3ZA)(b)” substitute “ section 100J(3YA), (3ZA)(b) ”.
232 Taking account of planning permission when assessing compensation
(1) The Land Compensation Act 1961 is amended as follows.
(2) For sections 14 to 16 (assumptions as to planning permission) substitute—
Taking account of actual or prospective planning permission
14 (1) This section is about assessing the value of land in accordance with rule (2) in section 5 for the purpose of assessing compensation in respect of a compulsory acquisition of an interest in land.
(2) In consequence of that rule, account may be taken—
(a) of planning permission, whether for development on the relevant land or other land, if it is in force at the relevant valuation date, and
(b) of the prospect, on the assumptions set out in subsection (5) but otherwise in the circumstances known to the market at the relevant valuation date, of planning permission being granted on or after that date for development, on the relevant land or other land, other than—
(i) development for which planning permission is in force at the relevant valuation date, and
(ii) appropriate alternative development.
(3) In addition, it may be assumed—
(a) that planning permission is in force at the relevant valuation date for any development that is appropriate alternative development 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.
(4) For the purposes of this section, development is “appropriate alternative development” if—
(a) it is development, on the relevant land alone or on the relevant land together with other land, other than development for which planning permission is in force at the relevant valuation date, and
(b) on the assumptions set out in subsection (5) but otherwise in the circumstances known to the market at the relevant valuation date, planning permission for the development could at that date reasonably have been expected to be granted on an application decided—
(i) on that date, or
(ii) at a time after that date.
(5) The assumptions referred to in subsections (2)(b) and (4)(b) are—
(a) that the scheme of development underlying the acquisition had been cancelled on the launch date,
(b) that no action has been taken (including acquisition of any land, and any development or works) by the acquiring authority wholly or mainly for the purposes of the scheme,
(c) that there is no prospect of the same scheme, or any other project to meet the same or substantially the same need, being carried out in the exercise of a statutory function or by the exercise of compulsory purchase powers, and
(d) if the scheme was for use of the relevant land for or in connection with the construction of a highway (“the scheme highway”), that no highway will be constructed to meet the same or substantially the same need as the scheme highway would have been constructed to meet.
(6) In subsection (5)(a) “the launch date” means whichever of the following dates applies—
(a) if the acquisition is authorised by a compulsory purchase order, the date of first publication of the notice required under section 11 of the Acquisition of Land Act 1981 or (as the case may be) paragraph 2 of Schedule 1 to that Act,
(b) if the acquisition is authorised by any other order—
(i) the date of first publication, or
(ii) the date of service,
of the first notice that, in connection with the acquisition, is published or served in accordance with any provision of or made under any Act, or
(c) if the acquisition is authorised by a special enactment other than an order, the date of first publication of the first notice that, in connection with the acquisition, is published in accordance with any Standing Order of either House of Parliament relating to private bills;
and in paragraph (a) “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981.
(7) In subsection (5)(d) references to the construction of a highway include its alteration or improvement.
(8) If there is a dispute as to what is to be taken to be the scheme mentioned in subsection (5) (“the underlying scheme”) then, for the purposes of this section, the underlying scheme is to be identified by the Upper Tribunal as a question of fact, subject as follows—
(a) the underlying scheme is to be taken to be the scheme provided for by the Act, or other instrument, which authorises the compulsory acquisition unless it is shown (by either party) that the underlying scheme is a scheme larger than, but incorporating, the scheme provided for by that instrument, and
(b) except by agreement or in special circumstances, the Upper Tribunal may permit the acquiring authority to advance evidence of such a larger scheme only if that larger scheme is one identified in the following read together—
(i) the instrument which authorises the compulsory acquisition, and
(ii) any documents published with it.
(9) For the purposes of the references to planning permission in subsections (2)(a) and (b)(i) and (4)(a) and section 15(1)(b), it is immaterial whether any planning permission was granted—
(a) unconditionally or subject to conditions, or
(b) on an ordinary application, on an outline application or by virtue of a development order,
or is planning permission that, in accordance with any direction or provision given or made by or under any enactment, is deemed to have been granted.
Planning permission to be assumed for acquiring authority's proposals
15 (1) In a case where—
(a) the relevant interest is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for development of the relevant land or part of it, and
(b) planning permission for that development is not in force at the relevant valuation date,
it is to be assumed for the purposes of section 14(2)(a) and (b)(i) and (4)(a) that planning permission is in force at the relevant valuation date for the development of the relevant land or that part of it, as the case may be, in accordance with the proposals of the acquiring authority.
(2) For the purposes of subsection (1)(b), no account is to be taken of any planning permission so granted as not to enure (while the permission remains in force) for the benefit of the land and of all persons for the time being interested in the land.
(3) For sections 17 and 18 (certification of appropriate alternative development and appeals against certificates) substitute—
Certificates of appropriate alternative development
17 (1) Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, either of the parties directly concerned may (subject to subsection (2)) apply to the local planning authority for a certificate containing whichever of the following statements is the applicable statement—
(a) that in the local planning authority's opinion there is development that, for the purposes of section 14, is appropriate alternative development in relation to the acquisition;
(b) that in the local planning authority's opinion there is no development that, for the purposes of section 14, is appropriate alternative development in relation to the acquisition.
(2) If—
(a) the acquiring authority have served a notice to treat in respect of the interest or an agreement has been made for the sale of the interest to that authority, and
(b) a reference has been made to the Upper Tribunal to determine the amount of the compensation payable in respect of the interest,
no application for a certificate under this section may be made after the making of that reference by either of the parties directly concerned except with the consent in writing of the other party directly concerned or the permission of the Upper Tribunal.
(3) An application for a certificate under this section—
(a) must contain whichever of the following statements is the applicable statement—
(i) that in the applicant's opinion there is development that, for the purposes of section 14, is appropriate alternative development in relation to the acquisition concerned;
(ii) that in the applicant's opinion there is no development that, for the purposes of section 14, is appropriate alternative development in relation to the acquisition concerned;
(b) must, if it contains a statement under paragraph (a)(i), specify—
(i) each description of development that in the applicant's opinion is, for the purposes of section 14, appropriate alternative development in relation to the acquisition, and
(ii) the applicant's reasons for holding that opinion; and
(c) must be accompanied by a statement specifying the date on which a copy of the application has been or will be served on the other party directly concerned.
(4) Where an application is made to the local planning authority for a certificate under this section in respect of an interest in land, the local planning authority must not, without the agreement of the other party directly concerned, issue a certificate to the applicant before the end of 22 days beginning with the date specified in the statement under subsection (3)(c).
(5) If a certificate under this section contains a statement under subsection (1)(a) it must also—
(a) identify every description of development (whether specified in the application or not) that in the local planning authority's opinion is, for the purposes of section 14, appropriate alternative development in relation to the acquisition concerned, and
(b) give a general indication—
(i) of any conditions to which planning permission for the development could reasonably have been expected to be subject,
(ii) of when the permission could reasonably have been expected to be granted if it is one that could reasonably have been expected to be granted only at a time after the relevant valuation date, and
(iii) of any pre-condition for granting the permission (for example, entry into an obligation) that could reasonably have been expected to have to be met.
(6) If a certificate under this section contains a statement under subsection (1)(a)—
(a) then, for the purposes of section 14, development is appropriate alternative development in relation to the acquisition concerned if, and only if, it is of a description identified in accordance with subsection (5)(a) in the certificate, and
(b) the matters indicated in accordance with subsection (5)(b) in the certificate are to be taken to apply in relation to the planning permission that under section 14(3) may be assumed to be in force for that development.
(7) If a certificate under this section contains a statement under subsection (1)(b) then, for the purposes of section 14, there is no development that is appropriate alternative development in relation to the acquisition concerned.
(8) References in subsections (5) to (7) to a certificate under this section include references to the certificate as varied and to any certificate issued in place of the certificate.
(9) On issuing to one of the parties directly concerned a certificate under this section in respect of an interest in land, the local planning authority must serve a copy of the certificate on the other of those parties.
(10) In assessing any compensation payable to any person in respect of any compulsory acquisition, there must be taken into account any expenses reasonably incurred by the person in connection with the issue of a certificate under this section (including expenses incurred in connection with an appeal under section 18 where any of the issues are determined in the person's favour).
(11) For the purposes of this section and sections 18 to 20, the Broads Authority is the sole district planning authority for the Broads; and here “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.
Appeal to Upper Tribunal against certificate under section 17
18 (1) Where the local planning authority have issued a certificate under section 17 in respect of an interest in land—
(a) the person for the time being entitled to that interest, or
(b) any authority possessing compulsory purchase powers by whom that interest is proposed to be, or is, acquired,
may appeal to the Upper Tribunal against that certificate.
(2) On any appeal under this section against a certificate, the Upper Tribunal—
(a) must consider the matters to which the certificate relates as if the application for a certificate under section 17 had been made to the Upper Tribunal in the first place, and
(b) must—
(i) confirm the certificate, or
(ii) vary it, or
(iii) cancel it and issue a different certificate in its place,
as the Upper Tribunal may consider appropriate.
(3) Where an application is made for a certificate under section 17, and at the expiry of the time prescribed by a development order for the issue of the certificate (or, if an extended period is at any time agreed upon in writing by the parties and the local planning authority, at the end of that period) no certificate has been issued by the local planning authority in accordance with that section, the preceding provisions of this section apply as if the local planning authority has issued such a certificate containing a statement under section 17(1)(b).
(4) In section 20 (power to prescribe matters relevant to Part 3) omit—
(a) in the opening words—
(i) the words “and appeals under section eighteen of this Act”, and
(ii) the word “respectively”,
(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).
(5) Omit section 21 (proceedings for challenging validity of decision on appeal under section 18).
(6) In section 22 (interpretation of Part 3)—
(a) in subsection (1) (meaning of “the parties directly concerned”) for “authority by whom it is proposed to be acquired” substitute “ acquiring authority ”, and
(b) in subsection (2) (interpretation of sections 17 and 18) for “and eighteen” substitute “ to nineteen ”.
(7) 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 ”.
(8) 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).
(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.
(1) Any power of a Minister of the Crown or the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.
(2) Any power of a Minister of the Crown or the Welsh Ministers to make an order or regulations under this Act (other than a power under section 240) includes—
(a) power to make different provision for different cases, circumstances or areas, and
(b) power to make incidental, supplementary, consequential, transitional or transitory provision or savings.
(3) The power under subsection (2)(a) includes, in particular, power to make different provision for different authorities or descriptions of authority (including descriptions framed by reference to authorities in particular areas).
(4) Provision or savings made under subsection (2)(b) may take the form of amendments, or revocations, of provisions of an instrument made under legislation.
(5) The generality of the power under subsection (2)(a) is not to be taken to be prejudiced by any specific provision of this Act authorising differential provision.
(6) A Minister of the Crown may not make an order or regulations to which subsection (7) applies unless a draft of the statutory instrument containing the order or regulations (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
(7) This subsection applies to—
(a) 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);
(b) an order under section 5(3), other than one that is made only for the purpose mentioned in section 7(5)(b);
(c) an order under section 5(4), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose;
(d) an order under section 8(2);
(e) an order under section 52;
(f) regulations under section 81(2)(d), (6)(e) or (10) or 83(11);
(g) an order under section 87(4) or 96(7);
(ga) regulations under section 86A(5), section 86L(7), 86Z, 86Z4(2) or 86Z5(6);
(h) regulations under section 101;
(i) an order under section 106(2) or 107(6);
(j) regulations under section 117;
(ja) regulations under section 197;
(k) an order or regulations under section 236 which amend or repeal a provision of an Act otherwise than in consequence of provision made by or under section 232;
(l) an order or regulations under section 236 which, in consequence of provision made by section 232, amend or repeal a provision of an Act other than a local or private Act.
(8) A statutory instrument that—
(a) contains an order or regulations made by a Minister of the Crown under this Act,
(b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, and
(c) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons,
is subject to annulment in pursuance of a resolution of either House of Parliament.
(9) Subsection (8) does not apply to—
(a) an order under section 5(1) (but see section 7),
(b) an order under section 5(2) which (in reliance on section 7(4)) is made in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 7(3),
(c) an order under section 15 (but see section 19),
(d) an order or regulations under Schedule 24, or
(e) an order under section 240.
(10) A statutory instrument that contains an order or regulations made by the Treasury under Schedule 24 is subject to annulment in pursuance of a resolution of the House of Commons.
(11) The Welsh Ministers may not make—
(a) an order or regulations under section 236 which amend or repeal a provision of legislation,
(b) an order under section 62,
(c) an order under section 87(4) or 96(7),
(d) regulations under section 101, or
(e) an order under section 106(4) or 107(6),
unless a draft of the statutory instrument containing the order or regulations (whether alone or with other provisions) has been laid before, and approved by a resolution of, the National Assembly for Wales.
(12) A statutory instrument that—
(a) contains an order or regulations made by the Welsh Ministers under this Act, and
(b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, the National Assembly for Wales,
is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(13) Subsection (12) does not apply to an order under section 240.
(14) If a draft of a statutory instrument containing an order under section 52 or regulations under section 197 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.
(15) In this section—
“legislation” means—
an Act, or
a Measure or Act of the National Assembly for Wales;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.
236 Power to make further consequential amendments
(1) The appropriate authority may by order or regulations make such provision amending, repealing or revoking legislation as the appropriate authority considers appropriate in consequence of any provision made by or under this Act.
(2) In subsection (1) “appropriate authority”—
(a) in relation to sections 9, 10, 25, 38 to 43, 45, 46, 68, 69, 87 to 108, 148, 149 and 162(3)(b) and (c), and Parts 2, 6, 7, 9, 10 and 22 of Schedule 25 and section 237 so far as relating to those Parts, means—
(i) the Secretary of State in relation to England, and
(ii) the Welsh Ministers in relation to Wales,
(b) in relation to Part 3 and section 80, and Part 14 of Schedule 25 and section 237 so far as relating to that Part, means the Welsh Ministers, and
(c) in relation to any other provision made by or under this Act means the Secretary of State.
(3) In subsection (1) “legislation”, in relation to any provision made by or under this Act, means—
(a) this Act or any Act passed before, or in the same Session as, this Act, or
(b) any instrument made under this or any other Act before the coming into force of the provision.
(4) In subsection (3) “Act” (except in the phrase “this Act”) includes an Act or Measure of the National Assembly for Wales.
There is to be paid out of money provided by Parliament—
(a) any expenditure incurred by a Minister of the Crown under this Act, and
(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.
(1) This Act extends to England and Wales only, subject as follows.
(2) The following provisions extend also to Scotland—
(a) Part 2,
(b) section 128(1) and (3) to (6),
(c) section 233 and Schedule 24, and
(d) sections 235, 236 and 238, this section and sections 240 and 241.
(3) Section 129 extends also to Scotland, but only so far as required for the purpose mentioned in section 240(4) of the Planning Act 2008 (construction of certain cross-border pipelines).
(4) Part 2, sections 233, 235, 236 and 238, this section and sections 240 and 241, and Schedule 24, extend also to Northern Ireland.
(5) Any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates, 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.
(1) The following provisions come into force at the end of 2 months beginning with the day on which this Act is passed—
(a) section 25,
(b) Chapter 8 of Part 1 so far as relating to England,
(c) section 44,
(d) section 45,
(e) section 47,
(f) section 71,
(g) section 80,
(h) sections 111 to 113,
(i) section 143,
(j) section 177,
(k) section 183 and Schedule 18,
(l) Chapter 2 of Part 8, except section 197(3)(e) and (f) and (5), and
(m) Parts 6, 8, 14, 17 and 29 of Schedule 25, and section 237 so far as relating to those Parts.
(2) Subject to subsections (1) and (3) to (6), provisions of this Act come into force on such day as the Secretary of State may by order appoint.
(3) The following provisions so far as relating to Wales come into force on such day as the Welsh Ministers may by order appoint—
(a) Chapter 8 of Part 1,
(b) section 46,
(c) section 68,
(d) section 69,
(e) Chapter 3 of Part 5 except so far as it is brought into force by subsection (5)(f) and (g),
(f) sections 148, 149 and 162(3)(b) and (c), and
(g) Parts 7, 9, 10 and 22 of Schedule 25, and section 237 so far as relating to those Parts.
(4) The following provisions come into force on such day as the Welsh Ministers may by order appoint—
(a) section 9(1) so far as it inserts—
(i) new sections 5A and 5B so far as relating to fire and rescue authorities in Wales,
(ii) new sections 5C and 5D so far as relating to power of the Welsh Ministers to make orders, and
(iii) new sections 5F to 5L,
(b) section 9(2) so far as relating to fire and rescue authorities in Wales,
(c) section 9(3), (6) and (7)(a) and (c),
(d) section 9(7)(b) so far as it inserts new section 62(1A)(a) and (d),
(e) section 9(7)(b) so far as it inserts new section 62(1A)(b) so far as relating to power of the Welsh Ministers to make orders,
(f) section 10(1) to (3) and (5) so far as relating to fire and rescue authorities in Wales,
(g) section 10(4),
(h) Part 3,
(j) the following so far as relating to fire and rescue authorities in Wales—
(i) in Part 2 of Schedule 25, the entries for sections 5 and 19 of the Fire and Rescue Services Act 2004, and
(ii) section 237 so far as relating to those entries, and
(k) in Part 2 of Schedule 25, the entry for section 62(3) of the Fire and Rescue Services Act 2004, and section 237 so far as relating to that entry.
(5) The following provisions come into force on the day on which this Act is passed—
(a) section 23,
(b) paragraphs 57 and 58 of Schedule 4, and section 26 so far as relating to those paragraphs,
(c) section 37,
(d) Chapter 2 of Part 5 so far as it confers power on the Secretary of State to make regulations,
(e) section 86,
(f) Chapter 3 of Part 5 so far as it confers power on the Secretary of State, or the Welsh Ministers, to make regulations or orders,
(g) sections 103 and 104,
(h) section 109(1)(b) and (2) to (6), paragraphs 1, 13(1), 18 and 19 of Schedule 8 and section 109(7) so far as relating to those provisions of that Schedule,
(i) section 110,
(j) sections 116 and 121 and Schedules 9 to 12 so far as those sections or Schedules confer power on the Secretary of State to make regulations or publish documents setting standards,
(k) sections 117 to 120,
(l) the provisions inserted by section 122 so far as they require or authorise the making of provision in a development order,
(m) section 144,
(n) sections 168 to 175,
(o) section 233 and Schedule 24 so far as they confer power on the Treasury to make regulations or orders,
(p) sections 234, 235, 236, 238, 239, this section and section 241, and
(q) Part 15 of Schedule 25, and section 237 so far as relating to that Part.
(6) Section 114 comes into force on the day after the day on which this Act is passed.
(7) An order under subsection (2), (3) or (4) may—
(a) appoint different days for different purposes;
(b) make such transitory or transitional provision, or savings, as the person making the order considers appropriate.
(8) The appropriate authority may by order make such transitory or transitional provision, or savings, as the appropriate authority considers appropriate in connection with the coming into force of any provision of this Act mentioned in subsection (1), (5) or (6).
(9) In subsection (8) “appropriate authority”—
(a) in relation to sections 25 and 45, and Part 6 of Schedule 25 and section 237 so far as relating to that Part, means—
(i) the Secretary of State in relation to England, and
(ii) the Welsh Ministers in relation to Wales,
(b) in relation to sections 80 and 104, and Chapter 3 of Part 5 so far as it confers power on the Welsh Ministers to make regulations or orders, means the Welsh Ministers, and
(c) in relation to any other provision mentioned in subsection (1), (5) or (6) means the Secretary of State.
SCHEDULE 2 New arrangements with respect to governance of English local authorities
Section 21
PART 1 New Part 1A of the Local Government Act 2000
1 After Part 1 of the Local Government Act 2000 insert—
PART 1A Arrangements with respect to local authority governance in England
CHAPTER 1 Permitted forms of governance
Permitted forms of governance for local authorities in England
9B (1) A local authority must operate—
(a) executive arrangements,
(b) a committee system, or
(c) prescribed arrangements.
(2) Executive arrangements must conform with any provisions made by or under this Part which relate to such arrangements (see, in particular, Chapter 2).
(3) A committee system must conform with any provisions made by or under this Part which relate to such a system (see, in particular, Chapter 3).
(4) In this Part—
“a committee system” means the arrangements made by a local authority, which does not operate executive arrangements or prescribed arrangements, for or in connection with the discharge of its functions in accordance with—
Part 6 of the Local Government Act 1972, and
this Part;
“executive arrangements” means arrangements by a local authority—
for and in connection with the creation and operation of an executive of the authority, and
under which certain functions of the authority are the responsibility of the executive;
“prescribed arrangements” means such arrangements as may be prescribed in regulations made by the Secretary of State under section 9BA.
Power of Secretary of State to prescribe additional permitted governance arrangements
9BA (1) The Secretary of State may by regulations make provision prescribing arrangements that local authorities may operate for and in connection with the discharge of their functions.
(2) In particular, the regulations—
(a) must include provision about how, and by whom, the functions of a local authority are to be discharged, and
(b) may include provision enabling functions to be delegated.
(3) Regulations under this section may, in particular, include provision which applies or reproduces (with or without modifications) any provisions of, or any provision made under, Chapters 2 to 4 of this Part.
(4) In considering whether or how to exercise the power in this section, the Secretary of State must have regard to any proposals made under subsection (5).
(5) A local authority may propose to the Secretary of State that the Secretary of State make regulations prescribing arrangements specified in the proposal if the authority considers that the conditions in subsection (6) are met.
(6) The conditions are—
(a) that the operation by the authority of the proposed arrangements would be an improvement on the arrangements which the authority has in place for the discharge of its functions at the time that the proposal is made to the Secretary of State,
(b) that the operation by the authority of the proposed arrangements would be likely to ensure that the decisions of the authority are taken in an efficient, transparent and accountable way, and
(c) that the arrangements, if prescribed under this section, would be appropriate for all local authorities, or for any particular description of local authority, to consider.
(7) A proposal under subsection (5)—
(a) must describe the provision which the authority considers should be made under subsection (2) in relation to the proposed arrangements, and
(b) explain why the conditions in subsection (6) are met in relation to the proposed arrangements.
CHAPTER 2 Executive arrangements
Local authority executives
Local authority executives
9C (1) The executive of a local authority must take a form specified in subsection (2) or (3).
(2) The executive may consist of—
(a) an elected mayor of the authority, and
(b) two or more councillors of the authority appointed to the executive by the elected mayor.
Such an executive is referred to in this Part as a mayor and cabinet executive.
(3) The executive may consist of—
(a) a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and
(b) two or more councillors of the authority appointed to the executive by the executive leader.
Such an executive is referred to in this Part as a leader and cabinet executive (England).
(4) A local authority executive may not include the chairman or vice-chairman of the authority.
(5) The number of members of a local authority executive may not exceed 10 or such other number as may be specified in regulations made by the Secretary of State.
(6) Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection (3)(a).
Executive functions
Functions which are the responsibility of an executive
9D (1) This section has effect for the purposes of determining which of the functions of a local authority that operates executive arrangements are the responsibility of an executive of the authority under those arrangements.
(2) Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of the local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.
(3) The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations—
(a) to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,
(b) to be a function which may be the responsibility of such an executive under such arrangements, or
(c) to be a function which—
(i) to the extent provided by the regulations, is to be the responsibility of such an executive under such arrangements, and
(ii) to the extent provided by the regulations, is not to be the responsibility of such an executive under such arrangements.
(4) Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—
(a) to be a function which is to be the responsibility of an executive of the authority,
(b) to be a function which is not to be the responsibility of such an executive, or
(c) to be a function which—
(i) to the extent provided by the arrangements, is to be the responsibility of such an executive, and
(ii) to the extent provided by the arrangements, is not to be the responsibility of such executive.
(5) The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority that operates executive arrangements—
(a) to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of the local authority, and
(b) to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.
(6) The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.
(7) A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.
(8) Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.
(9) In this section—
“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—
the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
the doing of anything incidental or conducive to the discharge of the function, or
the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b);
“function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.
Functions of an executive: further provision
9DA (1) Any reference in the following provisions of this Chapter to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of section 9D, the responsibility of the executive under such arrangements.
(2) Any function which is the responsibility of an executive of a local authority under executive arrangements—
(a) is to be regarded as exercisable by the executive on behalf of the authority, and
(b) may be discharged only in accordance with any provisions made by or under this Part or section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England) which apply to the discharge of any such function by that form of executive.
(3) Accordingly, any function which is the responsibility of an executive of a local authority under executive arrangements—
(a) may not be discharged by the authority,
(b) is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and
(c) may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 9EB.
(4) Subject to any provision made under subsection (5), any function of a local authority that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Chapter.
(5) The Secretary of State may by regulations make provision with respect to the discharge of any function of a local authority that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the local authority (including provision disapplying section 101 of the Local Government Act 1972 or any provision of that section).
(6) In this section “function” has the same meaning as in section 9D.
Discharge of functions
Discharge of functions: general
9E (1) Subject to any provision made under section 9EA or 9EB, any functions which, under executive arrangements, are the responsibility of—
(a) a mayor and cabinet executive, or
(b) a leader and cabinet executive (England),
are to be discharged in accordance with this section.
(2) The senior executive member—
(a) may discharge any of those functions, or
(b) may arrange for the discharge of any of those functions—
(i) by the executive,
(ii) by another member of the executive,
(iii) by a committee of the executive,
(iv) by an area committee, or
(v) by an officer of the authority.
(3) Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the senior executive member otherwise directs, the executive may arrange for the discharge of any of those functions—
(a) by a committee of the executive,
(b) by an area committee, or
(c) by an officer of the authority.
(4) Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the senior executive member otherwise directs, the member who may discharge the functions may arrange for the discharge of any of those functions—
(a) by an area committee, or
(b) by an officer of the authority.
(5) Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions—
(a) by an area committee, or
(b) by an officer of the authority.
(6) Where by virtue of this section any functions may be discharged by an area committee, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.
(7) Any arrangements made by virtue of this section by a senior executive member, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the senior executive member, executive, member or committee by whom the arrangements are made from exercising those functions.
(8) In this section—
“area committee”, in relation to a local authority, means a committee or sub-committee of the authority which satisfies the conditions in subsection (9);
“senior executive member” means—
in the case of a mayor and cabinet executive, the elected mayor;
in the case of a leader and cabinet executive (England), the executive leader.
(9) A committee or sub-committee of a local authority satisfies the conditions in this subsection if—
(a) the committee or sub-committee is established to discharge functions in respect of part of the area of the authority, and
(b) the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part.
Discharge of functions of and by another local authority
9EA (1) The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—
(a) by a relevant authority (other than the local authority), or
(b) by a relevant executive (other than an executive of the local authority) or a committee or specified member of such an executive.
(2) The Secretary of State may by regulations make provision for or in connection with enabling a relevant authority in England to arrange for the discharge of any of its functions by a relevant executive (other than an executive of the relevant authority) or a committee or specified member of such an executive.
(3) The reference in subsection (2) to the functions of a relevant authority in England, in a case where the authority is operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority's executive.
(4) Regulations under subsection (1) or (2) may, in particular, include provision—
(a) requiring, in the case of arrangements for the discharge of any functions by a relevant executive or a committee or member of such an executive, the approval of the authority of which the executive is part to such arrangements;
(b) which, in the case of arrangements for the discharge of any functions by a relevant authority, enables any of those functions to be delegated;
(c) which, in the case of arrangements for the discharge of any functions by a relevant executive or a committee or member of such an executive, enables any of those functions to be delegated.
(5) The provision made under subsection (4)(b) may, in particular, apply or reproduce (with or without modifications) any provisions of section 101(2) to (4) of the Local Government Act 1972.
(6) The provision made under subsection (4)(c) may, in particular, apply or reproduce (with or without modifications) any provisions of section 9E.
(7) In this section—
“relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;
“relevant executive” means an executive of a local authority under either this Part or Part 2;
“specified” means specified in regulations under this section.
Joint exercise of functions
9EB (1) The Secretary of State may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.
(2) The provision which may be made under subsection (1) includes, in particular, provision—
(a) as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,
(b) as to the circumstances in which—
(i) the authority, and
(ii) the executive or a committee or specified member of the executive,
are both to be parties to the arrangements,
(c) as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,
(d) as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,
(e) as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,
(f) as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a committee or specified member of the executive.
(3) In this section “specified” means specified in regulations under this section.
Overview and scrutiny committees
Overview and scrutiny committees: functions
9F (1) Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Chapter as overview and scrutiny committees).
(2) Executive arrangements by a local authority must ensure that its overview and scrutiny committee has power (or its overview and scrutiny committees, and any joint overview and scrutiny committees, have power between them)—
(a) to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive,
(b) to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,
(c) to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,
(d) to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,
(e) to make reports or recommendations to the authority or the executive on matters which affect the authority's area or the inhabitants of that area,
(f) in the case of the overview and scrutiny committee, or committees, of an authority to which section 244 of the National Health Service Act 2006 applies—
(i) to review and scrutinise, in accordance with regulations under that section, matters relating to the health service (within the meaning given by that Act as extended by that section) in the authority's area, and
(ii) to make reports and recommendations on such matters in accordance with the regulations.
(3) In subsection (2) “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—
(a) a joint overview and scrutiny committee within the meaning given by subsection (2)(a) of section 245 of the National Health Service Act 2006 appointed by the authority concerned and one or more other local authorities,
(b) an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given by subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or
(c) a joint overview and scrutiny committee within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007 (joint overview and scrutiny committees) appointed by two or more local authorities including the authority concerned.
(4) The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—
(a) to recommend that the decision be reconsidered by the person who made it, or
(b) to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.
(5) An overview and scrutiny committee of a local authority may not discharge any functions other than—
(a) its functions under this section and sections 9FA to 9FI, or
(b) its functions under section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters).
Overview and scrutiny committees: supplementary provision
9FA (1) An overview and scrutiny committee of a local authority—
(a) may appoint one or more sub-committees, and
(b) may arrange for the discharge of any of its functions by any such sub-committee.
(2) A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (1)(b).
(3) An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority's executive.
(4) An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority.
(5) Subject to any provision made by or under paragraphs 6 to 8 of Schedule A1 and to section 20(6) of the Police and Justice Act 2006, any persons who are not members of the local authority are not entitled to vote at any meeting of its overview and scrutiny committee, or any sub-committee of such a committee, on any question which falls to be decided at that meeting, unless permitted to do so under paragraphs 11 and 12 of that Schedule.
(6) An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—
(a) as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and
(b) as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
(7) Subsections (2) and (5) of section 102 of the Local Government Act 1972 apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.
(8) An overview and scrutiny committee of a local authority or a sub-committee of such a committee—
(a) may require members of the executive, and officers of the authority, to attend before it to answer questions,
(b) may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and
(c) may invite other persons to attend meetings of the committee.
(9) It is the duty of any member or officer mentioned in paragraph (a) or (b) of subsection (8) to comply with any requirement mentioned in that paragraph.
(10) A person is not obliged by subsection (9) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
(11) In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State.
(12) Guidance under subsection (11) may make different provision for different cases or for different descriptions of committee or sub-committee.
Scrutiny officers
9FB (1) Subject as follows, a local authority must designate one of its officers to discharge the functions in subsection (2).
(2) Those functions are—
(a) to promote the role of the authority's overview and scrutiny committee or committees,
(b) to provide support to the authority's overview and scrutiny committee or committees and the members of that committee or those committees,
(c) to provide support and guidance to—
(i) members of the authority,
(ii) members of the executive of the authority, and
(iii) officers of the authority,
in relation to the functions of the authority's overview and scrutiny committee or committees.
(3) An officer designated by a local authority under this section is to be known as the authority's “scrutiny officer”.
(4) A local authority may not designate any of the following under this section—
(a) the head of the authority's paid service designated under section 4 of the Local Government and Housing Act 1989;
(b) the authority's monitoring officer designated under section 5 of that Act;
(c) the authority's chief finance officer, within the meaning of that section.
(5) The duty in subsection (1) does not apply to a district council for an area for which there is a county council.
(6) In this section, references to an overview and scrutiny committee include any sub-committee of that committee.
Reference of matters to overview and scrutiny committee etc
9FC (1) Executive arrangements by a local authority must include provision which—
(a) enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,
(b) enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and
(c) enables any member of the authority to refer to an overview and scrutiny committee of the authority of which the member of the authority is not a member any matter which is relevant to the functions of the committee and is not an excluded matter.
(2) For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables the person to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.
(3) In considering whether to exercise the power which a member of an authority has by virtue of subsection (1)(c) in any case, the member must have regard to any guidance for the time being issued by the Secretary of State.
(4) Guidance under subsection (3) may make different provision for different cases.
(5) In subsection (1)(c) “excluded matter” means any matter which is—
(a) a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
(b) a matter of any description specified in an order made by the Secretary of State for the purposes of this section.
Dealing with references under section 9FC(1)(c)
9FD (1) This section applies where a matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to section 9FC(1)(c).
(2) In considering whether or not to exercise any of its powers under section 9F(2) in relation to the matter, the committee may have regard to—
(a) any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and
(b) any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 9F(2) in relation to the matter.
(3) If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—
(a) its decision, and
(b) the reasons for it.
(4) The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 9F(2) in relation to the matter.
(5) Subsection (4) is subject to section 9FG (confidential and exempt information).
Duty of authority or executive to respond to overview and scrutiny committee
9FE (1) This section applies where an overview and scrutiny committee of a local authority makes a report or recommendations to the authority or the executive, otherwise than—
(a) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
(b) by virtue of subsection (3)(a) of that section.
(2) The overview and scrutiny committee may publish the report or recommendations.
(3) The overview and scrutiny committee must by notice in writing require the authority or executive—
(a) to consider the report or recommendations,
(b) to respond to the overview and scrutiny committee indicating what (if any) action the authority, or the executive, proposes to take,
(c) if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response, and
(d) if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 9FD(4), to provide the member with a copy of the response.
(4) The notice served under subsection (3) must require the authority or executive to comply with it within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.
(5) It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.
(6) Subsections (2) and (5) are subject to section 9FG and to any provision made under section 9GA(8) (confidential and exempt information).
(7) In this section—
(a) references to an overview and scrutiny committee include references to a sub-committee of such a committee;
(b) references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.
Reports and recommendations of overview and scrutiny committees: duties of certain partner authorities
9FF (1) This section applies where—
(a) a relevant committee makes a report or recommendations to the authority or the executive, otherwise than—
(i) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
(ii) by virtue of subsection (3)(a) of that section, and
(b) the report or any of the recommendations relates to functions of a relevant partner authority so far as exercisable in relation to—
(i) the authority's area, or
(ii) the inhabitants of that area.
(2) The relevant committee may by notice in writing to the relevant partner authority require the relevant partner authority to have regard to the report or recommendation in question in exercising its functions.
(3) A notice under subsection (2) must be accompanied by a copy of the report or recommendations.
(4) It is the duty of a relevant partner authority to which a notice is given under subsection (2) to comply with the requirement specified in the notice.
(5) Subsection (2) does not apply if—
(a) the relevant partner authority is a health service body, and
(b) either—
(i) the relevant committee is a non-unitary district council committee, or
(ii) by virtue of section 244 of the National Health Service Act 2006, the report was, or the recommendations were, made to the health service body (as well as to the authority or the executive).
