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Localism Act 2011

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This is the original version (as it was originally enacted).

Localism Act 2011

2011 CHAPTER 20

An Act to make provision about the functions and procedures of local and certain other authorities; to make provision about the functions of the Commission for Local Administration in England; to enable the recovery of financial sanctions imposed by the Court of Justice of the European Union on the United Kingdom from local and public authorities; to make provision about local government finance; to make provision about town and country planning, the Community Infrastructure Levy and the authorisation of nationally significant infrastructure projects; to make provision about social and other housing; to make provision about regeneration in London; and for connected purposes.

[15th November 2011]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1Local Government

CHAPTER 1General powers of authorities

1Local authority’s general power of competence

(1)A local authority has power to do anything that individuals generally may do.

(2)Subsection (1) applies to things that an individual may do even though they are in nature, extent or otherwise—

(a)unlike anything the authority may do apart from subsection (1), or

(b)unlike anything that other public bodies may do.

(3)In this section “individual” means an individual with full capacity.

(4)Where subsection (1) confers power on the authority to do something, it confers power (subject to sections 2 to 4) to do it in any way whatever, including—

(a)power to do it anywhere in the United Kingdom or elsewhere,

(b)power to do it for a commercial purpose or otherwise for a charge, or without charge, and

(c)power to do it for, or otherwise than for, the benefit of the authority, its area or persons resident or present in its area.

(5)The generality of the power conferred by subsection (1) (“the general power”) is not limited by the existence of any other power of the authority which (to any extent) overlaps the general power.

(6)Any such other power is not limited by the existence of the general power (but see section 5(2)).

(7)Schedule 1 (consequential amendments) has effect.

2Boundaries of the general power

(1)If exercise of a pre-commencement power of a local authority is subject to restrictions, those restrictions apply also to exercise of the general power so far as it is overlapped by the pre-commencement power.

(2)The general power does not enable a local authority to do—

(a)anything which the authority is unable to do by virtue of a pre-commencement limitation, or

(b)anything which the authority is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i)to the general power,

(ii)to all of the authority’s powers, or

(iii)to all of the authority’s powers but with exceptions that do not include the general power.

(3)The general power does not confer power to—

(a)make or alter arrangements of a kind which may be made under Part 6 of the Local Government Act 1972 (arrangements for discharge of authority’s functions by committees, joint committees, officers etc);

(b)make or alter arrangements of a kind which are made, or may be made, by or under Part 1A of the Local Government Act 2000 (arrangements for local authority governance in England);

(c)make or alter any contracting-out arrangements, or other arrangements within neither of paragraphs (a) and (b), that authorise a person to exercise a function of a local authority.

(4)In this section—

  • “post-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision that—

    (a)

    is contained in an Act passed after the end of the Session in which this Act is passed, or

    (b)

    is contained in an instrument made under an Act and comes into force on or after the commencement of section 1;

  • “pre-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision that—

    (a)

    is contained in this Act, or in any other Act passed no later than the end of the Session in which this Act is passed, or

    (b)

    is contained in an instrument made under an Act and comes into force before the commencement of section 1;

  • “pre-commencement power” means power conferred by a statutory provision that—

    (a)

    is contained in this Act, or in any other Act passed no later than the end of the Session in which this Act is passed, or

    (b)

    is contained in an instrument made under an Act and comes into force before the commencement of section 1.

3Limits on charging in exercise of general power

(1)Subsection (2) applies where—

(a)a local authority provides a service to a person otherwise than for a commercial purpose, and

(b)its providing the service to the person is done, or could be done, in exercise of the general power.

(2)The general power confers power to charge the person for providing the service to the person only if—

(a)the service is not one that a statutory provision requires the authority to provide to the person,

(b)the person has agreed to its being provided, and

(c)ignoring this section and section 93 of the Local Government Act 2003, the authority does not have power to charge for providing the service.

(3)The general power is subject to a duty to secure that, taking one financial year with another, the income from charges allowed by subsection (2) does not exceed the costs of provision.

(4)The duty under subsection (3) applies separately in relation to each kind of service.

4Limits on doing things for commercial purpose in exercise of general power

(1)The general power confers power on a local authority to do things for a commercial purpose only if they are things which the authority may, in exercise of the general power, do otherwise than for a commercial purpose.

(2)Where, in exercise of the general power, a local authority does things for a commercial purpose, the authority must do them through a company.

(3)A local authority may not, in exercise of the general power, do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.

(4)In this section “company” means—

(a)a company within the meaning given by section 1(1) of the Companies Act 2006, or

(b)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.

5Powers to make supplemental provision

(1)If the Secretary of State thinks that a statutory provision (whenever passed or made) prevents or restricts local authorities from exercising the general power, the Secretary of State may by order amend, repeal, revoke or disapply that provision.

(2)If the Secretary of State thinks that the general power is overlapped (to any extent) by another power then, for the purpose of removing or reducing that overlap, the Secretary of State may by order amend, repeal, revoke or disapply any statutory provision (whenever passed or made).

(3)The Secretary of State may by order make provision preventing local authorities from doing, in exercise of the general power, anything which is specified, or is of a description specified, in the order.

(4)The Secretary of State may by order provide for the exercise of the general power by local authorities to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(5)The power under subsection (1), (2), (3) or (4) may be exercised in relation to—

(a)all local authorities,

(b)particular local authorities, or

(c)particular descriptions of local authority.

(6)The power under subsection (1) or (2) to amend or disapply a statutory provision includes power to amend or disapply a statutory provision for a particular period.

(7)Before making an order under subsection (1), (2), (3) or (4) the Secretary of State must consult—

(a)such local authorities,

(b)such representatives of local government, and

(c)such other persons (if any),

as the Secretary of State considers appropriate.

(8)Before making an order under subsection (1) that has effect in relation to Wales, the Secretary of State must consult the Welsh Ministers.

6Limits on power under section 5(1)

(1)The Secretary of State may not make provision under section 5(1) unless the Secretary of State considers that the conditions in subsection (2), where relevant, are satisfied in relation to that provision.

(2)Those conditions are that—

(a)the effect of the provision is proportionate to the policy objective intended to be secured by the provision;

(b)the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;

(c)the provision does not remove any necessary protection;

(d)the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;

(e)the provision is not of constitutional significance.

(3)An order under section 5(1) may not make provision for the delegation or transfer of any function of legislating.

(4)For the purposes of subsection (3) a “function of legislating” is a function of legislating by order, rules, regulations or other subordinate instrument.

(5)An order under section 5(1) may not make provision to abolish or vary any tax.

7Procedure for orders under section 5

(1)If, as a result of any consultation required by section 5(7) and (8) with respect to a proposed order under section 5(1), it appears to the Secretary of State that it is appropriate to change the whole or any part of the Secretary of State’s proposals, the Secretary of State must undertake such further consultation with respect to the changes as the Secretary of State considers appropriate.

(2)If, after the conclusion of the consultation required by section 5(7) and (8) and subsection (1), the Secretary of State considers it appropriate to proceed with the making of an order under section 5(1), the Secretary of State must lay before Parliament—

(a)a draft of the order, and

(b)an explanatory document explaining the proposals and giving details of—

(i)the Secretary of State’s reasons for considering that the conditions in section 6(2), where relevant, are satisfied in relation to the proposals,

(ii)any consultation undertaken under section 5(7) and (8) and subsection (1),

(iii)any representations received as a result of the consultation, and

(iv)the changes (if any) made as a result of those representations.

(3)Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 (choosing between negative, affirmative and super-affirmative parliamentary procedure) are to apply in relation to an explanatory document and draft order laid under subsection (2) but as if—

(a)section 18(11) of that Act were omitted,

(b)references to section 14 of that Act were references to subsection (2), and

(c)references to the Minister were references to the Secretary of State.

(4)Provision under section 5(2) may be included in a draft order laid under subsection (2) and, if it is, the explanatory document laid with the draft order must also explain the proposals under section 5(2) and give details of any consultation undertaken under section 5(7) with respect to those proposals.

(5)Section 5(7) does not apply to an order under section 5(3) or (4) which is made only for the purpose of amending an earlier such order—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.

8Interpretation of Chapter

(1)In this Chapter—

  • “the general power” means the power conferred by section 1(1);

  • “local authority” means—

    (a)

    a county council in England,

    (b)

    a district council,

    (c)

    a London borough council,

    (d)

    the Common Council of the City of London in its capacity as a local authority,

    (e)

    the Council of the Isles of Scilly, or

    (f)

    an eligible parish council;

  • “statutory provision” means a provision of an Act or of an instrument made under an Act.

(2)A parish council is “eligible” for the purposes of this Chapter if the council meets the conditions prescribed by the Secretary of State by order for the purposes of this section.

CHAPTER 2Fire and rescue authorities

9General powers of certain fire and rescue authorities

(1)In Part 1 of the Fire and Rescue Services Act 2004 (fire and rescue authorities) after section 5 insert—

5APowers of certain fire and rescue authorities

(1)A relevant fire and rescue authority may do—

(a)anything it considers appropriate for the purposes of the carrying-out of any of its functions (its “functional purposes”),

(b)anything it considers appropriate for purposes incidental to its functional purposes,

(c)anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes,

(d)anything it considers to be connected with—

(i)any of its functions, or

(ii)anything it may do under paragraph (a), (b) or (c), and

(e)for a commercial purpose anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

(2)A relevant fire and rescue authority’s power under subsection (1) is in addition to, and is not limited by, the other powers of the authority.

(3)In this section “relevant fire and rescue authority” means a fire and rescue authority that is—

(a)a metropolitan county fire and rescue authority,

(b)the London Fire and Emergency Planning Authority,

(c)constituted by a scheme under section 2, or

(d)constituted by a scheme to which section 4 applies.

5BBoundaries of power under section 5A

(1)Section 5A(1) does not enable a relevant fire and rescue authority to do—

(a)anything which the authority is unable to do by virtue of a pre-commencement limitation, or

(b)anything which the authority is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i)to its power under section 5A(1),

(ii)to all of the authority’s powers, or

(iii)to all of the authority’s powers but with exceptions that do not include its power under section 5A(1).

(2)If exercise of a pre-commencement power of a relevant fire and rescue authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on the authority by section 5A(1) so far as it is overlapped by the pre-commencement power.

(3)Where under section 5A(1) a relevant fire and rescue 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, or

(b)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.

(4)Section 5A(1) does not authorise a relevant fire and rescue authority to do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person.

(5)Section 5A(1) does not authorise a relevant fire and rescue authority to borrow money.

(6)Section 5A(1)(a) to (d) do not authorise a relevant fire and rescue authority to charge a person for any action taken by the authority (but see section 18A).

(7)Section 18B(1) to (8) apply in relation to charging for things done for a commercial purpose in exercise of power conferred by section 5A(1)(e) as they apply in relation to charging under section 18A(1).

(8)In this section—

  • “Act” (except in a reference to the Localism Act 2011) includes an Act, or Measure, of the National Assembly for Wales;

  • “passed” in relation to an Act, or Measure, of the National Assembly for Wales means enacted;

  • “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

    (a)

    is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or

    (b)

    is contained in an instrument made under an Act and comes into force on or after the commencement of section 9(1) of that Act;

  • “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

    (a)

    is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

    (b)

    is contained in an instrument made under an Act and comes into force before the commencement of section 9(1) of that Act;

  • “pre-commencement power” means power conferred by a statutory provision that—

    (a)

    is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

    (b)

    is contained in an instrument made under an Act and comes into force before the commencement of section 9(1) of that Act;

  • “relevant fire and rescue authority” has meaning given by section 5A(3);

  • “statutory provision” means a provision of an Act or of an instrument made under an Act.

5CPower to make provision supplemental to section 5A

(1)If the appropriate national authority thinks that a statutory provision (whenever passed or made) prevents or restricts relevant fire and rescue authorities from exercising power conferred by section 5A(1), the appropriate national authority may by order amend, repeal, revoke or disapply that provision.

(2)If the appropriate national authority thinks that the power conferred by section 5A(1) is overlapped (to any extent) by another power then, for the purpose of removing or reducing that overlap, the appropriate national authority may by order amend, repeal, revoke or disapply any statutory provision (whenever passed or made).

(3)The appropriate national authority may by order make provision preventing relevant fire and rescue authorities from doing under section 5A(1) anything which is specified, or is of a description specified, in the order.

(4)The appropriate national authority may by order provide for the exercise by relevant fire and rescue authorities of power conferred by section 5A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(5)The power under subsection (1), (2), (3) or (4) may be exercised in relation to—

(a)all relevant fire and rescue authorities,

(b)particular relevant fire and rescue authorities, or

(c)particular descriptions of relevant fire and rescue authorities.

(6)Before making an order under subsection (1), (2), (3) or (4) the appropriate national authority proposing to make the order must consult—

(a)such relevant fire and rescue authorities,

(b)such representatives of relevant fire and rescue authorities, and

(c)such other persons (if any),

as that appropriate national authority considers appropriate.

(7)Subsection (6) does not apply to an order under subsection (3) or (4) which is made only for the purpose of amending an earlier such order—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.

(8)The appropriate national authority’s power under subsection (1) or (2) is exercisable by the Welsh Ministers so far as it is power to make provision that—

(a)would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly, and

(b)does not relate to a fire and rescue authority for an area in England.

(9)The appropriate national authority’s power under subsection (1) or (2) is exercisable by the Secretary of State so far as it is not exercisable by the Welsh Ministers.

(10)The appropriate national authority’s power under subsection (3) or (4) is exercisable—

(a)in relation to England by the Secretary of State, and

(b)in relation to Wales by the Welsh Ministers.

(11)In exercising power under subsection (1) or (2), the Secretary of State may make provision which has effect in relation to Wales only after having consulted the Welsh Ministers.

(12)The Welsh Ministers may submit to the Secretary of State proposals that power of the Secretary of State under subsection (1) or (2) in relation to Wales should be exercised in accordance with the proposals.

(13)In subsections (1) and (2) “statutory provision” means a provision of—

(a)an Act, or

(b)an instrument made under an Act,

and in this subsection “Act” includes an Act, or Measure, of the National Assembly for Wales.

(14)In this section “relevant fire and rescue authority” has the meaning given by section 5A(3).

5DLimits on power under section 5C(1)

(1)Provision may not be made under section 5C(1) unless the appropriate national authority making the provision considers that the conditions in subsection (2), where relevant, are satisfied in relation to that provision.

(2)Those conditions are that—

(a)the effect of the provision is proportionate to the policy objective intended to be secured by the provision;

(b)the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;

(c)the provision does not remove any necessary protection;

(d)the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;

(e)the provision is not of constitutional significance.

(3)An order under section 5C(1) may not make provision for the delegation or transfer of any function of legislating.

(4)For the purposes of subsection (3) a “function of legislating” is a function of legislating by order, rules, regulations or other subordinate instrument.

(5)An order under section 5C(1) may not make provision to abolish or vary any tax.

5EProcedure for Secretary of State’s orders under section 5C(1) and (2)

(1)If, as a result of any consultation required by section 5C(6) and (11) with respect to a proposed order of the Secretary of State under section 5C(1), it appears to the Secretary of State that it is appropriate to change the whole or any part of the Secretary of State’s proposals, the Secretary of State must undertake such further consultation with respect to the changes as the Secretary of State considers appropriate.

(2)If, after the conclusion of the consultation required by section 5C(6) and (11) and subsection (1), the Secretary of State considers it appropriate to proceed with the making of an order under section 5C(1), the Secretary of State must lay before Parliament—

(a)a draft of the order, and

(b)an explanatory document explaining the proposals and giving details of—

(i)the Secretary of State’s reasons for considering that the conditions in section 5D(2), where relevant, are satisfied in relation to the proposals,

(ii)any consultation undertaken under section 5C(6) and (11) and subsection (1),

(iii)any representations received as a result of the consultation, and

(iv)the changes (if any) made as a result of those representations.

(3)Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 (choosing between negative, affirmative and super-affirmative parliamentary procedure) are to apply in relation to an explanatory document and draft order laid under subsection (2) but as if—

(a)section 18(11) of that Act were omitted,

(b)references to section 14 of that Act were references to subsection (2), and

(c)references to the Minister were references to the Secretary of State.

(4)Provision proposed to be made by the Secretary of State under section 5C(2) may be included in a draft order laid under subsection (2) and, if it is, the explanatory document laid with the draft order must also explain the proposals under section 5C(2) and give details of any consultation undertaken under section 5C(6) and (11) with respect to those proposals.

5FProcedure for Welsh Ministers’ orders under section 5C(1) and (2)

(1)If, as a result of any consultation required by section 5C(6) with respect to a proposed order of the Welsh Ministers under section 5C(1), it appears to the Welsh Ministers that it is appropriate to change the whole or any part of their proposals, they must undertake such further consultation with respect to the changes as they consider appropriate.

(2)If, after the conclusion of the consultation required by section 5C(6) and subsection (1), the Welsh Ministers consider it appropriate to proceed with the making of an order under section 5C(1), they must lay before the National Assembly for Wales—

(a)a draft of the order, and

(b)an explanatory document explaining the proposals and giving details of—

(i)the Welsh Ministers’ reasons for considering that the conditions in section 5D(2), where relevant, are satisfied in relation to the proposals,

(ii)any consultation undertaken under section 5C(6) and subsection (1),

(iii)any representations received as a result of the consultation, and

(iv)the changes (if any) made as a result of those representations.

(3)Provision proposed to be made by the Welsh Ministers under section 5C(2) may be included in a draft order laid under subsection (2) and, if it is, the explanatory document laid with the draft order must also explain the proposals under section 5C(2) and give details of any consultation undertaken under section 5C(6) with respect to those proposals.

5GDetermining Assembly procedures for drafts laid under section 5F(2)

(1)The explanatory document laid with a draft order under section 5F(2) must contain a recommendation by the Welsh Ministers as to which of the following should apply in relation to the making of an order pursuant to the draft order—

(a)the negative resolution procedure (see section 5H),

(b)the affirmative resolution procedure (see section 5J), or

(c)the super-affirmative resolution procedure (see section 5K).

(2)The explanatory document must give reasons for the Welsh Ministers’ recommendation.

(3)Where the Welsh Ministers’ recommendation is that the negative resolution procedure should apply, that procedure applies unless, within the 30-day period—

(a)the National Assembly for Wales requires the application of the super-affirmative resolution procedure, in which case that procedure applies, or

(b)in a case not within paragraph (a), the Assembly requires the application of the affirmative resolution procedure, in which case that procedure applies.

(4)Where the Welsh Ministers’ recommendation is that the affirmative resolution procedure should apply, that procedure applies unless, within the 30-day period, the National Assembly for Wales requires the application of the super-affirmative resolution procedure, in which case the super-affirmative resolution procedure applies.

(5)Where the Welsh Ministers’ recommendation is that the super-affirmative resolution procedure should apply, that procedure applies.

