Local Democracy, Economic Development and Construction Act 2009
Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.
Change 1
113B Boundaries of power under section 113A
(1) Section 113A(1) does not enable an EPB or combined authority to do— (a) anything which it is unable to do by virtue of a pre-commencement limitation, or (b) anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply— (i) to its power under section 113A(1), (ii) to all of its powers, or (iii) to all of its powers but with exceptions that do not include its power under section 113A(1). (2) If exercise of a pre-commencement power of an EPB or combined authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 113A(1) so far as that power is overlapped by the pre-commencement power. (3) Section 113A(1) does not authorise an EPB or combined authority to borrow money. (4) Section 113A(1)(a) to (d) do not authorise an EPB or combined authority to charge a person for anything done by it otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of EPBs, combined authorities and other best value authorities to charge for discretionary services)). (5) Section 113A(1)(e) does not authorise an EPB or combined authority to do things for a commercial purpose in relation to a person if a statutory provision requires it to do those things in relation to the person. (6) Where under section 113A(1)(e) an EPB or combined authority does things for a commercial purpose, it must do them through— (a) a company within the meaning given by section 1(1) of the Companies Act 2006, ... (b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or (c) a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969. (7) In this section— “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that— is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or is contained in an instrument made under an Act and comes into force on or after the commencement of section 13(1) of that Act; “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that— is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 13(1) of that Act; “pre-commencement power” means power conferred by a statutory provision that— is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 13(1) of that Act; “statutory provision” means a provision of an Act or of an instrument made under an Act.
113B Boundaries of power under section 113A
(1) Section 113A(1) does not enable an EPB or combined authority to do— (a) anything which it is unable to do by virtue of a pre-commencement limitation, or (b) anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply— (i) to its power under section 113A(1), (ii) to all of its powers, or (iii) to all of its powers but with exceptions that do not include its power under section 113A(1). (2) If exercise of a pre-commencement power of an EPB or combined authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 113A(1) so far as that power is overlapped by the pre-commencement power. (3) Section 113A(1) does not authorise an EPB or combined authority to borrow money. (4) Section 113A(1)(a) to (d) do not authorise an EPB or combined authority to charge a person for anything done by it otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of EPBs, combined authorities and other best value authorities to charge for discretionary services)). (5) Section 113A(1)(e) does not authorise an EPB or combined authority to do things for a commercial purpose in relation to a person if a statutory provision requires it to do those things in relation to the person. (6) Where under section 113A(1)(e) an EPB or combined authority does things for a commercial purpose, it must do them through— (a) a company within the meaning given by section 1(1) of the Companies Act 2006, ... (b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or (c) a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969. (7) In this section— “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that— is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or is contained in an instrument made under an Act and comes into force on or after the commencement of section 13(1) of that Act; “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that— is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 13(1) of that Act; “pre-commencement power” means power conferred by a statutory provision that— is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 13(1) of that Act; “statutory provision” means a provision of an Act or of an instrument made under an Act.
One line that says what changes, such as "Halve the dog tax".
Who it helps, what it costs, what it fixes. It is what persuades people to support it.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.
Sign in to file your proposal. What you have written stays on this page.
Sign in to file itThink it through
Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.