(6) In subsection (5) “health service body” means—
(a) a National Health Service trust,
(b) an NHS foundation trust, or
(c) a Primary Care Trust.
(7) Subsections (2) and (3) are subject to section 9FG (confidential and exempt information).
(8) In this section—
“the authority”, in relation to a relevant committee, means—
in the case of an overview and scrutiny committee, the local authority by which it is established, and
in the case of a sub-committee of an overview and scrutiny committee, the local authority by which the overview and scrutiny committee is established,
“the executive”, in relation to a relevant committee, means the executive of the authority,
“non-unitary district council committee” means—
an overview and scrutiny committee of a district council for a district in a county for which there is a county council, or
a sub-committee of such a committee,
“relevant committee” means an overview and scrutiny committee or a sub-committee of such a committee,
“relevant partner authority”, in relation to a relevant committee other than a non-unitary district council committee, means any person who is a partner authority in relation to the authority for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police, and
“relevant partner authority”, in relation to a relevant committee that is a non-unitary district council committee, means—
the county council for the county concerned, or
any person (other than the district council concerned) who is a partner authority in relation to that county council for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than a chief officer of police.
Publication etc of reports, recommendations and responses: confidential and exempt information
9FG (1) This section applies to—
(a) the publication under section 9FE of any document comprising—
(i) a report or recommendations of an overview and scrutiny committee, or
(ii) a response of a local authority to any such report or recommendations, and
(b) the provision of a copy of such a document—
(i) to a member of a local authority under section 9FD(4) or section 9FE, or
(ii) to a relevant partner authority under section 9FF,
by an overview and scrutiny committee or a local authority.
(2) The overview and scrutiny committee or the local authority, in publishing the document or providing a copy of the document to a relevant partner authority—
(a) must exclude any confidential information, and
(b) may exclude any relevant exempt information.
(3) The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.
(4) Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—
(a) may replace so much of the document as discloses the information with a summary which does not disclose that information, and
(b) must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.
(5) Subsection (6) applies if, by virtue of subsection (2), (3) or (4), an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—
(a) excludes information, or
(b) replaces part of the report or recommendations with a summary.
(6) The overview and scrutiny committee is nevertheless to be taken for the purposes of section 9FE(3)(c) or (d) to have published or provided a copy of the report or recommendations.
(7) In this section, references to relevant exempt information are references to—
(a) in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and
(b) in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered.
(8) In this section—
“confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),
“exempt information” has the meaning given by section 100I of that Act and, in relation to—
any report or recommendations of an overview and scrutiny committee which has functions under section 9F(2)(f) (national health service functions), or
any response to such a report or recommendations,
also includes information which is exempt information under section 246 of the National Health Service Act 2006, and
“relevant partner authority”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 9FF, has the same meaning as in that section.
(9) In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.
Overview and scrutiny committees: flood risk management
9FH (1) This section applies to a local authority that operates executive arrangements and that is a lead local flood authority.
(2) The arrangements required under section 9F(2) include arrangements to review and scrutinise the exercise by risk management authorities of flood risk management functions or coastal erosion risk management functions which may affect the local authority's area.
(3) A risk management authority must comply with a request made by an overview and scrutiny committee, in the course of arrangements under subsection (2), for—
(a) information;
(b) a response to a report.
(4) The Secretary of State may make regulations about the duty under subsection (3) which may, in particular, include provision—
(a) about the procedure to be followed in relation to requests and compliance with them,
(b) about notices to be served in relation to requests,
(c) for exemptions from the duty,
(d) requiring persons to attend to give information orally,
(e) about the nature of the information and responses that may be requested, and
(f) about the publication of requests, information and responses.
(5) A risk management authority must have regard to reports and recommendations of an overview and scrutiny committee made in the course of arrangements under subsection (2).
(6) Regulations under section 123 of the Local Government and Public Involvement in Health Act 2007 may make provision about the application of this section in relation to joint overview and scrutiny committees.
(7) Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.
Overview and scrutiny committees: provision of information etc by certain partner authorities
9FI (1) The Secretary of State may by regulations make provision, in relation to a relevant committee—
(a) as to information which relevant partner authorities must provide to the relevant committee, and
(b) as to information which may not be disclosed by a relevant partner authority to the relevant committee.
(2) In subsection (1), references to information do not include information in respect of which provision may be made in exercise of the power conferred by—
(a) section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters), or
(b) section 244(2)(d) or (e) of the National Health Service Act 2006 (functions of overview and scrutiny committees).
(3) For the purposes of subsection (1), “relevant committee” and “relevant partner authority” have the meanings given by section 9FF.
(4) Regulations under this section may make different provision in relation to different persons or committees or descriptions of person or committee.
(5) The power conferred by subsection (4) does not affect the power conferred by section 105(2)(b).
Further provision in relation to executives
Meetings and access to information etc
9G (1) Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.
(2) Subject to regulations under section 9GA(4), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.
(3) A written record must be kept of prescribed decisions made at meetings of local authority executives, or committees of such executives, which are held in private.
(4) A written record must be kept of prescribed decisions made by individual members of local authority executives.
(5) Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.
(6) In this section “prescribed” means prescribed by regulations made by the Secretary of State.
Meetings and access to information etc: further provision and regulations
9GA (1) Written records under section 9G(3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the Secretary of State.
(2) Regulations under subsection (1) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.
(3) The Secretary of State may by regulations make provision—
(a) with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),
(b) for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,
(c) for or in connection with requiring written records falling within paragraph (b) to include reasons,
(d) for or in connection with requiring any such written records to be made available to members of the public,
(e) for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.
(4) The Secretary of State may by regulations make provision—
(a) as to the circumstances in which meetings mentioned in section 9G(2), or particular proceedings at such meetings, must be open to the public,
(b) as to the circumstances in which meetings mentioned in section 9G(2), or particular proceedings at such meetings, must be held in private,
(c) with respect to the information which is to be included in written records kept by virtue of this section or section 9G,
(d) with respect to the reasons which are to be included in any such written records,
(e) with respect to the persons who are to produce, keep or make available any such written records,
(f) for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
(g) for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
(h) for or in connection with requiring information to be made available by electronic means,
(i) for or in connection with conferring rights on members of the public or members of local authorities, overview and scrutiny committees or sub-committees in relation to records or documents,
(j) for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section or section 9G.
(5) The Secretary of State may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public or members of the authority.
(6) The provision which may be made under subsection (5) includes provision—
(a) requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,
(b) as to the way or form in which prescribed information is to be made available.
(7) The Secretary of State may by regulations make provision which, in relation to meetings of—
(a) local authority executives or committees of such executives, or
(b) joint committees, or sub-committees of such committees, falling within subsection (3)(a),
applies or reproduces (with or without modifications) any provisions of Part 5A of the Local Government Act 1972.
(8) The Secretary of State may by regulations make provision, in relation to—
(a) the publication by executives of local authorities under section 9FE of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or
(b) the provision by such executives under that section of copies of such responses,
which applies or reproduces (with or without modifications) any provisions of section 9FG (confidential and exempt information).
(9) In this section—
“joint committee” means a joint committee falling within section 101(5)(a) of the Local Government Act 1972,
“prescribed” means prescribed by regulations made by the Secretary of State.
Further provision
9GB Schedule A1 (which makes further provision in relation to executive arrangements under this Part) has effect.
Absence of requirement for political balance
9GC Neither—
(a) a local authority executive, nor
(b) a committee of a local authority executive,
is to be regarded as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
Elected mayors etc
Elected mayors etc
9H (1) In this Part “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority's area in accordance with the provisions made by or under this Part.
(2) An elected mayor is to be entitled to the style of “mayor”.
(3) A reference in any enactment (whenever passed or made) to—
(a) a member of a local authority, or
(b) a councillor of a local authority,
does not include a reference to an elected mayor of the authority.
(4) But subsection (3) is subject to—
(a) regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be treated as a member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and
(b) any other contrary intention that appears in any enactment (whenever passed or made).
(5) Section 2(2A) of, and paragraph 5C(1) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (4)(b).
(6) Elections for the return of an elected mayor are to take place on the ordinary day of election in each of the relevant election years.
(7) The term of office of an elected mayor of a local authority is to be four years.
(8) This section is subject to regulations under section 9HB or 9HE.
Election as elected mayor and councillor
9HA (1) If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy arises in the office of councillor.
(2) If the person who is returned at an election (“the mayoral election”) as the elected mayor of a local authority—
(a) is a councillor of the authority, and
(b) was returned as such a councillor at an election held at an earlier time than the mayoral election,
a vacancy shall arise in the office of councillor.
(3) Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.
(4) A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if the person is a candidate in both such elections and is returned both as the elected mayor and as a councillor.
Time of elections etc
9HB The Secretary of State may by regulations make provision—
(a) as to the dates on which and years in which elections for the return of elected mayors may or must take place,
(b) as to the intervals between elections for the return of elected mayors,
(c) as to the term of office of elected mayors, and
(d) as to the filling of vacancies in the office of elected mayor.
Voting at elections of elected mayors
9HC (1) Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes—
(a) one vote (referred to in this Part as a first preference vote) which may be given for the voter's first preference from among the candidates to be the elected mayor, and
(b) if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter's second preference from among those candidates
(2) The elected mayor is to be returned under the simple majority system, unless there are three or more candidates.
(3) If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.
Entitlement to vote
9HD (1) The persons entitled to vote as electors at an election for the return of an elected mayor are those who on the day of the poll—
(a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and
(b) are registered in the register of local government electors at an address within the authority's area.
(2) A person is not entitled as an elector to cast more than one first preference vote, or more than one second preference vote, at an election for the return of an elected mayor.
Power to make provision about elections
9HE (1) The Secretary of State may by regulations make provision as to—
(a) the conduct of elections for the return of elected mayors, and
(b) the questioning of elections for the return of elected mayors and the consequences of irregularities.
(2) Regulations made under subsection (1)(a) may, in particular, include provision—
(a) about the registration of electors,
(b) for disregarding alterations in a register of electors,
(c) about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses), and
(d) for the combination of polls at elections for the return of elected mayors and other elections.
(3) Regulations under this section may—
(a) apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,
(b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors, and
(c) so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.
(4) Before making any regulations under this section, the Secretary of State must consult the Electoral Commission.
(5) In addition, the power of the Secretary of State to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.
(6) No return of an elected mayor at an election is to be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied by or incorporated in regulations under this section.
Leader and cabinet executives (England)
Election and term of office of leader
9I Executive arrangements by a local authority which provide for a leader and cabinet executive (England)—
(a) must include provision with respect to the election of the executive leader, including provision for an election where there is a vacancy in the office of executive leader, and
(b) may include provision with respect to the term of office of the executive leader.
Removal of leader
9IA (1) Executive arrangements by a local authority which provide for a leader and cabinet executive (England) must include provision for the council to remove the executive leader by resolution.
(2) If a council passes a resolution to remove the executive leader, a new executive leader is to be elected—
(a) at the meeting at which the leader is removed from office, or
(b) at a subsequent meeting.
Leader to continue to hold office as councillor
9IB (1) A person who is the executive leader of a leader and cabinet executive (England) remains a member of the council during the period that the person is the executive leader.
(2) Accordingly, any enactment which provides for the person's earlier retirement as a councillor does not apply.
(3) This section does not affect anything by which the executive leader may cease to be a councillor otherwise than by retirement (including disqualification or resignation).
No other means of removing leader
9IC (1) This section applies to a local authority which operates a leader and cabinet executive (England).
(2) An executive leader may not be removed from office except in accordance with section 9IA or regulations under section 9ID.
Regulations
9ID (1) The Secretary of State may by regulations make provision—
(a) as to the election and removal from office of executive leaders of leader and cabinet executives (England),
(b) as to the term of office of an executive leader of a leader and cabinet executive (England), and
(c) as to the filling of vacancies in the office of executive leader of a leader and cabinet executive (England).
(2) Sections 9I to 9IC are subject to regulations under this section.
CHAPTER 3 The committee system
Secretary of State's power to prohibit delegation of functions etc
9J (1) The Secretary of State may by regulations—
(a) specify or describe any function of a committee system local authority that is to be a non-delegable function;
(b) specify or describe cases or circumstances in which any specified or described function of a committee system local authority is to be a non-delegable function;
(c) specify or describe any action in connection with the discharge of a function of a committee system local authority that is to be a non-delegable action;
(d) specify or describe cases or circumstances in which any specified or described action in connection with the discharge of a function of a committee system local authority is to be a non-delegable action.
(2) If a function or action is non-delegable—
(a) it must be carried out by the local authority, and
(b) such provisions of section 101 of the Local Government Act 1972 as may be specified in regulations under this section do not apply to it.
(3) In this Part “committee system local authority” means a local authority that operates a committee system.
(4) For the purposes of this section, something is specified or described if it is specified or described in regulations made by the Secretary of State under this section.
(5) In this section—
“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—
the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
the doing of anything incidental or conducive to the discharge of the function, or
the doing of anything expedient in connection with the discharge of the function or any action within paragraph (a) or (b);
“function” means a function of any nature, whether conferred or otherwise arising before, on or after this section comes into force.
Overview and scrutiny committee
9JA (1) A committee system local authority may by resolution appoint one or more committees as the authority's overview and scrutiny committee or, as the case may be, committees.
(2) The Secretary of State may by regulations make provision about—
(a) the functions, composition and procedure of a committee that has been appointed as an overview and scrutiny committee under this section, and
(b) the appointment by committee system local authorities of joint committees and sub-committees as overview and scrutiny committees.
(3) Provision under subsection (2) may, in particular, include provision which applies or reproduces (with or without modifications) any provision of, or made under, sections 9F to 9FI or paragraphs 6 to 13 of Schedule A1.
Overview and scrutiny: flood risk management
9JB (1) A committee system local authority that is a lead local flood authority must review and scrutinise the exercise by risk management authorities of—
(a) flood risk management functions, or
(b) coastal erosion risk management functions,
which may affect the local authority's area.
(2) A local authority may issue such reports and recommendations as it considers appropriate in the course of exercising the function in subsection (1).
(3) A risk management authority must comply with a request made by a local authority in the course of exercising the function in subsection (1) for—
(a) information;
(b) a response to a report.
(4) The Secretary of State may make regulations about the duty under subsection (3) which may, in particular, include provision—
(a) about the procedure to be followed in relation to requests and compliance with them,
(b) about notices to be served in relation to requests,
(c) for exemptions from the duty,
(d) requiring persons to attend to give information orally,
(e) about the nature of the information and responses that may be requested, and
(f) about the publication of requests, information and responses.
(5) A risk management authority must have regard to any reports or recommendations mentioned in subsection (2) that relate to it.
(6) Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.
CHAPTER 4 Changing governance arrangements
Changes to governance arrangements by local authorities: general provision
Changing from one form of governance to another
9K (1) A local authority may—
(a) cease to operate its existing form of governance, and
(b) start to operate a different form of governance.
(2) This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
Executive arrangements: different form of executive
9KA (1) A local authority which operates executive arrangements may—
(a) vary the arrangements so that they provide for a different form of executive, and
(b) if it makes such a variation, vary the arrangements in such other respects (if any) as it considers appropriate.
(2) This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
Executive arrangements: other variation of arrangements
9KB A local authority which operates executive arrangements may vary those arrangements so that they—
(a) differ from the existing arrangements in any respect, but
(b) still provide for the same form of executive.
Resolution of local authority
9KC (1) A resolution of a local authority is required in order for the authority to make a change in governance arrangements.
(2) As soon as practicable after passing such a resolution a local authority must—
(a) secure that copies of a document setting out the provisions of the arrangements that are to have effect following the resolution are available at its principal office for inspection by members of the public, and
(b) publish in one or more newspapers circulating in its area a notice which—
(i) states that the authority has resolved to make a change in its governance arrangements,
(ii) states the date on which the change is to have effect,
(iii) describes the main features of the change,
(iv) states that copies of a document setting out the provisions of the arrangements that are to have effect following the resolution are available at the authority's principal office for inspection by members of the public, and
(v) specifies the address of the authority's principal office.
(3) Subsection (4) applies if a local authority passes a resolution in accordance with this section (“Resolution A”) which makes a change in governance arrangements of the kind set out in—
(a) section 9K (change from one form of governance to another), or
(b) section 9KA (change to a different form of executive).
(4) The local authority may not pass another resolution that makes a change in governance arrangements of a kind mentioned in subsection (3) (“Resolution B”) before the end of the period of 5 years beginning with the date Resolution A is passed, unless Resolution B is approved in a referendum held in accordance with this Chapter.
(5) This section does not apply to a change in governance arrangements effected by an order under section 9N (power by order to require, and give effect to, referendum on change to mayor and cabinet executive).
Implementation of certain changes to governance arrangements
Implementation: change in form of governance or change in form of executive
9L (1) This section applies if a local authority passes a resolution which makes a change in governance arrangements of the kind set out in—
(a) section 9K (change from one form of governance to another), or
(b) section 9KA (change to a different form of executive).
(2) At a relevant change time, the local authority must—
(a) cease operating the old form of governance or (as the case may be) old form of executive, and
(b) start operating the form of governance or (as the case may be) form of executive which the change in governance arrangements provides for.
(3) Subject to subsection (2) and section 9MB(2), the local authority may take steps for the purposes of preparing for the change or implementing it (including steps relating to transitional arrangements).
(4) If the local authority is not currently operating a mayor and cabinet executive and the change does not provide for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during—
(a) the first annual meeting of the local authority to be held after the resolution to make the change in governance arrangements is passed, or
(b) a later annual meeting of the local authority specified in that resolution.
(5) If the local authority is not currently operating a mayor and cabinet executive and the change provides for the local authority to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is—
(a) a time during the third day after the day of the declaration of the result of the poll at the first election of the mayor, or
(b) if a person is returned as the mayor at that first election without a poll being taken, a time during the third day after the day on which a poll would have been taken.
(6) If the local authority is currently operating a mayor and cabinet executive and the change provides for the local authority to cease to operate a mayor and cabinet executive, a “relevant change time” for the purposes of subsection (2) is a time during the third day after the day on which the next ordinary election of a mayor was expected to be held when the resolution to make the change in governance arrangements was passed.
Referendums
Cases in which change is subject to approval in a referendum in accordance with sections 9MA and 9MB
9M (1) A change in governance arrangements which a local authority proposes to make by resolution is subject to approval in a referendum in either of the following cases.
(2) The first case is where—
(a) the proposed change in governance arrangements is of a kind set out in—
(i) section 9K (change from one form of governance to another), or
(ii) section 9KA (change to a different form of executive), and
(b) the implementation of the local authority's existing form of governance or existing form of executive was approved in a referendum under this Chapter.
(3) The second case is where the local authority resolves that a proposed change in governance arrangements is to be subject to approval in a referendum.
Referendum: proposals by local authority
9MA (1) This section applies to a local authority which wishes to make a change in governance arrangements that is subject to approval in a referendum under section 9M.
(2) The local authority must draw up proposals for the change.
(3) The proposals must include—
(a) a timetable with respect to the implementation of the proposals,
(b) details of any transitional arrangements which are necessary for the implementation of the proposals, and
(c) a statement that the change in governance arrangements is to be subject to approval in a referendum.
(4) Subsections (5) and (6) apply where the proposed change in governance arrangements is of the kind set out in—
(a) section 9K (change from one form of governance to another), or
(b) section 9KA (change to a different form of executive).
(5) If the proposed change in governance arrangements would result in the local authority having executive arrangements, the proposals must state the extent to which the functions specified in regulations under section 9D(3)(b) are to be the responsibility of the executive which will be operated if the proposals are implemented.
(6) The proposals (particularly any provision about timetables and transitional matters included in accordance with subsection (3)) must be such as to ensure that the proposed change can take effect (so far as required to) in accordance with section 9L(2).
(7) After drawing up the proposals, the local authority must—
(a) secure that copies of a document setting out the proposals are available at its principal office for inspection by members of the public at all reasonable times, and
(b) publish in one or more newspapers circulating in its area a notice which—
(i) states that the authority has drawn up the proposals,
(ii) describes the main features of the proposals,
(iii) states that copies of a document setting out the proposals are available at the authority's principal office for inspection by members of the public at such times as may be specified in the notice, and
(iv) specifies the address of the authority's principal office.
Requirement to hold and give effect to referendum
9MB (1) This section applies to a local authority which wishes to make a change in governance arrangements that is subject to approval in a referendum under section 9M.
(2) The local authority must, after complying with section 9MA(7), hold a referendum on its proposals before taking any steps to implement them.
(3) The local authority may not pass a resolution which makes the proposed change unless the result of the referendum is to approve the proposals.
(4) Any such resolution must be passed within the period of 28 days beginning with the day when the referendum is held.
(5) Any such resolution must be passed at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object.
Referendum following petition
9MC (1) The Secretary of State may by regulations make provision for or in connection with requiring a local authority which receives a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should have a relevant type of governance arrangement.
(2) Regulations under subsection (1) may, in particular, include provision—
(a) as to the form and content of petitions (including provision for petitions in electronic form),
(b) as to the minimum number of local government electors for a local authority's area who must support any petition presented to the authority during any period specified in the regulations,
(c) for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority's area who must support any petition presented to the authority,
(d) as to the way in which local government electors for a local authority's area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),
(e) as to the action which may, may not or must be taken by a local authority in connection with any petition,
(f) as to the manner in which a petition is to be presented to a local authority,
(g) as to the verification of any petition,
(h) as to the date on which, or the time by which, a referendum must be held,
(i) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
(j) as to the action which may, may not or must be taken by a local authority after a referendum, and
(k) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
(3) Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
(4) The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent of the number of local government electors at each of those times.
(5) This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
Referendum following direction
9MD (1) The Secretary of State may by regulations make provision for or in connection with enabling the Secretary of State, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether it should have a relevant type of governance arrangements specified in the direction.
(2) Regulations under this section may, in particular, include provision—
(a) as to the date on which, or the time by which, a referendum must be held,
(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
(c) as to the action which may, may not or must be taken by a local authority after a referendum, and
(d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
(3) Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
(4) This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
Referendum following order
9ME (1) The Secretary of State may by order make provision requiring every local authority, or every local authority falling within a description of authority specified in the order, to hold a referendum on whether they should have a relevant type of governance arrangements specified in the order.
(2) An order under this section may, in particular, include provision—
(a) as to the date on which, or the time by which, a referendum must be held,
(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
(c) as to the action which may, may not or must be taken by a local authority after a referendum, and
(d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
(3) Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
(4) This section is subject to section 9NA (effect of order requiring, and giving effect to, referendum on change to mayor and cabinet executive).
Further provision with respect to referendums
9MF (1) If a local authority holds a referendum under this Chapter (“Referendum A”) it may not hold, or be required to hold, another referendum under this Chapter (“Referendum B”) within the period of ten years beginning with the date of Referendum A, unless subsection (2) or (3) applies.
(2) This subsection applies if—
(a) Referendum A was held by the authority by virtue of an order under section 9N (power by order to require, and give effect to, referendum on change to mayor and cabinet executive), and
(b) the proposal for the authority to operate a mayor and cabinet executive was rejected in Referendum A.
(3) This subsection applies if Referendum B is required to be held by virtue of an order made under section 9N.
(4) If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals.
(5) If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals.
(6) Subsections (4) and (5) do not apply to a referendum held by virtue of section 9N (but see section 9N(2)(c)).
Voting in and conduct of referendums
9MG (1) The persons entitled to vote in a referendum held by a local authority under this Chapter are those who on the day of the referendum—
(a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority's area, and
(b) are registered in the register of local government electors at an address within the authority's area.
(2) The Secretary of State may by regulations make provision as to the conduct of referendums under this Chapter.
(3) The Secretary of State may by regulations make provision for the combination of polls at referendums under this Chapter with polls at any elections.
(4) Regulations under subsection (2) or (3) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.
(5) Regulations under subsection (2) may, in particular, include provision—
(a) as to the question to be asked in a referendum,
(b) as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),
(c) about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),
(d) as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,
(e) as to when, where and how voting in a referendum is to take place,
(f) as to how the votes cast in a referendum are to be counted, and
(g) for disregarding alterations in a register of electors.
(6) Before making any regulations under this section that include provision as to the question to be asked in a referendum, the Secretary of State must consult the Electoral Commission.
Further provisions as to mayor and cabinet executive
Requiring referendum on change to mayor and cabinet executive
9N (1) The Secretary of State may by order require a specified local authority to hold a referendum on whether the authority should operate a mayor and cabinet executive.
(2) An order under this section may include provision—
(a) as to the date on which, or the time by which, a referendum must be held,
(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
(c) as to the effect of a referendum and the action which may, may not or must be taken by a local authority after a referendum,
(d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
(3) Provision made by virtue of subsection (2) may, in particular, apply or reproduce (with or without modifications) any provisions of, or made under, this Chapter.
(4) In this section “specified” means specified in an order made by the Secretary of State under this section.
Effect of section 9N order
9NA (1) Subject as follows, the provisions of this Chapter listed in subsection (2) do not apply to a local authority in relation to whom an order under section 9N has been made (and has not been revoked) unless the proposal for the authority to operate a mayor and cabinet executive has been rejected in the referendum held under the order.
(2) Those provisions are—
(a) section 9K (changing from one form of governance to another);
(b) section 9KA (executive arrangements: different form of executive);
(c) section 9MC (referendum following petition);
(d) section 9MD (referendum following direction);
(e) section 9ME (referendum following order).
Variation of mayoral executive
9NB (1) This section applies to a change in governance arrangements of the kind set out in section 9KB (variation of executive arrangements) if the local authority is operating a mayor and cabinet executive.
(2) The local authority may not resolve to make a change in governance arrangements unless the elected mayor has given written consent to the proposed change.
Miscellaneous
General
9O (1) A local authority may not—
(a) cease to operate a form of governance, or
(b) vary executive arrangements,
other than in accordance with this Chapter.
(2) In making a change in governance arrangements, the local authority must comply with any directions given by the Secretary of State in connection with the making of such a change.
Interpretation
9OA (1) This section applies for the purposes of this Chapter.
(2) References to a change in governance arrangements are references to any change of a kind set out in sections 9K to 9KB.
(3) References to a relevant type of governance arrangement are references to—
(a) a leader and cabinet executive (England);
(b) a mayor and cabinet executive;
(c) a committee system;
(d) any prescribed arrangements.
(4) References to a form of governance are references to—
(a) executive arrangements;
(b) a committee system;
(c) any prescribed arrangements.
CHAPTER 5 Supplementary
Local authority constitution
Local authority constitution
9P (1) A local authority must prepare and keep up to date a document (referred to in this section as its constitution) which contains—
(a) a copy of the authority's standing orders for the time being,
(b) a copy of the authority's code of conduct (if any) for the time being under section 28 of the Localism Act 2011,
(c) such information as the Secretary of State may direct, and
(d) such other information (if any) as the authority considers appropriate.
(2) In the case of a committee system local authority, the authority's constitution must also contain a statement as to whether the authority has resolved to have an overview and scrutiny committee under section 9JA.
(3) A local authority must ensure that copies of its constitution are available at its principal office for inspection by members of the public at all reasonable hours.
(4) A local authority must supply a copy of its constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
Guidance
Guidance
9Q (1) A local authority must have regard to any guidance for the time being issued by the Secretary of State for the purposes of this Part.
(2) Guidance under this section may make different provision for different cases or descriptions of local authority.
Interpretation
Interpretation of Part 1A
9R (1) In this Part, unless the context otherwise requires—
“committee system” has the meaning given by section 9B,
“committee system local authority” has the meaning given by section 9J(3),
“elected mayor” has the meaning given by section 9H,
“electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983,
“enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978),
“executive”, in relation to a local authority, is to be construed in accordance with section 9C,
“executive arrangements” has the meaning given by section 9B,
“executive leader” has the meaning given by section 9C(3)(a),
“first preference vote” has the meaning given by section 9HC,
“leader and cabinet executive (England)” has the meaning given by section 9C(3),
“local authority” means a county council in England, a district council or a London borough council,
“local government elector” has the meaning given by section 270(1) of the Local Government Act 1972,
“mayor and cabinet executive” has the meaning given by section 9C(2),
“ordinary day of election”, in relation to a local authority, means the day of ordinary elections of councillors of the authority,
“the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989,
“prescribed arrangements” has the meaning give by section 9B, and
“second preference vote” has the meaning given by section 9HC.
(2) In this Part “relevant election years”, in relation to a local authority, means the years specified in the second column of the following table in relation to that type of authority.
Type of local authority | Relevant election years
Metropolitan district | 2014 and every fourth year afterwards
County | 2013 and every fourth year afterwards
London borough | 2014 and every fourth year afterwards
Non-metropolitan district | 2011 and every fourth year afterwards
(3) Any reference in this Part to the chairman of a local authority—
(a) is a reference to that person whether or not the person is entitled to another style, and
(b) in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part 1 of that Schedule as the mayor of the borough.
(4) Any reference in this Part to the vice-chairman of a local authority—
(a) is a reference to that person whether or not the person is entitled to another style, and
(b) in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part 1 of that Schedule as the deputy mayor.
(5) Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.
(6) Section 101 of the Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.
(7) Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.
(8) Any directions given by the Secretary of State under any provision of this Part—
(a) may be varied or revoked by subsequent directions given by the Secretary of State under that provision, and
(b) may make different provision for different cases, different local authorities or different descriptions of local authority.
PART 2 New Schedule A1 to the Local Government Act 2000
2 Before Schedule 1 to the Local Government Act 2000 (executive arrangements: further provision) insert—
SCHEDULE A1
Executive arrangements in England: further provision
Section 9GB
Mayor and cabinet executives
1 (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a mayor and cabinet executive.
(2) Subject to section 9C(5), the executive arrangements must include provision which enables the elected mayor to determine the number of councillors who may be appointed to the executive under section 9C(2)(b).
(3) The executive arrangements must include provision which requires the elected mayor to appoint one of the members of the executive to be the elected mayor's deputy (referred to in this paragraph as the deputy mayor).
(4) Subject to sub-paragraph (5), the person who is appointed deputy mayor, unless the person resigns as deputy mayor or ceases to be a member of the authority, is to hold office until the end of the term of office of the elected mayor.
(5) The elected mayor may, if the elected mayor thinks fit, remove the deputy mayor from office.
(6) Where a vacancy occurs in the office of deputy mayor, the elected mayor must appoint another person to be deputy mayor.
(7) If for any reason the elected mayor is unable to act or the office of elected mayor is vacant, the deputy mayor must act in the elected mayor's place.
(8) If for any reason—
(a) the elected mayor is unable to act or the office of elected mayor is vacant, and
(b) the deputy mayor is unable to act or the office of deputy mayor is vacant,
the executive must act in the elected mayor's place or must arrange for a member of the executive to act in the elected mayor's place.
Leader and cabinet executives (England)
2 (1) This paragraph applies in relation to executive arrangements by a local authority which provide for a leader and cabinet executive (England).
(2) Subject to section 9C(5), the executive arrangements must include provision which enables the executive leader to determine the number of councillors who may be appointed to the executive under section 9C(3)(b).
(3) The executive arrangements must include provision which requires the executive leader to appoint one of the members of the executive to be the executive leader's deputy (referred to in this paragraph as the deputy executive leader).
(4) Subject to sub-paragraph (5), the person who is appointed deputy executive leader, unless the person resigns as deputy executive leader or ceases to be a member of the authority, is to hold office until the end of any term of office of the executive leader (where the executive arrangements provide for such a term).
(5) The executive leader may, if the executive leader thinks fit, remove the deputy executive leader from office.
(6) Where a vacancy occurs in the office of deputy executive leader, the executive leader must appoint another person to be deputy executive leader.
(7) If for any reason the executive leader is unable to act or the office of executive leader is vacant, the deputy executive leader must act in the executive leader's place.
(8) If for any reason—
(a) the executive leader is unable to act or the office of executive leader is vacant, and
(b) the deputy executive leader is unable to act or the office of deputy executive leader is vacant,
the executive must act in the executive leader's place or must arrange for a member of the executive to act in the executive leader's place.
Procedure
3 Executive arrangements by a local authority may include provision with respect to—
(a) the quorum, proceedings and location of meetings of the executive,
(b) the appointment of committees of the executive, and
(c) the quorum, proceedings and location of meetings of committees of the executive.
Meetings of executives and executive committees
4 A member of a local authority who is not a member of the authority's executive is entitled to attend, and speak at, a meeting of the executive, or of a committee of the executive, which is held in private only if invited to do so.
Mayor's assistant
5 (1) The Secretary of State may by regulations make provision for or in connection with the appointment of a person (an “assistant”) to provide assistance to an elected mayor.
(2) Regulations under this paragraph may, in particular, include provision with respect to the terms and conditions of appointment of an assistant.
Overview and scrutiny committees: education functions
6 (1) In paragraphs 7 and 8 “relevant authority” means a local authority which has education functions.
(2) Paragraphs 7 and 8 apply to an overview and scrutiny committee of a relevant authority if the committee's functions under section 9F relate wholly or partly to any education functions which are the responsibility of the authority's executive.
(3) Paragraph 7 and 8 also apply to a sub-committee of an overview and scrutiny committee of a relevant authority if the sub-committee's functions under section 9FA relate wholly or partly to any education functions which are the responsibility of the authority's executive.
7 (1) In the case of a relevant authority that maintains one or more Church of England schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
(2) A person is a qualifying person for the purposes of sub-paragraph (1) if the person is nominated by the Diocesan Board of Education for any Church of England diocese which falls wholly or partly in the authority concerned's area.
(3) In the case of a relevant authority that maintains one or more Roman Catholic Church schools, an overview and scrutiny committee or sub-committee to which this paragraph applies must include at least one qualifying person.
(4) A person is a qualifying person for the purposes of sub-paragraph (3) if the person is nominated by the bishop of any Roman Catholic diocese which falls wholly or partly in the authority concerned's area.
(5) A member of an overview and scrutiny committee or sub-committee appointed by virtue of sub-paragraph (1) or (3) is to be entitled to vote at a meeting of the committee or sub-committee on any question—
(a) which relates to any education functions which are the responsibility of the authority concerned's executive, and
(b) which falls to be decided at the meeting.
(6) The Secretary of State may by directions to a relevant authority require any of the authority's overview and scrutiny committees or sub-committees to which this paragraph applies to include persons who are appointed, in accordance with the directions, as representatives of the persons who appoint foundation governors for the foundation or voluntary schools maintained by the authority which are not Church of England schools or Roman Catholic Church schools but which are specified in the directions.
(7) Directions under sub-paragraph (6) may make provision with respect to the voting rights of persons appointed in accordance with such directions.
8 (1) The Secretary of State may by regulations require an overview and scrutiny committee or sub-committee to which this paragraph applies to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools which are maintained by the relevant authority concerned.
(2) Regulations under this paragraph may make provision for—
(a) the number of persons who are to be elected in the case of any relevant authority,
(b) the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election,
(c) the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected,
(d) the term of office of persons so elected and their voting rights,
(e) the application to any such committee or sub-committee, with or without any modification, of any enactment (whenever passed or made) relating to committees or (as the case may be) sub-committees of a local authority,
(f) such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.