(6)For the purposes of this section, the National Assembly for Wales is to be taken to have required the application of a procedure within the 30-day period if—

(a)the Assembly resolves within that period that that procedure is to apply, or

(b)in a case not within paragraph (a), a committee of the Assembly charged with reporting on the draft order has recommended within that period that that procedure should apply and the Assembly has not by resolution rejected that recommendation within that period.

(7)In this section “the 30-day period” means the 30 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2).

5HNegative resolution procedure for draft laid under section 5F(2)

(1)For the purposes of this Part, “the negative resolution procedure” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows.

(2)The Welsh Ministers may make an order in the terms of the draft order subject to the following provisions of this section.

(3)The Welsh Ministers may not make an order in the terms of the draft order if the National Assembly for Wales so resolves within the 40-day period.

(4)A committee of the National Assembly for Wales charged with reporting on the draft order may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend under this subsection that the Welsh Ministers not make an order in the terms of the draft order.

(5)Where a committee of the National Assembly for Wales makes a recommendation under subsection (4) in relation to a draft order, the Welsh Ministers may not make an order in the terms of the draft order unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.

(6)For the purposes of this section an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

(7)In this section—

  • “the 30-day period” has the meaning given by section 5G(7), and

  • “the 40-day period” means the 40 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2).

(8)For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (4) by a committee of the National Assembly for Wales but the recommendation is rejected by the Assembly under subsection (5), no account is to be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.

5JAffirmative resolution procedure for draft laid under section 5F(2)

(1)For the purposes of this Part, “the affirmative resolution procedure” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows.

(2)If after the expiry of the 40-day period the draft order is approved by a resolution of the National Assembly for Wales, the Welsh Ministers may make an order in the terms of the draft.

(3)However, a committee of the National Assembly for Wales charged with reporting on the draft order may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend under this subsection that no further proceedings be taken in relation to the draft order.

(4)Where a committee of the National Assembly for Wales makes a recommendation under subsection (3) in relation to a draft order, no proceedings may be taken in relation to the draft order in the Assembly under subsection (2) unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.

(5)For the purposes of subsection (2) an order is made in the terms of a draft order if the order contains no material changes to the provisions of the draft order.

(6)In this section—

  • “the 30-day period” has the meaning given by section 5G(7), and

  • “the 40-day period” has the meaning given by section 5H(7).

(7)For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (3) by a committee of the National Assembly for Wales but the recommendation is rejected by the Assembly under subsection (4), no account is to be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.

5KSuper-affirmative resolution procedure for draft laid under section 5F(2)

(1)For the purposes of this Part, “the super-affirmative resolution procedure” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows.

(2)The Welsh Ministers must have regard to—

(a)any representations,

(b)any resolution of the National Assembly for Wales, and

(c)any recommendation of a committee of the Assembly charged with reporting on the draft order,

made during the 60-day period in relation to the draft order.

(3)If, after the expiry of the 60-day period, the Welsh Ministers want to make an order in the terms of the draft order, they must lay before the National Assembly for Wales a statement—

(a)stating whether any representations were made under subsection (2)(a), and

(b)if any representations were so made, giving details of them.

(4)The Welsh Ministers may after the laying of such a statement make an order in the terms of the draft order if it is approved by a resolution of the National Assembly for Wales.

(5)However, a committee of the National Assembly for Wales charged with reporting on the draft order may, at any time after the laying of a statement under subsection (3) and before the draft order is approved by the Assembly under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft order.

(6)Where a committee of the National Assembly for Wales makes a recommendation under subsection (5) in relation to a draft order, no proceedings may be taken in relation to the draft order in the Assembly under subsection (4) unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.

(7)If, after the expiry of the 60-day period, the Welsh Ministers wish to make an order consisting of a version of the draft order with material changes, they must lay before the National Assembly for Wales—

(a)a revised draft order, and

(b)a statement giving details of—

(i)any representations made under subsection (2)(a), and

(ii)the revisions proposed.

(8)The Welsh Ministers may after laying a revised draft order and statement under subsection (7) make an order in the terms of the revised draft order if it is approved by a resolution of the National Assembly for Wales.

(9)However, a committee of the National Assembly for Wales charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (7) and before it is approved by the Assembly under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.

(10)Where a committee of the National Assembly for Wales makes a recommendation under subsection (9) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in the Assembly under subsection (8) unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.

(11)For the purposes of subsections (4) and (8) an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

(12)In this section “the 60-day period” means the 60 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2).

5LCalculation of time periods

In calculating any period of days for the purposes of sections 5G to 5K, no account is to be taken of any time during which the National Assembly for Wales is dissolved or during which the Assembly is in recess for more than four days.

(2)Omit section 5 of the Fire and Rescue Services Act 2004 (power of combined fire and rescue authorities corresponding to the power under section 111 of the Local Government Act 1972).

(3)In section 60(1) of the Fire and Rescue Services Act 2004 (meaning of “subordinate legislation”) for “by the Secretary of State under this Act” substitute “under this Act by the Secretary of State or the Welsh Ministers”.

(4)In section 60(4) of the Fire and Rescue Services Act 2004 (orders and regulations subject to affirmative procedure) for “subordinate legislation which amends or repeals any Act or provision of an Act may” substitute

(a)an order made by the Secretary of State under section 5C(3), other than one that is made only for the purpose mentioned in section 5C(7)(b),

(b)an order made by the Secretary of State under section 5C(4), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose,

(c)an order made by the Secretary of State under section 5C(2) that—

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

(ii)is not made in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 5E(3), or

(d)subordinate legislation made by the Secretary of State, other than an order under section 5C, that amends or repeals any Act or provision of an Act,

may.

(5)In section 60(5) of the Fire and Rescue Services Act 2004 (orders and regulations subject to negative procedure) for “legislation, apart from an order under section 30 or 61, is” substitute legislation made by the Secretary of State, apart from—

(1)(a)an order under section 5C(1),

(b)an order under section 5C(2) that is made in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 5E(3), or

(c)an order under section 30 or 61,

is.

(6)In section 60 of the Fire and Rescue Services Act 2004 (orders and regulations) after subsection (5) insert—

(6)A statutory instrument containing (alone or with other provisions)—

(a)an order made by the Welsh Ministers under section 5C(3), other than one that it is made only for the purpose mentioned in section 5C(7)(b),

(b)an order made by the Welsh Ministers under section 5C(4), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose,

(c)an order made by the Welsh Ministers under section 5C(2) that—

(i)amends any Act or provision of an Act or amends any Act, or Measure, of the National Assembly for Wales or provision of such an Act or Measure, and

(ii)is not made in accordance with sections 5G to 5L, or

(d)subordinate legislation made by the Welsh Ministers, other than an order under section 5C, that amends any Act or provision of an Act,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(7)A statutory instrument containing any other subordinate legislation made by the Welsh Ministers, apart from—

(a)an order under section 5C(1),

(b)an order under section 5C(2) that is made in accordance with sections 5G to 5L, or

(c)an order under section 30 or 61,

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(7)In section 62 of the Fire and Rescue Services Act 2004 (application of Act in Wales)—

(a)in subsection (1)(b) (references to Secretary of State in sections 60 and 61) for “sections 60 and” substitute “section”,

(b)after subsection (1) insert—

(1A)The reference in subsection (1)(a) to Parts 1 to 6 does not include—

(a)sections 5A and 5B,

(b)sections 5C and 5D,

(c)section 5E, and

(d)sections 5F to 5L., and

(c)omit subsection (3) (disapplication of section 60(4) and (5)).

(8)In section 146A of the Local Government Act 1972 (application of provisions to certain joint and other authorities)—

(a)in subsection (1) after “Subject to subsections (1ZA), (1ZB)” insert “, (1ZC)”, and

(b)after subsection (1ZB) insert—

(1ZC)Neither a metropolitan county fire and rescue authority, nor the London Fire and Emergency Planning Authority, is to be treated as a local authority for the purposes of section 111 above (but see section 5A of the Fire and Rescue Services Act 2004).

10Fire and rescue authorities: charging

(1)The Fire and Rescue Services Act 2004 is amended as follows.

(2)After section 18 insert—

18ACharging by authorities

(1)A fire and rescue authority may charge a person for any action taken by the authority—

(a)in the United Kingdom or at sea or under the sea, and

(b)otherwise than for a commercial purpose,

but this is subject to the provisions of this section and section 18B.

(2)Subsection (1) authorises a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by the authority.

(3)Before a fire and rescue authority begins to charge under subsection (1) or section 5A(1)(e) for taking action of a particular description, the authority must consult any persons the authority considers appropriate.

(4)If a fire and rescue authority decides to charge under subsection (1) for taking action of a particular description—

(a)the amount of the charge is to be set by the authority;

(b)the authority may charge different amounts in different circumstances (and may charge nothing).

(5)In setting the amount of a charge under subsection (1), a fire and rescue authority must secure that, taking one financial year with another, the authority’s income from charges does not exceed the cost to the authority of taking the action for which the charges are imposed.

(6)The duty under subsection (5) applies separately in relation to each kind of action.

(7)The references in subsection (1) and section 18B(1) to “sea” are not restricted to the territorial sea of the United Kingdom.

(8)In subsection (5) “financial year” means 12 months ending with 31 March.

18BLimits on charging under section 18A(1)

(1)Section 18A(1) authorises charging for extinguishing fires, or protecting life and property in the event of fires, only in respect of fires which are at sea or under the sea.

(2)Section 18A(1) does not authorise charging for emergency medical assistance.

(3)Section 18A(1) authorises charging for action taken in response to a report of a fire or explosion only if section 18C applies to the report.

(4)Section 18A(1) does not authorise charging for rescuing individuals, or protecting individuals from serious harm, in the event of an emergency.

(5)Section 18A(1) does not authorise charging for action taken in response to—

(a)emergencies resulting from events of widespread significance,

(b)emergencies which have occurred as a direct result of severe weather, or

(c)emergencies resulting from road traffic accidents.

(6)Subject to subsection (7), section 18A(1) does not authorise charging for action taken under section 6.

(7)Subsection (6) does not prevent charging for the giving of advice, other than advice of the kind mentioned in section 6(2)(b), in relation to premises where a trade, business or other undertaking is carried on (whether for profit or not).

(8)Section 18A(1) does not authorise charging for action taken by a fire and rescue authority in its capacity as an enforcing authority for the purposes of the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541).

(9)Nothing in subsections (1) to (8)

(a)applies to charges for providing under section 12 the services of any persons or any equipment,

(b)affects the operation of section 13(3) or 16(3), or

(c)affects any provision for payments to a fire and rescue authority contained in arrangements for co-operation made between that authority and—

(i)a public authority that is not a fire and rescue authority, or

(ii)any person, other than a public authority, who exercises public functions.

(10)The Secretary of State in relation to fire and rescue authorities in England, and the Welsh Ministers in relation to fire and rescue authorities in Wales, may by order disapply subsection 18A(1) in relation to actions of a particular kind.

(11)The power under subsection (10) includes power to disapply for a particular period.

18CCases where a charge may be made for responding to report of fire etc

(1)This section applies for the purposes of section 18B(3).

(2)This section applies to a report of fire, or explosion, at sea or under the sea.

(3)This section applies to a report of fire if—

(a)the report is of fire at premises that are not domestic premises,

(b)the report is false,

(c)the report is made as a direct or indirect result of warning equipment having malfunctioned or been misinstalled, and

(d)there is a persistent problem with false reports of fire at the premises that are made as a direct or indirect result of warning equipment under common control having malfunctioned or been misinstalled.

(4)The references in subsection (2) to “sea” are not restricted to the territorial sea of the United Kingdom.

(5)In subsection (3)—

  • “domestic premises” means premises occupied as a private dwelling (including any garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling);

  • “warning equipment” means equipment installed for the purpose of—

    (a)

    detecting fire, or

    (b)

    raising the alarm, or enabling the alarm to be raised, in the event of fire.

(3)Omit section 19 (charging).

(4)In section 62 (application of Act in Wales) before subsection (2) insert—

(1B)The reference in subsection (1)(a) to Parts 1 to 6 does not include sections 18A to 18C.

(5)Where immediately before the coming into force of subsections (1) to (3) in relation to England or Wales an order under section 19(1) of the Fire and Rescue Services Act 2004 authorises a fire and rescue authority in England or (as the case may be) Wales to charge for action of a specified description taken by the authority, section 18A(3) of that Act does not apply in relation to action of that description.

CHAPTER 3Other authorities

11Integrated Transport Authorities

In Part 5 of the Local Transport Act 2008 (integrated transport authorities etc) after section 102A insert—

CHAPTER 4General powers
102BPowers of Integrated Transport Authorities

(1)An ITA may do—

(a)anything the ITA considers appropriate for the purposes of the carrying-out of any of the ITA’s functions (the ITA’s “functional purposes”),

(b)anything the ITA considers appropriate for purposes incidental to the ITA’s functional purposes,

(c)anything the ITA considers appropriate for purposes indirectly incidental to the ITA’s functional purposes through any number of removes,

(d)anything the ITA considers to be connected with—

(i)any of the ITA’s functions, or

(ii)anything the ITA may do under paragraph (a), (b) or (c), and

(e)for a commercial purpose anything which the ITA may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

(2)Where subsection (1) confers power on an ITA to do something, it confers power (subject to section 102C) to do it anywhere in the United Kingdom or elsewhere.

(3)An ITA’s power under subsection (1) is in addition to, and is not limited by, the other powers of the ITA.

(4)Subsection (5) applies if there is, in relation to an ITA—

(a)a Passenger Transport Executive established under section 9 of the TA 1968 for the integrated transport area of the ITA, or

(b)an executive body established by virtue of section 79(1)(a) or 84(2)(d).

(5)The ITA may delegate to the Executive or body the ITA’s function of taking action under subsection (1) (but not the function of determining what action to take).

102CBoundaries of power under section 102B

(1)Section 102B(1) does not enable an ITA to do—

(a)anything which the ITA is unable to do by virtue of a pre-commencement limitation, or

(b)anything which the ITA is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i)to the ITA’s power under section 102B(1),

(ii)to all of the ITA’s powers, or

(iii)to all of the ITA’s powers but with exceptions that do not include the ITA’s power under section 102B(1).

(2)If exercise of a pre-commencement power of an ITA is subject to restrictions, those restrictions apply also to exercise of the power conferred on the ITA by section 102B(1) so far as it is overlapped by the pre-commencement power.

(3)Section 102B(1) does not authorise an ITA to borrow money.

(4)Section 102B(1)(a) to (d) do not authorise an ITA to charge a person for anything done by the ITA otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of ITAs and other best value authorities to charge for discretionary services)).

(5)Section 102B(1)(e) does not authorise an ITA to do things for a commercial purpose in relation to a person if a statutory provision requires the ITA to do those things in relation to the person.

(6)Where under section 102B(1)(e) an ITA 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, or

(b)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.

(7)In this section—

  • “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

    (a)

    is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or

    (b)

    is contained in an instrument made under an Act and comes into force on or after the commencement of section 11 of that Act;

  • “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

    (a)

    is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

    (b)

    is contained in an instrument made under an Act and comes into force before the commencement of section 11 of that Act;

  • “pre-commencement power” means power conferred by a statutory provision that—

    (a)

    is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

    (b)

    is contained in an instrument made under an Act and comes into force before the commencement of section 11 of that Act;

  • “statutory provision” means a provision of an Act or of an instrument made under an Act.

102DPower to make provision supplemental to section 102B

(1)The Secretary of State may by order made by statutory instrument make provision preventing ITAs from doing under section 102B(1) anything which is specified, or is of a description specified, in the order.

(2)The Secretary of State may by order made by statutory instrument provide for the exercise by ITAs of power conferred by section 102B(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(3)The power under subsection (1) or (2) may be exercised in relation to—

(a)all ITAs,

(b)particular ITAs, or

(c)particular descriptions of ITAs.

(4)Before making an order under subsection (1) or (2) the Secretary of State must consult—

(a)such representatives of ITAs,

(b)such representatives of local government, and

(c)such other persons (if any),

as the Secretary of State considers appropriate.

(5)Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular ITA or to ITAs of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular ITA or to ITAs of a particular description.

(6)Power to make an order under this section 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.

(7)The Secretary of State may not make an order to which subsection (8) applies unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(8)This subsection applies to—

(a)an order under subsection (1), other than one that is made only for the purpose mentioned in subsection (5)(b);

(b)an order under subsection (2), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose.

(9)A statutory instrument that—

(a)contains an order made under this section, and

(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,

is subject to annulment in pursuance of a resolution of either House of Parliament.

12Passenger Transport Executives

(1)In Part 2 of the Transport Act 1968 (integrated transport authorities etc) after section 10 insert—

10AFurther powers of Executives

(1)The Executive of an integrated transport area in England may do—

(a)anything the Executive considers appropriate for the purposes of the carrying-out of any of the Executive’s functions (the Executive’s “functional purposes”),

(b)anything the Executive considers appropriate for purposes incidental to the Executive’s functional purposes,

(c)anything the Executive considers appropriate for purposes indirectly incidental to the Executive’s functional purposes through any number of removes,

(d)anything the Executive considers to be connected with—

(i)any of the Executive’s functions, or

(ii)anything the Executive may do under paragraph (a), (b) or (c), and

(e)for a commercial purpose anything which the Executive may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

(2)Where subsection (1) confers power on the Executive to do something, it confers power (subject to section 10B) to do it anywhere in the United Kingdom or elsewhere.

(3)The Executive’s power under subsection (1) is in addition to, and is not limited by, the other powers of the Executive.

10BBoundaries of power under section 10A

(1)Section 10A(1) does not enable the Executive to do—

(a)anything which the Executive is unable to do by virtue of a pre-commencement limitation, or

(b)anything which the Executive is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i)to the Executive’s power under section 10A(1),

(ii)to all of the Executive’s powers, or

(iii)to all of the Executive’s powers but with exceptions that do not include the Executive’s power under section 10A(1).

(2)If exercise of a pre-commencement power of the Executive is subject to restrictions, those restrictions apply also to exercise of the power conferred on the Executive by section 10A(1) so far as it is overlapped by the pre-commencement power.

(3)Section 10A(1) does not authorise the Executive to borrow money.

(4)Section 10A(1)(a) to (d) do not authorise the Executive to charge a person for anything done by the Executive otherwise than for a commercial purpose, but this does not limit any power to charge that the Executive has otherwise than under section 10A(1)(a) to (d).

(5)Section 10A(1)(e) does not authorise the Executive to do things for a commercial purpose in relation to a person if a statutory provision requires the Executive to do those things in relation to the person.

(6)Where under section 10A(1)(e) the Executive 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, or

(b)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.

(7)In this section—

  • “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

    (a)

    is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or

    (b)

    is contained in an instrument made under an Act and comes into force on or after the commencement of section 12(1) of that Act;

  • “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

    (a)

    is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

    (b)

    is contained in an instrument made under an Act and comes into force before the commencement of section 12(1) of that Act;

  • “pre-commencement power” means power conferred by a statutory provision that—

    (a)

    is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

    (b)

    is contained in an instrument made under an Act and comes into force before the commencement of section 12(1) of that Act;

  • “statutory provision” means a provision of an Act or of an instrument made under an Act.

10CPower to make provision supplemental to section 10A

(1)The Secretary of State may by order make provision preventing the Executive from doing under section 10A(1) anything which is specified, or is of a description specified, in the order.

(2)The Secretary of State may by order provide for the exercise by the Executive of power conferred by section 10A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(3)The power under subsection (1) or (2) may be exercised in relation to—

(a)all Executives,

(b)particular Executives, or

(c)particular descriptions of Executives.

(4)Before making an order under subsection (1) or (2) the Secretary of State must consult—

(a)such representatives of Executives,

(b)such representatives of local government, and

(c)such other persons (if any),

as the Secretary of State considers appropriate.

(5)Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular Executive or to Executives of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular Executive or to Executives of a particular description.

(6)Power to make an order under this section 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.

(7)A statutory instrument containing an order to which subsection (8) applies (whether alone or with other provisions) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(8)This subsection applies to—

(a)an order under subsection (1), other than one that is made only for the purpose mentioned in subsection (5)(b);

(b)an order under subsection (2), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose.

(9)A statutory instrument that—

(a)contains an order made under this section, and

(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,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(2)In section 10(1) of the Transport Act 1968 (powers of a Passenger Transport Executive)—

(a)in paragraph (xxvii) (power to invest sums not immediately needed) for “any sums which are not immediately required by them for the purposes of their business” substitute “their money”, and

(b)in paragraph (xxviii) (power to turn unneeded resources to account) omit “so far as not required for the purposes of their business”.

(3)In section 22 of the Transport Act 1968 (orders under Part 2 of that Act to be subject to annulment) after subsection (2) insert—

(2A)Subsections (1) and (2) of this section do not apply in relation to orders under section 10C of this Act (but see subsections (7) to (9) of that section).

(4)In section 93(9) of the Local Government Act 2003 (authorities with power under section 93 to charge for discretionary services) before paragraph (b) insert—

(ab)the Passenger Transport Executive of an integrated transport area in England;.

(5)In section 95(7) of the Local Government Act 2003 (power to authorise certain authorities to do for commercial purposes things that they can do for non-commercial purposes) in the definition of “relevant authority” before paragraph (b) insert—

(ab)the Passenger Transport Executive of an integrated transport area in England;.

13Economic prosperity boards and combined authorities

(1)In Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (economic prosperity boards and combined authorities) after section 113 insert—

General powers of EPBs and combined authorities
113AGeneral power of EPB or combined authority

(1)An EPB or combined authority may do—

(a)anything it considers appropriate for the purposes of the carrying-out of any of its functions (its “functional purposes”),

(b)anything it considers appropriate for purposes incidental to its functional purposes,

(c)anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes,

(d)anything it considers to be connected with—

(i)any of its functions, or

(ii)anything it may do under paragraph (a), (b) or (c), and

(e)for a commercial purpose anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

(2)Where subsection (1) confers power on an EPB or combined authority to do something, it confers power (subject to section 113B) to do it anywhere in the United Kingdom or elsewhere.

(3)Power conferred on an EPB or combined authority by subsection (1) is in addition to, and is not limited by, its other powers.

113BBoundaries 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, or

(b)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.

(7)In this section—

  • “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

    (a)

    is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or

    (b)

    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—

    (a)

    is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

    (b)

    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—

    (a)

    is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

    (b)

    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.

113CPower to make provision supplemental to section 113A

(1)The Secretary of State may by order make provision preventing EPBs or combined authorities from doing under section 113A(1) anything which is specified, or is of a description specified, in the order.

(2)The Secretary of State may by order provide for the exercise by EPBs or combined authorities of power conferred by section 113A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(3)The power under subsection (1) or (2) may be exercised in relation to—

(a)all EPBs,

(b)all combined authorities,

(c)particular EPBs,

(d)particular combined authorities,

(e)particular descriptions of EPBs, or

(f)particular descriptions of combined authorities.

(4)Before making an order under subsection (1) or (2) the Secretary of State must consult—

(a)such representatives of EPBs or combined authorities,

(b)such representatives of local government, and

(c)such other persons (if any),

as the Secretary of State considers appropriate.

(5)Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular EPB or combined authority or to EPBs or combined authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular EPB or combined authority or to EPBs or combined authorities of a particular description.

(6)Power to make an order under this section 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.

(2)For section 117(2) and (3) of the Local Democracy, Economic Development and Construction Act 2009 (affirmative procedure applies to orders under Part 6 other than certain orders under section 116) substitute—

(2)An order to which subsection (2A) applies may not be made unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(2A)This subsection applies to an order under this Part other than—

(a)an order under section 113C(1) that is made only for the purpose mentioned in section 113C(5)(b),

(b)an order under section 113C(2) that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose, or

(c)an order under section 116 that amends or revokes provision contained in an instrument subject to annulment by resolution of either House of Parliament.

(3)A statutory instrument that—

(a)contains an order under this Part, and

(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,

is subject to annulment by resolution of either House of Parliament.

14Further amendments

(1)In section 146A of the Local Government Act 1972 (application of provisions to certain joint and other authorities)—

(a)in subsection (1) for “or (1A)” substitute “, (1ZD) or (1ZE)”, and

(b)after subsection (1ZC) (which is inserted by section 9 of this Act) insert—

(1ZD)An Integrated Transport Authority is not to be treated as a local authority for the purposes of section 111 above (but see section 102B of the Local Transport Act 2008).

(1ZE)Neither an economic prosperity board, nor a combined authority, is to be treated as a local authority for the purposes of section 111 above (but see section 113A of the Local Democracy, Economic Development and Construction Act 2009).

(2)In section 93(7) of the Local Government Act 2003 (provisions that do not count as prohibitions on charging for the purposes of section 93(2)(b)) after paragraph (c) insert—

(d)section 100(2) of the Local Transport Act 2008 (well-being powers of Integrated Transport Authorities and combined authorities),

(e)section 102C(4) of that Act (Integrated Transport Authorities),

(f)section 10B(4) of the Transport Act 1968 (Passenger Transport Executives), and

(g)section 113B(4) of the Local Democracy, Economic Development and Construction Act 2009 (economic prosperity boards and combined authorities).

CHAPTER 4Transfer and delegation of functions to certain authorities

15Power to transfer local public functions to permitted authorities

(1)The Secretary of State may by order make provision—

(a)transferring a local public function from the public authority whose function it is to a permitted authority;

(b)about the discharge of local public functions that are transferred to permitted authorities under this section (including provision enabling the discharge of those functions to be delegated).

(2)An order under this section may modify any enactment (whenever passed or made) for the purpose of making the provision mentioned in subsection (1).

(3)The power to modify an enactment in subsection (2) is a power—

(a)to apply that enactment with or without modifications,

(b)to extend, disapply or amend that enactment, or

(c)to repeal or revoke that enactment with or without savings.

(4)An order under this section may disapply, or modify the application of, Chapter 4 of Part 1A of the Local Government Act 2000 (changing local authority governance arrangements) in relation to a county council or district council to which the order transfers a local public function.

(5)The Secretary of State may not make an order under this section unless the Secretary of State considers that it is likely that making the order would—

(a)promote economic development or wealth creation, or

(b)increase local accountability in relation to each local public function transferred by the order.

(6)For the purposes of subsection (5)(b), in relation to a local public function, local accountability is increased if the exercise of the function becomes more accountable to persons living or working in the area of the permitted authority to which it is transferred.

(7)The Secretary of State may not make an order under this section unless the Secretary of State considers that the local public function transferred by the order can appropriately be exercised by the permitted authority to which it is transferred.

(8)The Secretary of State may not make an order under this section transferring a local public function to a permitted authority unless the authority has consented to the transfer.

(9)Before making an order under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

16Delegation of functions by Ministers to permitted authorities

(1)A Minister of the Crown may, to such extent and subject to such conditions as that Minister thinks fit, delegate to a permitted authority any of the Minister’s eligible functions.

(2)A function is eligible for the purposes of subsection (1) 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 Minister of the Crown considers that it can appropriately be exercised by the permitted authority.

(3)No delegation under subsection (1), and no variation of a delegation under that subsection, may be made without the agreement of the permitted authority.

(4)Before delegating a function under subsection (1), the Minister of the Crown must consult such persons as the Minister considers appropriate.

(5)A delegation under subsection (1) may be revoked at any time by any Minister of the Crown.

17Transfer schemes

(1)The Secretary of State may make a scheme for the transfer of property, rights or liabilities from the person who, or body which, would have a local public function but for an order under section 15 to the permitted authority to which the function is transferred.

(2)A Minister of the Crown may make a scheme for the transfer from the Crown to a permitted authority of such property, rights or liabilities as the Minister of the Crown considers appropriate in consequence of a delegation, or the variation of a delegation, under section 16 of a function of any Minister of the Crown to the permitted authority.

(3)A Minister of the Crown may make a scheme for the transfer from a permitted authority to the Crown of such property, rights or liabilities as the Minister of the Crown considers appropriate in consequence of a variation or revocation of a delegation under section 16 of a function of any Minister of the Crown to the permitted authority.

(4)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, or rights or liabilities arising, after the making of the order.

(5)A transfer scheme may make consequential, supplementary, incidental and transitional provision and may in particular make provision—

(a)for a certificate issued by a Minister of the Crown to be conclusive evidence that property has been transferred;

(b)creating rights, or imposing liabilities, in relation to property or rights transferred;

(c)about the continuing effect of things done by or in relation to the transferor in respect of anything transferred;

(d)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)for references to the transferor in an instrument or other document relating to anything transferred to be treated as references to the transferee;

(f)for the shared ownership or use of property;

(g)that has the same or similar effect as the TUPE regulations (so far as those regulations do not apply in relation to the transfer).

(6)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.

(7)For the purposes of this section—

(a)an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

(b)the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of the contract of employment.

(8)In this section—

  • “civil service” means the civil service of the State;

  • “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;

  • “transfer scheme” means a scheme for the transfer of property, rights or liabilities under subsection (1), (2) or (3);

  • “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);

  • references to rights and liabilities include rights and liabilities relating to a contract of employment;

  • references to the transfer of property include the grant of a lease.

18Duty to consider proposals for exercise of powers under sections 15 and 17

(1)If the Secretary of State receives a relevant proposal from a permitted authority, the Secretary of State must—

(a)consider the proposal, and

(b)notify the permitted authority of what action, if any, the Secretary of State will take in relation to the proposal.

(2)The Secretary of State may by regulations specify criteria to which the Secretary of State must have regard in considering a relevant proposal.

(3)For the purposes of this section, a “relevant proposal” is a proposal—

(a)for the exercise of the Secretary of State’s powers in sections 15 and 17 in relation to the permitted authority, and

(b)that is accompanied by such information and evidence as the Secretary of State may specify by regulations.

(4)Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

19Orders under section 15: procedure

(1)Before making an order under section 15, the Secretary of State must lay a draft of the instrument containing the order (the “draft order”) before each House of Parliament.

(2)The Secretary of State must have regard to—

(a)any representations,

(b)any resolution of either House of Parliament, and

(c)any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(3)If, after the expiry of the 60-day period, the Secretary of State wishes to make an order in the terms of the draft order, the Secretary of State must lay before Parliament a statement—

(a)stating whether any representations were made under subsection (2)(a), and

(b)if any representations were so made, giving details of them.

(4)The Secretary of State may after the laying of such a statement make an order in the terms of the draft order if it is approved by a resolution of each House of Parliament.

(5)However, a committee of either House charged with reporting on the draft order may, at any time after the laying of the statement under subsection (3) and before the draft order is approved by that House under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft order.

(6)Where a recommendation is made by a committee of either House under subsection (5) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (4) unless the recommendation is, in the same Session, rejected by a resolution of that House.

(7)If, after the expiry of the 60-day period, the Secretary of State wishes to make an order consisting of a version of the draft order with material changes, the Secretary of State must lay before Parliament—

(a)a revised draft order, and

(b)a statement giving details of—

(i)any representations made under subsection (2)(a), and

(ii)the revisions proposed.

(8)The Secretary of State may after laying a revised draft order and statement under subsection (7) make an order in the terms of the revised draft order if it is approved by a resolution of each House of Parliament.

(9)However, a committee of either House charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (7) and before it is approved by that House under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.

(10)Where a recommendation is made by a committee of either House under subsection (9) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under subsection (8) unless the recommendation is, in the same Session, rejected by resolution of that House.

(11)For the purposes of subsections (4) and (8) an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

(12)If a draft of an instrument containing an order under section 15 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.

(13)In this section, the “60-day period” means the period of 60 days beginning with the day on which the draft order was laid before Parliament.

(14)In calculating the period mentioned in subsection (13), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.

20Interpretation of Chapter

In this Chapter—

  • “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

  • “local public function”, in relation to a permitted authority, means a public function in so far as it relates to—

    (a)

    the permitted authority’s area, or

    (b)

    persons living, working or carrying on activities in that area;

  • “permitted authority” means—

    (a)

    a county council in England,

    (b)

    a district council,

    (c)

    an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, or

    (d)

    a combined authority established under section 103 of that Act;

  • “public authority” includes a Minister of the Crown or a government department;

  • “public function” means a function of a public authority that does not consist of a power to make regulations or other instruments of a legislative character.

CHAPTER 5Governance

21New arrangements with respect to governance of English local authorities

Schedule 2 (new Part 1A of, including Schedule A1 to, the Local Government Act 2000) has effect.

22New local authority governance arrangements: amendments

Schedule 3 (minor and consequential amendments relating to local authority governance in England) has effect.

23Changes to local authority governance in England: transitional provision etc

(1)The Secretary of State may by order make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of sections 21 and 22 and Schedules 2 and 3.

(2)An order under subsection (1) may, in particular, include any provision—

(a)relating to local authorities—

(i)ceasing to operate executive arrangements or alternative arrangements under Part 2 of the Local Government Act 2000, and

(ii)starting to operate executive arrangements or a committee system under Part 1A of that Act,

(b)as to whether, and how, anything done, or in the process of being done, under any provision of Part 2 of that Act is to be deemed to have been done, or be in the process of being done, under any provision of Part 1A of that Act (whether generally or for specified purposes), or

(c)modifying the application of any provision of Chapter 4 of Part 1A of that Act in relation to a change in governance arrangements by a local authority within a specified period.

(3)The reference in subsection (2)(b) to things done includes a reference to things omitted to be done.

(4)In this section—

  • “change in governance arrangements” has the meaning given by section 9OA of the Local Government Act 2000;

  • “local authority” means a county council in England, a district council or a London borough council;

  • “specified” means specified in an order under this section.

24Timetables for changing English district councils’ electoral schemes

(1)The Local Government and Public Involvement in Health Act 2007 is amended as follows.

(2)Omit the following provisions (which provide that councils may pass resolutions to change their electoral schemes only in certain permitted periods)—

(a)section 33(4), (6) and (7) (district councils changing to whole-council elections),

(b)section 38(4), (6) and (7) (non-metropolitan district councils reverting to elections by halves), and

(c)section 40(4), (6) and (7) (district councils reverting to elections by thirds).

(3)In section 33 (resolution for whole-council elections: requirements) after subsection (3) insert—

(3A)The resolution must specify the year for the first ordinary elections of the council at which all councillors are to be elected.

(3B)In the case of a district council for a district in a county for which there is a county council, the year specified under subsection (3A) may not be a county-council-elections year; and here “county-council-elections year” means 2013 and every fourth year afterwards.

(4)In section 34(2) (years in which whole-council elections to a district council are to be held if scheme under section 34 applies) for paragraphs (a) and (b) substitute—

(a)the year specified under section 33(3A) in the resolution, and

(b)every fourth year afterwards.

(5)In section 34 (scheme for whole-council elections) after subsection (4) insert—

(4A)Ordinary elections of councillors of the council under the previous electoral scheme are to be held in accordance with that scheme in any year that—

(a)is earlier than the year specified under section 33(3A) in the resolution for whole-council elections, and

(b)is a year in which, under the previous electoral scheme, ordinary elections of councillors of the council are due to be held.

(4B)In subsection (4A) “the previous electoral scheme” means the scheme for the ordinary elections of councillors of the council that applied to it immediately before it passed the resolution for whole-council elections.

(6)After section 31 insert—

31AMinimum period between resolutions to change electoral schemes

If a council passes a resolution under section 32, 37 or 39 (“the earlier resolution”) it may not pass another resolution under any of those sections before the end of five years beginning with the day on which the earlier resolution is passed.

(7)In section 57 of the Local Democracy, Economic Development and Construction Act 2009 (requests for review of single-member electoral areas by councils subject to a scheme for whole-council elections) after subsection (4) (meaning of “subject to a scheme for whole-council elections”) insert—

(4A)A district council is also “subject to a scheme for whole-council elections” for those purposes if—

(a)section 34 of the Local Government and Public Involvement in Health Act 2007 (scheme for whole-council elections) applies to the council, but

(b)by virtue of subsection (4A) of that section (temporary continuation of previous electoral scheme), not all the members of the council are to be elected in a year in which ordinary elections of members of the council are to be held.

CHAPTER 6Predetermination

25Prior indications of view of a matter not to amount to predetermination etc

(1)Subsection (2) applies if—

(a)as a result of an allegation of bias or predetermination, or otherwise, there is an issue about the validity of a decision of a relevant authority, and

(b)it is relevant to that issue whether the decision-maker, or any of the decision-makers, had or appeared to have had a closed mind (to any extent) when making the decision.

(2)A decision-maker is not to be taken to have had, or to have appeared to have had, a closed mind when making the decision just because—

(a)the decision-maker had previously done anything that directly or indirectly indicated what view the decision-maker took, or would or might take, in relation to a matter, and

(b)the matter was relevant to the decision.

(3)Subsection (2) applies in relation to a decision-maker only if that decision-maker—

(a)is a member (whether elected or not) of the relevant authority, or

(b)is a co-opted member of that authority.

(4)In this section—

  • “co-opted member”, in relation to a relevant authority, means a person who is not a member of the authority but who—

    (a)

    is a member of any committee or sub-committee of the authority, or

    (b)

    is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,

    and who is entitled to vote on any question which falls to be decided at any meeting of the committee or sub-committee;

  • “decision”, in relation to a relevant authority, means a decision made in discharging functions of the authority, functions of the authority’s executive, functions of a committee of the authority or functions of an officer of the authority (including decisions made in the discharge of any of those functions otherwise than by the person to whom the function was originally given);

  • “elected mayor” has the meaning given by section 9H or 39 of the Local Government Act 2000;

  • “member”—

    (a)

    in relation to the Greater London Authority, means the Mayor of London or a London Assembly member, and

    (b)

    in relation to a county council, district council, county borough council or London borough council, includes an elected mayor of the council;

  • “relevant authority” means—

    (a)

    a county council,

    (b)

    a district council,

    (c)

    a county borough council,

    (d)

    a London borough council,

    (e)

    the Common Council of the City of London,

    (f)

    the Greater London Authority,

    (g)

    a National Park authority,

    (h)

    the Broads Authority,

    (i)

    the Council of the Isles of Scilly,

    (j)

    a parish council, or

    (k)

    a community council.