(3) Regulations under this paragraph may also make provision—
(a) enabling the Secretary of State to determine, where the Secretary of State considers it expedient to do so in view of the small number of maintained schools which are maintained by a relevant authority, that the requirement imposed on the committee or sub-committee by virtue of sub-paragraph (1) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools,
(b) for any regulations under this paragraph to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.
9 The following provisions of the Education Act 1996, namely—
(a) section 496 (powers of Secretary of State to require duties under that Act to be exercised reasonably), and
(b) section 497 (powers of Secretary of State where local authorities etc are in default),
are to apply to the performance of any duty imposed on a local authority by virtue of paragraphs 6 to 8 as they apply to the performance by a local authority of a duty imposed by that Act.
10 (1) Except for the expression “local authority”, expressions used in paragraphs 6 to 9 and the School Standards and Framework Act 1998 have the same meaning in those paragraphs as in that Act.
(2) In paragraphs 6 and 7 “education functions” has the meaning given by section 579(1) of the Education Act 1996.
Overview and scrutiny committees: voting rights of co-opted members
11 (1) A local authority may permit a co-opted member of an overview and scrutiny committee of the authority to vote at meetings of the committee.
(2) Permission under sub-paragraph (1) may only be given in accordance with a scheme made by the local authority.
(3) A scheme for the purposes of this paragraph may include—
(a) provision for a maximum or minimum in relation to the number of co-opted members of an overview and scrutiny committee entitled to vote at meetings of the committee, and
(b) provision for giving effect to any maximum or minimum established under paragraph (a).
(4) The power to make a scheme for the purposes of this paragraph includes power to vary or revoke such a scheme.
(5) In this paragraph, references to a co-opted member, in relation to an overview and scrutiny committee of a local authority, are to a member of the committee who is not a member of the authority.
12 (1) The Secretary of State may by regulations make provision about the exercise of the powers under paragraph 11.
(2) Regulations under sub-paragraph (1) may, in particular, require schemes for the purposes of paragraph 11 (“voting rights schemes”)—
(a) to provide for permission to be given only by means of approving a proposal by the committee concerned;
(b) to provide for a proposal for the purposes of the scheme (“a scheme proposal”) to specify—
(i) the person to whom the proposal relates,
(ii) the questions on which it is proposed the person should be entitled to vote, and
(iii) the proposed duration of the person's entitlement to vote,
and to include such other provision about the form and content of such a proposal as the regulations may provide;
(c) to provide for a scheme proposal to be made only in accordance with a published statement of the policy of the committee concerned about the making of such proposals;
(d) to include such provision about the procedure to be followed in relation to the approval of scheme proposals as the regulations may provide.
(3) Regulations under sub-paragraph (1) may include provision for the notification to the Secretary of State by local authorities of the making, variation or revocation of voting rights schemes.
(4) The Secretary of State may by direction require a local authority to vary a voting rights scheme.
13 (1) A local authority which makes a scheme for the purposes of paragraph 11 must, while the scheme is in force, make copies of it available at its principal office at all reasonable hours for inspection by members of the public.
(2) If a local authority makes a scheme for the purposes of paragraph 11, or varies or revokes such a scheme, it must as soon as reasonably practicable after doing so publish in one or more newspapers circulating in its area a notice which complies with this paragraph.
(3) In the case of the making of a scheme, the notice under sub-paragraph (2) must—
(a) record the making of the scheme,
(b) describe what it does,
(c) state that copies of it are available for inspection at the principal office of the local authority, and
(d) specify—
(i) the address of that office, and
(ii) the times when the scheme is available for inspection there.
(4) In the case of the variation of a scheme, the notice under sub-paragraph (2) must—
(a) record the variation,
(b) describe what it does,
(c) state that copies of the scheme as varied are available for inspection at the principal office of the local authority, and
(d) specify—
(i) the address of that office, and
(ii) the times when the scheme is available for inspection there.
(5) In the case of the revocation of a scheme, the notice under sub-paragraph (2) must record the revocation.
SCHEDULE 3 Minor and consequential amendments relating to local authority governance in England
Section 22
Local Government Act 1972 (c. 70)
1 The Local Government Act 1972 is amended as follows.
2 In section 2 (constitution of principal councils in England) in subsection (2A) omit “or a mayor and council manager executive”.
3 (1) Section 101 (arrangements for discharge of functions by local authorities) is amended as follows.
(2) In subsection (1C) after “section” insert “ 9EA or ”.
(3) In subsection (5B) after “section” insert “ 9EB or ”.
4 In section 102 (appointment of committees) in subsection (1A)—
(a) for “regulations made under section 18” substitute “ section 9E(2)(b)(iv), (3)(b), (4)(a) or (5)(a) ”, and
(b) after “Act 2000” insert “ or under regulations made under section 18 of that Act ”.
5 In section 245 (status of certain districts, parishes and communities) in subsections (1A) and (4A)(a) omit “or a mayor and council manager executive”.
6 (1) Section 270(1) (general provisions as to interpretation) is amended as follows.
(2) In the definition of “elected mayor” after “has” insert
—
(a) in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and
(b) in relation to Wales,
.
(3) In the definition of “executive”, “executive arrangements” and “executive leader” after “have” insert
—
(a) in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and
(b) in relation to Wales,
.
(4) In the definition of “leader and cabinet executive (England)” for “Part 2” substitute “ Part 1A ”.
(5) In the definition of “mayor and cabinet executive” for “have” substitute
has—
(a) in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and
(b) in relation to Wales,
.
Crime and Disorder Act 1998 (c. 37)
7 In section 5 of the Crime and Disorder Act 1998 (authorities responsible for crime and disorder strategies etc) in subsection (1D) in paragraph (d) of the definition of “the relevant provisions” after “section” insert “ 9F, 9FA or ”.
Local Government Act 2000 (c. 22)
8 The Local Government Act 2000 is amended as follows.
9 In the heading of Part 2 (arrangements with respect to executives etc) for “Arrangements” substitute “ Local authorities in Wales: arrangements ”.
10 In section 10 (executive arrangements) after “local authority” (in both places) insert “ in Wales ”.
11 (1) Section 11 (forms of local authority executives) is amended as follows.
(2) In subsection (2) for “In the case of any local authority in England or Wales, the” substitute “ The ”.
(3) Omit subsection (2A).
(4) In subsection (3) for “In the case of any local authority in Wales, the” substitute “ The ”.
(5) In subsection (5)—
(a) for “In the case of a local authority in England or Wales, the” substitute “ The ”, and
(b) for “Secretary of State” substitute “ Welsh Ministers ”.
(6) In subsection (8) after “leader and cabinet executive” insert “ (Wales) ”.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Omit subsection (9A).
(9) In subsection (10) omit “(2A)(a) or”.
12 (1) Section 12 (additional forms of executive) is amended as follows.
(2) In subsection (1)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”,
(b) in paragraph (a) for “him” substitute “ them ”, and
(c) in paragraphs (b) and (d) for “he considers” substitute “ they consider ”.
(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (3)(a) for “Secretary of State” substitute “ Welsh Ministers ”.
13 (1) Section 13 (functions which are the responsibility of an executive) is amended as follows.
(2) In subsection (3) for “Secretary of State” substitute “ Welsh Ministers ”.
(3) In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (9)(b) omit the words from “or section 236” to “England)”.
(5) In subsection (12) for “Secretary of State” substitute “ Welsh Ministers ”.
14 (1) Section 14 (discharge of functions: general) is amended as follows.
(2) In the heading for “general” substitute “ mayor and cabinet executive ”.
(3) In subsection (1) for the words from “of” to the end substitute “ of a mayor and cabinet executive are to be discharged in accordance with this section ”.
(4) In subsections (2) to (5) for “senior executive member” (in each place that it appears) substitute “ elected mayor ”.
(5) In subsection (6)—
(a) for “a senior executive member” substitute “ an elected mayor ”, and
(b) for “the senior executive member” substitute “ the elected mayor ”.
(6) Omit subsection (7).
15 In section 17 (discharge of functions: section 11(5) executive) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
16 (1) Section 18 (discharge of functions by area committees) is amended as follows.
(2) In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
(3) In subsection (3) in the definition of “area committee” for the words from “means—” to “in Wales,” substitute “ means ”.
(4) Omit subsections (4) and (5).
(5) In subsection (6) omit “in Wales”.
17 (1) Section 19 (discharge of functions of and by another local authority) is amended as follows.
(2) In subsection (1)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”,
(b) omit the words “(within the meaning of this Part)” in the first place they appear,
(c) for paragraph (a) substitute—
(a) by a relevant authority (other than the local authority), or
, and
(d) in paragraph (b) for “an executive of another local authority (within the meaning of this Part)” substitute “ a relevant executive (other than an executive of the local authority) ”.
(3) In subsection (2)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) for “local authority (within the meaning of section 101 of that Act)” substitute “ relevant authority in Wales ”, and
(c) for “an executive of another local authority (within the meaning of this Part)” substitute “ a relevant executive (other than an executive of the relevant authority) ”.
(4) In subsection (3) for “local authority” substitute “ relevant authority in Wales ”.
(5) In subsection (4)—
(a) in paragraph (a)—
(i) for “an executive of a local authority” substitute “ a relevant executive ”, and
(ii) after “the authority” insert “ of which the executive is part ”,
(b) in paragraph (b) for “local authority” substitute “ relevant authority ”, and
(c) in paragraph (c) for “an executive of a local authority” substitute “ a relevant executive ”.
(6) In subsection (8) for “ “specified”” substitute
—
relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;
“relevant executive” means an executive of a local authority under either this Part or Part 1A;
“specified”
.
18 In section 20 (joint exercise of functions) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
19 (1) Section 21 (overview and scrutiny committees) is amended as follows.
(2) In subsection (2)(f)—
(a) omit “section 244 of the National Health Service Act 2006 or”,
(b) for “either of those sections” substitute “ that section ”, and
(c) for “the Act concerned, and as extended by the section concerned” substitute “ that Act, as extended by that section ”.
(3) In subsection (2ZA) omit “in Wales”.
(4) In subsection (2A)—
(a) omit paragraphs (a) and (b), and
(b) in paragraph (e) for the words from “committee—” to “a joint overview and scrutiny committee” substitute “ committee ”.
(5) In subsection (4)—
(a) for “21A to 21C” substitute “ 21A and 21B ”, and
(b) omit the words from “or any functions” to the end.
(6) In subsection (10)—
(a) for “paragraphs 7 to” substitute “ paragraph 8 or ”, and
(b) omit “, unless permitted to do so under paragraph 12 of that Schedule”.
(7) In subsection (10A) omit “in Wales”.
(8) In subsection (13)—
(a) in paragraph (aa) omit the words from “by virtue of” to “England) or”, and
(b) in paragraph (c) omit the words from the beginning to “in Wales”.
(9) In subsection (16)—
(a) omit paragraph (a), and
(b) in paragraph (b) omit “in Wales”.
20 Omit section 21ZA (scrutiny officers).
21 (1) Section 21A (reference of matters to overview and scrutiny committees) is amended as follows.
(2) In subsection (3) omit the words from “(in the case of a local authority in England” to “Wales)”.
(3) In subsection (6)(a) omit the words from “section 236” to “2007 or”.
(4) Omit subsections (10) and (11).
(5) In subsection (12) omit “in Wales”.
22 Omit section 21C (reports and recommendations of overview and scrutiny committees: duties of certain partner authorities).
23 (1) Section 21D (publication etc of reports, recommendations and responses: confidential and exempt information) is amended as follows.
(2) In subsection (1)(b) omit sub-paragraph (ii).
(3) In subsection (2) omit “or providing a copy of the document to a relevant partner authority”.
(4) In subsection (6)—
(a) in the definition of “exempt information”—
(i) omit “section 246 of the National Health Service Act 2006 or”, and
(ii) at the end insert “ and ”, and
(b) omit the definition of “relevant partner authority”.
24 Omit section 21E (overview and scrutiny committees of certain district councils: functions with respect to partner authorities).
25 (1) Section 21F (as inserted by the Local Government (Wales) Measure 2011 (nawm 4)) (Wales: notifying designated body of report or recommendations) is amended as follows.
(2) In the title for “Wales: notifying” substitute “ Notifying ”.
(3) In subsection (1) omit “in Wales”.
26 Omit section 21F (as inserted by the Flood and Water Management Act 2010) (overview and scrutiny committees: flood risk management).
27 In the title of section 21G (Wales: designated persons) for “Wales: designated” substitute “ Designated ”.
28 (1) Section 22 (access to information) is amended as follows.
(2) In subsections (6), (8) to (10), (12) and (13) for “Secretary of State” substitute “ Welsh Ministers ”.
(3) In subsection (12A)—
(a) for the words from “Secretary” to “Wales),” substitute “ Welsh Ministers ”, and
(b) in paragraph (a) omit the words from “, or under” to “section 21B,”.
29 Omit section 22A (overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities).
30 In section 25 (proposals) in subsections (1)(b), (5), (6)(a), (7) and (8) for “Secretary of State” substitute “ Welsh Ministers ”.
31 (1) Section 27 (referendum in case of proposals involving elected mayor) is amended as follows.
(2) In subsections (1)(b), (5), (6), (8)(c), (9) and (10) for “Secretary of State” substitute “ Welsh Ministers ”.
(3) In subsection (5) for “him” substitute “ them ”.
32 (1) Section 28 (approval of outline fall-back proposals) is amended as follows.
(2) In subsections (1) and (2) for “Secretary of State” substitute “ Welsh Ministers ”.
(3) In subsection (3) for “Secretary of State approves” substitute “ Welsh Ministers approve ”.
33 Omit section 31 (alternative arrangements).
34 Omit section 32 (alternative arrangements).
35 (1) Section 33ZA (Wales: changing governance arrangements) is amended as follows.
(2) In the heading for “Wales: changing” substitute “ Changing ”.
(3) Omit “in Wales,”.
36 Omit section 33A (executive arrangements).
37 Omit section 33B (executive arrangements: other variations of arrangements).
38 Omit section 33C (alternative arrangements: move to executive arrangements).
39 Omit section 33D (alternative arrangements: variation of arrangements).
40 Omit section 33E (proposals by local authority).
41 Omit section 33F (resolution of local authority).
42 Omit section 33G (implementation: new executive or move to executive arrangements).
43 Omit section 33H (implementation: other change in governance arrangements).
44 Omit section 33I (general).
45 Omit section 33J (new form of executive or move to executive: general requirements) and the italic heading immediately before it (further requirements for certain changes).
46 Omit section 33K (changes subject to approval in referendum: additional requirements).
47 Omit section 33L (change not subject to approval in a referendum: additional requirements).
48 Omit section 33M (cases in which change is subject to approval in referendum).
49 Omit section 33N (variation of mayoral executive).
50 Omit section 33O (interpretation) and the italic heading immediately before it (miscellaneous).
51 (1) Section 34 (referendum following petition) is amended as follows.
(2) In subsections (1) and (2)(k) for “Secretary of State” substitute “ Welsh Ministers ”.
(3) In subsection (1A) for the words from “means—” to “Wales,” substitute “ means ”.
(4) In subsection (3) omit “or of any of sections 33A to 33O”.
52 (1) Section 35 (referendum following direction) is amended as follows.
(2) In subsection (1)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) for “him” substitute “ them ”.
(3) In subsection (2)(d) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (3) omit “or of any of sections 33A to 33O”.
53 (1) Section 36 (referendum following order) is amended as follows.
(2) In subsections (1) and (2)(d) for “Secretary of State” substitute “ Welsh Ministers ”.
(3) In subsection (3) omit “or of any of sections 33A to 33O”.
54 In section 37 (local authority constitution) in subsection (1)(a) for “Secretary of State” substitute “ Welsh Ministers ”.
55 In section 38 (guidance) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
56 (1) Section 39 (elected mayors etc) is amended as follows.
(2) Omit subsection (2).
(3) In subsection (3) omit “in Wales”.
(4) In subsection (5B)(a) for “Secretary of State” substitute “ Welsh Ministers ”.
(5) In subsection (5C) for the words from the beginning to “1972 are” substitute “ Section 21(1A) of the Local Government Act 1972 is ”.
(6) After subsection (5C) insert—
(5D) A statutory instrument containing regulations made under subsection (5B)(a) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(7) Omit subsection (6).
57 In section 41 (time of elections etc) for “Secretary of State” substitute “ Welsh Ministers ”.
58 Omit section 44A (election of leader: whole-council elections) and the italic heading immediately before it (leader and cabinet executives (England)).
59 Omit section 44B (election of leader: partial-council elections).
60 Omit section 44C (removal of leader).
61 Omit section 44D (term of office of leader: whole-council elections).
62 Omit section 44E (term of office of leader: partial council elections).
63 Omit section 44F (leader to continue to hold office as councillor).
64 Omit section 44G (no other means of electing or removing leader).
65 Omit section 44H (regulations).
66 (1) Section 45 (provisions with respect to referendums) is amended as follows.
(2) In subsection (1) for the words from “authority—” to “in Wales” substitute “ authority ”.
(3) In subsections (5), (6) and (8A) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (8B)—
(a) in paragraph (a)—
(i) for “Parliament in accordance with section 105(6)” substitute “ the National Assembly for Wales ”, and
(ii) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) in paragraph (b)—
(i) for “Secretary of State” substitute “ Welsh Ministers ”, and
(ii) for “each House” substitute “ the National Assembly for Wales ”.
(5) In subsection (8D)—
(a) in paragraph (a)—
(i) for “Parliament in accordance with section 105(6)” substitute “ the National Assembly for Wales ”, and
(ii) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) in paragraph (b)—
(i) for “Parliament” substitute “ the National Assembly for Wales ”,
(ii) for “Secretary of State” substitute “ Welsh Ministers ”,
(iii) for “each House” substitute “ the Assembly ”, and
(iv) for “his” substitute “ their ”.
(6) In subsection (9) omit “or 33K”.
67 (1) Section 47 (power to make incidental, consequential provision etc) is amended as follows.
(2) In subsection (1)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”,
(b) for “he considers” substitute “ they consider ”.
(3) In subsection (4) omit “(including changes of the kinds set out in sections 33A to 33D)”.
(4) In subsection (6) omit paragraph (b).
68 (1) Section 48 (interpretation of Part 2) is amended as follows.
(2) In subsection (1)—
(a) in the definition of “executive leader” for “section 11(2A)(a) or (3)(a)” substitute “ section 11(3)(a) ”,
(b) in the definition of “local authority” for the words from “means—” to “Wales, a county council” substitute “ means a county council in Wales ”, and
(c) omit the definition of “ordinary day of election”.
(3) Omit subsection (1A).
(4) In subsection (2) omit paragraph (b).
(5) In subsection (3) omit paragraph (b).
(6) In subsection (7)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) for “him” substitute “ them ”.
69 In section 48A (functions of the Lord President of the Council) for “sections 44 and 45” substitute “ section 44 ”.
70 (1) Section 105 (orders and regulations) is amended as follows.
(2) In subsection (6)—
(a) after “6,” insert “ 9N, ”, and
(b) for “section 11(5), 31(1)(b), 32, 33O(6), 44 or 45” substitute “ section 9BA, 9HE, 9MG or 44 ”.
(3) After subsection (7) insert—
(7A) If a draft of a statutory instrument containing an order under section 9N 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.
71 In section 106 (Wales) in subsection (1) omit paragraph (a).
72 (1) Schedule 1 (executive arrangements: further provision) is amended as follows.
(2) In the heading of the Schedule (executive arrangements: further provision) after “arrangements” insert “ in Wales ”.
(3) In paragraph 1(9) for “In the case of a local authority in Wales, the” substitute “ The ”.
(4) Omit paragraph 1A and the heading immediately before it.
(5) In paragraph 6(1) for “Secretary of State” substitute “ Welsh Ministers ”.
(6) Omit paragraph 7.
(7) In paragraph 8—
(a) in sub-paragraph (1) omit—
(i) “Welsh”, and
(ii) “in Wales”,
(b) in sub-paragraphs (2), (3) and (7) omit “Welsh”, and
(c) in sub-paragraphs (4) and (7) for “National Assembly for Wales” substitute “ Welsh Ministers ”.
(8) In paragraph 9—
(a) in sub-paragraph (4) for “Secretary of State” substitute “ Welsh Ministers ”,
(b) in sub-paragraph (5)(f) for “Secretary of State considers” substitute “ Welsh Ministers consider ”,
(c) in sub-paragraph (6)(a)—
(i) for “Secretary of State” substitute “ Welsh Ministers ”, and
(ii) for “he considers” substitute “ they consider ”, and
(d) in sub-paragraph (6)(b) for “Secretary of State makes” substitute “ Welsh Ministers make ”.
(9) In paragraph 10 omit “7,”.
(10) In paragraph 11 for “7” substitute “ 8 ”.
(11) In paragraph 11A for “7 to” substitute “ 8 and ”.
(12) Omit paragraphs 12 to 14 and the italic heading immediately before paragraph 12 (overview and scrutiny committees: voting rights of co-opted members).
National Health Service Act 2006 (c. 41)
73 The National Health Service Act 2006 is amended as follows.
74 In section 244 (functions of overview and scrutiny committees) after subsection (4) insert—
(5) In this section, section 245 and section 246 references to an overview and scrutiny committee include references to—
(a) an overview and scrutiny committee of a local authority operating executive arrangements under Part 1A of the Local Government Act 2000 (executive arrangements in England), and
(b) an overview and scrutiny committee appointed by a local authority under section 9JA of that Act (appointment of overview and scrutiny committees by committee system local authorities).
75 (1) Section 245 (joint overview and scrutiny committees etc) is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In subsection (3)(b)—
(a) in sub-paragraph (i) for “section 21(4) and (6) to (17)” substitute “ sections 9F(5), 9FA, 9FC to 9FG and 9FI ”, and
(b) omit sub-paragraphs (ia) and (ib).
(4) In subsection (7) for “Section 21(4)” substitute “ Section 9F(5) ”.
(5) In subsection (8) for “Section 21(10)” substitute “ Section 9FA(5) ”.
76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
77 (1) Section 247 (application to the City of London) is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In subsection (3)—
(a) for “Section 21” substitute “ Section 9F ”,
(b) in paragraph (a) for “(3), (5) and (9)” substitute “ (4) ”, and
(c) omit paragraphs (b) to (d).
(4) After subsection (3) insert—
(3A) Section 9FA of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee and as if the Common Council were a local authority, but with the omission—
(a) of subsection (3),
(b) in subsection (6), of paragraph (b), and
(c) in subsection (8)(a), of the reference to members of the executive.
(5) In subsection (4)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) for “section 21(2)” substitute “ section 9F(2) ”.
78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police and Justice Act 2006 (c. 48)
79 The Police and Justice Act 2006 is amended as follows.
80 (1) Section 19 (local authority scrutiny of crime and disorder matters) is amended as follows.
(2) In subsection (3)(a)—
(a) after the first “section” insert “ 9F(2) or ”, and
(b) after the second “section” insert “ 9JA(2) or ”.
(3) In subsection (9) omit “(within the meaning of Part 2 of the Local Government Act 2000 (c. 22))”.
(4) After subsection (9) insert—
(9A) In subsection (9) “overview and scrutiny committee” means—
(a) in relation to England, an overview and scrutiny committee within the meaning of Chapter 2 of Part 1A of the Local Government Act 2000 (see section 9F of that Act), and
(b) in relation to Wales, an overview and scrutiny committee within the meaning of Part 2 of that Act (see section 21 of that Act).
(9B) In the case of a local authority that operates a committee system and has appointed one or more overview and scrutiny committees under section 9JA of the Local Government Act 2000, the crime and disorder committee is to be one of those committees.
(5) In subsection (10) for the words from “not” to “Act 2000” substitute “ in cases that are not within subsection (9) or (9B) ”.
(6) In subsection (11)—
(a) before the definition of “crime and disorder functions” insert—
“committee system” has the same meaning as in Part 1A of the Local Government Act 2000 (see section 9B(4) of that Act);
(b) in the definition of “executive arrangements” for the words from the second “executive” to the end substitute
—
(a) in relation to England, executive arrangements under Part 1A of the Local Government Act 2000, and
(b) in relation to Wales, executive arrangements under Part 2 of that Act;
.
81 In Schedule 8 (further provision about crime and disorder committees of certain local authorities) in paragraph 1(1)—
(a) after “authority” insert
—
(a)
,
(b) after “Part” insert “ 1A or ”, and
(c) after “(c. 22)” insert
, and
(b) that has not appointed an overview and scrutiny committee under section 9JA of that Act
.
Section 26
PART 1 Amendments of existing provisions
Parliamentary Commissioner Act 1967 (c. 13)
1 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit the entry for the Standards Board for England.
House of Commons Disqualification Act 1975 (c. 24)
2 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Standards Board for England.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
3 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Standards Board for England.
Local Government and Housing Act 1989 (c. 42)
4 (1) Section 3A of the Local Government and Housing Act 1989 (grant and supervision of exemptions from political restriction: England) is amended as follows.
(2) In subsection (1)—
(a) for “standards committee” substitute “ head of paid service ”,
(b) omit “which is a relevant authority”,
(c) in paragraph (a) for “committee” substitute “ head of paid service ”, and
(d) in that paragraph and paragraph (b) omit “relevant”.
(3) In subsection (2)(a) omit “relevant”.
(4) In subsection (3)—
(a) for “standards committee” substitute “ head of paid service ”,
(b) for “committee” substitute “ head of paid service ”, and
(c) in paragraph (b) omit “relevant”.
(5) In subsection (4)—
(a) for “standards committee” substitute “ local authority's head of paid service ”,
(b) for “committee” substitute “ head of paid service ”, and
(c) in paragraph (b)(i) omit “relevant”.
(6) Omit subsection (5).
(7) In subsection (6)—
(a) omit “which is a relevant authority”, and
(b) in paragraph (a)—
(i) for “standards committee” substitute “ head of paid service ”,
(ii) for “committee” substitute “ head of paid service ”, and
(iii) omit “its”.
(8) In subsection (7)—
(a) omit “its”, and
(b) for “standards committee” substitute “ local authority's head of paid service ”.
(9) After that subsection insert—
(7A) In carrying out functions under this section a local authority's head of paid service must consult the monitoring officer of that authority (unless they are the same person).
(7B) The Secretary of State may by regulations make provision about the application of this section to a local authority that is not required to designate one of its officers as the head of its paid service.
(7C) Regulations under subsection (7B) may apply any provisions of this section (with or without modifications) to an authority to which they apply.
(10) Omit subsections (8) to (10).
Audit Commission Act 1998 (c. 18)
5 In section 49(1)(de) of the Audit Commission Act 1998 (disclosure of information by Commission or auditor etc for purposes of functions of ethical standards officer or Public Services Ombudsman for Wales) omit “an ethical standards officer or”.
Data Protection Act 1998 (c. 29)
6 In section 31 of the Data Protection Act 1998 (exemptions from subject information provisions for data processed in connection with certain regulatory functions)—
(a) in subsection (7) omit paragraph (b), and
(b) in subsection (8)(b) omit “, or to an ethical standards officer,”.
Local Government Act 2000 (c. 22)
7 The Local Government Act 2000 is amended as follows.
8 (1) Section 49 (principles governing conduct of members of relevant authorities) is amended as follows.
(2) Omit subsection (1).
(3) In subsection (2) omit “in Wales (other than police authorities)”.
(4) Omit subsections (2C), (3) and (4).
(5) In subsection (5)(a) omit “in Wales”.
(6) In subsection (6)—
(a) in paragraph (a) at the end insert “ in Wales ”,
(b) omit paragraphs (c) to (e),
(c) omit paragraphs (g) to (k),
(d) in paragraph (l) after “authority” insert “ in Wales ”,
(e) omit paragraphs (m) to (o), and
(f) in paragraph (p) after “authority” insert “ in Wales ”.
9 (1) Section 50 (model code of conduct) is amended as follows.
(2) Omit subsection (1).
(3) In subsection (2) omit “in Wales other than police authorities”.
(4) In subsection (3) omit “(1) or”.
(5) In subsection (4)(a) omit—
(a) “49(1) or”, and
(b) “(as the case may be)”.
(6) Omit subsections (4C) and (4D).
(7) In subsection (5) omit “the Secretary of State or”.
(8) Omit subsections (6) and (7).
10 (1) Section 51 (duty of relevant authorities to adopt codes of conduct) is amended as follows.
(2) In subsection (4C) omit the words from “by a” to “police authority”.
(3) In subsection (6)(c)—
(a) omit sub-paragraph (i), and
(b) in sub-paragraph (ii) omit the words from “in the case” to “in Wales,”.
11 In section 52(2) (power for prescribed form of declaration of acceptance of office to include undertaking to observe code of conduct) after “1972” insert “ in relation to a relevant authority ”.
12 (1) Section 53 (standards committees) is amended as follows.
(2) In subsection (2) omit “parish council or”.
(3) Omit subsections (3) to (10).
(4) In subsection (11)—
(a) in paragraph (a) omit “in Wales other than police authorities”, and
(b) in paragraph (k) omit “in Wales (other than police authorities)”.
(5) In subsection (12) omit “(6)(c) to (f) or”.
13 (1) Section 54 (functions of standards committees) is amended as follows.
(2) Omit subsection (4).
(3) In subsection (5) omit “in Wales (other than police authorities)”.
(4) Omit subsection (6).
(5) In subsection (7) omit “in Wales (other than police authorities)”.
14 (1) Section 54A (sub-committees of standards committees) is amended as follows.
(2) In subsection (3) omit “, but this is subject to section 55(7)(b)”.
(3) Omit subsection (4).
(4) In subsection (5) omit “in Wales other than a police authority”.
(5) In subsection (6)—
(a) omit “section 55(5) and to”, and
(b) for “53(6)(a) or (11)(a)” substitute “ 53(11)(a) ”.
15 Omit section 55 (standards committees for parish councils).
16 Omit section 56A (joint committees of relevant authorities in England).
17 Omit section 57 (Standards Board for England).
18 Omit section 57A (written allegations: right to make, and initial assessment).
19 Omit section 57B (right to request review of decision not to act).
20 Omit section 57C (information to be given to subject of allegation).
21 Omit section 57D (power to suspend standards committee's functions).
22 Omit section 58 (allegations referred to Standards Board).
23 Omit section 59 (functions of ethical standards officers).
24 Omit section 60 (conduct of investigations).
25 Omit section 61 (procedure in respect of investigations).
26 Omit section 62 (investigations: further provisions).
27 Omit section 63 (restrictions on disclosure of information).
28 Omit section 64 (reports etc).
29 Omit section 65 (interim reports).
30 Omit section 65A (disclosure by monitoring officers of ethical standards officers' reports).
31 Omit section 66 (matters referred to monitoring officers).
32 Omit section 66A (references to First-tier Tribunal).
33 Omit section 66B (periodic returns).
34 Omit section 66C (information requests).
35 Omit section 67 (consultation with ombudsmen).
36 In section 68(2) (guidance by Public Services Ombudsman for Wales)—
(a) in paragraph (a)—
(i) omit “in Wales (other than police authorities)”, and
(ii) for “such” substitute “ those ”, and
(b) in paragraph (b) omit “in Wales (other than police authorities)”.
37 (1) Section 69 (investigations by the Public Services Ombudsman for Wales) is amended as follows.
(2) In subsection (1) omit “in Wales” in both places.
(3) In subsection (5) omit “in Wales”.
38 (1) Section 70 (investigations: further provisions) is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In subsection (5) omit “in Wales”.
39 In section 71(4) (reports etc) omit “in Wales”.
40 In section 72(6) (interim reports) omit “in Wales”.
41 In section 73 (matters referred to monitoring officers) omit subsection (6).
42 In section 77(7) (offence of failure to comply with regulations about adjudications in Wales or equivalent provisions of Tribunal Procedure Rules) omit the words from “, or with” to “First-tier Tribunal,”.
43 (1) Section 78 (decisions of the First-tier Tribunal or interim case tribunals) is amended as follows.
(2) In the heading omit “the First-tier Tribunal or”.
(3) In subsection (1)—
(a) omit “the First-tier Tribunal or”, and
(b) in paragraph (a) omit “65(3) or”.
(4) In subsection (2) for “the tribunal concerned” substitute “ the interim case tribunal ”.
(5) In subsection (3) for “the tribunal concerned” substitute “ the interim case tribunal ”.
(6) Omit subsection (4).
(7) In subsection (6) omit “78A or”.
(8) In subsection (8A)—
(a) omit paragraph (a), and
(b) in paragraph (b) omit “where the relevant authority concerned is in Wales,”.
(9) In subsection (9) omit—
(a) “The First-tier Tribunal or (as the case may be)”, and
(b) “59 or”.
(10) Omit subsections (9A) to (9D).
44 Omit section 78A (decisions of First-tier Tribunal).
45 Omit section 78B (section 78A: supplementary).
46 In section 79(13) (decisions of case tribunals: Wales) in subsection (13) omit “in Wales”.
47 (1) Section 80 (recommendations by First-tier Tribunal or case tribunals) is amended as follows.
(2) In the heading omit “First-tier Tribunal or”.
(3) In subsection (1) omit “the First-tier Tribunal or”.
(4) In subsection (2) for “The tribunal concerned” substitute “ A case tribunal ”.
(5) In subsection (3) for “relevant person” substitute “ Public Services Ombudsman for Wales ”.
(6) In subsection (5) for “relevant person” in both places substitute “ Public Services Ombudsman for Wales ”.
(7) Omit subsection (6).
48 (1) Section 81 (disclosure and registration of members' interests) is amended as follows.
(2) In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.
(3) In subsection (7)—
(a) omit paragraph (b), and
(b) in paragraph (c) omit “if it is a relevant authority in Wales,”.
(4) Omit subsection (8).
49 (1) Section 82 (code of conduct for local government employees) is amended as follows.
(2) Omit subsection (1).
(3) In subsection (2) omit “in Wales (other than police authorities)”.
(4) In subsection (3) omit “(1) or”.
(5) Omit subsections (4) and (5).
(6) In subsection (6)(a)—
(a) omit “in Wales”, and
(b) for “such” substitute “ those ”.
(7) In paragraph (9) omit—
(a) paragraph (a), and
(b) in paragraph (b) “in relation to Wales,”.
50 In section 82A (monitoring officers: delegation of functions under Part 3), omit “57A, 60(2) or (3), 64(2) or (4),”.
51 (1) Section 83 (interpretation of Part 3) is amended as follows.
(2) In subsection (1)—
(a) omit the definitions of—
(i) “the Audit Commission”,
(ii) “ethical standards officer”, and
(iii) “police authority”, and
(b) in the definition of “model code of conduct” omit “(1) and”.
(3) Omit subsections (4), (12), (15) and (16).
52 In section 105(6) (orders and regulations) omit “, 49, 63(1)(j)”.
53 Omit Schedule 4 (Standards Board for England).
Freedom of Information Act 2000 (c. 36)
54 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) omit the entry for the Standards Board for England.
Local Government and Public Involvement in Health Act 2007 (c. 28)
55 (1) Section 183 of the Local Government and Public Involvement in Health Act 2007 (conduct of local authority members: codes of conduct) is amended as follows.
(2) In subsection (1) omit the subsections (2A) and (2B) to be inserted into section 49 of the Local Government Act 2000.