(5)This section applies only to decisions made after this section comes into force, but the reference in subsection (2)(a) to anything previously done includes things done before this section comes into force.

CHAPTER 7Standards

26Amendments of existing provisions

Schedule 4 (which amends the existing provisions relating to the conduct of local government members and employees in England and makes related provision) has effect.

27Duty to promote and maintain high standards of conduct

(1)A relevant authority must promote and maintain high standards of conduct by members and co-opted members of the authority.

(2)In discharging its duty under subsection (1), a relevant authority must, in particular, adopt a code dealing with the conduct that is expected of members and co-opted members of the authority when they are acting in that capacity.

(3)A relevant authority that is a parish council—

(a)may comply with subsection (2) by adopting the code adopted under that subsection by its principal authority, where relevant on the basis that references in that code to its principal authority’s register are to its register, and

(b)may for that purpose assume that its principal authority has complied with section 28(1) and (2).

(4)In this Chapter “co-opted member”, in relation to a relevant authority, means a person who is not a member of the authority but who—

(a)is a member of any committee or sub-committee of the authority, or

(b)is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,

and who is entitled to vote on any question that falls to be decided at any meeting of that committee or sub-committee.

(5)A reference in this Chapter to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.

(6)In this Chapter “relevant authority” means—

(a)a county council in England,

(b)a district council,

(c)a London borough council,

(d)a parish council,

(e)the Greater London Authority,

(f)the Metropolitan Police Authority,

(g)the London Fire and Emergency Planning Authority,

(h)the Common Council of the City of London in its capacity as a local authority or police authority,

(i)the Council of the Isles of Scilly,

(j)a fire and rescue authority in England constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,

(k)a police authority (in England or in Wales) established under section 3 of the Police Act 1996,

(l)a joint authority established by Part 4 of the Local Government Act 1985,

(m)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,

(n)a combined authority established under section 103 of that Act,

(o)the Broads Authority, or

(p)a National Park authority in England established under section 63 of the Environment Act 1995.

(7)Any reference in this Chapter to a member of a relevant authority—

(a)in the case of a relevant authority to which Part 1A of the Local Government Act 2000 applies, includes a reference to an elected mayor;

(b)in the case of the Greater London Authority, is a reference to the Mayor of London or a London Assembly member.

(8)Functions that are conferred by this Chapter on a relevant authority to which Part 1A of the Local Government Act 2000 applies are not to be the responsibility of an executive of the authority under executive arrangements.

(9)Functions that are conferred by this Chapter on the Greater London Authority are to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.

(10)In this Chapter except section 35—

(a)a reference to a committee or sub-committee of a relevant authority is, where the relevant authority is the Greater London Authority, a reference to—

(i)a committee or sub-committee of the London Assembly, or

(ii)the standards committee, or a sub-committee of that committee, established under that section,

(b)a reference to a joint committee on which a relevant authority is represented is, where the relevant authority is the Greater London Authority, a reference to a joint committee on which the Authority, the London Assembly or the Mayor of London is represented,

(c)a reference to becoming a member of a relevant authority is, where the relevant authority is the Greater London Authority, a reference to becoming the Mayor of London or a member of the London Assembly, and

(d)a reference to a meeting of a relevant authority is, where the relevant authority is the Greater London Authority, a reference to a meeting of the London Assembly;

and in subsection (4)(b) the reference to representing the relevant authority is, where the relevant authority is the Greater London Authority, a reference to representing the Authority, the London Assembly or the Mayor of London.

28Codes of conduct

(1)A relevant authority must secure that a code adopted by it under section 27(2) (a “code of conduct”) is, when viewed as a whole, consistent with the following principles—

(a)selflessness;

(b)integrity;

(c)objectivity;

(d)accountability;

(e)openness;

(f)honesty;

(g)leadership.

(2)A relevant authority must secure that its code of conduct includes the provision the authority considers appropriate in respect of the registration in its register, and disclosure, of—

(a)pecuniary interests, and

(b)interests other than pecuniary interests.

(3)Sections 29 to 34 do not limit what may be included in a relevant authority’s code of conduct, but nothing in a relevant authority’s code of conduct prejudices the operation of those sections.

(4)A failure to comply with a relevant authority’s code of conduct is not to be dealt with otherwise than in accordance with arrangements made under subsection (6); in particular, a decision is not invalidated just because something that occurred in the process of making the decision involved a failure to comply with the code.

(5)A relevant authority may—

(a)revise its existing code of conduct, or

(b)adopt a code of conduct to replace its existing code of conduct.

(6)A relevant authority other than a parish council must have in place—

(a)arrangements under which allegations can be investigated, and

(b)arrangements under which decisions on allegations can be made.

(7)Arrangements put in place under subsection (6)(b) by a relevant authority must include provision for the appointment by the authority of at least one independent person—

(a)whose views are to be sought, and taken into account, by the authority before it makes its decision on an allegation that it has decided to investigate, and

(b)whose views may be sought—

(i)by the authority in relation to an allegation in circumstances not within paragraph (a),

(ii)by a member, or co-opted member, of the authority if that person’s behaviour is the subject of an allegation, and

(iii)by a member, or co-opted member, of a parish council if that person’s behaviour is the subject of an allegation and the authority is the parish council’s principal authority.

(8)For the purposes of subsection (7)

(a)a person is not independent if the person is—

(i)a member, co-opted member or officer of the authority,

(ii)a member, co-opted member or officer of a parish council of which the authority is the principal authority, or

(iii)a relative, or close friend, of a person within sub-paragraph (i) or (ii);

(b)a person may not be appointed under the provision required by subsection (7) if at any time during the 5 years ending with the appointment the person was—

(i)a member, co-opted member or officer of the authority, or

(ii)a member, co-opted member or officer of a parish council of which the authority is the principal authority;

(c)a person may not be appointed under the provision required by subsection (7) unless—

(i)the vacancy for an independent person has been advertised in such manner as the authority considers is likely to bring it to the attention of the public,

(ii)the person has submitted an application to fill the vacancy to the authority, and

(iii)the person’s appointment has been approved by a majority of the members of the authority;

(d)a person appointed under the provision required by subsection (7) does not cease to be independent as a result of being paid any amounts by way of allowances or expenses in connection with performing the duties of the appointment.

(9)In subsections (6) and (7) “allegation”, in relation to a relevant authority, means a written allegation—

(a)that a member or co-opted member of the authority has failed to comply with the authority’s code of conduct, or

(b)that a member or co-opted member of a parish council for which the authority is the principal authority has failed to comply with the parish council’s code of conduct.

(10)For the purposes of subsection (8) a person (“R”) is a relative of another person if R is—

(a)the other person’s spouse or civil partner,

(b)living with the other person as husband and wife or as if they were civil partners,

(c)a grandparent of the other person,

(d)a lineal descendant of a grandparent of the other person,

(e)a parent, sibling or child of a person within paragraph (a) or (b),

(f)the spouse or civil partner of a person within paragraph (c), (d) or (e), or

(g)living with a person within paragraph (c), (d) or (e) as husband and wife or as if they were civil partners.

(11)If a relevant authority finds that a member or co-opted member of the authority has failed to comply with its code of conduct (whether or not the finding is made following an investigation under arrangements put in place under subsection (6)) it may have regard to the failure in deciding—

(a)whether to take action in relation to the member or co-opted member, and

(b)what action to take.

(12)A relevant authority must publicise its adoption, revision or replacement of a code of conduct in such manner as it considers is likely to bring the adoption, revision or replacement of the code of conduct to the attention of persons who live in its area.

(13)A relevant authority’s function of adopting, revising or replacing a code of conduct may be discharged only by the authority.

(14)Accordingly—

(a)in the case of an authority to whom section 101 of the Local Government Act 1972 (arrangements for discharge of functions) applies, the function is not a function to which that section applies;

(b)in the case of the Greater London Authority, the function is not a function to which section 35 (delegation of functions by the Greater London Authority) applies.

29Register of interests

(1)The monitoring officer of a relevant authority must establish and maintain a register of interests of members and co-opted members of the authority.

(2)Subject to the provisions of this Chapter, it is for a relevant authority to determine what is to be entered in the authority’s register.

(3)Nothing in this Chapter requires an entry to be retained in a relevant authority’s register once the person concerned—

(a)no longer has the interest, or

(b)is (otherwise than transitorily on re-election or re-appointment) neither a member nor a co-opted member of the authority.

(4)In the case of a relevant authority that is a parish council, references in this Chapter to the authority’s monitoring officer are to the monitoring officer of the parish council’s principal authority.

(5)The monitoring officer of a relevant authority other than a parish council must secure—

(a)that a copy of the authority’s register is available for inspection at a place in the authority’s area at all reasonable hours, and

(b)that the register is published on the authority’s website.

(6)The monitoring officer of a relevant authority that is a parish council must—

(a)secure that a copy of the parish council’s register is available for inspection at a place in the principal authority’s area at all reasonable hours,

(b)secure that the register is published on the principal authority’s website, and

(c)provide the parish council with any data it needs to comply with subsection (7).

(7)A parish council must, if it has a website, secure that its register is published on its website.

(8)Subsections (5) to (7) are subject to section 32(2).

(9)In this Chapter “principal authority”, in relation to a parish council, means—

(a)in the case of a parish council for an area in a district that has a district council, that district council,

(b)in the case of a parish council for an area in a London borough, the council of that London borough, and

(c)in the case of a parish council for any other area, the county council for the county that includes that area.

(10)In this Chapter “register”, in relation to a relevant authority, means its register under subsection (1).

30Disclosure of pecuniary interests on taking office

(1)A member or co-opted member of a relevant authority must, before the end of 28 days beginning with the day on which the person becomes a member or co-opted member of the authority, notify the authority’s monitoring officer of any disclosable pecuniary interests which the person has at the time when the notification is given.

(2)Where a person becomes a member or co-opted member of a relevant authority as a result of re-election or re-appointment, subsection (1) applies only as regards disclosable pecuniary interests not entered in the authority’s register when the notification is given.

(3)For the purposes of this Chapter, a pecuniary interest is a “disclosable pecuniary interest” in relation to a person (“M”) if it is of a description specified in regulations made by the Secretary of State and either—

(a)it is an interest of M’s, or

(b)it is an interest of—

(i)M’s spouse or civil partner,

(ii)a person with whom M is living as husband and wife, or

(iii)a person with whom M is living as if they were civil partners,

and M is aware that that other person has the interest.

(4)Where a member or co-opted member of a relevant authority gives a notification for the purposes of subsection (1), the authority’s monitoring officer is to cause the interests notified to be entered in the authority’s register (whether or not they are disclosable pecuniary interests).

31Pecuniary interests in matters considered at meetings or by a single member

(1)Subsections (2) to (4) apply if a member or co-opted member of a relevant authority—

(a)is present at a meeting of the authority or of any committee, sub-committee, joint committee or joint sub-committee of the authority,

(b)has a disclosable pecuniary interest in any matter to be considered, or being considered, at the meeting, and

(c)is aware that the condition in paragraph (b) is met.

(2)If the interest is not entered in the authority’s register, the member or co-opted member must disclose the interest to the meeting, but this is subject to section 32(3).

(3)If the interest is not entered in the authority’s register and is not the subject of a pending notification, the member or co-opted member must notify the authority’s monitoring officer of the interest before the end of 28 days beginning with the date of the disclosure.

(4)The member or co-opted member may not—

(a)participate, or participate further, in any discussion of the matter at the meeting, or

(b)participate in any vote, or further vote, taken on the matter at the meeting,

but this is subject to section 33.

(5)In the case of a relevant authority to which Part 1A of the Local Government Act 2000 applies and which is operating executive arrangements, the reference in subsection (1)(a) to a committee of the authority includes a reference to the authority’s executive and a reference to a committee of the executive.

(6)Subsections (7) and (8) apply if—

(a)a function of a relevant authority may be discharged by a member of the authority acting alone,

(b)the member has a disclosable pecuniary interest in any matter to be dealt with, or being dealt with, by the member in the course of discharging that function, and

(c)the member is aware that the condition in paragraph (b) is met.

(7)If the interest is not entered in the authority’s register and is not the subject of a pending notification, the member must notify the authority’s monitoring officer of the interest before the end of 28 days beginning with the date when the member becomes aware that the condition in subsection (6)(b) is met in relation to the matter.

(8)The member must not take any steps, or any further steps, in relation to the matter (except for the purpose of enabling the matter to be dealt with otherwise than by the member).

(9)Where a member or co-opted member of a relevant authority gives a notification for the purposes of subsection (3) or (7), the authority’s monitoring officer is to cause the interest notified to be entered in the authority’s register (whether or not it is a disclosable pecuniary interest).

(10)Standing orders of a relevant authority may provide for the exclusion of a member or co-opted member of the authority from a meeting while any discussion or vote takes place in which, as a result of the operation of subsection (4), the member or co-opted member may not participate.

(11)For the purpose of this section, an interest is “subject to a pending notification” if—

(a)under this section or section 30, the interest has been notified to a relevant authority’s monitoring officer, but

(b)has not been entered in the authority’s register in consequence of that notification.

32Sensitive interests

(1)Subsections (2) and (3) apply where—

(a)a member or co-opted member of a relevant authority has an interest (whether or not a disclosable pecuniary interest), and

(b)the nature of the interest is such that the member or co-opted member, and the authority’s monitoring officer, consider that disclosure of the details of the interest could lead to the member or co-opted member, or a person connected with the member or co-opted member, being subject to violence or intimidation.

(2)If the interest is entered in the authority’s register, copies of the register that are made available for inspection, and any published version of the register, must not include details of the interest (but may state that the member or co-opted member has an interest the details of which are withheld under this subsection).

(3)If section 31(2) applies in relation to the interest, that provision is to be read as requiring the member or co-opted member to disclose not the interest but merely the fact that the member or co-opted member has a disclosable pecuniary interest in the matter concerned.

33Dispensations from section 31(4)

(1)A relevant authority may, on a written request made to the proper officer of the authority by a member or co-opted member of the authority, grant a dispensation relieving the member or co-opted member from either or both of the restrictions in section 31(4) in cases described in the dispensation.

(2)A relevant authority may grant a dispensation under this section only if, after having had regard to all relevant circumstances, the authority—

(a)considers that without the dispensation the number of persons prohibited by section 31(4) from participating in any particular business would be so great a proportion of the body transacting the business as to impede the transaction of the business,

(b)considers that without the dispensation the representation of different political groups on the body transacting any particular business would be so upset as to alter the likely outcome of any vote relating to the business,

(c)considers that granting the dispensation is in the interests of persons living in the authority’s area,

(d)if it is an authority to which Part 1A of the Local Government Act 2000 applies and is operating executive arrangements, considers that without the dispensation each member of the authority’s executive would be prohibited by section 31(4) from participating in any particular business to be transacted by the authority’s executive, or

(e)considers that it is otherwise appropriate to grant a dispensation.

(3)A dispensation under this section must specify the period for which it has effect, and the period specified may not exceed four years.

(4)Section 31(4) does not apply in relation to anything done for the purpose of deciding whether to grant a dispensation under this section.

34Offences

(1)A person commits an offence if, without reasonable excuse, the person—

(a)fails to comply with an obligation imposed on the person by section 30(1) or 31(2), (3) or (7),

(b)participates in any discussion or vote in contravention of section 31(4), or

(c)takes any steps in contravention of section 31(8).

(2)A person commits an offence if under section 30(1) or 31(2), (3) or (7) the person provides information that is false or misleading and the person—

(a)knows that the information is false or misleading, or

(b)is reckless as to whether the information is true and not misleading.

(3)A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)A court dealing with a person for an offence under this section may (in addition to any other power exercisable in the person’s case) by order disqualify the person, for a period not exceeding five years, for being or becoming (by election or otherwise) a member or co-opted member of the relevant authority in question or any other relevant authority.

(5)A prosecution for an offence under this section is not to be instituted except by or on behalf of the Director of Public Prosecutions.

(6)Proceedings for an offence under this section may be brought within a period of 12 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge.

(7)But no such proceedings may be brought more than three years—

(a)after the commission of the offence, or

(b)in the case of a continuous contravention, after the last date on which the offence was committed.

(8)A certificate signed by the prosecutor and stating the date on which such evidence came to the prosecutor’s knowledge is conclusive evidence of that fact; and a certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

(9)The Local Government Act 1972 is amended as follows.

(10)In section 86(1)(b) (authority to declare vacancy where member becomes disqualified otherwise than in certain cases) after “2000” insert “or section 34 of the Localism Act 2011”.

(11)In section 87(1)(ee) (date of casual vacancies)—

(a)after “2000” insert “or section 34 of the Localism Act 2011 or”, and

(b)after “decision” insert “or order”.

(12)The Greater London Authority Act 1999 is amended as follows.

(13)In each of sections 7(b) and 14(b) (Authority to declare vacancy where Assembly member or Mayor becomes disqualified otherwise than in certain cases) after sub-paragraph (i) insert—

(ia)under section 34 of the Localism Act 2011,.

(14)In section 9(1)(f) (date of casual vacancies)—

(a)before “or by virtue of” insert “or section 34 of the Localism Act 2011”, and

(b)after “that Act” insert “of 1998 or that section”.

35Delegation of functions by Greater London Authority

(1)The Mayor of London and the London Assembly, acting jointly, may arrange for any of the functions conferred on them by or under this Chapter to be exercised on their behalf by—

(a)a member of staff of the Greater London Authority, or

(b)a committee appointed in accordance with provision made by virtue of this section.

(2)Standing orders of the Greater London Authority may make provision regulating the exercise of functions by any member of staff of the Authority pursuant to arrangements under subsection (1).

(3)Standing orders of the Greater London Authority may make provision for the appointment of a committee (“the standards committee”) to exercise functions conferred on the Mayor of London and the London Assembly by or under this Chapter in accordance with arrangements under subsection (1).

(4)Standing orders of the Greater London Authority may make provision about the membership and procedure of the standards committee.

(5)The provision that may be made under subsection (4) includes—

(a)provision for the standards committee to arrange for the discharge of its functions by a sub-committee of that committee;

(b)provision about the membership and procedure of such a sub-committee.

(6)Subject to subsection (7), the standards committee and any sub-committee of that committee—

(a)is not to be treated as a committee or (as the case may be) sub-committee of the London Assembly for the purposes of the Greater London Authority Act 1999, but

(b)is a committee or (as the case may be) sub-committee of the Greater London Authority for the purposes of Part 3 of the Local Government Act 1974 (investigations by Commission for Local Administration in England).