(3) In subsection (2) omit the subsections (4A) and (4B) to be inserted into section 50 of the Local Government Act 2000.
(4) In subsection (3) omit the subsections (4A) and (4B) to be inserted into section 51 of the Local Government Act 2000.
(5) In subsection (7)(b) omit “in Wales other than a police authority”.
PART 2 Provision supplementary to Part 1
Codes of conduct under the Local Government Act 2000
56 (1) A code of conduct adopted by a relevant authority (within the meaning of this Chapter of this Part of this Act) ceases to have effect.
(2) An undertaking to comply with a code of conduct given by a person under section 52 of the Local Government Act 2000 or as part of a declaration of acceptance of office in a form prescribed by order under section 83 of the Local Government Act 1972 ceases to have effect when the code ceases to have effect.
(3) In this paragraph “code of conduct” means a code of conduct under section 51 of the Local Government Act 2000 or a model code of conduct issued by order under section 50(1) of that Act.
Power to make provision in connection with the abolition of Standards Board for England
57 (1) The Secretary of State may by order make provision in connection with the abolition of the Standards Board for England (“the Board”).
(2) An order under this paragraph may make provision that has effect on or before the abolition date.
(3) An order under this paragraph may, in particular, make provision about the property, rights and liabilities of the Board (including rights and liabilities relating to contracts of employment).
(4) This includes—
(a) provision for the transfer of property, rights and liabilities (including to the Secretary of State), and
(b) provision for the extinguishment of rights and liabilities.
(5) An order under this paragraph that makes provision for the transfer of property, rights and liabilities may—
(a) make provision for certificates issued by the Secretary of State to be conclusive evidence that property has been transferred;
(b) make provision about the transfer of property, rights and liabilities that could not otherwise be transferred;
(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Board in respect of anything transferred;
(d) make provision for references to the Board in an instrument or document in respect of anything transferred to be treated as references to the transferee.
(6) An order under this paragraph may—
(a) make provision about the continuing effect of things done by or in relation to the Board before such date as the order may specify;
(b) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Board on such a date;
(c) make provision for references to the Board in an instrument or document to be treated on and after such a date as references to such person as the order may specify;
(d) make provision for the payment of compensation by the Secretary of State to persons affected by the provisions it makes about the property, rights and liabilities of the Board.
Power to give directions in connection with the abolition of Standards Board for England
58 (1) The Secretary of State may direct the Board to take such steps as the Secretary of State may specify in connection with the abolition of the Board.
(2) The Secretary of State may, in particular, give directions to the Board about information held by the Board, including—
(a) directions requiring information to be transferred to another person (including to the Secretary of State);
(b) directions requiring information to be destroyed or made inaccessible.
(3) The Secretary of State may make available to the Board such facilities as the Board may reasonably require for exercising its functions by virtue of this Part of this Schedule.
(4) The Secretary of State may exercise a function of the Board for the purposes of taking steps in connection with its abolition (including functions by virtue of an order under paragraph 57).
(5) Sub-paragraph (4) does not prevent the exercise of the function by the Board.
(6) In the case of a duty of the Board, sub-paragraph (4) permits the Secretary of State to comply with that duty on behalf of the Board but does not oblige the Secretary of State to do so.
Final statement of accounts
59 (1) As soon as is reasonably practicable after the abolition date, the Secretary of State must prepare—
(a) a statement of the accounts of the Board for the last financial year to end before the abolition date, and
(b) a statement of the accounts of the Board for the period (if any) beginning immediately after the end of that financial year and ending immediately before the abolition date.
(2) The Secretary of State must, as soon as is reasonably practicable after preparing a statement under this paragraph, send a copy of it to the Comptroller and Auditor General.
(3) The Comptroller and Auditor General must—
(a) examine, certify and report on the statement, and
(b) lay a copy of the statement and the report before each House of Parliament.
(4) Sub-paragraph (1)(a) does not apply if the Board has already sent a copy of its statement of accounts for the year to the Comptroller and Auditor General.
(5) In such a case the repeal of paragraph 13(4B) of Schedule 4 to the Local Government Act 2000 does not remove the obligation of the Comptroller and Auditor General to take the steps specified in that provision in relation to the statement of accounts if the Comptroller has not already done so.
Disclosure of information
60 (1) Section 63 of the Local Government Act 2000 applies in relation to information obtained by a person who is exercising a function of the Board by virtue of paragraph 58(4) as it applies to information obtained by an ethical standards officer.
(2) That section has effect (in relation to information to which it applies apart from sub-paragraph (1) as well as to information to which it applies by virtue of that sub-paragraph) as if it permitted the disclosure of information for the purposes of the abolition of the Board.
(3) The repeal by Part 1 of that section, or of any provision by virtue of which it is applied to information obtained other than by ethical standards officers, does not affect its continuing effect in relation to information to which it applied before its repeal (including by virtue of this paragraph).
Interpretation
61 In this Part of this Schedule—
“the abolition date” means the date on which paragraphs 17 and 53 (repeal of section 57 of and Schedule 4 to the Local Government Act 2000) come fully into force;
“the Board” has the meaning given by paragraph 57(1);
“financial year” means the period of 12 months ending with 31 March in any year.
SCHEDULE 5 New Chapter 4ZA of Part 1 of the Local Government Finance Act 1992
Section 72
This is the Chapter referred to in section 72(1)—
CHAPTER 4ZA Referendums relating to council tax increases
Interpretation of Chapter
Interpretation of Chapter
52ZA (1) In this Chapter—
(a) a reference to a billing authority is to a billing authority in England,
(b) a reference to a major precepting authority is to a major precepting authority in England, and
(c) a reference to a local precepting authority is to a local precepting authority in England.
(2) In this Chapter—
(a) a reference to an authority is to an authority of a kind mentioned in subsection (1) above;
(b) a reference to a precepting authority is to an authority of a kind mentioned in subsection (1)(b) or (c) above.
(3) Section 52ZX below defines references in this Chapter to an authority's relevant basic amount of council tax.
Determination of whether increase excessive
Duty to determine whether council tax excessive
52ZB (1) A billing authority must determine whether its relevant basic amount of council tax for a financial year is excessive.
(2) Sections 52ZF to 52ZI below (duty to hold referendum etc in case of excessive council tax increase by billing authority) apply where the amount mentioned in subsection (1) above is excessive.
(3) A major precepting authority must determine whether its relevant basic amount of council tax for a financial year is excessive.
(4) Sections 52ZJ and 52ZK and 52ZN to 52ZP below (duty to hold referendum etc in case of excessive council tax increase by major precepting authority) apply where an amount mentioned in subsection (3) above is excessive.
(5) A local precepting authority must determine whether its relevant basic amount of council tax for a financial year is excessive.
(6) Sections 52ZL to 52ZP below (duty to hold referendum etc in case of excessive council tax increase by local precepting authority) apply where the amount mentioned in subsection (5) above is excessive.
(7) A determination under this section for a financial year must be made as soon as is reasonably practicable after principles under section 52ZC below for that year are approved by a resolution of the House of Commons under section 52ZD below.
Determination of whether increase is excessive
52ZC (1) The question whether an authority's relevant basic amount of council tax for a financial year (“the year under consideration”) is excessive must be decided in accordance with a set of principles determined by the Secretary of State for the year.
(2) A set of principles—
(a) may contain one principle or two or more principles;
(b) must constitute or include a comparison falling within subsection (3) below.
(3) A comparison falls within this subsection if it is between—
(a) the authority's relevant basic amount of council tax for the year under consideration, and
(b) the authority's relevant basic amount of council tax for the financial year immediately preceding the year under consideration.
(4) If for the purposes of this section the Secretary of State determines categories of authority for the year under consideration—
(a) any principles determined for the year must be such that the same set is determined for all authorities (if more than one) falling within the same category;
(b) as regards an authority which does not fall within any of the categories, the authority's relevant basic amount of council tax for the year is not capable of being excessive for the purposes of this Chapter.
(5) If the Secretary of State does not determine such categories, any principles determined for the year under consideration must be such that the same set is determined for all authorities.
(6) A principle that applies to the Greater London Authority and that constitutes or includes a comparison falling within subsection (3) above may only provide for—
(a) a comparison between unadjusted relevant basic amounts of council tax,
(b) a comparison between adjusted relevant basic amounts of council tax, or
(c) a comparison within paragraph (a) and a comparison within paragraph (b).
(7) In determining categories of authorities for the year under consideration the Secretary of State must take into account any information that the Secretary of State thinks is relevant.
Approval of principles
52ZD (1) The principles for a financial year must be set out in a report which must be laid before the House of Commons.
(2) If a report for a financial year is not laid before the specified date or, if so laid, is not approved by resolution of the House of Commons on or before the specified date—
(a) no principles have effect for that year, and
(b) accordingly, no authority's relevant basic amount of council tax for the year is capable of being excessive for the purposes of this Chapter.
(3) If the Secretary of State does not propose to determine a set of principles for a financial year, the Secretary of State must lay a report before the House of Commons before the specified date giving the Secretary of State's reasons for not doing so.
(4) In this section “the specified date”, in relation to a financial year, means the date on which the local government finance report for the year under section 78A of the 1988 Act is approved by resolution of the House of Commons.
Alternative notional amounts
52ZE (1) The Secretary of State may make a report specifying an alternative notional amount in relation to any year under consideration and any authority.
(2) An alternative notional amount is an amount which the Secretary of State thinks should be used as the basis of any comparison in applying section 52ZC above in place of the authority's relevant basic amount of council tax for the preceding year.
(3) A report under this section—
(a) may relate to two or more authorities;
(b) may be amended by a subsequent report under this section;
(c) must contain such explanation as the Secretary of State thinks desirable of the need for the calculation of the alternative notional amount and the method for that calculation;
(d) must be laid before the House of Commons.
(4) Subsection (5) below applies if a report under this section for a financial year is approved by resolution of the House of Commons on or before the date on which the report under section 52ZD above for that year is approved by resolution of the House of Commons.
(5) Section 52ZC above has effect, as regards the year under consideration and any authority to which the report relates, as if the reference in subsection (3) of that section to the authority's relevant basic amount of council tax for the financial year immediately preceding the year under consideration were a reference to the alternative notional amount for that year.
(6) In this section “year under consideration” has the same meaning as in section 52ZC above.
Excessive increase in council tax by billing authority
Billing authority's duty to make substitute calculations
52ZF (1) The billing authority must make substitute calculations for the financial year in compliance with this section; but those calculations do not have effect for the purposes of Chapter 3 above except in accordance with sections 52ZH and 52ZI below.
(2) Substitute calculations for a financial year comply with this section if—
(a) they are made in accordance with sections 31A, 31B and 34 to 36 above, ignoring section 31A(11) above for this purpose,
(b) the relevant basic amount of council tax produced by applying section 52ZX below to the calculations is not excessive by reference to the principles determined by the Secretary of State under section 52ZC above for the year, and
(c) they are made in accordance with this section.
(3) In making the substitute calculations, the authority must—
(a) use the amount determined in the previous calculation for the year under section 31A(3) above so far as relating to amounts which the authority estimates it will accrue in the year in respect of redistributed non-domestic rates, revenue support grant, additional grant, special grant or (in the case of the Common Council only) police grant, and
(b) use the amount determined in the previous calculation for the year for item T in section 31B(1) above and (where applicable) item TP in section 34(3) above.
(4) For the purposes of subsection (2) above the authority may treat any amount determined in the previous calculation under section 31A(3) above as increased by the amount of any sum which—
(a) it estimates it will accrue in the year in respect of additional grant, and
(b) was not taken into account by it in making the previous calculation.
Arrangements for referendum
52ZG (1) The billing authority must make arrangements to hold a referendum in relation to the authority's relevant basic amount of council tax for the financial year in accordance with this section.
(2) Subject as follows, the referendum is to be held on a date decided by the billing authority.
(3) That date must be not later than—
(a) the first Thursday in May in the financial year, or
(b) such other date in that year as the Secretary of State may specify by order.
(4) An order under subsection (3) above must be made not later than—
(a) 1 February in the financial year preceding the year mentioned in paragraph (b) of that subsection, or
(b) in the case of an order affecting more than one financial year, 1 February in the financial year preceding the first of those years.
(5) The persons entitled to vote in the referendum are those who, on the day of the referendum—
(a) would be entitled to vote as electors at an election for members for an electoral area of the billing authority, and
(b) are registered in the register of local government electors at an address within the billing authority's area.
(6) In this section—
“electoral area” means—
where the billing authority is a district council, a London borough council or the Common Council of the City of London, a ward;
where the billing authority is a county council, an electoral division;
where the billing authority is the Council of the Isles of Scilly, a parish;
“register of local government electors” means the register of local government electors kept in accordance with the provisions of the Representation of the People Acts.
(7) This section is subject to regulations under section 52ZQ below.
Effect of referendum
52ZH (1) The billing authority must inform the Secretary of State of the result of the referendum.
(2) Subsection (3) below applies if the result is that the billing authority's relevant basic amount of council tax for the financial year is approved by a majority of persons voting in the referendum.
(3) The authority's calculations from which that amount was derived continue to have effect for that year for the purposes of this Act.
(4) Subsection (5) below applies if the result is that the billing authority's relevant basic amount of council tax for the financial year is not approved by a majority of persons voting in the referendum.
(5) The substitute calculations made in relation to the year under section 52ZF above have effect in relation to the authority and the financial year.
Failure to hold referendum
52ZI (1) If the billing authority fails to hold a referendum in accordance with this Chapter, the substitute calculations made in relation to the year under section 52ZF above have effect in relation to the authority and the financial year.
(2) If the authority has not made those substitute calculations, during the period of restriction the authority has no power to transfer any amount from its collection fund to its general fund; and sections 97 and 98 of the 1988 Act have effect accordingly.
(3) In subsection (2) above “the period of restriction” means the period—
(a) beginning with the latest date on which the referendum could have been held, and
(b) ending with the date (if any) when the billing authority makes the substitute calculations.
Excessive increase in council tax by precepting authority
Major precepting authority's duty to make substitute calculations
52ZJ (1) The major precepting authority must make substitute calculations for the financial year in compliance with this section.
(2) Substitute calculations made for a financial year by a major precepting authority other than the Greater London Authority comply with this section if—
(a) they are made in accordance with sections 42A, 42B and 45 to 48 above,
(b) the relevant basic amount of council tax for the year produced by the calculations is not excessive by reference to the principles determined by the Secretary of State under section 52ZC above for the year, and
(c) they are made in accordance with this section.
(3) Substitute calculations made for a financial year by the Greater London Authority comply with this section if—
(a) they are made by applying the relevant London provisions and sections 47 and 48 above to the Authority's substitute consolidated council tax requirement for the year, and
(b) they are made in accordance with this section.
(4) In making the substitute calculations, a major precepting authority other than the Greater London Authority must—
(a) use the amount determined in the previous calculation under section 42A(3) above so far as relating to amounts which the authority estimates it will accrue in the year in respect of redistributed non-domestic rates, revenue support grant, additional grant, special grant or police grant, and
(b) use the amount determined in the previous calculation for item T in section 42B(1) above or (where applicable) item TP in section 45(3) above.
(5) For the purposes of subsection (2) above the authority may treat any amount determined in the previous calculation under section 42A(3) above as increased by the amount of any sum which—
(a) it estimates it will accrue in the year in respect of additional grant, and
(b) was not taken into account by it in making the previous calculation.
(6) In making the substitute calculations, the Greater London Authority must use any amount determined in the previous calculations for item T in section 88(2) of the Greater London Authority Act 1999 or for item TP2 in section 89(4) of that Act.
(7) In this Chapter—
“the relevant London provisions” means sections 88 and (where applicable) 89 of the Greater London Authority Act 1999;
“the Authority's substitute consolidated council tax requirement”, in relation to a financial year, means the Authority's substitute consolidated council tax requirement—
agreed under Schedule 6 to the Greater London Authority Act 1999, or
set out in its substitute consolidated budget as agreed under that Schedule,
as the case may be.
Major precepting authority's duty to notify appropriate billing authorities
52ZK (1) The major precepting authority must notify each appropriate billing authority—
(a) that its relevant basic amount of council tax for a financial year is excessive, and
(b) that the billing authority is required to hold a referendum in accordance with this Chapter.
(2) A notification under this section must include a precept in accordance with the following provisions; but that precept does not have effect for the purposes of Chapters 3 and 4 above except in accordance with sections 52ZO and 52ZP below.
(3) A precept issued to a billing authority under this section by a major precepting authority other than the Greater London Authority must state—
(a) the amount which, in relation to the year and each category of dwellings in the billing authority's area, has been calculated by the precepting authority in accordance with sections 42A, 42B and 45 to 47 above as applied by section 52ZJ above, and
(b) the amount which has been calculated by the precepting authority in accordance with section 48 above as applied by section 52ZJ above as the amount payable by the billing authority for the year.
(4) Dwellings fall within different categories for the purposes of subsection (3) above according as different calculations have been made in relation to them as mentioned in paragraph (a) of that subsection.
(5) A precept issued to a billing authority under this section by the Greater London Authority must state—
(a) the amount which, in relation to the year and each category of dwellings in the billing authority's area, has been calculated by applying, in accordance with section 52ZJ above, the relevant London provisions and section 47 above to the Authority's substitute consolidated council tax requirement, and
(b) the amount which has been calculated by the Authority in accordance with section 48 above as applied by section 52ZJ above as the amount payable by the billing authority for the year.
(6) Dwellings fall within different categories for the purposes of subsection (5) above according as different calculations have been made in relation to them as mentioned in paragraph (a) of that subsection.
(7) A major precepting authority must assume for the purposes of subsections (3) and (5) above that each of the valuation bands is shown in the billing authority's valuation list as applicable to one or more dwellings situated in its area or (as the case may be) each part of its area as respects which different calculations have been made.
(8) The Secretary of State must by regulations prescribe a date by which a notification under this section must be made.
(9) This section does not require the Greater London Authority to notify a billing authority to which this subsection applies unless the Authority's unadjusted relevant basic amount of council tax for the year is excessive.
(10) Subsection (9) above applies to a billing authority if the special item within the meaning of section 89(2) of the Greater London Authority Act 1999 does not apply to any part of the authority's area.
Local precepting authority's duty to make substitute calculations
52ZL (1) The local precepting authority must make substitute calculations for the financial year in compliance with this section.
(2) Substitute calculations for a financial year comply with this section if—
(a) they are made in accordance with section 49A above, and
(b) the relevant basic amount of council tax produced by applying section 52ZX below to the calculations is not excessive by reference to the principles determined by the Secretary of State under section 52ZC above for the year.
Local precepting authority's duty to notify appropriate billing authority
52ZM (1) The local precepting authority must notify its appropriate billing authority—
(a) that its relevant basic amount of council tax for a financial year is excessive, and
(b) that the billing authority is required to hold a referendum in accordance with this Chapter.
(2) A notification under this section must include a precept in accordance with subsection (3) below; but that precept does not have effect for the purposes of Chapters 3 and 4 above except in accordance with sections 52ZO and 52ZP below.
(3) The precept must state, as the amount payable by the billing authority for the year, the amount which has been calculated by the local precepting authority under section 49A above as applied by section 52ZL above.
(4) The Secretary of State must by regulations prescribe a date by which the notification must be made.
Arrangements for referendum
52ZN (1) A billing authority that is notified under section 52ZK or 52ZM above must make arrangements to hold a referendum in relation to the precepting authority's relevant basic amount of council tax for the financial year in accordance with this section.
(2) Where the referendum is one of two or more referendums required to be held in respect of the same calculation, it is to be held on—
(a) the first Thursday in May in the financial year, or
(b) such other date as the Secretary of State may specify by order.
(3) Otherwise the referendum is to be held on a date decided by the billing authority; but this is subject to subsection (4) below.
(4) That date must be not later than—
(a) the first Thursday in May in the financial year, or
(b) such other date in that year as the Secretary of State may specify by order.
(5) An order under subsection (2) or (4) above must be made not later than—
(a) 1 February in the financial year preceding the year mentioned in paragraph (b) of that subsection, or
(b) in the case of an order affecting more than one financial year, 1 February in the financial year preceding the first of those years.
(6) The persons entitled to vote in the referendum are those who, on the day of the referendum—
(a) would be entitled to vote as electors at an election for members for an electoral area of the billing authority that falls wholly or partly within the precepting authority's area, and
(b) are registered in the register of local government electors at an address that is within both—
(i) the precepting authority's area, and
(ii) the billing authority's area.
(7) Subject to subsection (8) below, the billing authority may recover from the precepting authority the expenses that are incurred by the billing authority in connection with the referendum.
(8) The Secretary of State may by regulations make provision for cases in which—
(a) subsection (7) above does not apply, or
(b) that subsection applies with modifications.
(9) In this section—
“electoral area” means—
in relation to a district council, a London borough council or the Common Council of the City of London, a ward;
in relation to a county council, an electoral division;
in relation to the Council of the Isles of Scilly, a parish;
“register of local government electors” means the register of local government electors kept in accordance with the provisions of the Representation of the People Acts.
(10) This section is subject to regulations under section 52ZQ below.
Effect of referendum
52ZO (1) The precepting authority must inform the Secretary of State of the result of the referendum or (as the case may be) each of them.
(2) Subsection (3) below applies if—
(a) in a case where one referendum is held in respect of the precepting authority's relevant basic amount of council tax for the financial year, that amount is approved by a majority of persons voting in the referendum, or
(b) in a case where two or more referendums are held in respect of that amount, that amount is approved by a majority of persons voting in all of those referendums taken together.
(3) The precepting authority's calculations that include that amount or (as the case may be) from which that amount was derived continue to have effect for the year for the purposes of this Act.
(4) Subsections (5) and (6) below apply if—
(a) in a case where one referendum is held in respect of the precepting authority's relevant basic amount of council tax for a financial year, that amount is not approved by a majority of persons voting in the referendum, or
(b) in a case where two or more referendums are held in respect of that amount, that amount is not approved by a majority of persons voting in all of those referendums taken together.
(5) Any precept issued to a billing authority under section 52ZK or 52ZM above as part of a notification that triggered the referendum has effect as a precept issued to that billing authority for the year for the purposes of Chapter 3 above.
(6) Where the precept was issued to a billing authority by a local precepting authority under section 52ZM above, section 36A above has effect in relation to the billing authority as if it required the authority to make calculations in substitution on the basis of the precept (rather than permitting it to do so).
(7) In the case of a major precepting authority other than the Greater London Authority, section 30 above has effect by virtue of subsection (5) above in relation to that precept as if—
(a) references to amounts calculated under Chapter 4 above were to amounts calculated as mentioned in section 52ZJ(2) above, and
(b) the reference to the amount stated in accordance with section 40 above were to the amount stated in accordance with section 52ZK(3)(b) above.
(8) In the case of the Greater London Authority, section 30 above has effect by virtue of subsection (5) above in relation to that precept as if—
(a) references that are to be read as amounts calculated under Chapter 1 of Part 3 of the Greater London Authority Act 1999 were to amounts calculated as mentioned in section 52ZJ(3) above, and
(b) the reference to the amount stated in accordance with section 40 above were to the amount stated in accordance with 52ZK(5)(b) above.
(9) If the precepting authority has already issued a precept for the financial year (originally or by way of substitute) to the billing authority—
(a) subsections (3) and (4) of section 42 above apply to the precept within subsection (5) above as they apply to a precept issued in substitution under that section, but
(b) the references in those subsections to the amount of the new precept are to be read as references to the amount stated in the precept within subsection (5) above in accordance with section 52ZK(3)(b) or (5)(b) above.
Failure to hold referendum
52ZP (1) This section applies if a billing authority that is required to be notified by a precepting authority under section 52ZK or 52ZM above fails to hold a referendum in accordance with this Chapter.
(2) Subsections (3) to (6) below apply if the precepting authority has failed to notify the billing authority in accordance with section 52ZK or 52ZM above.
(3) The precepting authority must issue a precept for the year to the billing authority in accordance with that section; and such a precept has effect for the purposes of Chapter 3 above.
(4) During the period of restriction no billing authority to which the precepting authority has power to issue a precept has power to pay anything in respect of a precept issued by the precepting authority for the year.
(5) In subsection (4) above “the period of restriction” means the period—
(a) beginning with the date on which the referendum would have been required to be held or (as the case may be) the latest date on which it could have been held if the notification had been made, and
(b) ending with the date (if any) when the precepting authority complies with subsection (3) above.
(6) Where a precept under subsection (3) above is issued to a billing authority by a local precepting authority, section 36A above has effect in relation to the billing authority as if it required the authority to make calculations in substitution on the basis of the precept (rather than permitting it to do so).
(7) If the precepting authority has notified the billing authority in accordance with section 52ZK or 52ZM above, the precept issued to the billing authority under section 52ZK or 52ZM above as part of the notification has effect as a precept issued to that billing authority for the year for the purposes of Chapter 3 above.
(8) Where the precept was issued to a billing authority by a local precepting authority under section 52ZM above, section 36A above has effect in relation to the billing authority as if it required the authority to make calculations in substitution on the basis of the precept (rather than permitting it to do so).
(9) Subsections (7) to (9) of section 52ZO above apply to a precept within subsection (3) or (7) above as they apply to a precept within subsection (5) of that section.
Regulations about referendums
Regulations about referendums
52ZQ (1) The Secretary of State may by regulations make provision as to the conduct of referendums under this Chapter.
(2) The Secretary of State may by regulations make provision for—
(a) the combination of polls at two or more referendums under this Chapter;
(b) the combination of polls at referendums under this Chapter with polls at any elections or any referendums held otherwise than under this Chapter.
(3) Regulations under this section may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.
(4) The provision which may be made under this section includes, in particular, provision—
(a) as to the question to be asked in a referendum;
(b) as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum and its result);
(c) about the limitation of expenditure in connection with a referendum;
(d) as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum (including provision modifying the effect of section 2 (prohibition of political publicity) of the Local Government Act 1986);
(e) as to when, where and how voting in a referendum is to take place;
(f) as to how the votes cast in a referendum are to be counted;
(g) for disregarding alterations in a register of electors;
(h) for the questioning of the result of a referendum by a court or tribunal.
(5) But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that offence.
(6) Before making any regulations under this section, the Secretary of State must consult the Electoral Commission.
(7) No regulations under this section are to be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.
(8) In this section “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
Directions that referendum provisions are not to apply
Direction that referendum provisions are not to apply
52ZR (1) The Secretary of State may give a direction under this section to an authority other than the Greater London Authority if it appears to the Secretary of State that, unless the authority's council tax calculations are such as to produce a relevant basic amount of council tax that is excessive by reference to the principles determined by the Secretary of State for the year—
(a) the authority will be unable to discharge its functions in an effective manner, or
(b) the authority will be unable to meet its financial obligations.
(2) The Secretary of State may give a direction under this section to the Greater London Authority if it appears to the Secretary of State that, unless the Authority's council tax calculations are such as to produce a relevant basic amount of council tax that is excessive by reference to the principles determined by the Secretary of State for the year—
(a) one or more of the Authority's constituent bodies will be unable to discharge its functions in an effective manner, or
(b) one or more of those bodies will be unable to meet its financial obligations.
(3) The effect of a direction under this section is that the referendum provisions do not apply for the financial year to, and no further step is to be taken for the financial year under the referendum provisions by—
(a) the authority to whom it is made, and
(b) where that authority is a precepting authority, a billing authority as a result of any notification under section 52ZK or 52ZM above by the precepting authority.
(4) A direction under this section may be given to an authority other than the Greater London Authority—
(a) whether or not the authority has carried out its council tax calculations for the financial year, and
(b) in the case of a billing authority, whether or not the authority has set an amount of council tax for the financial year under section 30 above.
(5) A direction under this section may be given to the Greater London Authority only if it has carried out its council tax calculations for the financial year.
(6) But a direction under this section may not be given to an authority if—
(a) a referendum has been held relating to the authority's relevant basic amount of council tax for the financial year, and
(b) that amount has not been approved as mentioned in section 52ZH above (where the authority is a billing authority) or section 52ZO above (where the authority is a precepting authority).
(7) The following sections make further provision about the effect of a direction under this section—
(a) for a billing authority: section 52ZS below;
(b) for a major precepting authority other than the Greater London Authority: section 52ZT below;
(c) for the Greater London Authority: section 52ZU below;
(d) for a local precepting authority: section 52ZV below.
(8) In this Part—
“constituent body” means—
the Mayor of London,
the London Assembly, or
a functional body within the meaning of section 424 of the Greater London Authority Act 1999;
“council tax calculations” means—
in relation to a billing authority, calculations under sections 31A, 31B and 34 to 36 above,
in relation to a major precepting authority other than the Greater London Authority, calculations under sections 42A, 42B and 45 to 48 above,
in relation to the Greater London Authority, calculations under sections 85 to 90 of the Greater London Authority Act 1999 and sections 47 and 48 above, and
in the case of a local precepting authority, calculations under section 49A above;
“the referendum provisions” means—
where the direction is given to a billing authority, sections 52ZB and 52ZF to 52ZI above,
where the direction is given to a major precepting authority, sections 52ZB, 52ZJ, 52ZK and 52ZN to 52ZP above, and
where the direction is given to a local precepting authority, sections 52ZB and 52ZL to 52ZP above.
Directions to billing authorities
52ZS (1) This section applies if the Secretary of State gives a direction under section 52ZR above to a billing authority.
(2) The direction must state the amount that is to be the amount of the billing authority's council tax requirement for the financial year.
(3) If the direction is given before the billing authority has carried out its council tax calculations for the financial year, that amount is to be treated for all purposes as the amount calculated by the billing authority under section 31A above.
(4) If the direction is given after the billing authority has carried out its council tax calculations for the financial year (whether or not it has set an amount of council tax for the year)—
(a) those calculations are of no effect, and
(b) the authority must make substitute calculations for the year in accordance with section 36A above.
(5) For the purposes of those and any subsequent substitute calculations and the application of Chapter 3 above to them—
(a) the amount stated in the direction as the amount of the billing authority's council tax requirement for the financial year is to be treated as the amount calculated by the billing authority under section 31A above, and
(b) subsections (2)(a) and (4) of section 36A above are to be ignored.
Directions to major precepting authorities
52ZT (1) This section applies if the Secretary of State gives a direction under section 52ZR above to a major precepting authority other than the Greater London Authority.
(2) The direction must state the amount that is to be the amount of the major precepting authority's council tax requirement for the financial year.
(3) If the direction is given before the major precepting authority has carried out its council tax calculations for the financial year, that amount is to be treated for all purposes as the amount calculated by the major precepting authority under section 42A above.
(4) If the direction is given after the major precepting authority has carried out its council tax calculations for the financial year (whether or not it has issued a precept for the year)—
(a) those calculations are of no effect, and
(b) the authority must make substitute calculations for the year in accordance with section 49 above.
(5) For the purposes of those and any subsequent substitute calculations and the application of Chapters 3 and 4 above to them—
(a) the amount stated in the direction as the amount of the major precepting authority's council tax requirement for the financial year is to be treated as the amount calculated by the billing authority under section 42A above, and
(b) subsection (2)(za) of section 49 above is to be ignored.
Directions to the Greater London Authority
52ZU (1) This section applies if the Secretary of State gives a direction under section 52ZR above to the Greater London Authority.
(2) The direction must specify the amount that is to be the component council tax requirement for the relevant constituent body for the year.
(3) The Greater London Authority must make calculations in substitution in relation to the financial year under subsections (4) to (7) of section 85 of the Greater London Authority Act 1999 in relation to—
(a) the relevant constituent body alone, or
(b) the relevant constituent body and one or more other constituent bodies.
(4) Subsection (5) below applies if the result of the substitute calculations is such that—
(a) there is an increase in the Greater London Authority's consolidated council tax requirement for the year, or
(b) there is no such increase, but the results of the calculations in substitution made in accordance with sections 85, 86 and 88 to 90 of and Schedule 7 to the Greater London Authority Act 1999 and sections 47 and 48 above would be different from the last relevant calculations in relation to the year.
(5) The Greater London Authority must make calculations in substitution in accordance with the provisions mentioned in subsection (4)(b) above.
(6) In subsection (4)(b) above “the last relevant calculations” means the last calculations made by the Greater London Authority in relation to the financial year in accordance with—
(a) sections 85 to 90 of the Greater London Authority Act 1999 and sections 47 and 48 above, or
(b) sections 85, 86 and 88 to 90 of and Schedule 7 to that Act and sections 47 and 48 above.
(7) None of the substitute calculations is to have any effect if—
(a) the amount calculated under section 85(6) or (7) of the Greater London Authority Act 1999 for the relevant constituent body is not in compliance with the direction,
(b) there is an increase in the Greater London Authority's consolidated council tax requirement for the financial year (as last calculated) which exceeds the increase required to be made to the component council tax requirement for the relevant constituent body (as last calculated for the year) to comply with the direction, or
(c) in making the calculations under section 88(2) or 89(3) of that Act, the Authority fails to comply with subsection (8) below.
(8) In making substitute calculations under section 88(2) or 89(3) of the Greater London Authority Act 1999 the Greater London Authority must use any amount determined in the previous calculations for item T in section 88(2) of that Act or for item TP2 in section 89(4) of that Act.
(9) Subsections (7)(c) and (8) above do not apply if the previous calculations have been quashed because of a failure to comply with the appropriate Greater London provisions in making the calculations.
(10) For the purposes of subsection (9) above “the appropriate Greater London provisions” means—
(a) in the case of calculations required to be made in accordance with sections 85 to 90 of the Greater London Authority Act 1999 and sections 47 and 48 above, those provisions, and
(b) in the case of calculations required to be made in accordance with sections 85, 86 and 88 to 90 of and Schedule 7 to that Act and sections 47 and 48 above, those provisions.
(11) Any substitute calculations under this section are to be made in accordance with Schedule 7 to the Greater London Authority Act 1999.
(12) In this Part—
“component council tax requirement” has the meaning given by section 85(6) of the Greater London Authority Act 1999;
“consolidated council tax requirement” has the meaning given by section 85(8) of the Greater London Authority Act 1999;
“the relevant constituent body”, in relation to a direction under section 52ZR above, means the constituent body by reference to which the direction was given (or, if there is more than one such body, each of them).
Directions to local precepting authorities
52ZV (1) This section applies if the Secretary of State gives a direction under section 52ZR above to a local precepting authority.
(2) The direction must state the amount that is to be the amount of the local precepting authority's council tax requirement for the financial year.
(3) That amount is to be treated for all purposes as the amount calculated by the local precepting authority under section 49A above.
(4) If the direction is given after the local precepting authority has issued a precept for the financial year, that amount is to be treated for all purposes as an amount calculated by the authority in substitution in relation to the year in accordance with that section (so that, in particular, section 42 above applies accordingly).
Further provisions about directions
52ZW (1) An authority that is required to make substitute calculations for a financial year by virtue of any of sections 52ZS to 52ZU above—
(a) must make the calculations, and
(b) in the case of a major precepting authority, must issue any precepts in substitution required in consequence under section 42 above,
before the end of the period mentioned in subsection (3) below.
(2) A local precepting authority to which section 52ZV(4) above applies must issue any precepts in substitution required in consequence under section 42 above before the end of the period mentioned in subsection (3) below.
(3) That period is—
(a) the period of 35 days beginning with the day on which the authority receives the direction (where it is the Greater London Authority), or
(b) the period of 21 days beginning with the day on which the authority receives the direction (in any other case).
(4) In the case of a billing authority, the authority has no power during the period of restriction to transfer any amount from its collection fund to its general fund; and sections 97 and 98 of the 1988 Act have effect accordingly.
(5) In the case of a precepting authority, no authority to which it has power to issue a precept has power during the period of restriction to pay anything in respect of a precept issued by the precepting authority for the financial year.
(6) For the purposes of subsections (4) and (5) above “the period of restriction” is the period—
(a) beginning at the end of the period mentioned in subsection (3) above, and
(b) ending at the time (if any) when the authority complies with subsection (1) or (2) above (as the case may be).
(7) The following provisions of this section apply to substitute calculations by the Greater London Authority other than those made pursuant to section 52ZU above.
(8) Subject to variation or revocation, a direction under section 52ZR above has effect in relation to any substitute calculations made under any enactment by the Greater London Authority—
(a) in accordance with sections 85, 86 and 88 to 90 of and Schedule 7 to the Greater London Authority Act 1999 and sections 47 and 48 above,
(b) in relation to the financial year to which the direction relates, and
(c) at any time after the direction is given.
(9) Where a direction under section 52ZR above has effect in relation to any substitute calculations by virtue of subsection (8) above, none of the calculations have effect if the amount calculated under section 85(6) of the Greater London Authority Act 1999 for the relevant constituent body is not in compliance with the direction.
Meaning of basic amount of council tax
Meaning of relevant basic amount of council tax
52ZX (1) Any reference in this Chapter to a billing authority's relevant basic amount of council tax for a financial year is a reference to the amount that would be calculated by it in relation to the year under section 31B(1) above if section 31A above did not require or permit it to take into account—
(a) the amount of any precepts—
(i) issued to it for the year by local precepting authorities, or
(ii) anticipated by it in pursuance of regulations under section 41 above, or
(b) the amount of any levies and special levies—
(i) issued to it for the year, or
(ii) anticipated by it in pursuance of regulations under section 74 or 75 of the 1988 Act.
(2) In the case of a major precepting authority other than a county council or the Greater London Authority, any reference in this Chapter to the authority's relevant basic amount of council tax for a financial year is a reference to the amount calculated by it in relation to the year under section 42B(1) above.
(3) In the case of a major precepting authority that is a county council, any reference in this Chapter to the authority's relevant basic amount of council tax for a financial year is a reference to the amount that would be calculated by it in relation to the year under section 42B(1) above if section 42A above did not require or permit it to take into account the amount of any levies—
(a) issued to it for the year, or
(b) anticipated by it in pursuance of regulations under section 74 of the 1988 Act.
(4) In the case of a major precepting authority that is the Greater London Authority, any reference in this Chapter to the authority's relevant basic amount of council tax for a financial year is a reference to—
(a) the amount (referred to in this Chapter as the Greater London Authority's unadjusted relevant basic amount of council tax for the year) that would be calculated by it under section 88(2) of the Greater London Authority Act 1999 if sections 85 and 86 of that Act did not require or permit it—
(i) to take into account the amount of any levies issued to a constituent body for the year, or
(ii) to anticipate, in pursuance of regulations under section 74 of the 1988 Act, the issue of levies to a constituent body, or
(b) any amount (referred to in this Chapter as the Greater London Authority's adjusted relevant basic amount of council tax for the year) that would be calculated by it under section 89(3) of the Greater London Authority Act 1999 if sections 85 and 86 of that Act did not require or permit it—
(i) to take into account the amount of any levies issued to a constituent body for the year, or
(ii) to anticipate, in pursuance of regulations under section 74 of the 1988 Act, the issue of levies to a constituent body.
(5) Any reference in this Chapter to a local precepting authority's relevant basic amount of council tax for a financial year is a reference to the amount found by applying the formula—
R
T
where—
R is the amount calculated by the authority under section 49A(4) above as its council tax requirement for the year;
T is the amount which is calculated by the billing authority to which the authority issues precepts (“the billing authority concerned”) as its council tax base for the year for the part of its area comprising the authority's area and is notified by it to the authority within the prescribed period.
(6) Where the aggregate calculated by the authority for the year under subsection (2) of section 49A above does not exceed that so calculated under subsection (3) of that section, the amount for item R in subsection (5) above is to be nil.
(7) The Secretary of State must make regulations containing rules for making for any year the calculation required by item T in subsection (5) above; and the billing authority concerned must make the calculations for any year in accordance with the rules for the time being effective (as regards the year) under the regulations.
(8) Regulations prescribing a period for the purposes of item T in subsection (5) above may provide that, in any case where a billing authority fails to notify its calculation to the precepting authority concerned within that period, that item must be determined in the prescribed manner by such authority or authorities as may be prescribed.
(9) In the application of this section any calculation for which another has been substituted is to be disregarded.
Information for purposes of Chapter 4ZA
52ZY (1) The Secretary of State may serve on an authority a notice requiring it to supply to the Secretary of State such information as is specified in the notice and required for the purposes of the performance of the Secretary of State's functions under this Chapter.
(2) The authority must supply the information required if it is in its possession or control, and must do so in such form and manner and at such time as the Secretary of State specifies in the notice.
(3) If an authority fails to comply with subsection (2) above, the Secretary of State may exercise the Secretary of State's functions on the basis of such assumptions and estimates as the Secretary of State thinks fit.
(4) In exercising those functions, the Secretary of State may also take into account any other available information, whatever its source and whether or not obtained under a provision contained in or made under this or any other Act.
SCHEDULE 6 Council tax referendums: further amendments
Section 72
Local Government Finance Act 1992 (c. 14)
1 The Local Government Finance Act 1992 is amended as follows.
2 (1) Section 31 (substituted amounts) is amended as follows.
(2) In subsection (1) for the “or” at the end of paragraph (a) substitute—
(aa) substitute calculations it has made under section 52ZF below have effect by virtue of section 52ZH or 52ZI below; or
.
(3) After subsection (4) insert—
(4A) Subject to any provision made by regulations under subsection (6) below, where an authority sets amounts in substitution under subsection (1)(a) above in the circumstances described in section 52ZO(6) or 52ZP(6) or (8) below, it may recover from the local precepting authority in question administrative expenses incurred by it in, or in consequence of, so doing.
(4) In subsection (5) at the beginning insert “ Subject to any provision made by regulations under subsection (6) below, ”.
(5) After subsection (5) insert—
(6) The Secretary of State may by regulations make provision for cases in which—
(a) subsection (4A) or (5) above does not apply, or
(b) that subsection applies with modifications.
3 In section 42(1) (substituted precepts) before “52J” insert “ 52ZU, ”.
4 In section 52A (interpretation of Chapter 4A) in each of paragraphs (a) and (b) after “authority” insert “ in Wales ”.
5 (1) Section 52B (power to designate authorities) is amended as follows.
(2) In subsection (1)—
(a) for “Secretary of State's” substitute “Welsh Ministers'”,
(b) for “he” substitute “ they ”, and
(c) for “his” substitute “ their ”.
(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (5)—
(a) for “Secretary of State determines” substitute “ Welsh Ministers determine ”, and
(b) in paragraph (b) for “Secretary of State” substitute “ Welsh Ministers ” and for “his” substitute “ their ”.
(5) In subsection (6) for “he does” substitute “ they do ”.
(6) In subsection (7)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) for “he thinks” substitute “ they think ”.
(7) In subsection (8) for “Secretary of State” substitute “ Welsh Ministers ”.
6 (1) Section 52C (alternative notional amounts) is amended as follows.
(2) In subsection (1)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) for “his” substitute “ their ”.
(3) In subsection (3)—
(a) in paragraph (c)—
(i) for “Secretary of State thinks” substitute “ Welsh Ministers think ”, and
(ii) for “him” substitute “ them ”, and
(b) in paragraph (d) for “House of Commons” substitute “ National Assembly for Wales ”.
(4) In subsection (4) for “House of Commons” substitute “ National Assembly for Wales ”.
7 (1) Section 52D (designation or nomination) is amended as follows.
(2) In subsection (1) for “Secretary of State's” substitute “Welsh Ministers'”.
(3) In subsection (2) for “he” substitute “ they ”.
(4) In subsection (3) for “Secretary of State” substitute “ Welsh Ministers ”.
8 (1) Section 52E (designation) is amended as follows.
(2) In subsection (1) for “Secretary of State designates” substitute “ Welsh Ministers designate ”.
(3) In subsection (2)—
(a) in the opening words for “He” substitute “ They ”,
(b) in paragraph (c) for “he determines” substitute “ they determine ”,
(c) in each of paragraphs (d) and (e) for “he proposes” substitute “ they propose ”, and
(d) in paragraph (f) for “he expects” substitute “ they expect ”.
(4) In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.
9 (1) Section 52F (challenge of maximum amount) is amended as follows.
(2) In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (3)—
(a) in paragraph (a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) in paragraph (b) for “he thinks” substitute “ they think ”.
(5) In subsection (4)—
(a) for “he proceeds” substitute “ they proceed ”, and
(b) for “Secretary of State” substitute “ Welsh Ministers ”.
(6) In subsection (5)—
(a) in paragraph (a) for “Secretary of State's” substitute “Welsh Ministers'”, and
(b) in paragraph (c) for “Secretary of State” substitute “ Welsh Ministers ”.
(7) Omit subsection (6).
(8) In subsection (7)(a) for “House of Commons” substitute “ National Assembly for Wales ”.
(9) In subsection (8)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) in paragraph (b) for “he alters” substitute “ they alter ”.
(10) In subsection (9)—
(a) for “he serves” substitute “ they serve ”, and
(b) for “Secretary of State” substitute “ Welsh Ministers ”.
(11) In subsection (10) for “Secretary of State” substitute “ Welsh Ministers ”.
(12) In subsection (11)—
(a) for “Secretary of State proceeds” substitute “ Welsh Ministers proceed ”, and
(b) for “he” substitute “ they ”.
10 (1) Section 52G (acceptance of maximum amount) is amended as follows.
(2) In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
(3) In subsection (2)—
(a) for “he receives” substitute “ they receive ”, and
(b) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (3)—
(a) for “he serves” substitute “ they serve ”, and
(b) for “Secretary of State” substitute “ Welsh Ministers ”.
11 (1) Section 52H (no challenge or acceptance) is amended as follows.
(2) In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (3)(a) for “House of Commons” substitute “ National Assembly for Wales ”.
(5) In subsection (4) for “Secretary of State” substitute “ Welsh Ministers ”.
(6) In subsection (5)—
(a) for “he serves” substitute “ they serve ”, and
(b) for “Secretary of State” substitute “ Welsh Ministers ”.
12 In section 52I(5)(a) (duty of designated billing authority) for “general” substitute “ council ”.
13 (1) Section 52J (duty of designated precepting authority) is amended as follows.
(2) In subsection (1)—
(a) omit paragraph (a), and
(b) in paragraph (b) omit “(in any other case)”.
(3) Omit subsection (3).
(4) Omit subsection (6).
(5) Omit subsections (8) to (10).
14 (1) Section 52K (failure to substitute) is amended as follows.
(2) In subsection (1)—
(a) omit paragraph (a), and
(b) in paragraph (b) omit “(in any other case)”.
(3) For subsection (2) substitute—
(2) In the case of a billing authority, the Welsh Ministers may direct the authority to comply with section 52I.
(2A) A direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.
(4) In subsection (4)(b) omit “52I or”.
15 (1) Section 52L (nomination) is amended as follows.
(2) In subsection (1) for “Secretary of State nominates” substitute “ Welsh Ministers nominate ”.
(3) In subsection (2)—
(a) in the opening words for “He” substitute “ They ”,
(b) in paragraph (c) for “he determines” substitute “ they determine ”, and
(c) in paragraph (d) for “he” in both places substitute “ they ”.
(4) In subsection (4)—
(a) for “he intends” substitute “ they intend ”, and
(b) for “Secretary of State” substitute “ Welsh Ministers ”.
16 (1) Section 52M (designation after nomination) is amended as follows.
(2) In subsection (1)—
(a) in the opening words for “Secretary of State” substitute “ Welsh Ministers ”,
(b) in paragraph (a) for “nominates” substitute “ nominate ”, and
(c) in paragraph (b) for “decides” substitute “ decide ”.
(3) In subsection (2)—
(a) in the opening words for “He” substitute “ They ”,
(b) in paragraph (b) for “he proposes” substitute “ they propose ”, and
(c) in paragraph (c) for “he proposes” substitute “ they propose ”.
(4) In subsection (3)—
(a) in the opening words for “he” substitute “ they ”,
(b) in paragraph (a) for “he” in both places substitute “ they ”, and
(c) in paragraph (b) for “he thinks” substitute “ they think ”.
(5) In subsection (4)—
(a) in the opening words for “He” substitute “ They ”,
(b) in paragraph (e) for “he expects” substitute “ they expect ”, and
(c) in paragraph (f) for “Secretary of State” substitute “ Welsh Ministers ”.
(6) In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.
(7) In subsection (8) for “Secretary of State” substitute “ Welsh Ministers ”.
17 (1) Section 52N (no designation after nomination) is amended as follows.
(2) In subsection (1)—
(a) in the opening words for “Secretary of State” substitute “ Welsh Ministers ”,
(b) in paragraph (a) for “nominates” substitute “ nominate ”, and
(c) in paragraph (b) for “decides” substitute “ decide ”.
(3) In subsection (2)—
(a) for the first “He” substitute “ They ”, and
(b) for “he proposes” substitute “ they propose ”.
(4) In subsection (3)—
(a) in the opening words for “he” substitute “ they ”,
(b) in paragraph (a) for “he” in both places substitute “ they ”, and
(c) in paragraph (b) for “he thinks” substitute “ they think ”.
(5) In subsection (4) for “He” substitute “ They ”.
(6) In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.
(7) In subsection (6)—
(a) in the opening words for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) in paragraph (a)—
(i) for “he receives” substitute “ they receive ”, and
(ii) for “his” substitute “ their ”.
18 (1) Section 52P (designation after previous designation) is amended as follows.
(2) In subsection (1)(a) for “Secretary of State designates” substitute “ Welsh Ministers designate ”.
(3) In subsection (2)—
(a) in the opening words—
(i) for the first “He” substitute “ They ”,
(ii) for “he does” substitute “ they do ”, and
(iii) for the third “he” substitute “ they ”,
(b) in paragraph (a) for “he proposes” substitute “ they propose ”, and
(c) in paragraph (b) for “he proposes” substitute “ they propose ”.
(4) In subsection (3)—
(a) in the opening words for “he” substitute “ they ”, and
(b) in paragraph (c) for “he thinks” substitute “ they think ”.
(5) In subsection (4)—
(a) in the opening words for “He” substitute “ They ”,
(b) in paragraph (e) for “he expects” substitute “ they expect ”, and
(c) in paragraph (f) for “Secretary of State” substitute “ Welsh Ministers ”.
(6) In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.
(7) In subsection (8) for “Secretary of State” substitute “ Welsh Ministers ”.
(8) In subsection (10) for “Secretary of State” substitute “ Welsh Ministers ”.
19 (1) Section 52Q (challenge of maximum amount) is amended as follows.
(2) In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b) substitute “ Welsh Ministers ”.
(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (3)—
(a) in paragraph (a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) in paragraph (b) for “he thinks” substitute “ they think ”.
(5) In subsection (4)—
(a) in paragraph (a) for “Secretary of State's” substitute “Welsh Ministers'”, and
(b) in paragraph (c) for “Secretary of State” substitute “ Welsh Ministers ”.
(6) Omit subsection (5).
(7) In subsection (6) for “House of Commons” substitute “ National Assembly for Wales ”.
(8) In subsection (7)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) in paragraph (b) for “he alters” substitute “ they alter ”.
(9) In subsection (8)—
(a) for “he serves” substitute “ they serve ”, and
(b) for “Secretary of State” substitute “ Welsh Ministers ”.
(10) In subsection (9) for “Secretary of State” substitute “ Welsh Ministers ”.
20 (1) Section 52R (acceptance of maximum amount) is amended as follows.
(2) In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b) substitute “ Welsh Ministers ”.
(3) In subsection (2)—
(a) for “he receives” substitute “ they receive ”, and
(b) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (3)—
(a) for “he serves” substitute “ they serve ”, and
(b) for “Secretary of State” substitute “ Welsh Ministers ”.
21 (1) Section 52S (no challenge or acceptance) is amended as follows.
(2) In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b) substitute “ Welsh Ministers ”.
(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (3) for “House of Commons” substitute “ National Assembly for Wales ”.
(5) In subsection (4) for “Secretary of State” substitute “ Welsh Ministers ”.
(6) In subsection (5)—
(a) for “he serves” substitute “ they serve ”, and
(b) for “Secretary of State” substitute “ Welsh Ministers ”.
22 In section 52T(7)(a) (duty of designated billing authority) for “general” substitute “ council ”.
23 (1) Section 52U (duty of designated precepting authority) is amended as follows.
(2) In subsection (2)—
(a) omit paragraph (a), and
(b) in paragraph (b) omit “(in any other case)”.
(3) Omit subsection (3).
(4) In subsection (4) omit “is not the Greater London Authority and it”.
(5) In subsection (5) omit “(3) or”.
(6) Omit subsection (6).
(7) Omit subsection (9).
(8) Omit subsections (11) to (13).
24 (1) Section 52V (failure to make or substitute calculation) is amended as follows.
(2) For subsection (3) substitute—
(3) In the case of a billing authority, the Welsh Ministers may direct the authority to comply with section 52T.
(3A) A direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.
(3) In subsection (5)(b) omit “52T or”.
25 (1) Section 52W (meaning of budget requirement) is amended as follows.
(2) In subsection (1) omit “other than the Greater London Authority”.
(3) Omit subsection (2).
26 (1) Section 52X (calculations to be net of precepts) is amended as follows.
(2) In subsection (2)—
(a) in paragraph (a) for “Secretary of State proposes” substitute “ Welsh Ministers propose ”,
(b) in paragraph (b) for “he proposes” substitute “ they propose ”,
(c) in paragraph (d) for “he proposes” substitute “ they propose ”, and
(d) in paragraph (e) for “he expects” substitute “ they expect ”.
(3) In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (7) for “House of Commons” substitute “ National Assembly for Wales ”.
27 (1) Section 52Y (information for purposes of Chapter 4A) is amended as follows.
(2) In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
(3) In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (4)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”,
(b) for “him” in both places substitute “ them ”, and
(c) for “his” in both places substitute “ their ”.
(5) In subsection (5) for “Secretary of State specifies” substitute “ Welsh Ministers specify ”.
(6) In subsection (7)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”,
(b) for “his” in both places substitute “ their ”, and
(c) for “he thinks” substitute “ they think ”.
(7) In subsection (8)—
(a) for “his” in both places substitute “ their ”,
(b) for “Secretary of State” substitute “ Welsh Ministers ”, and
(c) for “him” substitute “ them ”.
28 Omit section 52Z (separate administration of Chapter 4A for England and Wales).
29 In section 66(2)(c) (matters that may not be questioned except by an application for judicial review)—
(a) before “52I” insert “ 52ZF, ”, and
(b) before “52J” insert “ 52ZJ, ”.
30 In section 67(2)(b) (functions to be discharged only by authority)—
(a) before “52I” insert “ 52ZF, ”, and
(b) before “52J” insert “ 52ZJ, ”.
31 In section 106(2)(a) (council tax: restrictions on voting) after “IV” insert “ , 4ZA ”.
32 In section 113(3) (orders and regulations to be subject to annulment by either House of Parliament, except in certain cases) after “except in the case of” insert “ regulations under section 52ZQ above or ”.
Police Act 1996 (c. 16)
33 In section 41(2) of the Police Act 1996 (direction as to minimum budget) after “Chapter” insert “ 4ZA or ”.
Greater London Authority Act 1999 (c. 29)
34 The Greater London Authority Act 1999 is amended as follows.
35 In section 95 (minimum budget for Metropolitan Police Authority) after subsection (3) insert—
(3A) The power exercisable by virtue of subsection (2) above, and any direction given under that power, are subject to any limitation imposed under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 (council tax referendums).
36 In section 96 (provisions supplementary to section 95) after subsection (6) insert—
(7) Subsections (5) and (6) above are subject to section 95(3A) (which provides that directions under that section are subject to the limitations imposed by the provisions about council tax referendums in Chapter 4ZA of Part 1 of the Local Government Finance Act 1992).
37 (1) Schedule 6 (procedure for determining the authority's consolidated budget requirement) is amended as follows.
(2) In paragraph 1 after sub-paragraph (4) insert—
(5) In this Schedule “the relevant principles”, in relation to a budget or a council tax requirement for a financial year, means the principles approved by the House of Commons for the financial year under section 52ZD of the Local Government Finance Act 1992 (principles in connection with council tax referendums).
(6) For the purposes of this Schedule, whether or not a budget or council tax requirement for a financial year complies with the relevant principles is to be determined by reference to whether or not the amount that would be calculated for the year under section 88 or 89 above (calculation of basic amount of council tax) by reference to the budget or council tax requirement is excessive by reference to the relevant principles.
(3) In paragraph 4—
(a) after sub-paragraph (1) insert—
(1A) If the draft consolidated budget does not comply with the relevant principles, the Assembly shall also prepare a draft substitute consolidated budget that complies with those principles.
, and
(b) after sub-paragraph (2) insert—
(3) If, at the public meeting referred to in sub-paragraph (2) above, the draft substitute consolidated budget prepared under sub-paragraph (1A) above is approved by the Assembly, that draft, as so approved, shall be the Authority's substitute consolidated budget for the financial year to which it relates.
(4) After paragraph 6 insert—
The Mayor's substitute consolidated budget
6A (1) This paragraph applies if the Mayor prepares a final draft budget that does not comply with the relevant principles.
(2) The Mayor shall also prepare a draft substitute consolidated budget that complies with those principles.
(3) The Mayor shall—
(a) present the draft substitute consolidated budget to the Assembly, and
(b) publish it in such manner as the Mayor may determine.
(4) The Mayor shall, at the time when the Mayor presents the draft substitute consolidated budget to the Assembly, lay before the Assembly in accordance with standing orders of the Authority a written statement of the reasons for the differences between the final draft budget and the draft substitute consolidated budget.
(5) It shall be the duty of the Mayor (having regard to paragraphs 8(7) and 8C below) to comply with sub-paragraph (4) above before the last day of February in the financial year preceding that to which the final draft budget relates.
(5) In paragraph 7 after sub-paragraph (4) insert—
(4A) If the Authority's consolidated council tax requirement does not comply with the relevant principles, the Assembly shall also agree a substitute consolidated council tax requirement that complies with those principles at the public meeting.
(6) In paragraph 8 after sub-paragraph (6) insert—
(6A) Sub-paragraph (6B) below applies if—
(a) the final draft budget is approved by the Assembly with amendments, and
(b) as a result, the final draft budget no longer complies with the relevant principles.
(6B) The Assembly shall also agree a substitute consolidated budget that complies with those principles at the public meeting.
(7) After paragraph 8A insert—
Approval of substitute consolidated budget by Assembly following non-compliance by Mayor with paragraph 6A
8B (1) This paragraph applies if—
(a) the Mayor presents a final draft budget to the Assembly in accordance with paragraph 6 above, and
(b) the Mayor has failed to comply with paragraph 6A(5) above.
(2) If at the public meeting held under paragraph 8 above the Assembly approves a final draft budget that does not comply with the relevant principles, it shall also agree a substitute consolidated budget that complies with those principles at that meeting.
Approval of substitute consolidated budget by Assembly following compliance by Mayor with paragraph 6A
8C (1) This paragraph applies if—
(a) the Mayor presents a draft substitute consolidated budget to the Assembly in accordance with paragraph 6A above,
(b) a public meeting is held under paragraph 8 above to consider the draft final budget to which it relates, and
(c) the final budget as approved at that public meeting continues not to comply with the relevant principles.
(2) The draft substitute consolidated budget must be considered at the public meeting.
(3) After considering the draft substitute consolidated budget, the Assembly must approve it with or without amendment (but see paragraph 8D below).
(4) For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.
(5) If no amendments are made on consideration of the draft substitute consolidated budget, it shall be deemed to be approved without amendment.
(6) The draft substitute consolidated budget as approved by the Assembly with or without amendments shall be the Authority's substitute consolidated budget for the financial year.
Limit on Assembly's power to amend Mayor's substitute consolidated budget
8D (1) Paragraph 8A above applies to amendments to the draft substitute consolidated budget as it applies to amendments to the final draft budget but as if—
(a) references to the final draft component council tax requirement for the Assembly were to the component council tax requirement for the Assembly as stated in the draft substitute consolidated budget, and
(b) references to the final draft component council tax requirement for the Mayor were to the component council tax requirement for the Mayor as stated in the draft substitute consolidated budget.
(2) In exercising its powers of amendment under paragraph 8C above, the Assembly must not in any event make amendments that mean that the draft substitute consolidated budget no longer complies with the relevant principles.
(8) After paragraph 9 insert—
Failure of Assembly to approve draft substitute consolidated budget
9A If the Assembly fails to comply with paragraph 8C above, the draft substitute consolidated budget presented to the Assembly in accordance with paragraph 6A above shall be the Authority's substitute consolidated budget for the year.
38 (1) Schedule 7 (procedure for making of substitute calculations by the Authority) is amended as follows.
(2) In paragraph 3(1) for “52K or 52V” substitute “ 52ZW ”.
(3) In paragraph 6(1) for “52K or 52V” substitute “ 52ZW ”.
SCHEDULE 7 Council tax: minor and consequential amendments
Section 79
Local Government Finance Act 1988 (c. 41)
1 The Local Government Finance Act 1988 is amended as follows.
2 In section 74(4) (levies)—
(a) in paragraph (a) after “section” insert “ 31A or ”, and
(b) in paragraph (b) after “section” insert “ 42A or ”.
3 In section 75(6)(a) (special levies) after “section” insert “ 31A or ”.
4 In section 97(1) (principal transfers between funds)—
(a) for “32 to 36” substitute “ 31A, 31B and 34 to 36 ”,
(b) in the definition of item B for “33(1)” substitute “ 31B(1) ”, and
(c) in the definition of item T for “33(1)” substitute “ 31B(1) ”.
5 In section 99(4) (regulations about funds) for “32(4)” substitute “ 31A(4) ”.
6 In Schedule 7 (non-domestic rating: multipliers) in paragraph 9(4) in the definition of item C for “32(4)” substitute “ 31A(4) ”.
Local Government Finance Act 1992 (c. 14)
7 The Local Government Finance Act 1992 is amended as follows.
8 (1) Section 30 (amounts of council tax for different categories of dwelling) is amended as follows.
(2) In subsection (2)—
(a) in paragraph (a) for “sections 32 to 36 below;” substitute
—
(i) in the case of a billing authority in England, sections 31A, 31B and 34 to 36 below, or
(ii) in the case of a billing authority in Wales, sections 32 to 36 below;
, and
(b) in paragraph (b) for the words from “, have been calculated” to the end of the paragraph substitute
—
(i) in the case of a billing authority in England, have been calculated in accordance with sections 42A, 42B and 45 to 47 below and have been stated (or last stated) in accordance with section 40 below in precepts issued to the authority by major precepting authorities, or
(ii) in the case of a billing authority in Wales, have been calculated in accordance with sections 43 to 47 below and have been stated (or last stated) in accordance with section 40 below in precepts issued to the authority by major precepting authorities.
(3) In subsection (4) for “sections 32” to the end of the subsection insert
—
(a) in the case of a billing authority in England, sections 31A, 31B and 34 to 36 below, or sections 42A, 42B and 45 to 47 below, or both, or
(b) in the case of a billing authority in Wales, sections 32 to 36 below, or sections 43 to 47 below, or both.
9 In section 31(1)(a) (substituted amounts) after “ section ” insert “ 36A, ”.
10 (1) Section 32 (calculation of budget requirement by billing authority) is amended as follows.
(2) In the heading at the end insert “ by authorities in Wales ”.
(3) In subsection (1) after “billing authority” insert “ in Wales ”.
(4) In subsection (2)—
(a) omit 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) (so that the paragraph (a) in that subsection as enacted continues to have effect for authorities in Wales),
(b) at the end of paragraph (c) insert “ and ”, and
(c) omit paragraph (e).
(5) In subsection (3)—
(a) in paragraph (a)—
(i) omit the words “general fund or (as the case may be)”,
(ii) omit the words from “BID levy” to “2003,”, and
(iii) omit the words “or (in the case of the Common Council only) police grant”,
(b) omit paragraph (b), and
(c) in paragraph (c) for “, (b) and (e)” substitute “ and (b) ”.
(6) In subsection (3A)—
(a) omit “In the case of any billing authority in Wales,”, and
(b) for “their” substitute “a billing authority's”.
(7) For subsection (5) substitute—
(5) In making the calculation under subsection (2) above the authority must ignore—
(a) payments which must be met from a trust fund;
(b) payments to be made to the Secretary of State under paragraph 5 of Schedule 8 to the 1988 Act or regulations made under paragraph 5(15) of that Schedule;
(c) payments to be made in respect of the amount of any precept issued by a major precepting authority under Part 1 of this Act (but not payments to be so made in respect of interest on such an amount); and
(d) payments to be made to another person in repaying, under regulations under the 1988 Act or Part 1 of this Act, excess receipts by way of non-domestic rates or council tax.
(8) In subsection (7)(a)—
(a) in sub-paragraph (i) omit “general fund or (as the case may be)”, and
(b) omit sub-paragraph (ii).
(9) Omit subsections (8) to (8B).
(10) In subsection (9)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) for “(8B)” substitute “ (7) ”.
(11) In subsection (12) omit the definition of “police grant”.
(12) Omit subsection (13).
11 (1) Section 33 (calculation of basic amount of tax by billing authority) is amended as follows.
(2) In the heading at the end insert “ by authorities in Wales ”.
(3) In subsection (1)—
(a) after “billing authority” insert “ in Wales ”, and
(b) in the definition of item P omit—
(i) “general fund or (as the case may be)”, and
(ii) “or (in the case of the Common Council only) police grant”.
(4) Omit subsections (3) and (3A).
(5) In subsection (3B)—
(a) omit “In the case of a Welsh county council or county borough council,”, and
(b) in each of the definitions of items J, K and L for “council's” substitute “authority's”.
(6) In subsection (4) omit “or subsection (3) above”.
(7) In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.
12 In section 34(2) (additional calculation where special items relate to part only of area)—
(a) in the definition of item B after “under” insert “ section 31B(1) above or ”, and
(b) in the definition of item T after “item T” insert “ in section 31B(1) above or ”.
13 In section 35(1)(a) (special item for the purposes of section 34) after “under” insert “ section 31A(2) above or ”.
14 In section 36(1) (calculation of tax for different valuation bands) in the definition of “item A” after the first “under” insert “ section 31B(1) above or ”.
15 After section 36 insert—
Substitute calculations: England
36A (1) An authority in England which has made calculations in accordance with sections 31A, 31B and 34 to 36 above in relation to a financial year (originally or by way of substitute) may make calculations in substitution in relation to the year in accordance with those sections, ignoring section 31A(11) above for this purpose.
(2) None of the substitute calculations shall have any effect if—
(a) the amount calculated under section 31A(4) above, or any amount calculated under section 31B(1) or 34(2) or (3) above as the basic amount of council tax applicable to any dwelling, would exceed that so calculated in the previous calculations, or
(b) the billing authority fails to comply with subsection (3) below in making the substitute calculations.
(3) In making substitute calculations under section 31B(1) or 34(3) above, the billing authority must use any amount determined in the previous calculations for item T in section 31B(1) above or item TP in section 34(3) above.
(4) For the purposes of subsection (2)(a) above, one negative amount is to be taken to exceed another if it is closer to nil (so that minus £1 is to be taken to exceed minus £2).
(5) Subsections (2) and (3) above do not apply if the previous calculations have been quashed because of a failure to comply with sections 31A, 31B and 34 to 36 above in making the calculations.
16 In section 37(1) (substitute calculations) after “ authority ” insert “ in Wales ”.
17 (1) Section 40 (issue of precepts by major precepting authorities) is amended as follows.
(2) In subsection (2)(a) for “sections 43 to 47 below;” substitute
—
(i) in the case of a precepting authority in England, sections 42A, 42B and 45 to 47 below, or
(ii) in the case of a precepting authority in Wales, sections 43 to 47 below;
.
(3) In subsection (3) for “sections 43 to 47 below” substitute
—
(a) in the case of a precepting authority in England, sections 42A, 42B and 45 to 47 below, or
(b) in the case of a precepting authority in Wales, sections 43 to 47 below.
(4) After subsection (5) insert—
(5A) No such precept may be issued by a precepting authority in England to a billing authority before the earlier of the following—
(a) the earliest date on which, for the financial year for which the precept is issued, each of the periods prescribed for the purposes of item T in section 31B(1) above, item T in section 42B(1) below and item TP in section 45(3) below has expired;
(b) the earliest date on which, for that year, each billing authority has notified its calculations for the purposes of those items to the precepting authority.
(5) In subsection (6) after the first “authority” insert “ in Wales ”.
(6) In subsection (8) after “subsection” insert “ (5A), ”.
(7) In subsection (9)—
(a) in paragraph (a)—
(i) for “(2)(a)” substitute “ (2)(a)(i) ”, and
(ii) for “43 to 47” substitute “ sections 42A, 42B and 45 to 47 ”,
(b) in paragraph (b)—
(i) for “(3)” substitute “ (3)(a) ”, and
(ii) for “43 to 47” substitute “ sections 42A, 42B and 45 to 47 ”,
(c) in paragraph (c)—
(i) for “(6)” substitute “ (5A) ”, and
(ii) for “44(1)” substitute “ 42B(1) ”, and
(d) in paragraph (d) for “(6)” substitute “ (5A) ”.
18 (1) Section 41 (precepts by local precepting authorities) is amended as follows.
(2) In subsection (2) for the words from “by the precepting authority” to the end substitute
—
(a) in the case of a precepting authority in England, by that authority under section 49A below as its council tax requirement for the year, and
(b) in the case of a precepting authority in Wales, by that authority under section 50 below as its budget requirement for the year.
(3) After that subsection insert—
(2A) The Secretary of State may by regulations make provision that a billing authority in England making calculations in accordance with section 31A above (originally or by way of substitute) may anticipate a precept under this section; and the regulations may include provision as to—
(a) the amounts which may be anticipated by billing authorities in pursuance of the regulations;
(b) the sums (if any) to be paid by such authorities in respect of amounts anticipated by them; and
(c) the sums (if any) to be paid by such authorities in respect of amounts not anticipated by them.
(4) In subsection (3)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) after “billing authority” insert “ in Wales ”.
19 In section 42(1)(b) (substituted precepts) after “49,” insert “ 49A, ”.
20 (1) Section 43 (calculation of budget requirement by major precepting authority) is amended as follows.
(2) In the heading at the end insert “ by authorities in Wales ”.
(3) In subsection (1) after “major precepting authority” insert “ in Wales ”.