(7)Sections 6(3)(a) (failure to attend meetings) and 73(6) (functions of monitoring officer) of the Greater London Authority Act 1999 apply to the standards committee or any sub-committee of that committee as they apply to a committee of the London Assembly or any sub-committee of such a committee.

(8)Part 5A of the Local Government Act 1972 (access to meetings and documents) applies to the standards committee or any sub-committee of that committee as if—

(a)it were a committee or (as the case may be) a sub-committee of a principal council within the meaning of that Part, and

(b)the Greater London Authority were a principal council in relation to that committee or sub-committee.

(9)Arrangements under this section for the exercise of any function by—

(a)a member of staff of the Greater London Authority, or

(b)the standards committee,

do not prevent the Mayor of London and the London Assembly from exercising those functions.

(10)References in this section to the functions of the Mayor of London and the London Assembly conferred by or under this Chapter do not include their functions under this section.

(11)In this section “member of staff of the Greater London Authority” has the same meaning as in the Greater London Authority Act 1999 (see section 424(1) of that Act).

36Amendment of section 27 following abolition of police authorities

In section 27(6) (which defines “relevant authority” for the purposes of this Chapter) omit—

(a)paragraph (f) (the Metropolitan Police Authority), and

(b)paragraph (k) (police authorities).

37Transitional provision

(1)An order under section 240(2) may, in particular, provide for any provision made by or under Part 3 of the Local Government Act 2000 to have effect with modifications in consequence of any partial commencement of any of the amendments to, or repeals of, provisions of that Part made by Schedule 4.

(2)An order under section 240(2) may, in particular, make provision for an allegation or a case that is being investigated under Part 3 of the Local Government Act 2000 by the Standards Board for England or an ethical standards officer—

(a)to be referred to an authority of a kind specified in or determined in accordance with the order;

(b)to be dealt with in accordance with provision made by the order.

(3)The provision that may be made by virtue of subsection (2)(b) includes—

(a)provision corresponding to any provision made by or under Part 3 of the Local Government Act 2000;

(b)provision applying any provision made by or under that Part with or without modifications.

CHAPTER 8Pay accountability

38Pay policy statements

(1)A relevant authority must prepare a pay policy statement for the financial year 2012-2013 and each subsequent financial year.

(2)A pay policy statement for a financial year must set out the authority’s policies for the financial year relating to—

(a)the remuneration of its chief officers,

(b)the remuneration of its lowest-paid employees, and

(c)the relationship between—

(i)the remuneration of its chief officers, and

(ii)the remuneration of its employees who are not chief officers.

(3)The statement must state—

(a)the definition of “lowest-paid employees” adopted by the authority for the purposes of the statement, and

(b)the authority’s reasons for adopting that definition.

(4)The statement must include the authority’s policies relating to—

(a)the level and elements of remuneration for each chief officer,

(b)remuneration of chief officers on recruitment,

(c)increases and additions to remuneration for each chief officer,

(d)the use of performance-related pay for chief officers,

(e)the use of bonuses for chief officers,

(f)the approach to the payment of chief officers on their ceasing to hold office under or to be employed by the authority, and

(g)the publication of and access to information relating to remuneration of chief officers.

(5)A pay policy statement for a financial year may also set out the authority’s policies for the financial year relating to the other terms and conditions applying to the authority’s chief officers.

39Supplementary provisions relating to statements

(1)A relevant authority’s pay policy statement must be approved by a resolution of the authority before it comes into force.

(2)The first statement must be prepared and approved before the end of 31 March 2012.

(3)Each subsequent statement must be prepared and approved before the end of the 31 March immediately preceding the financial year to which it relates.

(4)A relevant authority may by resolution amend its pay policy statement (including after the beginning of the financial year to which it relates).

(5)As soon as is reasonably practicable after approving or amending a pay policy statement, the authority must publish the statement or the amended statement in such manner as it thinks fit (which must include publication on the authority’s website).

40Guidance

(1)A relevant authority in England must, in performing its functions under section 38 or 39, have regard to any guidance issued or approved by the Secretary of State.

(2)A relevant authority in Wales must, in performing its functions under section 38 or 39, have regard to any guidance issued or approved by the Welsh Ministers.

41Determinations relating to remuneration etc

(1)This section applies to a determination that—

(a)is made by a relevant authority in a financial year beginning on or after 1 April 2012 and

(b)relates to the remuneration of or other terms and conditions applying to a chief officer of the authority.

(2)The relevant authority must comply with its pay policy statement for the financial year in making the determination.

(3)Any power of a fire and rescue authority within section 43(1)(i) to appoint officers and employees is subject to the requirement in subsection (2).

(4)In section 112 of the Local Government Act 1972 (appointment of staff) after subsection (2) insert—

(2A)A local authority’s power to appoint officers on such reasonable terms and conditions as the authority thinks fit is subject to section 41 of the Localism Act 2011 (requirement for determinations relating to terms and conditions of chief officers to comply with pay policy statement).

42Exercise of functions

(1)The functions conferred on a relevant authority by this Chapter are not to be the responsibility of an executive of the authority under executive arrangements.

(2)Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of passing a resolution under this Chapter.

(3)The function of a fire and rescue authority within section 43(1)(i) of passing a resolution under this Chapter may not be delegated by the authority.

43Interpretation

(1)In this Chapter “relevant authority” means—

(a)a county council,

(b)a county borough council,

(c)a district council,

(d)a London borough council,

(e)the Common Council of the City of London in its capacity as a local authority,

(f)the Council of the Isles of Scilly,

(g)the London Fire and Emergency Planning Authority,

(h)a metropolitan county fire and rescue authority, or

(i)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.

(2)In this Chapter “chief officer”, in relation to a relevant authority, means each of the following—

(a)the head of its paid service designated under section 4(1) of the Local Government and Housing Act 1989;

(b)its monitoring officer designated under section 5(1) of that Act;

(c)a statutory chief officer mentioned in section 2(6) of that Act;

(d)a non-statutory chief officer mentioned in section 2(7) of that Act;

(e)a deputy chief officer mentioned in section 2(8) of that Act.

(3)In this Chapter “remuneration”, in relation to a chief officer and a relevant authority, means—

(a)the chief officer’s salary or, in the case of a chief officer engaged by the authority under a contract for services, payments made by the authority to the chief officer for those services,

(b)any bonuses payable by the authority to the chief officer,

(c)any charges, fees or allowances payable by the authority to the chief officer,

(d)any benefits in kind to which the chief officer is entitled as a result of the chief officer’s office or employment,

(e)any increase in or enhancement of the chief officer’s pension entitlement where the increase or enhancement is as a result of a resolution of the authority, and

(f)any amounts payable by the authority to the chief officer on the chief officer ceasing to hold office under or be employed by the authority, other than amounts that may be payable by virtue of any enactment.

(4)In this Chapter “terms and conditions”, in relation to a chief officer and a relevant authority, means the terms and conditions on which the chief officer holds office under or is employed by the authority.

(5)References in this Chapter to the remuneration of, or the other terms and conditions applying to, a chief officer include—

(a)the remuneration that may be provided to, or the terms and conditions that may apply to, that chief officer in the future, and

(b)the remuneration that is to be provided to, or the terms and conditions that are to apply to, chief officers of that kind that the authority may appoint in the future.

(6)In this Chapter “remuneration”, in relation to a relevant authority and an employee of its who is not a chief officer, means—

(a)the employee’s salary,

(b)any bonuses payable by the authority to the employee,

(c)any allowances payable by the authority to the employee,

(d)any benefits in kind to which the employee is entitled as a result of the employee’s employment,

(e)any increase in or enhancement of the employee’s pension entitlement where the increase or enhancement is as a result of a resolution of the authority, and

(f)any amounts payable by the authority to the employee on the employee ceasing to be employed by the authority, other than any amounts that may be payable by virtue of any enactment.

(7)References in this Chapter to the remuneration of an employee who is not a chief officer include—

(a)the remuneration that may be provided to that employee in the future, and

(b)the remuneration that is to be provided to employees of the same kind that the authority may employ in the future.

(8)In this Chapter—

  • “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);

  • “financial year” means the period of 12 months ending with 31 March in any year.

CHAPTER 9Commission for Local Administration in England

44Arrangements for provision of services and discharge of functions

(1)After section 33ZA of the Local Government Act 1974 insert—

33ZBArrangements for provision of administrative and other services

(1)Arrangements involving the Commission may be entered into by persons within subsection (4) for the provision of administrative, professional or technical services by any one or more of the parties for any one or more of the parties, whether for consideration or otherwise.

(2)For the purposes of subsection (1), arrangements for the provision of services involve the Commission if the Commission is one of the parties to the arrangements and at least one of the following conditions is met—

(a)the Commission is the party, or one of the parties, by whom the services are to be provided;

(b)the Commission is the party, or one of the parties, to whom the services are to be provided.

(3)The arrangements that may be entered into under subsection (1) include arrangements for—

(a)the Commission, or

(b)the Commission jointly with any one or more of the parties,

to have the function of discharging, on behalf of a party, any function of that party which is of an administrative, professional or technical nature.

(4)The persons within this subsection are—

(a)the Commission,

(b)the Parliamentary Commissioner,

(c)the Health Service Commissioner for England, and

(d)the person administering a scheme approved under Schedule 2 to the Housing Act 1996 (scheme for enabling complaints to be investigated by a housing ombudsman).

(2)In paragraph 13 of Schedule 4 to the Local Government Act 1974 (delegation by Local Commissioners) after sub-paragraph (2) insert—

(3)Any function of the Commission may be discharged on the Commission’s behalf—

(a)by any person authorised by the Commission to do so, and

(b)to the extent so authorised.

(4)Sub-paragraph (3) does not affect the responsibility of the Commission for the discharge of the function.

CHAPTER 10Miscellaneous repeals

45Repeal of duties relating to promotion of democracy

Chapter 1 of Part 1 of the Local Democracy, Economic Development and Construction Act 2009 (duties relating to promotion of democracy) is repealed.

46Repeal of provisions about petitions to local authorities

Chapter 2 of Part 1 of the Local Democracy, Economic Development and Construction Act 2009 (petitions to local authorities) is repealed.

47Schemes to encourage domestic waste reduction by payments and charges

The following provisions are repealed—

(a)section 71(1) of, and Schedule 5 to, the Climate Change Act 2008 (which amend the Environmental Protection Act 1990 to enable waste collection authorities to make waste reduction schemes, but which have never been in force), and

(b)sections 71(2) and (3) and 72 to 75 of that Act (which provide for the provisions mentioned in paragraph (a) to be piloted and then either brought into force, with or without amendments, or repealed).

PART 2EU financial sanctions

48Power to require public authorities to make payments in respect of certain EU financial sanctions

(1)A Minister of the Crown may, in accordance with the provisions of this Part, require public authorities to make payments of amounts determined by a Minister of the Crown in respect of an EU financial sanction to which this Part applies.

(2)A requirement to make a payment under this Part—

(a)may only be imposed on a public authority if—

(i)the authority has been designated under section 52; and

(ii)the EU financial sanction concerned is one to which the designation applies; and

(b)must be imposed by a notice given to the authority under section 56 (referred to in this Part as a final notice).

(3)If a final notice is registered in accordance with rules of court or any practice direction, it is enforceable in the same manner as an order of the High Court.

(4)Any sums paid by a public authority under this Part are to be paid into the Consolidated Fund.

(5)In this Part—

(a)“EU financial sanction” means a sanction consisting of a lump sum or penalty payment (or both) imposed by the Court of Justice in Article 260(2) proceedings for an infraction of EU law;

(b)“infraction of EU law”, in relation to an EU financial sanction, means the failure to comply with a judgment of the Court of Justice given in proceedings under Article 258 or 259 of the Treaty on the Functioning of the European Union; and

(c)“Article 260(2) proceedings” means proceedings under Article 260(2) of that Treaty.

49Duty of the Secretary of State to issue a policy statement

(1)The Secretary of State must publish a statement of policy with respect to—

(a)the designation of public authorities under section 52;

(b)the imposition and variation of requirements to make payments under this Part; and

(c)such other matters relating to the operation of the provisions of this Part as the Secretary of State may think it appropriate to include in the statement.

(2)The Secretary of State may from time to time revise and republish the statement of policy required by this section.

(3)A revised statement of policy may include saving or transitional provisions relating to the continued application for any purpose of any provisions of an earlier published version of the statement.

(4)The Secretary of State must consult such persons as the Secretary of State considers appropriate before publishing, or revising and republishing, the statement of policy required by this section.

(5)In exercising functions under this Part in relation to an EU financial sanction which has been or may be imposed on the United Kingdom—

(a)a Minister of the Crown, and

(b)a panel established under section 53,

must have regard to the statement of policy most recently published under this section.

50The EU financial sanctions to which Part 2 applies

(1)This Part applies to any EU financial sanction imposed on the United Kingdom after the commencement of this Part, subject to subsection (2).

(2)If a Minister of the Crown gives a certificate—

(a)specifying a part or parts of an EU financial sanction, and

(b)stating that this Part is not to apply to that part, or those parts, of the sanction,

this Part applies to that EU financial sanction as if it did not include that part or those parts.

(3)A certificate under subsection (2)

(a)may make different provision about any of the following—

(i)the lump sum (if any) paid by the United Kingdom;

(ii)any periodic payment due from the United Kingdom under the terms of the EU financial sanction before the certificate is given; and

(iii)any subsequent periodic payment that may fall due from the United Kingdom under those terms; and

(b)must be given in such form and published in such manner as the Minister of the Crown giving it thinks fit.

(4)Any provision of a certificate under subsection (2) which has the effect of excluding the whole or part of any periodic payment mentioned in subsection (3)(a)(iii) (including any such payment which has fallen due from the United Kingdom since the earlier certificate was given) may be varied by a further certificate under subsection (2).

51Meaning of “public authority” and related terms

(1)This section defines various terms used in this Part.

(2)“Public authority” means—

(a)a local authority to which subsection (3) applies; or

(b)any other person or body which has any non-devolved functions.

(3)This subsection applies to—

(a)any of the following in England—

(i)a county council, district council or London borough council;

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

(iii)the Greater London Authority; and

(iv)the Council of the Isles of Scilly;

(b)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(c)a district council within the meaning of the Local Government Act (Northern Ireland) 1972;

(d)a council of a county or county borough in Wales.

(4)References to functions are to functions of a public nature.

(5)References to non-devolved functions are to functions which are not devolved functions.

(6)References to devolved functions are to—

(a)Scottish devolved functions, that is to say functions the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998);

(b)Northern Ireland devolved functions, that is to say functions which could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998); or

(c)Welsh devolved functions, that is to say functions which are exercisable in relation to Wales and could be conferred by provision falling within the legislative competence of the National Assembly for Wales as defined in section 108 of the Government of Wales Act 2006.

(7)References to a public authority with mixed functions are to a public authority which has both non-devolved and devolved functions.

(8)The “appropriate national authority”, in relation to a public authority with mixed functions, means the following national authority or authorities (according to whichever one or more of the following paragraphs apply to that public authority)—

(a)the Scottish Ministers, if the public authority has any Scottish devolved functions;

(b)the relevant Northern Ireland department, if the public authority has any Northern Ireland devolved functions; and

(c)the Welsh Ministers, if the public authority has any Welsh devolved functions.

52Designation of public authorities

(1)A Minister of the Crown may by order designate a public authority for the purposes of this Part.

(2)The order must—

(a)specify the public authority by name;

(b)identify any EU financial sanction to which the designation applies; and

(c)describe the activities of the authority which are covered by the designation.

(3)The order may identify an EU financial sanction for the purposes of subsection (2)(b) by—

(a)specifying an EU financial sanction that has been imposed on the United Kingdom;

(b)specifying any Article 260(2) proceedings that have been commenced and providing that the designation is to apply to any EU financial sanction that may be imposed on the United Kingdom in those proceedings;

(c)specifying a judgment of the Court of Justice finding that the United Kingdom has failed to comply with an EU obligation and providing that the designation is to apply to any EU financial sanction that may be imposed on the United Kingdom for failing to comply with that judgment; or

(d)specifying or describing any proceedings under Article 258 or 259 of the Treaty on the Functioning of the European Union that have been or may be commenced and providing that the designation is to apply to any EU financial sanction that may be imposed on the United Kingdom for failing to comply with a judgment of the Court of Justice given in those proceedings.

(4)The order may, for the purposes of subsection (3)(d), describe any proceedings under Article 258 or 259 that may be commenced by reference to the subject-matter of—

(a)a Reasoned Opinion addressed to the United Kingdom under Article 258 or 259 (as the case may be); or

(b)any other document sent to the Government of the United Kingdom by the Commission of the European Union or by another member State which gives notice to the Government of the possibility of proceedings being commenced against the United Kingdom.

(5)The activities described for the purposes of subsection (2)(c) must be activities of the public authority which—

(a)are carried out in the exercise of non-devolved functions of the public authority; and

(b)take place after the provisions of the order describing the activities come into force.

(6)The following may not be designated under this section—

(a)the House of Commons, the House of Lords, the Scottish Parliament, the Northern Ireland Assembly or the National Assembly for Wales;

(b)a Minister of the Crown or a United Kingdom government department;

(c)a member of the Scottish Executive;

(d)the First Minister or the deputy First Minister for Northern Ireland, a Northern Ireland Minister or a Northern Ireland Department;

(e)a member of the Welsh Assembly Government;

(f)a court or tribunal.

(7)Before making an order designating a public authority a Minister of the Crown must consult—

(a)the public authority concerned; and

(b)if it is a public authority with mixed functions, the appropriate national authority.

(8)In sections 54 to 56 references to “acts”, in relation to a public authority which has been designated under this section, are to acts within a description of activities covered by the designation.

53Establishment of independent panel

(1)This section applies where—

(a)an EU financial sanction to which this Part applies has been imposed by the Court of Justice; and

(b)at least one public authority is the subject of a designation order under section 52 which applies to that EU financial sanction.

(2)A Minister of the Crown must establish a panel for the purpose of carrying out any functions it may be given by or under any provision of this Part in relation to that EU financial sanction.

(3)The panel must be established before any warning notice is given to a public authority in relation to that EU financial sanction.

(4)The panel is to consist of one or more individuals appointed by a Minister of the Crown who appear to a Minister of the Crown to have suitable qualifications, expertise or experience to carry out their duties.

(5)A Minister of the Crown may invite nominations for appointment to the panel from such organisations as a Minister of the Crown considers appropriate.

(6)The validity of any acts of the panel is not affected by a vacancy among its members.

(7)A Minister of the Crown may pay to a member of the panel such fees, allowances or expenses as a Minister of the Crown may determine.

(8)A Minister of the Crown may provide such staff, accommodation or other facilities as a Minister of the Crown may consider necessary to enable the panel to carry out its functions.