(4) In subsection (2)(a) omit the words from “, other than” to “1988 Act”.
(5) In subsection (3)(a)—
(a) at the end of sub-paragraph (i) insert “ or ”, and
(b) omit sub-paragraph (iii).
(6) Omit subsection (5).
(7) For subsections (6A) to (6D) substitute—
(6A) In this section and section 44 below “police grant”, in relation to a major precepting authority and a financial year, means the total amount of grant payable to the authority in accordance with the police grant report for that year.
(6B) In subsection (6A) above “police grant report” means a police grant report approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996.
(8) In subsection (7)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) in paragraph (b) for the words from “subsections” to “them” substitute “ subsection (6) ”.
21 (1) Section 44 (calculation of basic amount of tax by major precepting authority) is amended as follows.
(2) In the heading at the end insert “ by authorities in Wales ”.
(3) In subsection (1) after “major precepting authority” insert “ in Wales ”.
(4) Omit subsection (3).
(5) In subsection (4) omit “or subsection (3) above”.
(6) In each of subsections (4) and (5) for “Secretary of State” substitute “ Welsh Ministers ”.
22 In section 45(2) (additional calculation where special items relate to part only of area)-
(a) in the definition of item B after “under” insert “ section 42B(1) above or ”, and
(b) in the definition of item T after “item T” insert “ in section 42B(1) above or ”.
23 In section 46(1) (special item for the purposes of section 34) after “under” insert “ section 42A(2) above or ”.
24 In section 47(1) (calculation of tax for different valuation bands) in the definition of “item A” after the first “under” insert “ section 42B(1) above or ”.
25 (1) Section 48 (calculation of amount payable by each billing authority) is amended as follows.
(2) In subsection (1A) in the definition of item T for “33(1)” substitute “ 31B(1) ”.
(3) In subsection (2)—
(a) for “44(1) or” substitute “ 42B(1) or (as the case may be) 44(1) above or under section ”, and
(b) in the definition of item T after the second “in” insert “ section 31B(1) or (as the case may be) ”.
(4) In subsection (3) for “44(1) or” substitute “ 42B(1) or 44(1) above or under section ”.
26 (1) Section 49 (substitute calculations) is amended as follows.
(2) In subsection (1) before paragraph (a) insert—
(za) sections 42A, 42B and 45 to 48 above (originally or by way of substitute),
.
(3) In subsection (1A) before paragraph (a) insert—
(za) in a case falling within paragraph (za), the provisions specified in that paragraph;
.
(4) In subsection (2)—
(a) before paragraph (a) insert—
(za) in the case of a major precepting authority in England other than the Greater London Authority, the amount under section 42A(4) above, or any amount calculated under section 42B(1) or 45(2) or (3) above as the basic amount of council tax applicable to any dwelling, would exceed that so calculated in the previous calculations; or
,
(b) in paragraph (a) for “other than the Greater London Authority” substitute “ in Wales ”,
(c) in paragraph (aa)(i) for “budget” substitute “ council tax ”, and
(d) in paragraph (b) for “subsection (3) or (3A) below” substitute “ whichever of subsections (2A), (3) and (3A) below is applicable to it ”.
(5) After that subsection insert—
(2A) In making substitute calculations under section 42B(1) or 45(3) above, an authority in England other than the Greater London Authority must use any amount determined in the previous calculations for item T in section 42B(1) above or item TP in section 45(3) above.
(6) In subsection (3) for “the authority” substitute “ an authority in Wales ”.
(7) In subsection (3A)—
(a) for “authority” substitute “ Greater London Authority ”, and
(b) omit “P1 or” and “item P2 or”.
(8) Omit subsections (4A) to (4C).
(9) Before subsection (5) insert—
(4D) Subsections (2) and (2A) above shall not apply if the previous calculations have been quashed because of a failure to comply with sections 42A, 42B and 45 to 48 above in making the calculations.
27 (1) Section 50 (calculation of budget requirement by major precepting authorities) is amended as follows.
(2) In the heading at the end insert “ by authorities in Wales ”.
(3) In subsection (1) after “local precepting authority” insert “ in Wales ”.
28 In section 65(4)(a) (duty to consult ratepayers: timing) after “under” insert “ section 31A above or ”.
29 In section 66(2)(c) (matters that may not be questioned except by an application for judicial review)—
(a) for “32” substitute “ 31A ”, and
(b) for “43” substitute “ 42A ”.
30 (1) Section 67 (functions to be discharged only by authority) is amended as follows.
(2) In subsection (2)(b)—
(a) for “32” substitute “ 31A ”, and
(b) for “43” substitute “ 42A ”.
(3) In subsection (2A)—
(a) before paragraph (a) insert—
(za) the determination of an amount for item T in section 31B(1) above;
, and
(b) after paragraph (b) insert—
(ba) the determination of an amount for item T in section 42B(1) above;
.
(4) In subsection (3) for “(2)(c)” substitute “ (2)(ba) or (c) ”.
31 In section 69 (interpretation of Part 1) omit subsection (2A).
Environment Act 1995 (c. 25)
32 In section 71(6) of the Environment Act 1995 (National Park authorities to be levying bodies) for the words from “32 or 43” to the end substitute “ 31A or 42A (calculation of council tax requirement by authorities in England) or section 32 or 42 (calculation of budget requirement by authorities in Wales) of the Local Government Finance Act 1992. ”
Police Act 1996 (c. 16)
33 In section 41(1) of the Police Act 1996 (directions as to minimum budget) for the words from “budget requirement” to “Act 1992)” substitute “ council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act) for any financial year ”.
Greater London Authority Act 1999 (c. 29)
34 The Greater London Authority Act 1999 is amended as follows.
35 In section 87 (procedure for determining the budget requirement) for “budget” in each place (including the heading) substitute “ council tax ”.
36 (1) Section 95 (minimum budget for Metropolitan Police Authority) is amended as follows.
(2) In each of the following provisions for “budget” substitute “ council tax ”
(a) subsection (1),
(b) subsection (2),
(c) subsection (5)(a), and
(d) subsection (7)(b) (in both places).
(3) In subsection (8) omit “P1 or” and “item P2 or”.
(4) Omit subsections (9) to (11).
37 In section 97 (emergencies and disasters) in both of the following provisions for “budget” substitute “ council tax ”
(a) subsection (1)(b), and
(b) subsection (2)(b).
38 In section 99—
(a) at the appropriate place insert “BID levy” has the same meaning as in Part 4 of the Local Government Act 2003; ”,
(b) in each of the definitions of “component budget requirement” and “consolidated budget requirement” for “budget” substitute “ council tax ”, and
(c) omit the definitions of “police grant” and “relevant special grant”.
39 In section 102(2) (distribution of grants between authority and functional bodies)—
(a) omit paragraph (c), and
(b) at the end of paragraph (g) (but not as part of that paragraph) insert “ and which are credited to a revenue account for the year in accordance with proper practices. ”
40 In Schedule 6 (procedure for determining the Authority's consolidated budget requirement) in each of the following provisions for “budget” in each place substitute “ council tax ”
(a) the Schedule heading,
(b) paragraph 1(2)(a) and (3)(a) and (b),
(c) paragraph 5A(1), (2)(a), (3) to (5), (6)(b), (7) to (9) and (12) (but not in “the draft component budget for the body”),
(d) paragraph 7(2) to (4), and
(e) paragraph 8A(1), (2)(a), (3) to (5), (6)(b), (7), (8) and (10) (but not in “the final draft budget”).
41 In Schedule 7 (procedure for making of substitute calculations by the Authority) in each of following provisions for “ budget ” substitute “council tax”
(a) paragraph 4A(1), (2)(a), (3), (5) to (9) and (11)(c) (but not in “the first draft component budget for the body”), and
(b) paragraph 7A(1), (2)(a), (3), (5) to (9) and (11).
Local Government Act 2003 (c. 26)
42 The Local Government Act 2003 is amended as follows.
43 In section 25(1) (budget calculation: report on robustness of estimates etc) for “32” substitute “ 31A, 32, 42A ”.
44 In section 26(1) (minimum reserves)—
(a) in paragraph (a)—
(i) after “section” insert “ 31A or ”, and
(ii) after the second “of” insert “ council tax or ”, and
(b) in paragraph (b) after “section” insert “ 42A or ”.
45 In section 27(1) (budget calculation: report on inadequacy of controlled reserve) for “32” substitute “ 31A, 32, 42A ”.
46 (1) Section 28 (budget monitoring: general) is amended as follows.
(2) In subsection (1) for “32” substitute “ 31A, 32, 42A ”.
(3) In subsection (4)—
(a) for “32(4)” substitute “ 31A(4), 32(4), 42A(4) ”, and
(b) before “budget” insert “ council tax or ”.
London Local Authorities Act 2004 (2004 c. i)
47 In section 23 of the London Local Authorities Act 2004 (Greater London Magistrates' Courts Authority) for “33” substitute “ 31B ”.
Local Government and Public Involvement in Health Act 2007 (c. 28)
48 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
49 In section 24(1)(d) (authorities dissolved by orders: control of reserves) for “32(3) or 43(3)” substitute “ 31A(3) or 42A(3) ”.
50 In section 25(1)(a) (directions: further provisions about reserves) for “32(3) or 43(3)” substitute “ 31A(3) or 42A(3) ”.
51 (1) Section 28 (contraventions of direction) is amended as follows.
(2) In subsection (5) for “32(3)” substitute “ 31A(3) ”.
(3) In subsection (6) for “43(3)” substitute “ 42A(3) ”.
Police Reform and Social Responsibility Act 2011 (c. 13)
52 The Police Reform and Social Responsibility Act 2011 is amended as follows.
53 In section 18(7)(f) (function of calculating budget requirement may not be delegated by police and crime commissioner)—
(a) after “calculating a” insert “ council tax requirement or a ”, and
(b) after “section” insert “ 42A or ”.
54 In section 22(2) (minimum budget for police and crime commissioner: amendments to section 41(1) of the Police Act 1996) for paragraph (c) substitute—
(c) for “its” substitute “the commissioner's”.
Section 109
Town and Country Planning Act 1990 (c. 8)
1 In Schedule 1 to the Town and Country Planning Act 1990 (local planning authorities: distribution of functions) in paragraph 7—
(a) omit sub-paragraphs (2)(a), (3) and (5)(a),
(b) in sub-paragraph (7)(a) for the words from “the responsible regional authorities” to “(the consulted body)” substitute “ the county planning authority ”,
(c) in sub-paragraphs (7)(b) and (8) for “the consulted body” in each place substitute “ the county planning authority ”, and
(d) omit sub-paragraphs (9), (10)(b) and (11).
Planning and Compulsory Purchase Act 2004 (c. 5)
13 (1) In section 38(3) (development plan for areas in England outside Greater London) in paragraph (a) after “situated” insert “ (if there is a regional strategy for that region) ”.
(2) Omit section 38(3)(a).
Local Democracy, Economic Development and Construction Act 2009 (c. 20)
18 In section 70(5) (which provides for how a regional strategy is to be interpreted) for “the regional strategy” insert “ a regional strategy under this Part ”.
19 In section 82(2) (during the interim period, a regional strategy does not include the regional economic strategy) for the words after “For the purposes of that section,” substitute “ a regional strategy under this Part is to be regarded as consisting solely of the regional spatial strategy under section 1 of the Planning and Compulsory Purchase Act 2004 that subsisted for the region concerned immediately before 1 April 2010. ”
Section 116
PART 1 Neighbourhood development orders
1 The Town and Country Planning Act 1990 is amended as follows.
2 After section 61D insert—
Neighbourhood development orders
Neighbourhood development orders
61E (1) Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development order.
(2) A “neighbourhood development order” is an order which grants planning permission in relation to a particular neighbourhood area specified in the order—
(a) for development specified in the order, or
(b) for development of any class specified in the order.
(3) Schedule 4B makes provision about the process for the making of neighbourhood development orders, including—
(a) provision for independent examination of orders proposed by qualifying bodies, and
(b) provision for the holding of referendums on orders proposed by those bodies.
(4) A local planning authority to whom a proposal for the making of a neighbourhood development order has been made—
(a) must make a neighbourhood development order to which the proposal relates if in each applicable referendum under that Schedule more than half of those voting have voted in favour of the order, and
(b) if paragraph (a) applies, must make the order as soon as reasonably practicable after the referendum is held.
(5) If—
(a) there are two applicable referendums under that Schedule (because the order relates to a neighbourhood area designated as a business area under section 61H), and
(b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the order,
the authority may (but need not) make a neighbourhood development order to which the proposal relates.
(6) A “qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development order to act in relation to a neighbourhood area as a result of section 61F.
(7) For the meaning of “neighbourhood area”, see sections 61G and 61I(1).
(8) The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the order would breach, or would otherwise be incompatible with, any EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).
(9) Regulations may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (8).
(10) The regulations may in particular make provision—
(a) for the holding of an examination,
(b) as to the payment by a local planning authority of remuneration and expenses of the examiner,
(c) as to the award of costs by the examiner,
(d) as to the giving of notice and publicity,
(e) as to the information and documents that are to be made available to the public,
(f) as to the making of reasonable charges for anything provided as a result of the regulations,
(g) as to consultation with and participation by the public, and
(h) as to the making and consideration of representations (including the time by which representations must be made).
(11) The authority must publish in such manner as may be prescribed—
(a) their decision to act under subsection (4) or (8),
(b) their reasons for making that decision, and
(c) such other matters relating to that decision as may be prescribed.
(12) The authority must send a copy of the matters required to be published to—
(a) the qualifying body that initiated the process for the making of the order, and
(b) such other persons as may be prescribed.
(13) A local planning authority must publish each neighbourhood development order that they make in such manner as may be prescribed.
Authorisation to act in relation to neighbourhood areas
61F (1) For the purposes of a neighbourhood development order, a parish council are authorised to act in relation to a neighbourhood area if that area consists of or includes the whole or any part of the area of the council.
(2) If that neighbourhood area also includes the whole or any part of the area of another parish council, the parish council is authorised for those purposes to act in relation to that neighbourhood area only if the other parish council have given their consent.
(3) For the purposes of a neighbourhood development order, an organisation or body is authorised to act in relation to a neighbourhood area if it is designated by a local planning authority as a neighbourhood forum for that area.
(4) An organisation or body may be designated for a neighbourhood area only if that area does not consist of or include the whole or any part of the area of a parish council.
(5) A local planning authority may designate an organisation or body as a neighbourhood forum if the authority are satisfied that it meets the following conditions—
(a) it is established for the express purpose of promoting or improving the social, economic and environmental well-being of an area that consists of or includes the neighbourhood area concerned (whether or not it is also established for the express purpose of promoting the carrying on of trades, professions or other businesses in such an area),
(b) its membership is open to—
(i) individuals who live in the neighbourhood area concerned,
(ii) individuals who work there (whether for businesses carried on there or otherwise), and
(iii) individuals who are elected members of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,
(c) its membership includes a minimum of 21 individuals each of whom—
(i) lives in the neighbourhood area concerned,
(ii) works there (whether for a business carried on there or otherwise), or
(iii) is an elected member of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,
(d) it has a written constitution, and
(e) such other conditions as may be prescribed.
(6) A local planning authority may also designate an organisation or body as a neighbourhood forum if they are satisfied that the organisation or body meets prescribed conditions.
(7) A local planning authority—
(a) must, in determining under subsection (5) whether to designate an organisation or body as a neighbourhood forum for a neighbourhood area, have regard to the desirability of designating an organisation or body—
(i) which has secured (or taken reasonable steps to attempt to secure) that its membership includes at least one individual falling within each of sub-paragraphs (i) to (iii) of subsection (5)(b),
(ii) whose membership is drawn from different places in the neighbourhood area concerned and from different sections of the community in that area, and
(iii) whose purpose reflects (in general terms) the character of that area,
(b) may designate only one organisation or body as a neighbourhood forum for each neighbourhood area,
(c) may designate an organisation or body as a neighbourhood forum only if the organisation or body has made an application to be designated, and
(d) must give reasons to an organisation or body applying to be designated as a neighbourhood forum where the authority refuse the application.
(8) A designation—
(a) ceases to have effect at the end of the period of 5 years beginning with the day on which it is made but without affecting the validity of any proposal for a neighbourhood development order made before the end of that period, and
(b) in the case of the designation of an unincorporated association, is not to be affected merely because of a change in the membership of the association.
(9) A local planning authority may withdraw an organisation or body's designation as a neighbourhood forum if they consider that the organisation or body is no longer meeting—
(a) the conditions by reference to which it was designated, or
(b) any other criteria to which the authority were required to have regard in making the designation;
and, where an organisation or body's designation is withdrawn, the authority must give reasons to the organisation or body.
(10) A proposal for a neighbourhood development order by a parish council or neighbourhood forum may not be made at any time in relation to a neighbourhood area if there is at that time another proposal by the council or forum in relation to that area that is outstanding.
(11) Each local planning authority must make such arrangements as they consider appropriate for making people aware as to the times when organisations or bodies could make applications to be designated as neighbourhood forums for neighbourhood areas.
(12) Regulations—
(a) may make provision in connection with proposals made by qualifying bodies for neighbourhood development orders, and
(b) may make provision in connection with designations (or withdrawals of designations) of organisations or bodies as neighbourhood forums (including provision of a kind mentioned in section 61G(11)(a) to (g)).
(13) The regulations may in particular make provision—
(a) as to the consequences of the creation of a new parish council, or a change in the area of a parish council, on any proposal made for a neighbourhood development order,
(b) as to the consequences of the dissolution of a neighbourhood forum on any proposal for a neighbourhood development order made by it,
(c) suspending the operation of any duty of a local planning authority under paragraph 6 or 7 of Schedule 4B in cases where they are considering the withdrawal of the designation of an organisation or body as a neighbourhood forum,
(d) for determining when a proposal for a neighbourhood development order is to be regarded as outstanding, and
(e) requiring a local planning authority to have regard (in addition, where relevant, to the matters set out in subsection (7)(a)) to prescribed matters in determining whether to designate an organisation or body as a neighbourhood forum.
Meaning of “neighbourhood area”
61G (1) A “neighbourhood area” means an area within the area of a local planning authority in England which has been designated by the authority as a neighbourhood area; but that power to designate is exercisable only where—
(a) a relevant body has applied to the authority for an area specified in the application to be designated by the authority as a neighbourhood area, and
(b) the authority are determining the application (but see subsection (5)).
(2) A “relevant body” means—
(a) a parish council, or
(b) an organisation or body which is, or is capable of being, designated as a neighbourhood forum (on the assumption that, for this purpose, the specified area is designated as a neighbourhood area).
(3) The specified area—
(a) in the case of an application by a parish council, must be one that consists of or includes the whole or any part of the area of the council, and
(b) in the case of an application by an organisation or body, must not be one that consists of or includes the whole or any part of the area of a parish council.
(4) In determining an application the authority must have regard to—
(a) the desirability of designating the whole of the area of a parish council as a neighbourhood area, and
(b) the desirability of maintaining the existing boundaries of areas already designated as neighbourhood areas.
(5) If—
(a) a valid application is made to the authority,
(b) some or all of the specified area has not been designated as a neighbourhood area, and
(c) the authority refuse the application because they consider that the specified area is not an appropriate area to be designated as a neighbourhood area,
the authority must exercise their power of designation so as to secure that some or all of the specified area forms part of one or more areas designated (or to be designated) as neighbourhood areas.
(6) The authority may, in determining any application, modify designations already made; but if a modification relates to any extent to the area of a parish council, the modification may be made only with the council's consent.
(7) The areas designated as neighbourhood areas must not overlap with each other.
(8) A local planning authority must publish a map setting out the areas that are for the time being designated as neighbourhood areas.
(9) If the authority refuse an application, they must give reasons to the applicant for refusing the application.
(10) In this section “specified”, in relation to an application, means specified in the application.
(11) Regulations may make provision in connection with the designation of areas as neighbourhood areas; and the regulations may in particular make provision—
(a) as to the procedure to be followed in relation to designations,
(b) as to the giving of notice and publicity in connection with designations,
(c) as to consultation with and participation by the public in relation to designations,
(d) as to the making and consideration of representations about designations (including the time by which representations must be made),
(e) as to the form and content of applications for designations,
(f) requiring an application for a designation to be determined by a prescribed date,
(g) entitling or requiring a local planning authority in prescribed circumstances to decline to consider an application for a designation, and
(h) about the modification of designations (including provision about the consequences of modification on proposals for neighbourhood development orders, or on neighbourhood development orders, that have already been made).
Neighbourhood areas designated as business areas
61H (1) Whenever a local planning authority exercise their powers under section 61G to designate an area as a neighbourhood area, they must consider whether they should designate the area concerned as a business area.
(2) The reference here to the designation of an area as a neighbourhood area includes the modification under section 61G(6) of a designation already made.
(3) The power of a local planning authority to designate a neighbourhood area as a business area is exercisable by the authority only if, having regard to such matters as may be prescribed, they consider that the area is wholly or predominantly business in nature.
(4) The map published by a local planning authority under section 61G(8) must state which neighbourhood areas (if any) are for the time being designated as business areas.
Neighbourhood areas in areas of two or more local planning authorities
61I (1) The power to designate an area as a neighbourhood area under section 61G is exercisable by two or more local planning authorities in England if the area falls within the areas of those authorities.
(2) Regulations may make provision in connection with—
(a) the operation of subsection (1), and
(b) the operation of other provisions relating to neighbourhood development orders (including sections 61F to 61H) in cases where an area is designated as a neighbourhood area as a result of that subsection.
(3) The regulations may in particular make provision—
(a) modifying or supplementing the application of, or disapplying, any of the provisions mentioned in subsection (2)(b),
(b) applying (with or without modifications) any provision of Part 6 of the Local Government Act 1972 (discharge of functions) in cases where the provision would not otherwise apply,
(c) requiring local planning authorities to exercise, or not to exercise, any power conferred by any provision of that Part (including as applied by virtue of paragraph (b)), and
(d) conferring powers or imposing duties on local planning authorities.
Provision that may be made by neighbourhood development order
61J (1) A neighbourhood development order may make provision in relation to—
(a) all land in the neighbourhood area specified in the order,
(b) any part of that land, or
(c) a site in that area specified in the order.
(2) A neighbourhood development order may not provide for the granting of planning permission for any development that is excluded development.
(3) For the meaning of “excluded development”, see section 61K.
(4) A neighbourhood development order may not grant planning permission for any development in any particular case where planning permission is already granted for that development in that case.
(5) A neighbourhood development order may not relate to more than one neighbourhood area.
(6) A neighbourhood development order may make different provision for different cases or circumstances.
Meaning of “excluded development”
61K The following development is excluded development for the purposes of section 61J—
(a) development that consists of a county matter within paragraph 1(1)(a) to (h) of Schedule 1,
(b) development that consists of the carrying out of any operation, or class of operation, prescribed under paragraph 1(j) of that Schedule (waste development) but that does not consist of development of a prescribed description,
(c) development that falls within Annex 1 to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended from time to time),
(d) development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008),
(e) prescribed development or development of a prescribed description, and
(f) development in a prescribed area or an area of a prescribed description.
Permission granted by neighbourhood development orders
61L (1) Planning permission granted by a neighbourhood development order may be granted—
(a) unconditionally, or
(b) subject to such conditions or limitations as are specified in the order.
(2) The conditions that may be specified include—
(a) obtaining the approval of the local planning authority who made the order but not of anyone else, and
(b) provision specifying the period within which applications must be made to a local planning authority for the approval of the authority of any matter specified in the order.
(3) Regulations may make provision entitling a parish council in prescribed circumstances to require any application for approval under subsection (2) of a prescribed description to be determined by them instead of by a local planning authority.
(4) The regulations may in particular make provision—
(a) as to the procedure to be followed by parish councils in deciding whether to determine applications for approvals (including the time by which the decisions must be made),
(b) requiring parish councils in prescribed circumstances to cease determining applications for approvals,
(c) conferring powers or imposing duties on local planning authorities,
(d) treating parish councils as local planning authorities (instead of, or in addition to, the authorities) for the purposes of the determination of applications for approvals (subject to such exceptions or modifications in the application of any enactment as may be prescribed),
(e) applying any enactment relating to principal councils within the meaning of section 270 of the Local Government Act 1972 for those purposes (with or without modifications), and
(f) disapplying, or modifying the application of, any enactment relating to parish councils for those purposes.
(5) A neighbourhood development order may provide for the granting of planning permission to be subject to the condition that the development begins before the end of the period specified in the order.
(6) Regulations may make provision as to the periods that may be specified in neighbourhood development orders under subsection (5).
(7) If—
(a) planning permission granted by a neighbourhood development order for any development is withdrawn by the revocation of the order under section 61M, and
(b) the revocation is made after the development has begun but before it has been completed,
the development may, despite the withdrawal of the permission, be completed.
(8) But an order under section 61M revoking a neighbourhood development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section.
Revocation or modification of neighbourhood development orders
61M (1) The Secretary of State may by order revoke a neighbourhood development order.
(2) A local planning authority may, with the consent of the Secretary of State, by order revoke a neighbourhood development order that they have made.
(3) If a neighbourhood development order is revoked, the person revoking the order must state the reasons for the revocation.
(4) A local planning authority may at any time by order modify a neighbourhood development order that they have made for the purpose of correcting errors.
(5) If the qualifying body that initiated the process for the making of that order is still authorised at that time to act for the purposes of a neighbourhood development order in relation to the neighbourhood area concerned, the power under subsection (4) is exercisable only with that body's consent.
(6) A modification of a neighbourhood development order is to be done by replacing the order with a new one containing the modification.
(7) Regulations may make provision in connection with the revocation or modification of a neighbourhood development order.
(8) The regulations may in particular make provision—
(a) for the holding of an examination in relation to a revocation proposed to be made by the authority,
(b) as to the payment by a local planning authority of remuneration and expenses of the examiner,
(c) as to the award of costs by the examiner,
(d) as to the giving of notice and publicity in connection with a revocation or modification,
(e) as to the information and documents relating to a revocation or modification that are to be made available to the public,
(f) as to the making of reasonable charges for anything provided as a result of the regulations,
(g) as to consultation with and participation by the public in relation to a revocation, and
(h) as to the making and consideration of representations about a revocation (including the time by which representations must be made).
Legal challenges in relation to neighbourhood development orders
61N (1) A court may entertain proceedings for questioning a decision to act under section 61E(4) or (8) only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day on which the decision is published.
(2) A court may entertain proceedings for questioning a decision under paragraph 12 of Schedule 4B (consideration by local planning authority of recommendations made by examiner etc) only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day on which the decision is published.
(3) A court may entertain proceedings for questioning anything relating to a referendum under paragraph 14 or 15 of Schedule 4B only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of 6 weeks beginning with the day on which the result of the referendum is declared.
Guidance
61O Local planning authorities must have regard to any guidance issued by the Secretary of State in the exercise of any function under any provision relating to neighbourhood development orders (including any function under any of sections 61F to 61H).
Provision as to the making of certain decisions by local planning authorities
61P (1) Regulations may make provision regulating the arrangements of a local planning authority for the making of any prescribed decision under any provision relating to neighbourhood development orders (including under any of sections 61F to 61H).
(2) The provision made by the regulations is to have effect despite provision made by any enactment as to the arrangements of a local planning authority for the exercise of their functions (such as section 101 of the Local Government Act 1972 or section 13 of the Local Government Act 2000).
Community right to build orders
61Q Schedule 4C makes provision in relation to a particular type of neighbourhood development order (a community right to build order).
3 In section 5(3) (provisions for the purposes of which the Broads Authority are the sole district planning authority)—
(a) after “sections” insert “ 61E to 61Q, ”, and
(b) at the end insert “ and Schedules 4B and 4C ”.
4 In Schedule 1 (local planning authorities: distribution of functions), after paragraph 6 insert—
6A (1) This paragraph applies to the functions of local planning authorities under any of sections 61E to 61Q and Schedules 4B and 4C (neighbourhood development orders).
(2) Those functions are to be exercised by a district planning authority in any area of a non-metropolitan county.
PART 2 Neighbourhood development plans
5 The Planning and Compulsory Purchase Act 2004 is amended as follows.
6 In section 38 (development plan)—
(a) in subsection (2), omit the “and” at the end of paragraph (a) and at the end of paragraph (b) insert
, and
(c) the neighbourhood development plans which have been made in relation to that area.
,
(b) in subsection (3), at the end of paragraph (b) insert
, and
(c) the neighbourhood development plans which have been made in relation to that area.
,
(c) in subsection (5), for “to be adopted, approved or published (as the case may be)” substitute “ to become part of the development plan ”, and
(d) at the end insert—
(10) Neighbourhood development plan must be construed in accordance with section 38A.
7 After that section insert—
Meaning of “neighbourhood development plan”
38A (1) Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development plan.
(2) A “neighbourhood development plan” is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan.
(3) Schedule 4B to the principal Act, which makes provision about the process for the making of neighbourhood development orders, including—
(a) provision for independent examination of orders proposed by qualifying bodies, and
(b) provision for the holding of referendums on orders proposed by those bodies,
is to apply in relation to neighbourhood development plans (subject to the modifications set out in section 38C(5) of this Act).
(4) A local planning authority to whom a proposal for the making of a neighbourhood development plan has been made—
(a) must make a neighbourhood development plan to which the proposal relates if in each applicable referendum under that Schedule (as so applied) more than half of those voting have voted in favour of the plan, and
(b) if paragraph (a) applies, must make the plan as soon as reasonably practicable after the referendum is held.
(5) If—
(a) there are two applicable referendums under that Schedule as so applied (because the plan relates to a neighbourhood area designated as a business area under section 61H of the principal Act), and
(b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the plan,
the authority may (but need not) make a neighbourhood development plan to which the proposal relates.
(6) The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the plan would breach, or would otherwise be incompatible with, any EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).
(7) Regulations made by the Secretary of State may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (6).
(8) The regulations may in particular make provision—
(a) for the holding of an examination,
(b) as to the payment by a local planning authority of remuneration and expenses of the examiner,
(c) as to the award of costs by the examiner,
(d) as to the giving of notice and publicity,
(e) as to the information and documents that are to be made available to the public,
(f) as to the making of reasonable charges for anything provided as a result of the regulations,
(g) as to consultation with and participation by the public, and
(h) as to the making and consideration of representations (including the time by which representations must be made).
(9) The authority must publish in such manner as may be prescribed—
(a) their decision to act under subsection (4) or (6),
(b) their reasons for making that decision, and
(c) such other matters relating to that decision as may be prescribed.
(10) The authority must send a copy of the matters required to be published to—
(a) the qualifying body that initiated the process for the making of the plan, and
(b) such other persons as may be prescribed.
(11) If a neighbourhood development plan is in force in relation to a neighbourhood area—
(a) a qualifying body may make a proposal for the existing plan to be replaced by a new one, and
(b) the process for the making of the replacement plan is the same as the process for the making of the existing plan.
(12) For the purposes of this section—
“local planning authority” has the same meaning as it has in Part 2 (see section 37), but the Broads Authority are to be the only local planning authority for the Broads,
“neighbourhood area” has the meaning given by sections 61G and 61I(1) of the principal Act,
“prescribed” means prescribed by regulations made by the Secretary of State, and
“qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development plan to act in relation to a neighbourhood area as a result of section 61F of the principal Act, as applied by section 38C of this Act.
Provision that may be made by neighbourhood development plans
38B (1) A neighbourhood development plan—
(a) must specify the period for which it is to have effect,
(b) may not include provision about development that is excluded development, and
(c) may not relate to more than one neighbourhood area.
(2) Only one neighbourhood development plan may be made for each neighbourhood area.
(3) If to any extent a policy set out in a neighbourhood development plan conflicts with any other statement or information in the plan, the conflict must be resolved in favour of the policy.
(4) Regulations made by the Secretary of State may make provision—
(a) restricting the provision that may be included in neighbourhood development plans about the use of land,
(b) requiring neighbourhood development plans to include such matters as are prescribed in the regulations, and
(c) prescribing the form of neighbourhood development plans.
(5) A local planning authority must publish each neighbourhood development plan that they make in such manner as may be prescribed by regulations made by the Secretary of State.
(6) Section 61K of the principal Act (meaning of “excluded development”) is to apply for the purposes of subsection (1)(b).
Supplementary provisions
38C (1) The following provisions of the principal Act are to apply in relation to neighbourhood development plans.
(2) The provisions to be applied are—
(a) section 61F (authorisation to act in relation to neighbourhood areas),
(b) section 61I(2) and (3) (neighbourhood areas in areas of two or more local planning authorities),
(c) section 61M (revocation or modification of neighbourhood development orders),
(d) section 61N (legal challenges),
(e) section 61O (guidance), and
(f) section 61P (provision as to the making of certain decisions by local planning authorities).
(3) Section 61M of the principal Act is to apply in accordance with subsection (2) of this section as if the words “by order” (wherever occurring) were omitted.
(4) Section 61N(1) of the principal Act is to apply in accordance with subsection (2) of this section as if the reference to section 61E(4) or (8) of that Act were a reference to section 38A(4) or (6) of this Act.
(5) Schedule 4B to the principal Act is to apply in accordance with 38A(3) of this Act with the following modifications—
(a) the reference to section 61E(8) of the principal Act is to be read as a reference to section 38A(6) of this Act,
(b) references to the provision made by or under sections 61E(2), 61J and 61L of the principal Act are to be read as references to the provision made by or under sections 38A and 38B of this Act,
(c) references to section 61L(2)(b) or (5) of the principal Act are to be disregarded, and
(d) paragraph 8 is to have effect as if sub-paragraphs (2)(b) and (c) and (3) to (5) were omitted.
(6) Regulations under section 61G(11) of the principal Act (designation of areas as neighbourhood areas) may include provision about the consequences of the modification of designations on proposals for neighbourhood development plans, or on neighbourhood development plans, that have already been made.
(7) The fact that the list of applied provisions includes section 61N(2) and (3) of the principal Act is not to affect the operation of section 20(2) of the Interpretation Act 1978 in relation to other references to enactments applied in accordance with this section.
SCHEDULE 10 Process for making of neighbourhood development orders
Section 116
This is the Schedule to be inserted as Schedule 4B to the Town and Country Planning Act 1990—
SCHEDULE 4B
Process for making of neighbourhood development orders
Section 61E
Proposals for neighbourhood development orders
1 (1) A qualifying body is entitled to submit a proposal to a local planning authority for the making of a neighbourhood development order by the authority in relation to a neighbourhood area within the area of the authority.
(2) The proposal must be accompanied by—
(a) a draft of the order, and
(b) a statement which contains a summary of the proposals and sets out the reasons why an order should be made in the proposed terms.
(3) The proposal must—
(a) be made in the prescribed form, and
(b) be accompanied by other documents and information of a prescribed description.
(4) The qualifying body must send to prescribed persons a copy of—
(a) the proposal,
(b) the draft neighbourhood development order, and
(c) such of the other documents and information accompanying the proposal as may be prescribed.
(5) The Secretary of State may publish a document setting standards for—
(a) the preparation of a draft neighbourhood development order and other documents accompanying the proposal,
(b) the coverage in any document accompanying the proposal of a matter falling to be dealt with in it, and
(c) all or any of the collection, sources, verification, processing and presentation of information accompanying the proposal.