54Warning notices

(1)Before a public authority which has been designated under section 52 can be required to make any payment under this Part in respect of an EU financial sanction to which the designation applies—

(a)a Minister of the Crown must give a warning notice under this section to the public authority;

(b)the procedures set out in the warning notice (with any changes made under subsection (9)) must be followed; and

(c)a Minister of the Crown must determine the matters mentioned in section 55(4).

(2)A warning notice is a notice stating that a Minister of the Crown, having regard to the judgment of the Court of Justice imposing the EU financial sanction, believes—

(a)that acts of the authority may have caused or contributed to the infraction of EU law for which the EU financial sanction was imposed, and

(b)that, if acts of the authority did cause or contribute to that infraction of EU law, it would be appropriate to consider requiring the authority to make payments under this Part (which may be or include ongoing payments) in respect of the EU financial sanction.

(3)The warning notice must also—

(a)identify the EU financial sanction to which the notice relates;

(b)specify the total amount of that sanction (see subsection (7));

(c)if that sanction is or includes a penalty payment, specify the amount and frequency of any periodic payments that fall due from the United Kingdom under the terms of the penalty payment (see subsection (8));

(d)set out the reasons for making the statement required by subsection (2);

(e)set out the proposed procedures and arrangements for determining the matters mentioned in section 55(4) (which may include arrangements for securing that matters arising under the notice are dealt together with matters arising under other warning notices given to other public authorities in respect of the same EU financial sanction);

(f)propose a timetable for those procedures and for any steps to be taken by the panel or a Minister of the Crown before any requirement to make a payment can be imposed on the authority;

(g)invite the authority to make representations to a Minister of the Crown about the matters mentioned in paragraphs (e) and (f);

(h)invite the authority to make representations to the panel (with any supporting evidence) about anything the authority considers relevant to the matters mentioned in section 55(4), including its response to any representations made (and any supporting evidence submitted) to the panel —

(i)by a Minister of the Crown or a government department (whether in relation to matters arising from the notice or matters arising from any other warning notice given to another public authority in relation to the same EU financial sanction);

(ii)by another public authority which has been given a warning notice in relation to the same EU financial sanction; or

(iii)by the appropriate national authority in response to an invitation under paragraph (j) included in the notice; and

(j)if the authority has mixed functions, invite the appropriate national authority to make representations about anything contained in or arising from the notice.

(4)The warning notice may contain other such information as the Minister of the Crown giving it considers appropriate.

(5)Before a Minister of the Crown gives a warning notice to the authority, the Minister of the Crown must consult the panel as to the contents of the notice (including in particular the proposed procedures and timetable mentioned in subsection (3)(e) and (f)).

(6)If the authority has mixed functions, a Minister of the Crown must—

(a)consult the appropriate national authority before deciding to give a warning notice to the authority; and

(b)give the appropriate national authority a copy of any warning notice the Minister of the Crown decides to give.

(7)In subsection (3)(b) the “total amount of the sanction” means the sum of the following—

(a)the amount of the lump sum (if any) due from the United Kingdom under the terms of the EU financial sanction (disregarding any amount that falls to be excluded from the lump sum by virtue of section 50(2)); and

(b)the total amount of the periodic payments (if any) which have fallen due from the United Kingdom on or before a day specified in the notice (disregarding any amount that falls to be excluded from any of those payments by virtue of section 50(2));

and the day specified for the purposes of paragraph (b) must be no later than the day on which the warning notice is given to the authority.

(8)The periodic payments to be taken into account for the purposes of subsection (3)(c) do not include—

(a)any periodic payment taken into account in calculating the total amount of the sanction for the purposes of subsection (3)(b); or

(b)any periodic payment, or any part of a periodic payment, that falls to be excluded from the EU financial sanction by virtue of section 50(2).

(9)A Minister of the Crown may, after considering any representations made by the authority under subsection (3)(g) but before the matters mentioned in section 55(4) are determined, give the authority—

(a)a notice stating any changes that the Minister has decided to make to the procedures or timetable as originally set out in the warning notice under subsection (3)(e) and (f); and

(b)a copy of the warning notice incorporating those changes.

(10)A Minister of the Crown must consult the panel before making any changes under subsection (9).

(11)A warning notice given to a public authority may be withdrawn at any time before the matters mentioned in section 55(4) are determined, but this does not prevent another warning notice being given to the authority in relation to the same EU financial sanction.

(12)In this section and section 55 “the panel” means the panel established under section 53 to deal with the EU financial sanction to which the notice relates.

55Matters to be determined before a final notice is given

(1)This section applies where—

(a)a warning notice has been given to a public authority; and

(b)the panel has considered all representations made to it under the procedures set out in that notice.

(2)The panel must make, to a Minister of the Crown, a report on the matters to which the representations made to the panel relate.

(3)The report—

(a)may be published by the panel in such manner as the panel thinks fit and, if not published by the panel, must be published by the Minister of the Crown to whom it is made in such manner as the Minister of the Crown thinks fit;

(b)must include recommendations as to the determination of the matters mentioned in subsection (4)(a) and (b);

(c)if the authority has made representations to the panel about anything the authority considers relevant to any of the matters mentioned in paragraphs (c) to (e) of subsection (4), must include recommendations as to the determination of the matters mentioned in those paragraphs; and

(d)must include the panel’s reasons for any recommendations included in the report.

(4)After having had regard to the report, a Minister of the Crown must determine the following matters—

(a)whether any acts of the authority did cause or contribute to the infraction of EU law concerned and, in relation to any periodic payments, whether any acts of the authority have continued, and will continue, to cause or contribute to the continuation of that infraction;

(b)the proportion of—

(i)the total amount of the sanction (being the amount to be specified under section 56(2)(b) if a final notice is given), and

(ii)any periodic payments not included in that total amount (including both payments that have fallen due since the date specified under section 54(7)(b) and future periodic payments),

that, in the light of the acts of the authority which are determined to be relevant for the purposes of paragraph (a), is to be regarded as reflecting the authority’s share of the responsibility for the infraction of EU law concerned or, in relation to a periodic payment mentioned in sub-paragraph (ii), the continuing infraction of EU law concerned;

(c)whether the authority should be required to make any payment or payments in respect of the EU financial sanction;

(d)if so, what payment or payments the authority should make towards—

(i)the total amount of the sanction referred to in paragraph (b)(i); and

(ii)any periodic payments referred to in paragraph (b)(ii); and

(e)when any such payment or payments should be made.

(5)In determining the matters mentioned in subsection (4)(c), (d) and (e) the Minister of the Crown must have regard to—

(a)the effect on the authority’s finances of any amount it may be required to pay and in particular, if the authority has mixed functions, the need to avoid any prejudicial effect on the performance by the authority of its devolved functions;

(b)the determination under subsection (4)(b); and

(c)any other relevant considerations.

(6)Before making a final decision on the matters mentioned in subsection (4)(c), (d) and (e), the Minister of the Crown must invite—

(a)representations from the authority about the potential effect on its finances and, if it has mixed functions, the effect on its devolved functions of any amount it may be required to pay; and

(b)if the authority has mixed functions, representations from the appropriate national authority.

56Final notices

(1)A Minister of the Crown may give a final notice to a public authority only if a Minister of the Crown has decided in accordance with section 55 to impose a requirement under this Part on the authority.

(2)The final notice must—

(a)identify the EU financial sanction to which the notice relates;

(b)specify the total amount of the sanction (see subsection (3)) and, where relevant, the amount and frequency of any future periodic payments (see subsection (4));

(c)describe the acts of the authority that a Minister of the Crown has under section 55(4) determined—

(i)have caused or contributed to the infraction of EU law concerned; or

(ii)have caused or contributed, or will continue to cause or contribute, to the continuation of that infraction;

and set out the reasons for that determination;

(d)summarise the other determinations made by a Minister of the Crown under section 55(4) and set out the reasons for making them;

(e)specify the amount required to be paid by the authority towards the total amount of the sanction and when it is to be paid (and if it is to be paid in instalments, the instalments and the date on which they become payable);

(f)specify the amount or proportion required to be paid towards any future periodic payment (as defined for the purposes of paragraph (b)) and the time when that amount is to be paid (or, if the notice so provides, the time when two or more such amounts are to be paid); and

(g)specify how and to whom payments are to be made.

(3)In subsection (2)(b) and (e) the “total amount of the sanction” means the sum of the following—

(a)the amount of the lump sum (if any) due from the United Kingdom under the terms of the EU financial sanction (disregarding any amount that falls to be excluded from the lump sum by virtue of section 50(2)); and

(b)the total amount of the periodic payments (if any) which have fallen due from the United Kingdom on or before a day specified in the final notice (disregarding any amount that falls to be excluded from any of those payments by virtue of section 50(2));

and the day specified for the purposes of paragraph (b) must be no later than the day on which the final notice is given to the authority.

(4)In subsection (2)(b) “future periodic payments” means periodic payments due from the United Kingdom other than—

(a)any periodic payment taken into account in calculating the total amount of the sanction; or

(b)any periodic payment, or any part of a periodic payment, that falls to be excluded from the EU financial sanction by virtue of section 50(2).

(5)The requirement to make payments towards periodic payments falling due from the United Kingdom after the notice is given continues so long as those periodic payments continue to fall due, unless a Minister of the Crown gives the authority a notice under this subsection terminating the requirement or varying it so as to make it less onerous for the authority.

(6)A notice under subsection (5) may be given, either on the application of the authority or without such an application, where a Minister of the Crown considers it appropriate in the light of a change in the circumstances which applied when the final notice was given or when it was last varied (as the case may be).

(7)A Minister of the Crown may—

(a)consult the panel, or refer any matter relating to the possible termination or variation of the requirement for its advice or recommendations;

(b)invite the authority to make representations; and

(c)if the authority has mixed functions, invite the appropriate national authority to make representations,

before deciding whether to terminate or vary the requirement mentioned in subsection (5).

(8)If the authority makes an application under subsection (6) a Minister of the Crown may by notice to the authority suspend the requirement until further notice (but this does not affect the liability to make any payment once the suspension is ended, unless the final notice is varied to have that effect).

57Interpretation of Part: general

In this Part—

  • “act” includes omission;

  • “the appropriate national authority”, in relation to a public authority with mixed functions, has the meaning given by section 51(8);

  • “Article 260(2) proceedings” has the meaning given by section 48(5)(c);

  • “Court of Justice” means the Court of Justice of the European Union;

  • “EU financial sanction” has the meaning given by section 48(5)(a);

  • “final notice” means a notice under section 56;

  • “functions”, “non-devolved functions” and “devolved functions” are to be construed in accordance with section 51;

  • “infraction of EU law”, in relation to an EU financial sanction, has the meaning given by section 48(5)(b);

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

  • “periodic payment”, in relation to an EU financial sanction that is or includes a penalty payment, means a payment due under the terms of the penalty payment;

  • “public authority” has the meaning given in section 51(2);

  • “public authority with mixed functions” has the meaning given by section 51(7);

  • “warning notice” means a notice under section 54.

PART 3EU financial sanctions: Wales

58Power to require Welsh public authorities to make payments in respect of certain EU financial sanctions

(1)The Welsh Ministers may, in accordance with the provisions of this Part, require Welsh public authorities to make payments of amounts determined by the Welsh Ministers in respect of an EU financial sanction to which this Part applies.

(2)A requirement to make a payment under this Part—

(a)may only be imposed on a Welsh public authority if—

(i)the authority has been designated under section 62; and

(ii)the EU financial sanction concerned is one to which the designation applies; and

(b)must be imposed by a notice given to the authority under section 66 (referred to in this Part as a final notice).

(3)If a final notice is registered in accordance with rules of court or any practice direction, it is enforceable in the same manner as an order of the High Court.

(4)Any sums paid by a Welsh public authority under this Part are to be paid into the Welsh Consolidated Fund.

(5)In this Part—

(a)“EU financial sanction” means a sanction consisting of a lump sum or penalty payment (or both) imposed by the Court of Justice in Article 260(2) proceedings for an infraction of EU law;

(b)“infraction of EU law”, in relation to an EU financial sanction, means the failure to comply with a judgment of the Court of Justice given in proceedings under Article 258 or 259 of the Treaty on the Functioning of the European Union; and

(c)“Article 260(2) proceedings” means proceedings under Article 260(2) of that Treaty.

59Duty of the Welsh Ministers to issue a policy statement

(1)The Welsh Ministers must publish a statement of policy with respect to—

(a)the designation of Welsh public authorities under section 62;

(b)the imposition and variation of requirements to make payments under this Part; and

(c)such other matters relating to the operation of the provisions of this Part as the Welsh Ministers may think it appropriate to include in the statement.

(2)The Welsh Ministers may from time to time revise and republish the statement of policy required by this section.

(3)A revised statement of policy may include saving or transitional provisions relating to the continued application for any purpose of any provisions of an earlier published version of the statement.

(4)The Welsh Ministers must consult such persons as the Welsh Ministers consider appropriate before publishing, or revising and republishing, the statement of policy required by this section.

(5)In exercising functions under this Part in relation to an EU financial sanction which has been or may be imposed on the United Kingdom—

(a)the Welsh Ministers, and

(b)a panel established under section 63,

must have regard to the statement of policy most recently published under this section.

60The EU financial sanctions to which Part 3 applies

(1)This Part applies to an EU financial sanction imposed on the United Kingdom if—

(a)the sanction is imposed after the commencement of this Part, and

(b)the Welsh Ministers certify that this Part applies to the sanction.

(2)If a certificate under subsection (1)—

(a)specifies a part or parts of the EU financial sanction concerned, and

(b)states that this Part applies only to that part, or those parts, of the sanction,

this Part applies to the sanction as if it included only that part or those parts.

(3)A certificate under subsection (1)—

(a)may make different provision about any of the following—

(i)the lump sum (if any) paid by the United Kingdom;

(ii)any periodic payment due from the United Kingdom under the terms of the EU financial sanction before the certificate is given; and

(iii)any future periodic payment that may fall due from the United Kingdom under those terms; and

(b)must be given in such form and published in such manner as the Welsh Ministers think fit.

(4)Any provision of a certificate under subsection (1) which has the effect of excluding the whole or part of any periodic payment mentioned in subsection (3)(a)(iii) (including any such payment which has fallen due from the United Kingdom since the earlier certificate was given) may be varied by a further certificate under subsection (1).

61Meaning of “Welsh public authority” and related terms

(1)Subsections (2) to (5) define various terms used in this Part.

(2)“Welsh public authority” means—

(a)a council of a county or county borough in Wales; or

(b)any other person or body which has any Welsh devolved functions.

(3)References to functions are to functions of a public nature.

(4)References to Welsh devolved functions are to functions which are exercisable in relation to Wales and could be conferred by provision falling within the legislative competence of the National Assembly for Wales as defined in section 108 of the Government of Wales Act 2006.

(5)The “appropriate national authority”, in relation to a Welsh public authority with any functions other than Welsh devolved functions, means the following national authority or authorities (according to whichever one or more of the following paragraphs apply to that Welsh public authority)—

(a)a Minister of the Crown, if the Welsh public authority has any functions which are not devolved functions;

(b)the Scottish Ministers, if the Welsh public authority has any Scottish devolved functions; and

(c)the relevant Northern Ireland Department, if the Welsh public authority has any Northern Ireland devolved functions.

(6)In subsection (5)(a) “devolved functions” means—

(a)Welsh devolved functions;

(b)Scottish devolved functions; or

(c)Northern Ireland devolved functions.

(7)In subsections (5) and (6)—

  • “Northern Ireland devolved functions” means functions which could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998);

  • “Scottish devolved functions” means functions the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998).

62Designation of Welsh public authorities

(1)The Welsh Ministers may by order designate a Welsh public authority for the purposes of this Part.

(2)The order must—

(a)specify the Welsh public authority by name;

(b)identify any EU financial sanction to which the designation applies; and

(c)describe the activities of the authority which are covered by the designation.

(3)The order may identify an EU financial sanction for the purposes of subsection (2)(b) by—

(a)specifying an EU financial sanction that has been imposed on the United Kingdom;

(b)specifying any Article 260(2) proceedings that have been commenced and providing that the designation is to apply to any EU financial sanction that may be imposed on the United Kingdom in those proceedings;

(c)specifying a judgment of the Court of Justice finding that the United Kingdom has failed to comply with an EU obligation and providing that the designation is to apply to any EU financial sanction that may be imposed on the United Kingdom for failing to comply with that judgment; or

(d)specifying or describing any proceedings under Article 258 or 259 of the Treaty on the Functioning of the European Union that have been or may be commenced and providing that the designation is to apply to any EU financial sanction that may be imposed on the United Kingdom for failing to comply with a judgment of the Court of Justice given in those proceedings.

(4)The order may, for the purposes of subsection (3)(d), describe any proceedings under Article 258 or 259 that may be commenced by reference to the subject-matter of—

(a)a Reasoned Opinion addressed to the United Kingdom under Article 258 or 259 (as the case may be); or

(b)any other document sent to the Government of the United Kingdom by the Commission of the European Union or by another member State which gives notice to the Government of the possibility of proceedings being commenced against the United Kingdom.

(5)The activities described for the purposes of subsection (2)(c) must be activities of the Welsh public authority which—

(a)are carried out in the exercise of Welsh devolved functions of the authority; and

(b)take place after the provisions of the order describing the activities come into force.

(6)The following may not be designated under this section—

(a)the National Assembly for Wales;

(b)a Minister of the Crown or a United Kingdom government department;

(c)a member of the Welsh Assembly Government;

(d)a court or tribunal.

(7)Before making an order designating a Welsh public authority the Welsh Ministers must consult—

(a)the authority concerned; and

(b)if the authority concerned has any functions other than Welsh devolved functions, the appropriate national authority.

(8)In sections 64 to 66 references to “acts”, in relation to a Welsh public authority which has been designated under this section, are to acts within a description of activities covered by the designation.

63Establishment of independent panel

(1)This section applies where—

(a)an EU financial sanction to which this Part applies has been imposed by the Court of Justice; and

(b)at least one Welsh public authority is the subject of a designation order under section 62 which applies to that EU financial sanction.

(2)The Welsh Ministers must establish a panel for the purpose of carrying out any functions it may be given by or under any provision of this Part in relation to that EU financial sanction.

(3)The panel must be established before any warning notice is given to a Welsh public authority in relation to that EU financial sanction.

(4)The panel is to consist of one or more individuals appointed by the Welsh Ministers who appear to the Welsh Ministers to have suitable qualifications, expertise or experience to carry out their duties.

(5)The Welsh Ministers may invite nominations for appointment to the panel from such organisations as the Welsh Ministers consider appropriate.

(6)The validity of any acts of the panel is not affected by a vacancy among its members.

(7)The Welsh Ministers may pay to a member of the panel such fees, allowances or expenses as the Welsh Ministers may determine.