(6) The documents and information accompanying the proposal (including the draft neighbourhood development order) must comply with those standards.
2 (1) A qualifying body may withdraw a proposal at any time before the local planning authority make a decision under paragraph 12.
(2) If—
(a) a proposal by a qualifying body is made by an organisation or body designated as a neighbourhood forum, and
(b) the designation is withdrawn at any time before the proposal is submitted for independent examination under paragraph 7,
the proposal is to be treated as withdrawn by the qualifying body at that time.
(3) If the withdrawal of the designation occurs after the proposal is submitted for independent examination under that paragraph, the withdrawal is not to affect the validity of the proposal.
Advice and assistance in connection with proposals
3 (1) A local planning authority must give such advice or assistance to qualifying bodies as, in all the circumstances, they consider appropriate for the purpose of, or in connection with, facilitating the making of proposals for neighbourhood development orders in relation to neighbourhood areas within their area.
(2) Nothing in this paragraph is to be read as requiring the giving of financial assistance.
Requirements to be complied with before proposals made or considered
4 (1) Regulations may make provision as to requirements that must be complied with before proposals for a neighbourhood development order may be submitted to a local planning authority or fall to be considered by a local planning authority.
(2) The regulations may in particular make provision—
(a) as to the giving of notice and publicity,
(b) as to the information and documents that are to be made available to the public,
(c) as to the making of reasonable charges for anything provided as a result of the regulations,
(d) as to consultation with and participation by the public,
(e) as to the making and consideration of representations (including the time by which they must be made),
(f) requiring prescribed steps to be taken before a proposal of a prescribed description falls to be considered by a local planning authority, and
(g) conferring powers or imposing duties on local planning authorities, the Secretary of State or other public authorities.
(3) The power to make regulations under this paragraph must be exercised to secure that—
(a) prescribed requirements as to consultation with and participation by the public must be complied with before a proposal for a neighbourhood development order may be submitted to a local planning authority, and
(b) a statement containing the following information in relation to that consultation and participation must accompany the proposal submitted to the authority—
(i) details of those consulted,
(ii) a summary of the main issues raised, and
(iii) any other information of a prescribed description.
Consideration of proposals by authority
5 (1) A local planning authority may decline to consider a proposal submitted to them if they consider that it is a repeat proposal.
(2) A proposal (“the proposal in question”) is a “repeat” proposal for the purposes of this paragraph if it meets conditions A and B.
(3) Condition A is that in the period of two years ending with the date on which the proposal in question is received—
(a) the authority have refused a proposal under paragraph 12 or section 61E(8) that is the same as or similar to the proposal in question, or
(b) a referendum on an order relating to a proposal under this Schedule that is the same as or similar to the proposal in question has been held under this Schedule and half or less than half of those voting voted in favour of the order.
(4) Condition B is that the local planning authority consider that there has been no significant change in relevant considerations since the refusal of the proposal or the holding of the referendum.
(5) For the purposes of this paragraph “relevant considerations” means—
(a) national policies and advice contained in guidance issued by the Secretary of State that are relevant to the draft neighbourhood development order to which the proposal in question relates, and
(b) the strategic policies contained in the development plan for the area of the authority (or any part of that area).
(6) If the authority decline to consider the proposal, they must notify the qualifying body of that fact and of their reasons for declining to consider it.
6 (1) This paragraph applies if—
(a) a proposal has been made to a local planning authority, and
(b) the authority have not exercised their powers under paragraph 5 to decline to consider it.
(2) The authority must consider—
(a) whether the qualifying body is authorised for the purposes of a neighbourhood development order to act in relation to the neighbourhood area concerned as a result of section 61F,
(b) whether the proposal by the body complies with provision made by or under that section,
(c) whether the proposal and the documents and information accompanying it (including the draft neighbourhood development order) comply with provision made by or under paragraph 1, and
(d) whether the body has complied with the requirements of regulations made under paragraph 4 imposed on it in relation to the proposal.
(3) The authority must also consider whether the draft neighbourhood development order complies with the provision made by or under sections 61E(2), 61J and 61L.
(4) The authority must—
(a) notify the qualifying body as to whether or not they are satisfied that the matters mentioned in sub-paragraphs (2) and (3) have been met or complied with, and
(b) in any case where they are not so satisfied, refuse the proposal and notify the body of their reasons for refusing it.
Independent examination
7 (1) This paragraph applies if—
(a) a local planning authority have considered the matters mentioned in paragraph 6(2) and (3), and
(b) they are satisfied that the matters mentioned there have been met or complied with.
(2) The authority must submit for independent examination—
(a) the draft neighbourhood development order, and
(b) such other documents as may be prescribed.
(3) The authority must make such arrangements as they consider appropriate in connection with the holding of the examination.
(4) The authority may appoint a person to carry out the examination, but only if the qualifying body consents to the appointment.
(5) If—
(a) it appears to the Secretary of State that no person may be appointed under sub-paragraph (4), and
(b) the Secretary of State considers that it is expedient for an appointment to be made under this sub-paragraph,
the Secretary of State may appoint a person to carry out the examination.
(6) The person appointed must be someone who, in the opinion of the person making the appointment—
(a) is independent of the qualifying body and the authority,
(b) does not have an interest in any land that may be affected by the draft order, and
(c) has appropriate qualifications and experience.
(7) The Secretary of State or another local planning authority may enter into arrangements with the authority for the provision of the services of any of their employees as examiners.
(8) Those arrangements may include—
(a) provision requiring payments to be made by the authority to the Secretary of State or other local planning authority, and
(b) other provision in relation to those payments and other financial matters.
8 (1) The examiner must consider the following—
(a) whether the draft neighbourhood development order meets the basic conditions (see sub-paragraph (2)),
(b) whether the draft order complies with the provision made by or under sections 61E(2), 61J and 61L,
(c) whether any period specified under section 61L(2)(b) or (5) is appropriate,
(d) whether the area for any referendum should extend beyond the neighbourhood area to which the draft order relates, and
(e) such other matters as may be prescribed.
(2) A draft order meets the basic conditions if—
(a) having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the order,
(b) having special regard to the desirability of preserving any listed building or its setting or any features of special architectural or historic interest that it possesses, it is appropriate to make the order,
(c) having special regard to the desirability of preserving or enhancing the character or appearance of any conservation area, it is appropriate to make the order,
(d) the making of the order contributes to the achievement of sustainable development,
(e) the making of the order is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area),
(f) the making of the order does not breach, and is otherwise compatible with, EU obligations, and
(g) prescribed conditions are met in relation to the order and prescribed matters have been complied with in connection with the proposal for the order.
(3) Sub-paragraph (2)(b) applies in relation to a listed building only in so far as the order grants planning permission for development that affects the building or its setting.
(4) Sub-paragraph (2)(c) applies in relation to a conservation area only in so far as the order grants planning permission for development in relation to buildings or other land in the area.
(5) In this paragraph “listed building” has the same meaning as in the Planning (Listed Buildings and Conservation Areas) Act 1990.
(6) The examiner is not to consider any matter that does not fall within sub-paragraph (1) (apart from considering whether the draft order is compatible with the Convention rights).
9 (1) The general rule is that the examination of the issues by the examiner is to take the form of the consideration of written representations.
(2) But the examiner must cause a hearing to be held for the purpose of receiving oral representations about a particular issue at the hearing—
(a) in any case where the examiner considers that the consideration of oral representations is necessary to ensure adequate examination of the issue or a person has a fair chance to put a case, or
(b) in such other cases as may be prescribed.
(3) The following persons are entitled to make oral representations about the issue at the hearing—
(a) the qualifying body,
(b) the local planning authority,
(c) where the hearing is held to give a person a fair chance to put a case, that person, and
(d) such other persons as may be prescribed.
(4) The hearing must be in public.
(5) It is for the examiner to decide how the hearing is to be conducted, including—
(a) whether a person making oral representations may be questioned by another person and, if so, the matters to which the questioning may relate, and
(b) the amount of time for the making of a person's oral representations or for any questioning by another person.
(6) In making decisions about the questioning of a person's oral representations by another, the examiner must apply the principle that the questioning should be done by the examiner except where the examiner considers that questioning by another is necessary to ensure—
(a) adequate examination of a particular issue, or
(b) a person has a fair chance to put a case.
(7) Sub-paragraph (5) is subject to regulations under paragraph 11.
10 (1) The examiner must make a report on the draft order containing recommendations in accordance with this paragraph (and no other recommendations).
(2) The report must recommend either—
(a) that the draft order is submitted to a referendum, or
(b) that modifications specified in the report are made to the draft order and that the draft order as modified is submitted to a referendum, or
(c) that the proposal for the order is refused.
(3) The only modifications that may be recommended are—
(a) modifications that the examiner considers need to be made to secure that the draft order meets the basic conditions mentioned in paragraph 8(2),
(b) modifications that the examiner considers need to be made to secure that the draft order is compatible with the Convention rights,
(c) modifications that the examiner considers need to be made to secure that the draft order complies with the provision made by or under sections 61E(2), 61J and 61L,
(d) modifications specifying a period under section 61L(2)(b) or (5), and
(e) modifications for the purpose of correcting errors.
(4) The report may not recommend that an order (with or without modifications) is submitted to a referendum if the examiner considers that the order does not—
(a) meet the basic conditions mentioned in paragraph 8(2), or
(b) comply with the provision made by or under sections 61E(2), 61J and 61L.
(5) If the report recommends that an order (with or without modifications) is submitted to a referendum, the report must also make—
(a) a recommendation as to whether the area for the referendum should extend beyond the neighbourhood area to which the order relates, and
(b) if a recommendation is made for an extended area, a recommendation as to what the extended area should be.
(6) The report must—
(a) give reasons for each of its recommendations, and
(b) contain a summary of its main findings.
(7) The examiner must send a copy of the report to the qualifying body and the local planning authority.
(8) The local planning authority must then arrange for the publication of the report in such manner as may be prescribed.
11 (1) Regulations may make provision in connection with examinations under paragraph 7.
(2) The regulations may in particular make provision as to—
(a) the giving of notice and publicity in connection with an examination,
(b) the information and documents relating to an examination that are to be made available to the public,
(c) the making of reasonable charges for anything provided as a result of the regulations,
(d) the making of written or oral representations in relation to draft neighbourhood development orders (including the time by which written representations must be made),
(e) the written representations which are to be, or which may be or may not be, considered at an examination,
(f) the refusal to allow oral representations of a prescribed description to be made at a hearing,
(g) the procedure to be followed at an examination (including the procedure to be followed at a hearing),
(h) the payment by a local planning authority of remuneration and expenses of the examiner, and
(i) the award of costs by the examiner.
Consideration by authority of recommendations made by examiner etc
12 (1) This paragraph applies if an examiner has made a report under paragraph 10.
(2) The local planning authority must—
(a) consider each of the recommendations made by the report (and the reasons for them), and
(b) decide what action to take in response to each recommendation.
(3) The authority must also consider such other matters as may be prescribed.
(4) If the authority are satisfied—
(a) that the draft order meets the basic conditions mentioned in paragraph 8(2), is compatible with the Convention rights and complies with the provision made by or under sections 61E(2), 61J and 61L, or
(b) that the draft order would meet those conditions, be compatible with those rights and comply with that provision if modifications were made to the draft order (whether or not recommended by the examiner),
a referendum in accordance with paragraph 14, and (if applicable) an additional referendum in accordance with paragraph 15, must be held on the making by the authority of a neighbourhood development order.
(5) The order on which the referendum is (or referendums are) to be held is the draft order subject to such modifications (if any) as the authority consider appropriate.
(6) The only modifications that the authority may make are—
(a) modifications that the authority consider need to be made to secure that the draft order meets the basic conditions mentioned in paragraph 8(2),
(b) modifications that the authority consider need to be made to secure that the draft order is compatible with the Convention rights,
(c) modifications that the authority consider need to be made to secure that the draft order complies with the provision made by or under sections 61E(2), 61J and 61L,
(d) modifications specifying a period under section 61L(2)(b) or (5), and
(e) modifications for the purpose of correcting errors.
(7) The area in which the referendum is (or referendums are) to take place must, as a minimum, be the neighbourhood area to which the proposed order relates.
(8) If the authority consider it appropriate to do so, they may extend the area in which the referendum is (or referendums are) to take place to include other areas (whether or not those areas fall wholly or partly outside the authority's area).
(9) If the authority decide to extend the area in which the referendum is (or referendums are) to take place, they must publish a map of that area.
(10) In any case where the authority are not satisfied as mentioned in sub-paragraph (4), they must refuse the proposal.
(11) The authority must publish in such manner as may be prescribed—
(a) the decisions they make under this paragraph,
(b) their reasons for making those decisions, and
(c) such other matters relating to those decisions as may be prescribed.
(12) The authority must send a copy of the matters required to be published to—
(a) the qualifying body, and
(b) such other persons as may be prescribed.
13 (1) If—
(a) the local planning authority propose to make a decision which differs from that recommended by the examiner, and
(b) the reason for the difference is (wholly or partly) as a result of new evidence or a new fact or a different view taken by the authority as to a particular fact,
the authority must notify prescribed persons of their proposed decision (and the reason for it) and invite representations.
(2) If the authority consider it appropriate to do so, they may refer the issue to independent examination.
(3) Regulations may make provision about examinations under this paragraph (and the regulations may include any provision of a kind mentioned in paragraph 11(2)).
(4) This paragraph does not apply in relation to recommendations in relation to the area in which a referendum is to take place.
Referendum
14 (1) This paragraph makes provision in relation to a referendum that, as a result of paragraph 12(4), must be held on the making of a neighbourhood development order.
(2) A relevant council must make arrangements for the referendum to take place in so much of their area as falls within the area (“the referendum area”) in which the referendum is to take place (as determined under paragraph 12(7) and (8)).
(3) A “relevant council” means—
(a) a district council,
(b) a London borough council,
(c) a metropolitan district council, or
(d) a county council in relation to any area in England for which there is no district council.
(4) A person is entitled to vote in the referendum if on the prescribed date—
(a) the person is entitled to vote in an election of any councillors of a relevant council any of whose area is in the referendum area, and
(b) the person's qualifying address for the election is in the referendum area.
(5) Sub-paragraph (4) does not apply in relation to so much of the referendum area as falls within the City of London.
(6) In that case a person is entitled to vote in the referendum if on the prescribed date—
(a) the person is entitled to vote in an Authority election, and
(b) the person's qualifying address for the election is in the City of London.
(7) For the purposes of this paragraph—
(a) “Authority election” has the same meaning as in the Representation of the People Act 1983 (see section 203(1)),
(b) the Inner Temple and the Middle Temple are to be treated as forming part of the City of London, and
(c) “qualifying address” has the same meaning as in the Representation of the People Act 1983 (see section 9).
15 (1) The additional referendum mentioned in paragraph 12(4) must be held on the making of a neighbourhood development order if the draft order relates to a neighbourhood area that has been designated as a business area under section 61H.
(2) Sub-paragraph (2) of paragraph 14 is to apply in relation to the additional referendum as it applies in relation to a referendum under that paragraph.
(3) A person is entitled to vote in the additional referendum if on the prescribed date—
(a) the person is a non-domestic ratepayer in the referendum area, or
(b) the person meets such other conditions as may be prescribed.
(4) “Non-domestic ratepayer” has the same meaning as in Part 4 of the Local Government Act 2003 (see section 59(1)).
(5) Regulations may make provision for excluding a person's entitlement to vote in the additional referendum.
16 (1) Regulations may make provision about referendums held under paragraph 14 or 15.
(2) The regulations may in particular make provision—
(a) dealing with any case where there are two or more relevant councils any of whose areas fall within the referendum area,
(b) for only one relevant council to be subject to the duty to make arrangements for the referendum in a case within paragraph (a),
(c) prescribing a date by which the referendum must be held or before which it cannot be held,
(d) as to the question to be asked in the referendum and any explanatory material in relation to that question (including provision conferring power on a local planning authority to set the question and provide that material),
(e) as to the publicity to be given in connection with the referendum,
(f) about the limitation of expenditure in connection with the referendum,
(g) as to the conduct of the referendum,
(h) as to when, where and how voting in the referendum is to take place,
(i) as to how the votes cast are to be counted,
(j) about certification as to the number of persons voting in the referendum and as to the number of those persons voting in favour of a neighbourhood development order, and
(k) about the combination of polls at a referendum held under paragraph 14 or 15 with polls at another referendum or at any election.
(3) The regulations may apply or incorporate, with or without modifications, any provision made by or under any enactment relating to elections or referendums.
(4) But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that provision.
(5) Before making the regulations, the Secretary of State must consult the Electoral Commission.
(6) In this paragraph “enactment” means an enactment, whenever passed or made.
Interpretation
17 In this Schedule—
“the Convention rights” has the same meaning as in the Human Rights Act 1998, and
“development plan”—
includes a development plan for the purposes of paragraph 1 of Schedule 8 to the Planning and Compulsory Purchase Act 2004 (transitional provisions), but
does not include so much of a development plan as consists of a neighbourhood development plan under section 38A of that Act.
SCHEDULE 11 Neighbourhood planning: community right to build orders
Section 116
This is the Schedule to be inserted as Schedule 4C to the Town and Country Planning Act 1990—
SCHEDULE 4C
Community right to build orders
Section 61Q
Introduction
1 (1) This Schedule makes special provision about a particular type of neighbourhood development order, which is to be known as a “community right to build order”.
(2) In their application to community right to build orders, the provisions of this Act relating to neighbourhood development orders have effect subject to the provision made by or under this Schedule.
(3) In its application to community organisations, section 61G (meaning of “neighbourhood area”) has effect subject to the provision made by this Schedule.
Meaning of “community right to build order”
2 (1) A neighbourhood development order is a community right to build order if—
(a) the order is made pursuant to a proposal made by a community organisation,
(b) the order grants planning permission for specified development in relation to a specified site in the specified neighbourhood area, and
(c) the specified development does not exceed prescribed limits.
(2) Regulations under sub-paragraph (1)(c) may prescribe a limit by reference to—
(a) the area in which the development is to take place,
(b) the number or type of operations or uses of land constituting the development, or
(c) any other factor.
(3) In this paragraph “specified” means specified in the community right to build order.
Meaning of “community organisation”
3 (1) For the purposes of this Schedule a “community organisation” is a body corporate—
(a) which is established for the express purpose of furthering the social, economic and environmental well-being of individuals living, or wanting to live, in a particular area, and
(b) which meets such other conditions in relation to its establishment or constitution as may be prescribed.
(2) Regulations under sub-paragraph (1)(b) may make provision in relation to—
(a) the distribution of profits made by the body to its members,
(b) the distribution of the assets of the body (in the event of its winding up or in any other circumstances),
(c) the membership of the body, and
(d) the control of the body (whether by the exercise of voting rights or otherwise).
Proposals by community organisations for community right to build orders
4 (1) A community organisation is authorised for the purposes of a community right to build order to act in relation to a neighbourhood area (whether or not any part of the neighbourhood area falls within the area of a parish council) if—
(a) the area mentioned in paragraph 3(1)(a) consists of or includes the neighbourhood area, and
(b) at the time the proposal for the order is made more than half of the members of the organisation live in the neighbourhood area.
(2) Accordingly, the community organisation is in that case to be regarded as a qualifying body for the purposes of section 61E.
(3) Nothing in section 61F is to apply in relation to community right to build orders except subsections (12)(a) and (13)(d) of that section.
(4) In particular, the reference in section 61F(10) to a neighbourhood development order is not to include a reference to a community right to build order (in a case where a community organisation is also a neighbourhood forum).
(5) But a local planning authority may decline to consider a proposal for a community right to build order or other neighbourhood development order if—
(a) another proposal has been made for a community right to build order or other neighbourhood development order,
(b) the other proposal is outstanding, and
(c) the authority consider that the development and site to which the proposals relate are the same or substantially the same.
(6) If the authority decline to consider the proposal, they must notify the person making the proposal of that fact and of their reasons for declining to consider it.
(7) A proposal for a community right to build order must state that the proposal is for such an order.
5 (1) A community organisation is to be regarded as a relevant body for the purposes of section 61G if—
(a) the area specified in the application made by the organisation consists of or includes the area mentioned in paragraph 3(1)(a), and
(b) at the time the application is made more than half of the members of the organisation live in the area specified in the application.
(2) The application made by the community organisation may specify any area within the local planning authority's area, irrespective of whether or not any part of the specified area falls within the area of a parish council.
(3) This paragraph applies only if the application by the community organisation under section 61G is made in connection with a proposal (or an anticipated proposal) for a community right to build order.
Development likely to have significant effects on environment etc
6 (1) A local planning authority must decline to consider a proposal for a community right to build order if they consider that—
(a) the specified development falls within Annex 2 to the EIA directive and is likely to have significant effects on the environment by virtue of factors such as its nature, size or location, or
(b) the specified development is likely to have significant effects on a qualifying European site (whether alone or in combination with other plans or projects) and is not directly connected with or necessary to the management of that site.
(2) In determining whether or not the specified development is within sub-paragraph (1)(a), the authority must take into account any relevant criteria mentioned in Annex 3 to the EIA directive.
(3) If the authority decline to consider the proposal as a result of sub-paragraph (1), they must notify the community organisation making the proposal of that fact and of their reasons for declining to consider it.
(4) Regulations may make provision requiring the publication of any decisions made by a local planning authority under this paragraph.
(5) In this paragraph—
“the EIA directive” means Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended from time to time),
“qualifying European site” means—
a European offshore marine site within the meaning of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007, or
a European site within the meaning of the Conservation of Habitats and Species Regulations 2010, and
“specified” means specified in the community right to build order.
Examination of proposals for community right to build orders etc
7 The provisions of Schedule 4B have effect in relation to community right to build orders with the following modifications.
8 Any reference in that Schedule to section 61E(2) includes a reference to paragraph 2 of this Schedule.
9 Any reference in that Schedule to section 61F includes a reference to paragraph 4 of this Schedule.
10 (1) The provision made by sub-paragraphs (2) to (5) of this paragraph is to have effect instead of paragraph 12(4) to (6) and (10) of that Schedule.
(2) If the examiner's report recommends that the draft order is refused, the authority must refuse the proposal.
(3) If the examiner's report recommends that the draft order is submitted to a referendum (with or without modifications), a referendum in accordance with paragraph 14 of that Schedule must be held on the making by the authority of a community right to build order.
(4) The order on which the referendum is to be held is the order that the examiner's report recommended be submitted to a referendum subject to such modifications (if any) as the authority consider appropriate.
(5) The only modifications that the authority may make are—
(a) modifications that the authority consider need to be made to secure that the order does not breach, and is otherwise compatible with, EU obligations,
(b) modifications that the authority consider need to be made to secure that the order is compatible with the Convention rights (within the meaning of the Human Rights Act 1998), and
(c) modifications for the purpose of correcting errors.
(6) In consequence of the provision made by sub-paragraphs (2) to (5) of this paragraph—
(a) paragraph 12(7) to (9) of Schedule 4B have effect as if the words “(or referendums are)” were omitted, and
(b) that Schedule has effect as if paragraph 15 (and references to that paragraph) were omitted.
(7) Any reference in this Act or any other enactment to paragraph 12 of Schedule 4B includes a reference to that paragraph as modified in accordance with this paragraph.
Use of land
11 (1) Regulations may make provision for securing that in prescribed circumstances—
(a) an enfranchisement right is not exercisable in relation to land the development of which is authorised by a community right to build order, or
(b) the exercise of an enfranchisement right in relation to that land is subject to modifications provided for by the regulations.
(2) Each of the following is an “enfranchisement right”—
(a) the right under Part 1 of the Leasehold Reform Act 1967 to acquire the freehold of a house (enfranchisement),
(b) the right under Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (collective enfranchisement in case of tenants of flats), and
(c) the right under section 180 of the Housing and Regeneration Act 2008 (right to acquire social housing).
(3) The regulations may—
(a) confer discretionary powers on the Secretary of State, a community organisation or any other specified person, and
(b) require notice to be given in any case where, as a result of the regulations, an enfranchisement right is not exercisable or is exercisable subject to modifications.
Different provision made by regulations for community right to build orders
12 (1) The provision that may be made by regulations under any provision of this Act relating to neighbourhood development orders includes different provision in relation to community right to build orders.
(2) Sub-paragraph (1) is not to be read as limiting in any way the generality of section 333(2A) (which provides that regulations may make different provision for different purposes).
Section 121
Town and Country Planning Act 1990
1 The Town and Country Planning Act 1990 is amended as follows.
2 In section 56(3) (time when development begun)—
(a) after “sections” insert “ 61L(5) and (7), ”, and
(b) for “and 94” substitute “ , 94 and 108(3E)(c)(i) ”.
3 In section 57(3) (extent of permission granted by development order), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
4 In section 58(1)(a) (grant of planning permission by development order), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
5 In section 62 (applications for planning permission), after subsection (2) insert—
(2A) In subsections (1) and (2) references to applications for planning permission include references to applications for approval under section 61L(2).
6 In section 65 (notice etc of applications for planning permission), after subsection (3) insert—
(3A) In subsections (1) and (3) references to any application for planning permission or any applicant for such permission include references to any application for approval under section 61L(2) or any applicant for such approval.
7 (1) Section 69 (register of applications etc) is amended as follows.
(2) In subsection (1), after paragraph (c) insert—
(ca) neighbourhood planning matters;
.
(3) In subsection (2)(b), after “order” insert “ , neighbourhood planning matter ”.
(4) After subsection (2) insert—
(2A) For the purposes of subsections (1) and (2) “neighbourhood planning matters” means—
(a) neighbourhood development orders;
(b) neighbourhood development plans (made under section 38A of the Planning and Compulsory Purchase Act 2004); and
(c) proposals for such orders or plans.
8 (1) Section 71 (consultations in connection with determinations under s.70) is amended as follows.
(2) After subsection (2) insert—
(2ZA) In subsections (1) and (2) references to an application for planning permission include references to an application for approval under section 61L(2).
(3) After subsection (3) insert—
(3A) Subsection (3) does not apply in relation to planning permission granted by a neighbourhood development order.
9 In section 74 (directions etc as to method of dealing with applications), after subsection (1) insert—
(1ZA) In subsection (1)—
(a) in paragraph (c) the reference to planning permission for any development includes a reference to an approval under section 61L(2), and
(b) in paragraph (f) references to applications for planning permission include references to applications for approvals under section 61L(2).
10 In section 77(1) (certain applications to be referred to the Secretary of State), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
11 In section 78(1)(c) (right of appeal in relation to certain planning directions), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
12 In section 88(9) (grant of planning permission in enterprise zone), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
13 In section 91(4)(a) (no limit to duration of planning permission granted by development order), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
14 In section 94(1) (termination of planning permission by reference to time limit: completion notices), at the end of paragraph (c) insert
; or
(d) a planning permission under a neighbourhood development order is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed.
15 (1) Section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order or local development order) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”, and
(b) in the words after paragraph (b), for “or a local development order” substitute “ , the local development order or the neighbourhood development order ”.
(3) In subsection (2), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
(4) In subsection (3B), at the end insert—
(c) in the case of planning permission granted by a neighbourhood development order, the condition in subsection (3E) is met.
(5) After subsection (3D) insert—
(3E) The condition referred to in subsection (3B)(c) is that—
(a) the planning permission is withdrawn by the revocation of the neighbourhood development order,
(b) notice of the revocation was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation took effect, and
(c) either—
(i) the development authorised by the neighbourhood development order had not begun before the notice was published, or
(ii) section 61L(7) applies in relation to the development.
(6) In the title, for “or a local development order” substitute “ , local development order or neighbourhood development order ”.
16 In section 109(6) (apportionment of compensation for depreciation), in the definition of “relevant planning permission”, for “or a local development order” substitute “ , the local development order or the neighbourhood development order ”.
17 In section 171H(1)(a) (temporary stop notice: compensation), for “a development order or local development order” substitute “ by a development order, a local development order or a neighbourhood development order ”.
18 In section 197 (planning permission to include appropriate provision for preservation and planting of trees), at the end insert—
Nothing in this section applies in relation to neighbourhood development orders.
19 In section 253(2)(c) (cases in which certain procedures may be carried out in anticipation of planning permission), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
20 In section 264(5) (land treated not as operational land)—
(a) in paragraph (b), omit “or a local development order”, and
(b) after paragraph (c) (but before the “or” at the end of the paragraph) insert—
(ca) granted by a local development order or a neighbourhood development order;
.
21 (1) Section 324 (rights of entry) is amended as follows.
(2) In subsection (1), after paragraph (a) insert—
(aa) the preparation, making, modification or revocation of a neighbourhood development plan under Part 3 of that Act;
.
(3) After that subsection insert—
(1A) For the purposes of subsection (1)(c) the reference to a proposal by the local planning authority to make any order under Part 3 includes a reference to a proposal submitted (or to be submitted) to the authority for the making by them of a neighbourhood development order.
22 (1) Section 333 (regulations and orders) is amended as follows.
(2) In subsection (3) (regulations to be subject to annulment) after “except regulations under section 88” insert “ or paragraph 15(5) or 16 of Schedule 4B ”.
(3) After that subsection insert—
(3A) No regulations may be made under paragraph 15(5) or 16 of Schedule 4B unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
23 In paragraph 1A of Schedule 13 (blighted land: land allocated for public authority functions in development plans etc)—
(a) after “for the area in which the land is situated” insert “ or by a neighbourhood development plan for the area in which the land is situated ”,
(b) after Note (2) insert—
(2A) For the purposes of this paragraph a neighbourhood development plan includes a draft of a neighbourhood development plan which has been submitted for examination under paragraph 7(2) of Schedule 4B (as applied by section 38A(3) of the 2004 Act).
, and
(c) after Note (5) insert—
(6) Note (2A) does not apply if the proposal for the draft plan is withdrawn under paragraph 2 of Schedule 4B (as applied by section 38A(3) of the 2004 Act) at any time after the draft plan has been submitted for examination.
Planning (Listed Buildings and Conservation Areas) Act 1990
24 The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.
25 In section 66 (general duty as respects listed buildings in exercise of planning functions), at the end insert—
(4) Nothing in this section applies in relation to neighbourhood development orders.
26 In section 72 (general duty as respects conservation areas in exercise of planning functions), at the end insert—
(4) Nothing in this section applies in relation to neighbourhood development orders.
Planning and Compulsory Purchase Act 2004
27 The Planning and Compulsory Purchase Act 2004 is amended as follows.
28 In section 18 (statement of community involvement), after subsection (2) insert—
(2A) The reference in subsection (2) to functions under Part 3 of the principal Act does not include functions under any provision of that Act relating to neighbourhood development orders (including any function under any of sections 61F to 61H of that Act).
29 In section 40(2) (local development orders), omit paragraphs (b) to (k).
30 In section 116(2)(b) (Isles of Scilly), after “Part 2” insert “ or 3 ”.
Housing and Regeneration Act 2008
31 In section 13(5) of the Housing and Regeneration Act 2008 (power of Secretary of State to make designation orders)—
(a) in paragraph (a) of the definition of “local planning authority”, after “Part 2” insert “ or 3 ”, and
(b) in paragraph (c) of the definition of “permitted purposes”, after “Part 2” insert “ or 3 ”.
SCHEDULE 13 Infrastructure Planning Commission: transfer of functions to Secretary of State
Section 128
PART 1 Amendments of the Planning Act 2008
Introductory
1 The Planning Act 2008 is amended as follows.
Abolition of Infrastructure Planning Commission
2 Omit sections 1 to 3 and Schedule 1 (establishment and governance of Commission and conduct and interests of Commissioners).
Fees
3 (1) Amend section 4 (regulations setting fees for performance of Commission's functions) as follows.
(2) In subsection (1) for “charging of fees by the Commission in connection with the performance of any of its functions” substitute “ charging of fees by the Secretary of State in connection with the performance of any of the Secretary of State's major-infrastructure functions ”.
(3) In subsection (3) (power to set fees calculated by reference to costs incurred)—
(a) for “incurred by the Commission” substitute “ incurred by the Secretary of State ”, and
(b) for “its functions” (in both places) substitute “ the Secretary of State's major-infrastructure functions ”.
(4) After subsection (3) insert—
(4) In this section “the Secretary of State's major-infrastructure functions” means—
(a) the Secretary of State's functions under Parts 2 to 8 and under Part 12 so far as applying for the purposes of those Parts,
(b) the giving of advice to which section 51 applies, and
(c) the Secretary of State's functions, in relation to proposed applications for orders granting development consent, under statutory provisions implementing—
(i) Council Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment, as amended from time to time, or
(ii) provisions of an EU instrument which from time to time replace provisions of that Directive.
(5) In subsection (4)(c) “statutory provision” means a provision of an Act or of an instrument made under an Act.
(5) In the heading of Part 1 for “The Infrastructure Planning Commission” substitute “ Infrastructure planning: fees ”.
Directions referring applications for other consents to Commission
4 In section 35(6) (relevant authority must refer application to Commission) for “Commission” substitute “ Secretary of State ”.
Applications for orders granting development consent
5 (1) Amend section 37 (applications to be made to Commission, which may give guidance about their contents and set standards for them) as follows.
(2) For “Commission” (in each place) substitute “ Secretary of State ”.
(3) In subsection (6) for “it” substitute “ the Secretary of State ”.
Model provisions for incorporation in draft orders
6 Omit section 38 (Secretary of State may prescribe non-compulsory model provisions).
Register of applications
7 (1) Amend section 39 (Commission to maintain and give access to register of applications) as follows.
(2) For “Commission” (in each place) substitute “ Secretary of State ”.
(3) In subsections (1) and (2) for “it” substitute “ the Secretary of State ”.
Notification of proposed application
8 (1) Amend section 46 (duty to notify Commission of proposed application) as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In the heading for “Commission” substitute “ Secretary of State ”.
Guidance about pre-application procedure
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Advice for potential applicants and others
10 (1) Section 51 (giving of advice by Commission and disclosure of advice and requests for advice) is amended as follows.
(2) In subsection (1) for “The Commission may give advice to an applicant or potential applicant, or to others,” substitute “ This section applies to advice ”.
(3) For subsections (2) to (4) substitute—
(3) The Secretary of State may by regulations make provision about the giving of advice to which this section applies.
(4) In particular, regulations under subsection (3) may make provision that has the effect that—
(a) a request for advice made by an applicant, potential applicant or other person, or
(b) advice given to an applicant, potential applicant or other person,
must be, or may be, disclosed by the Secretary of State to other persons or to the public generally.
Information about, and entry onto, land
11 In section 52(2) and (4) (authorisation by Commission to serve notice requiring names and addresses of persons with interests in land) for “Commission” substitute “ Secretary of State ”.
12 (1) Amend section 53 (rights of entry) as follows.
(2) In subsections (1) ... (Commission may authorise entry) for “Commission” (in each place) substitute “ Secretary of State ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acceptance of applications
13 (1) Amend section 55 (acceptance by Commission of applications) as follows.
(2) For “Commission” (in each place) substitute “ Secretary of State ”.
(3) In subsections (2), (4) and (6) for “it” (in each place) substitute “ the Secretary of State ”.