(8)The Welsh Ministers may provide such staff, accommodation or other facilities as the Welsh Ministers may consider necessary to enable the panel to carry out its functions.

64Warning notices

(1)Before a Welsh public authority which has been designated under section 62 can be required to make any payment under this Part in respect of an EU financial sanction to which the designation applies—

(a)the Welsh Ministers must give a warning notice under this section to the authority;

(b)the procedures set out in the warning notice (with any changes made under subsection (9)) must be followed; and

(c)the Welsh Ministers must determine the matters mentioned in section 65(4).

(2)A warning notice is a notice stating that the Welsh Ministers, having regard to the judgment of the Court of Justice imposing the EU financial sanction, believe—

(a)that acts of the authority may have caused or contributed to the infraction of EU law for which the EU financial sanction was imposed; and

(b)that, if acts of the authority did cause or contribute to that infraction of EU law, it would be appropriate to consider requiring the authority to make payments under this Part (which may be or include ongoing payments) in respect of the EU financial sanction.

(3)The warning notice must also—

(a)identify the EU financial sanction to which the notice relates;

(b)specify the total amount of that sanction (see subsection (7));

(c)if that sanction is or includes a penalty payment, specify the amount and frequency of any periodic payments that fall due from the United Kingdom under the terms of the penalty payment (see subsection (8));

(d)set out the reasons for making the statement required by subsection (2);

(e)set out the proposed procedures and arrangements for determining the matters mentioned in section 65(4) (which may include arrangements for securing that matters arising under the notice are dealt together with matters arising under other warning notices given to other Welsh public authorities in respect of the same EU financial sanction);

(f)propose a timetable for those procedures and for any steps to be taken by the panel or the Welsh Ministers before any requirement to make a payment can be imposed on the authority;

(g)invite the authority to make representations to the Welsh Ministers about the matters mentioned in paragraphs (e) and (f);

(h)invite the authority to make representations to the panel (with any supporting evidence) about anything the authority considers relevant to the matters mentioned in section 65(4), including its response to any representations made (and any supporting evidence submitted) to the panel —

(i)by the Welsh Ministers (whether in relation to matters arising from the notice or matters arising from any other warning notice given to another Welsh public authority in relation to the same EU financial sanction);

(ii)by another Welsh public authority which has been given a warning notice in relation to the same EU financial sanction; or

(iii)by the appropriate national authority in response to an invitation under paragraph (j) included in the notice; and

(j)if the authority has any functions other than Welsh devolved functions, invite the appropriate national authority to make representations about anything contained in or arising from the notice.

(4)The warning notice may contain such other information as the Welsh Ministers consider appropriate.

(5)Before giving a warning notice to the authority, the Welsh Ministers must consult the panel as to the contents of the notice (including in particular the proposed procedures and timetable mentioned in subsection (3)(e) and (f)).

(6)If the authority has any functions other than Welsh devolved functions, the Welsh Ministers must—

(a)consult the appropriate national authority before deciding to give a warning notice to the authority; and

(b)give the appropriate national authority a copy of any warning notice the Welsh Ministers decide to give.

(7)In subsection (3)(b) the “total amount of the sanction” means the sum of the following—

(a)the amount of the lump sum (if any) due from the United Kingdom under the terms of the EU financial sanction (disregarding any amount that falls to be excluded from the lump sum by virtue of section 60(2)); and

(b)the total amount of the periodic payments (if any) which have fallen due from the United Kingdom on or before a day specified in the notice (disregarding any amount that falls to be excluded from any of those payments by virtue of section 60(2));

and the day specified for the purposes of paragraph (b) must be no later than the day on which the warning notice is given to the authority.

(8)The periodic payments to be taken into account for the purposes of subsection (3)(c) do not include—

(a)any periodic payment taken into account in calculating the total amount of the sanction for the purposes of subsection (3)(b); or

(b)any periodic payment, or any part of a periodic payment, that falls to be excluded from the EU financial sanction by virtue of section 60(2).

(9)The Welsh Ministers may, after considering any representations made by the authority under subsection (3)(g) but before the matters mentioned in section 65(4) are determined, give the authority—

(a)a notice stating any changes that the Welsh Ministers have decided to make to the procedures or timetable as originally set out in the warning notice under subsection (3)(e) and (f); and

(b)a copy of the warning notice incorporating those changes.

(10)The Welsh Ministers must consult the panel before making any changes under subsection (9).

(11)A warning notice given to a Welsh public authority may be withdrawn at any time before the matters mentioned in section 65(4) are determined, but this does not prevent another warning notice being given to the authority in relation to the same EU financial sanction.

(12)In this section and section 65 “the panel” means the panel established under section 63 to deal with the EU financial sanction to which the notice relates.

65Matters to be determined before a final notice is given

(1)This section applies where—

(a)a warning notice has been given to a Welsh public authority; and

(b)the panel has considered all representations made to it under the procedures set out in that notice.

(2)The panel must make a report to the Welsh Ministers on the matters to which the representations made to the panel relate.

(3)The report—

(a)may be published by the panel in such manner as the panel thinks fit and, if not published by the panel, must be published by the Welsh Ministers in such manner as they think fit;

(b)must include recommendations as to the determination of the matters mentioned in subsection (4)(a) and (b);

(c)if the authority has made representations to the panel about anything the authority considers relevant to any of the matters mentioned in paragraphs (c) to (e) of subsection (4), must include recommendations as to the determination of the matters mentioned in those paragraphs; and

(d)must include the panel’s reasons for any recommendations included in the report.

(4)After having had regard to the report, the Welsh Ministers must determine the following matters—

(a)whether any acts of the authority did cause or contribute to the infraction of EU law concerned and, in relation to any periodic payments, whether any acts of the authority have continued, and will continue, to cause or contribute to the continuation of that infraction;

(b)the proportion of—

(i)the total amount of the sanction (being the amount to be specified under section 66(2)(b) if a final notice is given), and

(ii)any periodic payments not included in that total amount (including both payments that have fallen due since the date specified under section 64(7)(b) and future periodic payments),

that, in the light of the acts of the authority which are determined to be relevant for the purposes of paragraph (a), is to be regarded as reflecting the authority’s share of the responsibility for the infraction of EU law concerned or, in relation to a periodic payment mentioned in sub-paragraph (ii), the continuing infraction of EU law concerned;

(c)whether the authority should be required to make any payment or payments in respect of the EU financial sanction;

(d)if so, what payment or payments the authority should make towards—

(i)the total amount of the sanction referred to in paragraph (b)(i); and

(ii)any periodic payments referred to in paragraph (b)(ii); and

(e)when any such payment or payments should be made.

(5)In determining the matters mentioned in subsection (4)(c), (d) and (e) the Welsh Ministers must have regard to—

(a)the effect on the authority’s finances of any amount it may be required to pay and in particular, if the authority has any functions other than Welsh devolved functions, the need to avoid any prejudicial effect on the performance by the authority of those other functions;

(b)the determination under subsection (4)(b); and

(c)any other relevant considerations.

(6)Before making a final decision on the matters mentioned in subsection (4)(c), (d) and (e), the Welsh Ministers must invite—

(a)representations from the authority about the potential effect on its finances and, if it has any functions other than Welsh devolved functions, the effect on those other functions of any amount it may be required to pay; and

(b)if the authority has any functions other than Welsh devolved functions, representations from the appropriate national authority.

66Final notices

(1)The Welsh Ministers may give a final notice to a Welsh public authority only if they have decided in accordance with section 65 to impose a requirement under this Part on the authority.

(2)The final notice must—

(a)identify the EU financial sanction to which the notice relates;

(b)specify the total amount of the sanction (see subsection (3)) and, where relevant, the amount and frequency of any future periodic payments (see subsection (4));

(c)describe the acts of the authority that the Welsh Ministers have under section 65(4) determined—

(i)have caused or contributed to the infraction of EU law concerned; or

(ii)have caused or contributed, or will continue to cause or contribute, to the continuation of that infraction;

and set out the reasons for that determination;

(d)summarise the other determinations made by the Welsh Ministers under section 65(4) and set out the reasons for making them;

(e)specify the amount required to be paid by the authority towards the total amount of the sanction and when it is to be paid (and if it is to be paid in instalments, the instalments and the date on which they become payable);

(f)specify the amount or proportion required to be paid towards any future periodic payment (as defined for the purposes of paragraph (b)) and the time when that amount is to be paid (or, if the notice so provides, the time when two or more such amounts are to be paid); and

(g)specify how and to whom payments are to be made.

(3)In subsection (2)(b) and (e) the “total amount of the sanction” means the sum of the following—

(a)the amount of the lump sum (if any) due from the United Kingdom under the terms of the EU financial sanction (disregarding any amount that falls to be excluded from the lump sum by virtue of section 60(2)); and

(b)the total amount of the periodic payments (if any) which have fallen due from the United Kingdom on or before a day specified in the final notice (disregarding any amount that falls to be excluded from any of those payments by virtue of section 60(2));

and the day specified for the purposes of paragraph (b) must be no later than the day on which the final notice is given to the authority.

(4)In subsection (2)(b) “future periodic payments” means periodic payments due from the United Kingdom other than—

(a)any periodic payment taken into account in calculating the total amount of the sanction; or

(b)any periodic payment, or any part of a periodic payment, that falls to be excluded from the EU financial sanction by virtue of section 60(2).

(5)The requirement to make payments towards periodic payments falling due from the United Kingdom after the notice is given continues so long as those periodic payments continue to fall due, unless the Welsh Ministers give the authority a notice under this subsection terminating the requirement or varying it so as to make it less onerous for the authority.

(6)A notice under subsection (5) may be given, either on the application of the authority or without such an application, where the Welsh Ministers consider it appropriate in the light of a change in the circumstances which applied when the final notice was given or when it was last varied (as the case may be).

(7)The Welsh Ministers may—

(a)consult the panel, or refer any matter relating to the possible termination or variation of the requirement for its advice or recommendations;

(b)invite the authority to make representations; and

(c)if the authority has any functions other than Welsh devolved functions, invite the appropriate national authority to make representations,

before deciding whether to terminate or vary the requirement mentioned in subsection (5).

(8)If the authority makes an application under subsection (6) the Welsh Ministers may by notice to the authority suspend the requirement until further notice (but this does not affect the liability to make any payment once the suspension is ended, unless the final notice is varied to have that effect).

67Interpretation of Part: general

In this Part—

  • “act” includes omission;

  • “the appropriate national authority”, in relation to a Welsh public authority with any functions other than Welsh devolved functions, has the meaning given by section 61(5);

  • “Article 260(2) proceedings” has the meaning given by section 58(5)(c);

  • “Court of Justice” means the Court of Justice of the European Union;

  • “EU financial sanction” has the meaning given by section 58(5)(a);

  • “final notice” means a notice under section 66;

  • “functions” and “Welsh devolved functions” are to be construed in accordance with section 61(3) and (4);

  • “infraction of EU law”, in relation to an EU financial sanction, has the meaning given by section 58(5)(b);

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

  • “periodic payment”, in relation to an EU financial sanction that is or includes a penalty payment, means a payment due under the terms of the penalty payment;

  • “warning notice” means a notice under section 64;

  • “Welsh public authority” has the meaning given in section 61(2).

PART 4Non-domestic rates etc

Business rate supplements

68Ballot for imposition and certain variations of a business rate supplement

(1)The Business Rate Supplements Act 2009 (“the 2009 Act”) is amended as follows.

(2)In section 4(c) (condition for imposing a BRS) for “where there is to be a ballot on the imposition of the BRS, the ballot” substitute “a ballot”.

(3)In section 7 (holding of ballot) omit subsections (1), (2) and (5) (provision about the circumstances in which a ballot on the imposition of a BRS is to be held).

(4)In section 8(1) (meaning of approve by ballot) for “If a ballot on the imposition of a BRS is held, the imposition of the BRS” substitute “The imposition of a BRS”.

(5)In section 10 (variations)—

(a)in subsection (2)(c) (condition for varying a BRS) omit the words from the beginning to “subsection (7),”, and

(b)omit subsections (7) to (9) (provision about the circumstances in which a ballot on a proposal to vary a BRS is to be held).

(6)In Schedule 1 (information to be included in a prospectus for a BRS) for paragraphs 19 and 20 (information required in relation to a ballot on the imposition of the BRS) substitute—

19In an initial prospectus, a statement that there is to be a ballot on the imposition of the BRS.

20In a final prospectus—

(a)a statement that a ballot has been held on the imposition of the BRS;

(b)the results of the ballot, including in particular—

(i)the total number of votes cast,

(ii)the number of persons who voted in favour of the imposition of the BRS,

(iii)the number of persons who voted against its imposition,

(iv)the aggregate of the rateable values of each hereditament in respect of which a person voted in the ballot,

(v)the aggregate of the rateable values of each hereditament in respect of which a person voted in favour of the imposition of the BRS, and

(vi)the aggregate of the rateable values of each hereditament in respect of which a person voted against its imposition.

(7)The amendments made by this section do not apply in relation to a BRS imposed before the date this section comes into force (whether or not the chargeable period of the BRS has begun before that date).

(8)In this section—

  • “BRS” means a business rate supplement (see section 1 of the 2009 Act);

  • “chargeable period” has the meaning given by section 11(6) of that Act.

Non-domestic rates

69Non-domestic rates: discretionary relief

(1)Section 47 of the Local Government Finance Act 1988 (non-domestic rates: discretionary relief) is amended as follows.

(2)In subsection (1) (eligibility for relief) for the words from “the first and second conditions” to “are fulfilled” substitute “the condition mentioned in subsection (3) below is fulfilled”.

(3)Omit subsection (2) (the first eligibility condition).

(4)In subsection (3) (the second eligibility condition) omit “second”.

(5)Omit subsections (3A) to (3D) (the other eligibility conditions).

(6)After subsection (5) insert—

(5A)So far as a decision under subsection (3) above would have effect where none of section 43(6) above, section 43(6B) above and subsection (5B) below applies, the billing authority may make the decision only if it is satisfied that it would be reasonable for it to do so, having regard to the interests of persons liable to pay council tax set by it.

(5B)This subsection applies on the chargeable day if—

(a)all or part of the hereditament is occupied for the purposes of one or more institutions or other organisations—

(i)none of which is established or conducted for profit, and

(ii)each of whose main objects are charitable or are otherwise philanthropic or religious or concerned with education, social welfare, science, literature or the fine arts, or

(b)the hereditament—

(i)is wholly or mainly used for purposes of recreation, and

(ii)all or part of it is occupied for the purposes of a club, society or other organisation not established or conducted for profit.

(5C)A billing authority in England, when making a decision under subsection (3) above, must have regard to any relevant guidance issued by the Secretary of State.

(5D)A billing authority in Wales, when making a decision under subsection (3) above, must have regard to any relevant guidance issued by the Welsh Ministers.

(7)Before subsection (9) insert—

(8A)This section does not apply where the hereditament is an excepted hereditament.

(8)Sub-paragraph (6) of paragraph 4 of Schedule 8 to the Local Government Finance Act 1988 (contributions regulations for a financial year to be in force by preceding 1 January) does not apply to regulations under that paragraph in their application to the financial year beginning in 2012 so far as they make provision related to the operation of section 47 of that Act as amended by this Act.

70Small business relief

(1)Section 43 of the Local Government Finance Act 1988 (liability to non-domestic rates) is amended as follows.

(2)In subsection (4B)(a) (small business relief: England) omit—

(a)sub-paragraph (i) (maximum rateable value of hereditament), and

(b)sub-paragraph (iii) (requirement for application).

(3)Omit subsection (4C) (form and content of application).

(4)In subsection (4D) (offence of making false application)—

(a)after “If” insert “the ratepayer makes an application in order to satisfy a condition prescribed under subsection (4B)(a)(ii) above and”,

(b)in paragraph (a) for “an application under subsection (4B)(a)(iii) above” substitute “the application”, and

(c)in paragraph (b) for “such an” substitute “the”.

71Cancellation of liability to backdated non-domestic rates

After section 49 of the Local Government Finance Act 1988 insert—

49ACancellation of backdated liabilities for days in years 2005 to 2010

(1)The Secretary of State may by regulations provide that, in a prescribed case, the chargeable amount under section 43 or 45 for a hereditament in England for a chargeable day is zero.

(2)The regulations may give that relief in relation to a hereditament and a chargeable day only if—

(a)the hereditament is shown for the day in a local non-domestic rating list compiled on 1 April 2005, and

(b)it is shown for that day as it is shown as the result of an alteration of the list made after the list was compiled.

(3)The regulations may give that relief in relation to a hereditament and a chargeable day subject to the fulfilment of prescribed conditions.

(4)A prescribed condition may be—

(a)a condition to be fulfilled in relation to the hereditament,

(b)a condition to be fulfilled in relation to some other hereditament, or

(c)some other condition.

(5)The conditions that may be prescribed include, in particular—

(a)conditions relating to the circumstances in which an alteration of a local non-domestic rating list was made;

(b)conditions relating to the consequences of the alteration;

(c)conditions relating to the length of the period beginning with the first day from which an alteration had effect and ending with the day on which the alteration was made;

(d)conditions relating to a person’s liability or otherwise to non-domestic rates at any time.

PART 5Community empowerment

CHAPTER 1Council tax

72Referendums relating to council tax increases

(1)In Part 1 of the Local Government Finance Act 1992 (council tax: England and Wales) after Chapter 4 insert the Chapter set out in Schedule 5.

(2)Schedule 6 (council tax referendums: further amendments) has effect.

73References to proper accounting practices

In section 21(4) of the Local Government Act 2003 (enactments to which provisions about references to proper accounting practices apply)—

(a)at the end of paragraph (c) insert—

(ca)the Local Government Finance Act 1992 (c. 14),, and

(b)for the “and” at the end of paragraph (d) substitute—

(da)the Greater London Authority Act 1999 (c. 29), and.

74Council tax calculations by billing authorities in England

Before section 32 of the Local Government Finance Act 1992 insert—

31ACalculation of council tax requirement by authorities in England

(1)In relation to each financial year a billing authority in England must make the calculations required by this section.

(2)The authority must calculate the aggregate of—

(a)the expenditure which the authority estimates it will incur in the year in performing its functions and will charge to a revenue account, other than a BID Revenue Account, for the year in accordance with proper practices,

(b)such allowance as the authority estimates will be appropriate for contingencies in relation to amounts to be charged or credited to a revenue account for the year in accordance with proper practices,

(c)the financial reserves which the authority estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,

(d)such financial reserves as are sufficient to meet so much of the amount estimated by the authority to be a revenue account deficit for any earlier financial year as has not already been provided for,

(e)any amounts which it estimates will be transferred in the year from its general fund to its collection fund in accordance with section 97(4) of the 1988 Act, and

(f)any amounts which it estimates will be transferred from its general fund to its collection fund pursuant to a direction under section 98(5) of the 1988 Act and charged to a revenue account for the year.