(4) In subsection (7)—
(a) for “it cannot accept the application, it” substitute “ the application cannot be accepted, the Secretary of State ”, and
(b) in paragraph (b) for “its” substitute “the Secretary of State's”.
14 In section 56 (if Commission accepts application, applicant to notify deadline for receipt by Commission of representations) for “Commission” (in each place) substitute “ Secretary of State ”.
15 In section 58(1) and (2) (applicant must certify to Commission that section 56 has been complied with) for “Commission” substitute “ Secretary of State ”.
16 In section 59(1) and (2) (applicant must notify Commission of persons affected by any request to authorise compulsory acquisition) for “Commission” substitute “ Secretary of State ”.
17 (1) Amend section 60 (Commission's duty to seek local impact reports) as follows.
(2) For “Commission” (in each place) substitute “ Secretary of State ”.
(3) In subsection (2) for “to it” substitute “ to the Secretary of State ”.
Deciding how application is to be handled
18 (1) Amend section 61 (initial choice of Panel or single Commissioner) as follows.
(2) In subsection (1) (which refers to acceptance of an application by the Commission) for “Commission” substitute “ Secretary of State ”.
(3) For subsections (2) to (5) (person appointed to chair Commission must make initial choice after consultation within the Commission and having regard to Secretary of State's guidance) substitute—
(2) The Secretary of State must decide whether the application—
(a) is to be handled by a Panel under Chapter 2, or
(b) is to be handled by a single appointed person under Chapter 3.
(3) The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).
(4) In the heading for “Commissioner” substitute “ appointed person ”.
19 (1) Amend section 62 (switching from single Commissioner to Panel) as follows.
(2) In subsection (1), and in the heading, for “Commissioner” substitute “ appointed person ”.
(3) For subsections (2) to (5) (person appointed to chair Commission may make switch after consultation within the Commission and having regard to the Secretary of State's guidance) substitute—
(2) The Secretary of State may decide that the application should instead be handled by a Panel under Chapter 2.
(3) The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).
Delegation of functions conferred on person appointed to chair Commission
20 Omit section 63 (power for Commission's chair to delegate functions under Part 6 to a deputy).
Handling of applications by a Panel
21 In section 64(1)(a) (which refers to an application accepted by the Commission) for “Commission” substitute “ Secretary of State ”.
22 (1) Amend section 65 (appointment of members, and lead member, of Panel) as follows.
(2) For subsection (1) (Commission chair must appoint Panel and Panel chair) substitute—
(1) The Secretary of State must appoint—
(a) three, four or five persons to be members of the Panel, and
(b) one of those persons to chair the Panel.
(3) Omit subsections (3) to (5) (self-appointments, and duty to consult within the Commission before making appointments).
23 (1) Amend section 66 (ceasing to be member, or lead member, of Panel) as follows.
(2) Omit subsection (1) (generally, person ceases to be Panel member on ceasing to be a Commissioner).
(3) In subsections (3) and (4) (member, or lead member, may resign by notice to Commission) for “Commission” substitute “ Secretary of State ”.
(4) In subsection (5) (Commission chair may remove Panel member or lead member)—
(a) for “person appointed to chair the Commission (“the chair”)” substitute “ Secretary of State ”, and
(b) in paragraphs (a) and (b) for “chair” substitute “ Secretary of State ”.
24 Omit section 67 (Panel member continuing though ceasing to be Commissioner).
25 (1) Amend section 68 (additional appointments to Panel) as follows.
(2) For subsection (2) (Commission chair may appoint additional Panel member) substitute—
(2) The Secretary of State may appoint a person to be a member of the Panel, but this power may not be exercised so as to cause the Panel to have more than five members.
(3) In subsection (3) (Commission chair must ensure Panel continues to have at least three members) for “person appointed to chair the Commission” substitute “Secretary of State
(4) Omit subsection (5) (self-appointments).
26 (1) Amend section 69 (replacement of lead member of Panel) as follows.
(2) In subsection (2) (Commission chair must make appointment to fill vacancy in office of lead member) for “person appointed to chair the Commission” substitute “ Secretary of State ”.
(3) Omit subsection (4) (self-appointments).
27 Omit section 70 (membership of Panel where application relates to land in Wales).
28 (1) Amend section 71 (supplementary provision where Panel replaces single Commissioner) as follows.
(2) In subsection (2) (single Commissioner may be appointed member, or member and lead member, of Panel) for “A Commissioner who has handled the application under Chapter 3” substitute “ An appointed person ”.
(3) In subsection (3) (power to treat things done by or to single Commissioner as done by or to Panel) for “a Commissioner” substitute “ an appointed person ”.
(4) After subsection (4) insert—
(5) In this section “appointed person” means a person appointed to handle the application under Chapter 3.
(5) In the heading for “Commissioner” substitute “ appointed person ”.
29 (1) Amend section 74 (Panel to decide, or make recommendations in respect of, application) as follows.
(2) Omit subsection (1) (cases in which Panel has function of deciding application).
(3) In subsection (2) (cases in which Panel has function of examining application and reporting on it to the Secretary of State) for “In any other case, the Panel” substitute “ The Panel ”.
(4) Omit subsection (4) (duty of Commission staff to give support to Panel).
Single-Commissioner procedure to become single-appointed-person procedure
30 (1) Amend section 78 (single Commissioner to handle application) as follows.
(2) In subsection (1)(a) (which refers to an application accepted by the Commission) for “Commission” substitute “ Secretary of State ”.
(3) In subsection (1)(b) (which refers to decision that application be handled by a single Commissioner) for “Commissioner” substitute “ appointed person ”.
(4) In subsection (2) (meaning of “the single Commissioner”) for “Commissioner” substitute “ appointed person ”.
(5) In the heading, and in the italic heading immediately preceding the section, for “Commissioner” substitute “ appointed person ”.
(6) In the heading of Chapter 3 of Part 6 for “single-Commissioner” substitute “ single-appointed-person ”.
31 For section 79 (Commission chair must appoint single Commissioner) substitute—
Appointment of single appointed person
79 The Secretary of State must appoint a person to handle the application.
32 (1) Amend section 80 (person ceasing to be single Commissioner) as follows.
(2) Omit subsection (1) (generally, person ceases to be single Commissioner on ceasing to be a Commissioner).
(3) In subsection (2) (single Commissioner may resign by notice to Commission)—
(a) for “Commissioner” substitute “ appointed person ”, and
(b) for “Commission” substitute “ Secretary of State ”.
(4) In subsection (3) (Commission chair may remove single Commissioner)—
(a) for “person appointed to chair the Commission (“the chair”)” substitute “ Secretary of State ”,
(b) for “Commissioner” (in both places) substitute “ appointed person ”, and
(c) for “if the chair” substitute “ if the Secretary of State ”.
(5) In the heading for “Commissioner” substitute “ appointed person ”.
33 Omit section 81 (single Commissioner continuing though ceasing to be Commissioner).
34 In section 82 (appointment of replacement single Commissioner) for “Commissioner” (in each place, including in the heading) substitute “ appointed person ”.
35 (1) Amend section 83 (single Commissioner to examine and report on application) as follows.
(2) In subsections (1) and (3), in the heading, and in the italic heading immediately preceding the section, for “Commissioner” (in each place, including in the word “Commissioner's”) substitute “ appointed person ”.
(3) In subsection (1)(b) (duty to make report) after “making a report” insert “ to the Secretary of State ”.
(4) Omit subsection (2) (report to be made to the Commission in some cases and to the Secretary in other cases).
(5) Omit subsection (4) (duty of Commission staff to support single Commissioner).
36 Omit sections 84 and 85 (procedure where single Commissioner's report made to Commission) and the italic heading immediately preceding section 84.
Examination of applications
37 In section 86 (Chapter applies to examination by Panel or single Commissioner), and in its heading, for “Commissioner” (in each place) substitute “ appointed person ”.
38 Omit section 87(2)(b) (Examining authority to have regard to guidance given by Secretary of State or Commission).
39 In section 92 (notifying Commission that compulsory acquisition hearing wanted) for “Commission” (in each place) substitute “ Secretary of State ”.
40 In section 93 (notifying Commission that open-floor hearing wanted) for “Commission” (in both places) substitute “ Secretary of State ”.
41 In section 94(2)(b) (Panel member or single Commissioner to preside over hearing) for “Commissioner” substitute “ appointed person ”.
42 After section 95 insert—
Hearings: defence and national security
95A (1) Subsection (2) applies if the Secretary of State is satisfied that if all or part of the Examining Authority's examination of the application takes the form of a meeting or hearing—
(a) the making of particular oral representations at such a meeting or hearing would be likely to result in the disclosure of information as to defence or national security, and
(b) the public disclosure of that information would be contrary to the national interest.
(2) The Secretary of State may direct that representations of a description specified in the direction may be made only to persons of a description so specified (instead of being made in public).
(3) If the Secretary of State gives a direction under subsection (2), the Attorney General or (where the representations are to be made in Scotland) the Advocate General for Scotland may appoint a person (an “appointed representative”) to represent the interests of an interested party who (by virtue of the direction) is prevented from being present when the representations are made.
(4) Rules under section 97 may (in particular) make provision as to the functions of an appointed representative.
(5) The Secretary of State may direct a person (a “responsible person”) to pay the fees and expenses of an appointed representative if the Secretary of State thinks that the responsible person is interested in a meeting or hearing in relation to any representations that are the subject of a direction under subsection (2).
(6) Subsections (7) and (8) apply if the Secretary of State gives a direction under subsection (5).
(7) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.
(8) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person, or determined by the Secretary of State, to be certified.
(9) An amount so certified is recoverable from the responsible person as a civil debt.
(10) In this section “representations” includes evidence.
43 In section 96(1)(c) (which refers to representations received by the Commission) for “Commission” substitute “ Secretary of State ”.
44 (1) Amend section 98 (timetable for examining, and reporting on, application) as follows.
(2) In subsection (3) (deadline for making report to Secretary of State) for the words from the beginning to “its report” substitute “ The Examining authority is under a duty to make its report under section 74(2)(b) or 83(1)(b) ”.
(3) In subsection (4) (Commission chair may extend deadlines under the section) for “person appointed to chair the Commission” substitute “ Secretary of State ”.
(4) For subsection (6) (extensions of deadlines to be reported to Secretary of State and in Commission's annual report) substitute—
(6) Subsections (7) and (8) apply where the power under subsection (4) is exercised.
(7) The Secretary of State must—
(a) notify each interested party of the new deadline, and
(b) publicise the new deadline in such manner as the Secretary of State thinks appropriate.
(8) The Secretary of State exercising the power must make a statement, to the House of Parliament of which that Secretary of State is a member, announcing the new deadline.
(9) A statement under subsection (8) may be written or oral.
45 (1) Amend section 100 (Commission chair may appoint assessors at request of Examining authority) as follows.
(2) In subsection (1) for “person appointed to chair the Commission (“the chair”)” substitute “ Secretary of State ”.
(3) In subsection (2) for “chair” substitute “ Secretary of State ”.
46 In section 101(1) (Commission chair may appoint lawyer to assist Examining authority) for “person appointed to chair the Commission” substitute “ Secretary of State ”.
47 In section 102(4) (meaning of “relevant representation”) for “Commission” (in each place) substitute “ Secretary of State ”.
Decisions on applications
48 (1) Amend section 103 as follows.
(2) In subsection (1) (cases where Secretary of State is the decision-maker) omit the words after “consent”.
(3) Omit subsection (2) (meaning in Act of “decision-maker”).
(4) For the heading substitute “ Secretary of State is to decide applications ”.
49 (1) Amend section 104 (decisions of Panel and Council) as follows.
(2) In subsection (1) for “the decision-maker is a Panel or the Council” substitute “ a national policy statement has effect in relation to development of the description to which the application relates ”.
(3) In subsection (2)—
(a) for “Panel or Council” (in both places) substitute “ Secretary of State ”,
(b) in paragraph (b) for “Commission” substitute “ Secretary of State ”, and
(c) in paragraph (d) for “its” substitute “the Secretary of State's”.
(4) In subsections (3) and (4) for “Panel or Council” substitute “ Secretary of State ”.
(5) In subsection (5)—
(a) for “Panel or Council is” substitute “ Secretary of State is ”, and
(b) for “Panel or Council, or the Commission, being in breach of any duty imposed on it” substitute “ Secretary of State being in breach of any duty imposed on the Secretary of State ”.
(6) In subsections (6), (7) and (8) for “Panel or Council” substitute “ Secretary of State ”.
(7) For the heading substitute “ Decisions in cases where national policy statement has effect ”
50 (1) Amend section 105 (decisions of Secretary of State) as follows.
(2) In subsection (1) for “if the decision-maker is the Secretary of State” substitute “ if section 104 does not apply in relation to the application ”.
(3) In subsection (2)(a) (which refers to reports submitted to the Commission) for “Commission” substitute “ Secretary of State ”.
(4) For the heading substitute “ Decisions in cases where no national policy statement has effect ”.
51 In section 106(1) (representations which decision-maker may disregard) for “decision-maker” (in both places) substitute “ Secretary of State ”.
52 (1) Section 107 (timetable for decisions) is amended as follows.
(2) In subsection (1) (deadline for deciding application)—
(a) for “decision-maker” substitute “ Secretary of State ”, and
(b) for “day after the start day” substitute “ deadline under section 98(3) ”.
(3) Omit subsection (2) (meaning of “the start day”).
(4) In subsection (3) (extension of deadline) for “appropriate authority” substitute “ Secretary of State ”.
(5) Omit subsection (4) (meaning of “appropriate authority”).
(6) For subsections (6) to (9) (publicising deadline extensions) substitute—
(6) Subsection (7) applies where the power under subsection (3) is exercised.
(7) The Secretary of State exercising the power must make a statement, to the House of Parliament of which that Secretary of State is a member, announcing the new deadline.
(8) A statement under subsection (7) must be published in such form and manner as the Secretary of State considers appropriate.
(8A) A statement under subsection (7) may be written or oral.
Suspension of decision-making process
53 In section 108(2) (suspension of proceedings on application) for the words from “the following” to the end substitute “ examination of the application by a Panel under Chapter 2, or a single appointed person under Chapter 3, is suspended (if not already completed). ”
Intervention by Secretary of State
54 In Part 6, omit Chapter 7 (which consists of sections 109 to 113 and Schedule 3).
Grant or refusal
55 (1) Section 114 (decision-maker to grant or refuse consent) is amended as follows.
(2) In subsection (1)—
(a) for “it” substitute “ the Secretary of State ”, and
(b) for “decision-maker” substitute “ Secretary of State ”.
(3) In subsection (2) for “decision-maker” substitute “ Secretary of State ”.
56 Omit section 115(6) (Panel or Council to have regard to Secretary of State's guidance in deciding whether development is associated).
57 (1) Amend section 116 (reasons) as follows.
(2) In subsection (1)—
(a) for “decision-maker” substitute “ Secretary of State ”, and
(b) for “its” substitute “the Secretary of State's”.
(3) In subsection (2) for “appropriate authority” substitute “ Secretary of State ”.
(4) In subsection (3)—
(a) for “appropriate authority” substitute “ Secretary of State ”, and
(b) for “the authority” substitute “ the Secretary of State ”.
(5) Omit subsection (4) (meaning of “appropriate authority”).
58 (1) Amend section 117 (orders granting consent: formalities) as follows.
(2) Omit subsections (2) and (5) (orders made by Panel or Council).
(3) In subsection (3) (duty to publish order)—
(a) for “appropriate authority” substitute “ Secretary of State ”, and
(b) for “the authority” substitute “ the Secretary of State ”.
(4) For subsection (4) (order exercising powers under section 120(5)(a) or (b) must be in statutory instrument) substitute—
(4) If the order includes provision—
(a) made under section 120(3) for or relating to any of the matters listed in paragraphs 32A and 32B of Schedule 5, or
(b) made in the exercise of any of the powers conferred by section 120(5)(a) or (b),
the order must be contained in a statutory instrument.
(5) In subsection (6) for “is made, the appropriate authority” substitute “ containing the order is made, the Secretary of State ”.
(6) Omit subsection (7) (meaning of “appropriate authority”).
59 (1) Amend section 118 (legal challenges) as follows.
(2) In subsection (3) (challenges to Commission decision not to accept application) for “Commission” (in both places) substitute “ Secretary of State ”.
(3) In subsection (7) (other challenges to things done by Secretary of State or Commission) omit “or the Commission”.
Orders granting development consent
60 (1) Amend section 120 (what may be contained in order) as follows.
(2) In subsection (5)(b) and (c) (order may contain provision that appears necessary or expedient to decision-maker) for “decision-maker” substitute “ Secretary of State ”.
(3) For subsection (8) (order may not create offences or make byelaws or confer or amend power to do so) substitute—
(8) With the exception of provision made under subsection (3) for or relating to any of the matters listed in paragraph 32B of Schedule 5, an order granting development consent may not include—
(a) provision creating offences,
(b) provision conferring power to create offences, or
(c) provision changing an existing power to create offences.
61 Omit section 121 (Secretary of State's control of exercise of legislative powers by Panel or Council).
62 In sections 122(1) and 123(1) (compulsory acquisition may be authorised only if decision-maker satisfied conditions met) for “decision-maker” substitute “ Secretary of State ”.
63 Omit section 124 (guidance to Panels and Council about authorising compulsory acquisition).
64 (1) Amend section 127 (statutory undertakers' land) as follows.
(2) In subsection (1)(c) (decision-maker must be satisfied as to use of land) for “decision-maker” substitute “ Secretary of State ”.
(3) Omit subsection (7)(b) (Secretary of State to notify Commission).
65 Omit sections 131(10)(b) and 132(10)(b) (Secretary of State to notify Commission).
66 (1) Amend section 136 (public rights of way) as follows.
(2) In subsection (1) (decision-maker must be satisfied) for “decision-maker” substitute “ Secretary of State ”.
(3) In subsections (4)(b) and (5) (revival of right extinguished in connection with abandoned acquisition proposal) for “appropriate authority” substitute “ Secretary of State ”.
(4) Omit subsection (6) (meaning of “appropriate authority”).
67 In section 138(4)(a) (decision-maker must be satisfied) for “decision-maker” substitute “ Secretary of State ”.
68 (1) Amend section 147 (Green Belt land) as follows.
(2) In subsection (2) (decision-maker's duty to notify) for “decision-maker” substitute “ Secretary of State ”.
(3) Omit subsection (3) (cases where Secretary of State not decision-maker).
69 In section 235(1) (interpretation of Act) omit the definitions of—
“the Commission”,
“Commissioner”,
“the Council”, and
“decision-maker”.
70 (1) Amend Schedule 4 (corrections of errors in development consent decisions) as follows.
(2) In paragraph 1(1)(a) for “decision-maker” substitute “ Secretary of State ”.
(3) In paragraph 1(4), (5) and (7) for “appropriate authority” (in each place) substitute “ Secretary of State ”.
(4) Omit paragraph 1(9) (instruments made by the Commission).
(5) In paragraph 1(10) for “is made, the appropriate authority” substitute “ containing the order is made, the Secretary of State ”.
(6) In paragraph 2 for “appropriate authority” (in each place) substitute “ Secretary of State ”.
(7) In paragraph 2(4) (Secretary of State may specify other persons to whom correction notice is to be given) for the words after “may” substitute “ give the correction notice to persons other than those to whom sub-paragraph (3) requires it to be given. ”
(8) In paragraph 4 omit the definition of “the appropriate authority”.
71 (1) Amend Schedule 5 (provisions relating to, or to matters ancillary to, development) as follows.
(2) In paragraph 18 (order granting development consent may make provision for or relating to charging tolls, fares and other charges) after “fares” insert “ (including penalty fares) ”.
(3) After paragraph 32 insert—
32A The making of byelaws by any person and their enforcement.
32B (1) The creation of offences within sub-paragraph (2) in connection with—
(a) non-payment of tolls, fares or other charges,
(b) a person's failure to give the person's name or address in accordance with provision relating to penalty fares,
(c) enforcement of byelaws, or
(d) construction, improvement, maintenance or management of a harbour.
(2) An offence is within this sub-paragraph if—
(a) it is triable only summarily,
(b) a person guilty of the offence is not liable to imprisonment, and
(c) any fine to which a person guilty of the offence may be liable cannot be higher than level 3 on the standard scale.
72 (1) Amend Schedule 6 (changes to, and revocation of, orders) as follows.
(2) Omit paragraph 1(4) (meaning of “appropriate authority”).
(3) Except in paragraphs 3(6) and (7) and 6(2), for “appropriate authority” (in each place) substitute “ Secretary of State ”.
(4) In paragraph 2(1) for “it” substitute “ the Secretary of State ”.
(5) In paragraph 2(4) for “Commission” substitute “ Secretary of State ”.
(6) Omit paragraph 2(10) (instruments made by Commission).
(7) In paragraph 2(11) after “instrument” insert “ containing the order ”.
(8) Omit paragraph 3(6) (cases where Commission is appropriate authority).
(9) In paragraph 3(7) for “Where the appropriate authority is the Secretary of State, the” substitute “ The ”.
(10) Omit paragraph 4(8) (instruments made by Commission).
(11) In paragraph 4(9) after “instrument” insert “ containing the order ”.
(12) In paragraph 6(2) for the words after “payable to the person” substitute “ by the Secretary of State. ”
73 In Schedule 12 (application of Act to Scotland: modifications) in paragraph 27 (application of Part 1 of Schedule 5) after “32” insert “ , 32B(1)(a), (b) and (d) ”.
PART 2 Other amendments
Parliamentary Commissioner Act 1967 (c. 13)
74 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit the entry for the Infrastructure Planning Commission.
House of Commons Disqualification Act 1975 (c. 24)
75 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Infrastructure Planning Commission.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
76 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Infrastructure Planning Commission.
Town and Country Planning Act 1990 (c. 8)
77 (1) The Town and Country Planning Act 1990 is amended as follows.
(2) In section 106A(11) (modification and discharge of planning obligations: meaning of “appropriate authority”)—
(a) in paragraph (aa) (Secretary of State is appropriate authority in certain development consent cases) omit the words after “any development consent obligation”, and
(b) omit paragraph (ab) (Commission is appropriate authority in all other development consent cases).
(3) In section 106B(1) (planning obligation appeals otherwise than from Secretary of State or Commission) omit “or the Infrastructure Planning Commission”.
(4) In section 106C (development consent obligations: legal challenges) omit “or the Infrastructure Planning Commission” (in both places).
Freedom of Information Act 2000 (c. 36)
78 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit the entry for the Infrastructure Planning Commission.
Government of Wales Act 2006 (c. 32)
79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 14 Grounds on which landlord may refuse to surrender and grant tenancies under section 158
Section 159
Ground 1
1 This ground is that any rent lawfully due from a tenant under one of the existing tenancies has not been paid.
Ground 2
2 This ground is that an obligation under one of the existing tenancies has been broken or not performed.
Ground 3
3 This ground is that any of the relevant tenants is subject to an order of the court for possession of the dwelling-house let on that tenant's existing tenancy.
Ground 4
4 (1) This ground is that either of the following conditions is met.
(2) The first condition is that—
(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and
(b) possession is sought on one or more of grounds 1 to 6 in Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which possession may be ordered despite absence of suitable accommodation).
(3) The second condition is that—
(a) a notice has been served on a relevant tenant under section 83 of that Act (notice of proceedings for possession), and
(b) the notice specifies one or more of those grounds and is still in force.
Ground 4A
4A (1) This ground is that either of the following conditions is met.
(2) The first condition is that—
(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and
(b) possession is sought under section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour).
(3) The second condition is that—
(a) a notice has been served on a relevant tenant under section 83ZA of that Act (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour), and
(b) the notice is still in force.
Ground 5
5 (1) This ground is that either of the following conditions is met.
(2) The first condition is that—
(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and
(b) possession is sought on one or more of the grounds in Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which the court may order possession)
(3) The second condition is that—
(a) a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and
(b) the notice specifies one or more of those grounds and is still in force.
Ground 5A
5A (1) This ground is that either of the following conditions is met.
(2) The first condition is that—
(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and
(b) possession is sought on ground 7A in Part 1 of Schedule 2 to the Housing Act 1988 (absolute ground for possession for anti-social behaviour).
(3) The second condition is that—
(a) a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and
(b) the notice specifies ground 7A and is still in force.
Ground 6
6 (1) This ground is that either of the following conditions is met.
(2) The first condition is that a relevant order , a suspended anti-social behaviour possession order or a suspended riot-related possession order is in force in respect of a relevant tenant or a person residing with a relevant tenant.
(3) The second condition is that an application is pending before any court for a relevant order, a demotion order , an anti-social behaviour possession order or a riot-related possession order to be made in respect of a relevant tenant or a person residing with a relevant tenant.
(4) In this paragraph—
a “relevant order” means—
an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour),
an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour),
an injunction under section 153A, 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords),
an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998, ...
an injunction to which a power of arrest is attached by virtue of section 91 of the Anti-social Behaviour Act 2003 or section 27 of the Police and Justice Act 2006;
a respect order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014,
an injunction under Part 1 of that Act, or
a criminal behaviour order within the meaning given by section 330 of the Sentencing Code;
An “anti-social behaviour possession order” means an order for possession under Ground 2 in Schedule 2 to the Housing Act 1985 or Ground 14 in Schedule 2 to the Housing Act 1988.
a “demotion order” means a demotion order under section 82A of the Housing Act 1985 or section 6A of the Housing Act 1988;
A “riot-related possession order” means an order for possession under Ground 2ZA in Schedule 2 to the Housing Act 1985 or Ground 14ZA in Schedule 2 to the Housing Act 1988.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ground 6A
6A This ground is that a dwelling-house let on an existing tenancy is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.
Ground 7
7 This ground is that the accommodation afforded by the dwelling-house proposed to be let on the new tenancy is substantially more extensive than is reasonably required by the existing tenant or tenants to whom the tenancy is proposed to be granted.
Ground 8
8 This ground is that the extent of the accommodation afforded by the dwelling-house proposed to be let on the new tenancy is not reasonably suitable to the needs of—
(a) the existing tenant or tenants to whom the tenancy is proposed to be granted, and
(b) the family of that tenant or those tenants.
Ground 9
9 (1) This ground is that the dwelling house proposed to be let on the new tenancy meets both of the following conditions.
(2) The first condition is that the dwelling-house—
(a) forms part of or is within the curtilage of a building that, or so much of it as is held by the landlord—
(i) is held mainly for purposes other than housing purposes, and
(ii) consists mainly of accommodation other than housing accommodation, or
(b) is situated in a cemetery.
(3) The second condition is that the dwelling-house was let to any tenant under the existing tenancy of that dwelling-house, or a predecessor in title of the tenant, in consequence of the tenant or the predecessor being in the employment of—
(a) the landlord under the tenancy,
(b) a local authority,
(c) a development corporation,
(d) a housing action trust,
(e) an urban development corporation, or
(f) the governors of an aided school.
Ground 10
10 This ground is that the landlord is a charity and the occupation of the dwelling-house proposed to be let on the new tenancy by the relevant tenant or tenants to whom the new tenancy is proposed to be granted would conflict with the objects of the charity.
Ground 11
11 (1) This ground is that both of the following conditions are met.
(2) The first condition is that the dwelling-house proposed to be let on the new tenancy has features that—
(a) are substantially different from those of ordinary dwelling-houses, and
(b) are designed to make it suitable for occupation by a physically disabled person who requires accommodation of the kind provided by the dwelling-house.
(3) The second condition is that if the new tenancy were granted there would no longer be such a person residing in the dwelling-house.
Ground 12
12 (1) This ground is that both of the following conditions are met.
(2) The first condition is that the landlord is a housing association or housing trust which lets dwelling-houses only for occupation (alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to meet their need for housing.
(3) The second condition is that, if the new tenancy were granted, there would no longer be such a person residing in the dwelling-house proposed to be let on the new tenancy.
Ground 13
13 (1) This ground is that all of the following conditions are met.
(2) The first condition is that the dwelling-house proposed to be let on the new tenancy is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs.
(3) The second condition is that a social service or special facility is provided in close proximity to the group of dwelling-houses to assist persons with those special needs.
(4) The third condition is that if the new tenancy were granted there would no longer be a person with those special needs residing in the dwelling-house.
Ground 14
14 (1) This ground is that all of the following conditions are met.
(2) The first condition is that—
(a) the dwelling-house proposed to be let on the new tenancy is the subject of a management agreement under which the manager is a housing association, and
(b) at least half the members of the association are tenants of dwelling-houses subject to the agreement.
(3) The second condition is that at least half the tenants of the dwelling-houses are members of the association.
(4) The third condition is that no relevant tenant to whom the new tenancy is proposed to be granted is, or is willing to become, a member of the association.
(5) References in this paragraph to a management agreement include a section 247 or 249 arrangement as defined by 250A(6) of the Housing and Regeneration Act 2008.
SCHEDULE 15 Abolition of Housing Revenue Account subsidy in England
Section 167
1 Part 6 of the Local Government and Housing Act 1989 (housing finance) is amended as follows.
2 (1) Section 79 (Housing Revenue Account subsidy) is amended as follows.
(2) In subsection (1) after “local housing authorities” insert “ in Wales ”.
(3) In subsection (2) for “appropriate person” in both places substitute “ Welsh Ministers ”.
3 (1) Section 80 (calculation of Housing Revenue Account Subsidy) is amended as follows.
(2) In subsection (1)—
(a) after “local housing authority” insert “ in Wales ”, and
(b) for “appropriate person” substitute “ Welsh Ministers ”.
(3) In subsection (1A)(b)—
(a) in sub-paragraph (i) for “appropriate person” in both places substitute “ Welsh Ministers ”, and
(b) in sub-paragraph (ii)—
(i) for “appropriate person's” substitute “Welsh Ministers'”, and
(ii) for “appropriate person” substitute “ Welsh Ministers ”.
(4) In subsection (3)—
(a) in the opening words for “appropriate person” substitute “ Welsh Ministers ”,
(b) in the opening words for “he considers” substitute “ they consider ”,
(c) in paragraph (b) for “appropriate person” substitute “ Welsh Ministers ”, and
(d) in paragraph (c) for “he thinks” substitute “ the Welsh Ministers think ”.
(5) In subsection (4)—
(a) in the opening words for “(or each authority in England or in Wales)” substitute “ in Wales ”,
(b) in paragraph (a)—
(i) for the “appropriate person considers” substitute “ Welsh Ministers consider ”, and
(ii) for “(or all of the authorities in England or Wales)” substitute “ in Wales ”, and
(c) in paragraph (b)—
(i) for “them” substitute “ the authorities ”,
(ii) for the “appropriate person considers” substitute “ Welsh Ministers consider ”,
(iii) for “he thinks” substitute “ the Welsh Ministers think ”,
(iv) for “their” substitute “the authorities'”, and
(v) for “they” substitute “ the authorities ”.
(6) In subsection (5) for “appropriate person's” substitute “Welsh Ministers'”.
(7) In subsection (6)—
(a) for “appropriate person” substitute “ Welsh Ministers ”,
(b) for “him” substitute “ them ”, and
(c) for “he thinks” substitute “ they think ”.
4 (1) Section 80ZA (negative amounts of subsidy payable to appropriate person) is amended as follows.
(2) In the heading for “appropriate person” substitute “ Welsh Ministers ”.
(3) In subsection (1)(b) for “appropriate person” substitute “ Welsh Ministers ”.
(4) In subsection (2)—
(a) for “appropriate person” substitute “ Welsh Ministers ”,
(b) for “him” substitute “ them ”, and
(c) for “he” substitute “ they ”.
(5) In subsection (3) for “appropriate person” substitute “ Welsh Ministers ”.
(6) In subsection (4)—
(a) for “appropriate person” substitute “ Welsh Ministers ”,
(b) for “he” substitute “ the Welsh Ministers ”, and
(c) for “him” substitute “ the Welsh Ministers ”.
(7) In subsection (5)—
(a) for “appropriate person” substitute “ Welsh Ministers ”, and
(b) for “him” in both places substitute “ the Welsh Ministers ”.
5 (1) Section 80A (final decision on amount of Housing Revenue Account subsidy) is amended as follows.
(2) In subsection (1)—
(a) after the first “authority” insert “ in Wales ”,
(b) for “Secretary of State” substitute “ Welsh Ministers ”,
(c) for “he thinks” substitute “ they think ”, and
(d) for “his” substitute “ their ”.
(3) In subsection (1A) for “Secretary of State” substitute “ Welsh Ministers ”.
(4) In subsection (1B)—
(a) in paragraph (a) for “Secretary of State” substitute “ Welsh Ministers ”,
(b) in paragraph (c) for “Secretary of State has” substitute “ Welsh Ministers have ”, and
(c) in paragraph (d) for “Secretary of State” substitute “ Welsh Ministers ”.
(5) In subsection (1C) for “Secretary of State” in both places substitute “ Welsh Ministers ”.
(6) In subsection (1D) for “Secretary of State” in both places substitute “ Welsh Ministers ”.
(7) In subsection (4)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”, and
(b) for “he thinks” substitute “ they think ”.
(8) In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.
6 (1) Section 80B (agreements to exclude certain authorities or property) is amended as follows.
(2) In subsection (1) for “appropriate person” substitute “ Welsh Ministers ”.
(3) In subsection (3)—
(a) in paragraph (b) for “appropriate person” in both places substitute “ Welsh Ministers ”, and
(b) in paragraph (e) for “appropriate person” substitute “ Welsh Ministers ”.
(4) In subsection (4) for “appropriate person” substitute “ Welsh Ministers ”.
7 Omit sections 82 to 84 (residual debt subsidy and housing subsidy for year 1989-90).
8 (1) Section 85 (power to obtain information) is amended as follows.
(2) In subsection (1)—
(a) after “authority” in both places insert “ in Wales ”,
(b) for “Secretary of State” in both places substitute “ Welsh Ministers ”,
(c) for “he” substitute “ the Welsh Ministers ”,
(d) for “his” substitute “ their ”, and
(e) omit “or 83”.
(3) In subsection (2)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”,
(b) for “him” substitute “ them ”, and
(c) for “he” substitute “ they ”.
(4) In subsection (3)—
(a) for “Secretary of State” substitute “ Welsh Ministers ”,
(b) for the first “he” substitute “ the Welsh Ministers ”,
(c) for “his” substitute “ their ”,
(d) omit “or 83”, and
(e) for “he sees” substitute “ they see ”.
9 In section 86(1) (recoupment of subsidy in certain cases)—
(a) omit “or residual debt subsidy”,
(b) for “Secretary of State” substitute “ Welsh Ministers ”,
(c) for “him” substitute “ them ”, and
(d) for “he” in each place substitute “ they ”.
10 (1) Section 88 (construction and application of Part 6) is amended as follows.
(2) Omit subsection (2).
(3) In subsection (3) omit “Subject to subsection (2) above,”.
(4) Omit subsections (4) and (5).
11 (1) Schedule 4 (the keeping of the Housing Revenue Account) is amended as follows.
(2) In Part 2 (debits to the account) in Item 5 (sums payable under section 80ZA) for “the Secretary of State, or the National Assembly for Wales,” substitute “ the Welsh Ministers ”.
(3) In Part 3 (special cases) in paragraph 2(1) (credit balance where no HRA subsidy payable) after “authority” insert “ in Wales ”.