(3)The authority must calculate the aggregate of—

(a)the income which it estimates will accrue to it in the year and which it will credit to a revenue account, other than a BID Revenue Account, for the year in accordance with proper practices,

(b)any amounts which it estimates will be transferred in the year from its collection fund to its general fund in accordance with section 97(3) of the 1988 Act,

(c)any amounts which it estimates will be transferred from its collection fund to its general fund pursuant to a direction under section 98(4) of the 1988 Act and will be credited to a revenue account for the year, and

(d)the amount of the financial reserves which the authority estimates it will use in order to provide for the items mentioned in subsection (2)(a), (b), (e) and (f) above.

(4)If the aggregate calculated under subsection (2) above exceeds that calculated under subsection (3) above, the authority must calculate the amount equal to the difference; and the amount so calculated is to be its council tax requirement for the year.

(5)In making the calculation under subsection (2) above the authority must ignore payments which must be met from its collection fund under section 90(2) of the 1988 Act or from a trust fund.

(6)In estimating under subsection (2)(a) above the authority must take into account—

(a)the amount of any expenditure which it estimates it will incur in the year in making any repayments of grants or other sums paid to it by the Secretary of State, and

(b)the amount of any precept issued to it for the year by a local precepting authority and the amount of any levy or special levy issued to it for the year.

(7)But (except as provided by regulations under section 41 below or regulations under section 74 or 75 of the 1988 Act) the authority must not anticipate a precept, levy or special levy not issued.

(8)For the purposes of subsection (2)(c) above an authority’s estimated future expenditure is—

(a)that which the authority estimates it will incur in the financial year following the year in question, will charge to a revenue account for the year in accordance with proper practices and will have to defray in the year before the following sums are sufficiently available—

(i)sums which will be payable for the year into its general fund and in respect of which amounts will be credited to a revenue account for the year in accordance with proper practices, and

(ii)sums which will be transferred as regards the year from its collection fund to its general fund, and

(b)that which the authority estimates it will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year in accordance with proper practices.

(9)In making the calculation under subsection (3) above the authority must ignore—

(a)payments which must be made into its collection fund under section 90(1) of the 1988 Act or to a trust fund, and

(b)subject to paragraphs (b) and (c) of subsection (3) above, sums which have been or are to be transferred from its collection fund to its general fund.

(10)The Secretary of State may by regulations do either or both of the following—

(a)alter the constituents of any calculation to be made under subsection (2) or (3) above (whether by adding, deleting or amending items);

(b)alter the rules governing the making of any calculation under subsection (2) or (3) above (whether by deleting or amending subsections (5) to (9) above, or any of them, or by adding other provisions, or by a combination of those methods).

(11)Calculations to be made in relation to a particular financial year under this section must be made before 11th March in the preceding financial year, but they are not invalid merely because they are made on or after that date.

(12)This section is subject to section 52ZS below (which requires a direction to a billing authority that the referendum provisions in Chapter 4ZA are not to apply to the authority for a financial year to state the amount of the authority’s council tax requirement for the year).

(13)In this section “BID Revenue Account” has the same meaning as in Part 4 of the Local Government Act 2003.

31BCalculation of basic amount of tax by authorities in England

(1)In relation to each financial year a billing authority in England must calculate the basic amount of its council tax by applying the formula—

where—

  • R is the amount calculated (or last calculated) by the authority under section 31A(4) above as its council tax requirement for the year;

  • T is the amount which is calculated by the authority as its council tax base for the year and, where one or more major precepting authorities have power to issue precepts to it, is notified by it to those authorities (“the major precepting authorities concerned”) within the prescribed period.

(2)Where the aggregate calculated (or last calculated) by the authority for the year under subsection (2) of section 31A above does not exceed that so calculated under subsection (3) of that section, the amount for item R in subsection (1) above is to be nil.

(3)The Secretary of State must make regulations containing rules for making for any year the calculation required by item T in subsection (1) above; and a billing authority must make the calculation for any year in accordance with the rules for the time being effective (as regards the year) under the regulations.

(4)Regulations prescribing a period for the purposes of item T in subsection (1) above may provide that, in any case where a billing authority fails to notify its calculation to the major precepting authorities concerned within that period, that item must be determined in the prescribed manner by such authority or authorities as may be prescribed.

(5)The Secretary of State may by regulations do either or both of the following—

(a)alter the constituents of any calculation to be made under subsection (1) above (whether by adding, deleting or amending items);

(b)provide for rules governing the making of any calculation under that subsection (whether by adding provisions to, or deleting or amending provisions of, this section, or by a combination of those methods).

75Council tax calculations by major precepting authorities in England

Before section 43 of the Local Government Finance Act 1992 insert—

42ACalculation of council tax requirement by authorities in England

(1)In relation to each financial year a major precepting authority in England must make the calculations required by this section.

(2)The authority must calculate the aggregate of—

(a)the expenditure the authority estimates it will incur in the year in performing its functions and will charge to a revenue account for the year in accordance with proper practices,

(b)such allowance as the authority estimates will be appropriate for contingencies in relation to amounts to be charged or credited to a revenue account for the year in accordance with proper practices,

(c)the financial reserves which the authority estimates it will be appropriate to raise in the year for meeting its estimated future expenditure, and

(d)such financial reserves as are sufficient to meet so much of the amount estimated by the authority to be a revenue account deficit for any earlier financial year as has not already been provided for.

(3)The authority must calculate the aggregate of—

(a)the income which it estimates will accrue to it in the year and which it will credit to a revenue account for the year in accordance with proper practices, other than income which it estimates will accrue to it in respect of any precept issued by it, and

(b)the amount of the financial reserves which the authority estimates that it will use in order to provide for the items mentioned in paragraphs (a) and (b) of subsection (2) above.

(4)If the aggregate calculated under subsection (2) above exceeds that calculated under subsection (3) above, the authority must calculate the amount equal to the difference; and the amount so calculated is to be its council tax requirement for the year.

(5)In making the calculation under subsection (2) above the authority must ignore payments which must be met from a trust fund.

(6)In estimating under subsection (2)(a) above an authority must take into account—

(a)the amount of any expenditure which it estimates it will incur in the year in making any repayments of grants or other sums paid to it by the Secretary of State, and

(b)in the case of an authority which is a county council, the amount of any levy issued to it for the year.

(7)But (except as provided by regulations under section 74 of the 1988 Act) the authority must not anticipate a levy not issued.

(8)For the purposes of subsection (2)(c) above an authority’s estimated future expenditure is—

(a)that which the authority estimates it will incur in the financial year following the year in question, will charge to a revenue account for the year in accordance with proper practices and will have to defray in the year before the following sums are sufficiently available—

(i)sums which will be payable to it for the year, and

(ii)sums in respect of which amounts will be credited to a revenue account for the year in accordance with proper practices, and

(b)that which the authority estimates it will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year in accordance with proper practices.

(9)In making the calculation under subsection (3) above the authority must ignore payments which must be made into a trust fund.

(10)In estimating under subsection (3)(a) above the authority must take into account the sums which the authority estimates will be paid to it in the year by billing authorities in accordance with regulations under section 99(3) of the 1988 Act.

(11)The Secretary of State may by regulations do one or both of the following—

(a)alter the constituents of any calculation to be made under subsection (2) or (3) above (whether by adding, deleting or amending items);

(b)alter the rules governing the making of any calculation under subsection (2) or (3) above (whether by deleting or amending subsections (5) to (10) above, or any of them, or by adding other provisions, or by a combination of those methods).

(12)This section is subject to section 52ZT below (which requires a direction to a major precepting authority that the referendum provisions in Chapter 4ZA are not to apply to the authority for a financial year to state the amount of the authority’s council tax requirement for the year).

42BCalculation of basic amount of tax by authorities in England

(1)In relation to each financial year a major precepting authority in England must calculate the basic amount of its council tax by applying the formula—

where—

  • R is the amount calculated (or last calculated) by the authority under section 42A(4) above as its council tax requirement for the year;

  • T is the aggregate of the amounts which are calculated by the billing authorities to which the authority issues precepts (“the billing authorities concerned”) as their council tax bases for the year for their areas, or (as the case may require) for the parts of their areas falling within the authority’s area, and are notified by them to the authority within the prescribed period.

(2)Where the aggregate calculated (or last calculated) by the authority for the year under subsection (2) of section 42A above does not exceed that so calculated under subsection (3) of that section, the amount for item R in subsection (1) above is to be nil.

(3)The Secretary of State must make regulations containing rules for making for any year the calculation required by item T in subsection (1) above; and the billing authorities 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.

(4)Regulations prescribing a period for the purposes of item T in subsection (1) 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.

(5)The Secretary of State may by regulations do either or both of the following—

(a)alter the constituents of any calculation to be made under subsection (1) above (whether by adding, deleting or amending items);

(b)provide for rules governing the making of any calculation under that subsection (whether by adding provisions to, or deleting or amending provisions of, this section, or by a combination of those methods).

76Calculation of council tax requirement by the Greater London Authority

(1)Section 85 of the Greater London Authority Act 1999 (calculation of component and consolidated budget requirements) is amended as follows.

(2)In the section heading for “budget” substitute “council tax”.

(3)In subsection (1) for “43” substitute “42A”.

(4)In subsection (4)—

(a)in paragraph (a) for the words from “, other than” to “the 1988 Act” substitute “in accordance with proper practices”, and

(b)in paragraph (b)—

(i)for “expenditure to be charged” substitute “amounts to be charged or credited”, and

(ii)after “for the year” insert “in accordance with proper practices”.

(5)In subsection (5) for paragraph (a) substitute—

(a)the income which the Authority estimates will accrue to or for the body in the year and which will be credited to a revenue account for the year in accordance with proper practices, other than income which the Authority estimates will accrue in respect of any precept issued by it;.

(6)In subsection (6)(b) for “budget” substitute “council tax”.

(7)In subsection (7) for “budget” substitute “council tax”.

(8)In subsection (8) for “budget” in both places substitute “council tax”.

(9)Omit subsection (9).

(10)Section 86 of that Act (provisions supplemental to section 85) is amended as follows.

(11)After subsection (1) insert—

(1A)In making any calculation under subsection (4) of section 85 above the Authority shall ignore payments which must be met from a trust fund.

(1B)In estimating under subsection (4)(a) of section 85 above—

(a)in the case of any functional body, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year in respect of the body under section 43(1) of the Local Government Act 2003 or in paying any BID levy for which the body is liable, and

(b)in the case of the Mayor, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year in respect of the Authority under section 43(1) of the Local Government Act 2003 or in paying any BID levy for which the Authority is liable.

(12)After subsection (2A) insert—

(2B)In estimating under subsection (4)(a) of section 85 above in the case of the Mayor, the Authority shall take into account the amount of any expenditure which the Authority estimates it will incur in the year in pursuance of regulations under section 99(3) of the Local Government Finance Act 1988.

(13)After subsection (4) insert—

(4A)In making any calculation under subsection (5) of section 85 above, the Authority must ignore payments which must be made into a trust fund.

(4B)In estimating under subsection (5)(a) of section 85 above in the case of the Mayor, the Authority shall take into account—

(a)the amounts which the Authority estimates will be paid to it in the year by billing authorities in accordance with regulations under section 99(3) of the Local Government Finance Act 1988, and

(b)the amount of any expenditure which it estimates will be incurred in the year by the Authority in making any repayments of grants or other sums paid to the Authority by the Secretary of State.

(4C)In estimating under subsection (5)(a) of section 85 above in the case of a functional body, the Authority shall take into account the amount of any expenditure which it estimates will be incurred in the year in making by or in respect of the body any repayments of grants or other sums paid to or for the body by the Secretary of State.

(4D)In estimating under subsection (5)(a) of section 85 above in the case of the Mayor’s Office for Policing and Crime, the Authority must use such amounts as may be prescribed by the Secretary of State as the sums that are payable to the Mayor’s Office for Policing and Crime in respect of the following items—

(a)redistributed non-domestic rates,

(b)revenue support grant,

(c)general GLA grant, and

(d)additional grant.

(4E)In subsection (4D) above, “prescribed” means specified in, or determined in accordance with, either—

(a)the appropriate report or determination, or

(b)regulations made by the Secretary of State,

as the Secretary of State may determine in the case of any particular item and any particular financial year or years.

(4F)In subsection (4E) above, “the appropriate report or determination” means—

(a)in the case of an item specified in paragraph (a) or (b) of subsection (4D) above, the local government finance report for the financial year in question,

(b)in the case of the item specified in paragraph (c) of that subsection, the determination under section 100 below for the financial year in question, and

(c)in the case of the item specified in paragraph (d) of that subsection, the report under section 85 of the Local Government Finance Act 1988 relating to that item.

(14)In subsection (5)(b) for “(4)” substitute “(4F)”.

(15)Omit subsection (6).

77Calculation of basic amount of tax by the Greater London Authority

(1)Section 88 of the Greater London Authority Act 1999 (calculation of basic amount of tax) is amended as follows.

(2)In subsection (1) for “44” substitute “42B”.

(3)For subsection (2) substitute—

(2)In relation to each financial year the Authority shall calculate the basic amount of its council tax by applying the formula—

where—

  • R is the amount calculated (or last calculated) by the Authority under section 85(8) above as its consolidated council tax requirement for the year;

  • A is the amount of the special item;

  • T is the aggregate of the amounts which are calculated by the billing authorities to which the Authority issues precepts (“the billing authorities concerned”) as their council tax bases for the year for their areas and are notified by them to the Authority within the prescribed period.

(4)Omit subsections (3) to (5).

(5)In subsection (8) for paragraph (b) substitute—

(b)provide for rules governing the making of any calculation under that subsection (whether by adding provisions to, or deleting or amending provisions of, this section, or by a combination of those methods).

(6)Section 89 of that Act (additional calculations: special item for part of Greater London) is amended as follows.

(7)For subsection (4) substitute—

(4)For dwellings in any part of Greater London to which the special item relates, the amount in respect of the special item is given by the formula—

where—

  • S2 is the amount of the special item;

  • TP2 is the aggregate of the amounts which are calculated by the billing authorities to which the Authority has power to issue precepts as respects the special item (“the billing authorities concerned”) as their council tax bases for the year for their areas and are notified by them to the Authority within the prescribed period.

(8)Omit subsections (5) and (6).

(9)In subsection (9) for paragraph (b) substitute—

(b)provide for rules governing the making of any calculation under or by virtue of that subsection (whether by adding provisions to, or deleting or amending provisions of, this section, or by a combination of those methods).

78Council tax calculation by local precepting authorities in England

Before section 50 of the Local Government Finance Act 1992 insert—

49ACalculation of council tax requirement by authorities in England

(1)In relation to each financial year a local precepting authority in England must make the calculations required by this section.

(2)The authority must calculate the aggregate of—

(a)the expenditure the authority estimates it will incur in the year in performing its functions and will charge to a revenue account for the year in accordance with proper practices,

(b)such allowance as the authority estimates will be appropriate for contingencies in relation to amounts to be charged or credited to a revenue account for the year in accordance with proper practices,

(c)the financial reserves which the authority estimates it will be appropriate to raise in the year for meeting its estimated future expenditure, and

(d)such financial reserves as are sufficient to meet so much of the amount estimated by the authority to be a revenue account deficit for any earlier financial year as has not already been provided for.

(3)The authority must calculate the aggregate of—

(a)the income which it estimates will accrue to it in the year and which it will credit to a revenue account for the year in accordance with proper practices, other than income which it estimates will accrue to it in respect of any precept issued by it, and

(b)the amount of the financial reserves which the authority estimates that it will use in order to provide for the items mentioned in paragraphs (a) and (b) of subsection (2) above.

(4)If the aggregate calculated under subsection (2) above exceeds that calculated under subsection (3) above, the authority must calculate the amount equal to the difference; and the amount so calculated is to be its council tax requirement for the year.

(5)For the purposes of subsection (2)(c) above an authority’s estimated future expenditure is—

(a)that which the authority estimates it will incur in the financial year following the year in question, will charge to a revenue account for the year in accordance with proper practices and will have to defray in the year before the following sums are sufficiently available, namely, sums—

(i)which will be payable to it for the year, and

(ii)in respect of which amounts will be credited to a revenue account for the year in accordance with proper practices, and

(b)that which the authority estimates it will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year in accordance with proper practices.

(6)This section is subject to section 52ZV below (which requires a direction to a local precepting authority that the referendum provisions in Chapter 4ZA are not to apply to the authority for a financial year to state the amount of the authority’s council tax requirement for the year).

49BSubstitute calculations

(1)A local precepting authority which has made calculations in accordance with section 49A 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 that section.

(2)None of the substitute calculations are to have any effect if the amount calculated under section 49A(4) above would exceed that so calculated in the previous calculations.

(3)Subsection (2) above does not apply if the previous calculation under subsection (4) of section 49A above has been quashed because of a failure to comply with that section in making the calculation.

79Council tax: minor and consequential amendments

Schedule 7 (council tax: minor and consequential amendments) has effect.

80Council tax revaluations in Wales

(1)The Local Government Finance Act 1992 is amended as follows.

(2)In section 22B(3) (new Welsh valuation lists to be prepared on earlier of tenth anniversary of compilation of previous list and 1 April in such year as may be specified by the Welsh Ministers) for the words from “the earlier” to the end substitute “1 April in each year specified by order made by the Welsh Ministers.”

(3)In section 22B (compilation and maintenance of new valuation lists) after subsection (11) insert—

(12)No order under subsection (3) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the National Assembly for Wales.

(4)In section 113(1) and (2) (orders and regulations may make differential and incidental etc provision) for “National Assembly for Wales” substitute “Welsh Ministers”.

(5)In section 113(2) for “, they or it thinks” substitute “or they think”.

(6)In section 113(4) (power of National Assembly for Wales to make orders or regulations is exercisable by statutory instrument) for “National Assembly for Wales” substitute “Welsh Ministers”.

CHAPTER 2Community right to challenge

81Duty to consider expression of interest

(1)A relevant authority must consider an expression of interest in accordance with this Chapter if—

(a)it is submitted to the authority by a relevant body, and

(b)it is made in writing and complies with such other requirements for expressions of interest as the Secretary of State may specify by regulations.

This is subject to section 82 (timing of expressions of interest).

(2)In this Chapter “relevant authority” means—

(a)a county council in England,

(b)a district council,

(c)a London borough council, or

(d)such other person or body carrying on functions of a public nature as the Secretary of State may specify by regulations.

(3)The persons or bodies who may be specified by regulations under subsection (2)(d) include a Minister of the Crown or a government department.

(4)In this Chapter “expression of interest”, in relation to a relevant authority, means an expression of interest in providing or assisting in providing a relevant service on behalf of the authority.

(5)In this Chapter “relevant service”, in relation to a relevant authority, means a service provided by or on behalf of that authority in the exercise of any of its functions in relation to England, other than a service of a kind specified in regulations made by the Secretary of State.

(6)In this Chapter “relevant body” means—

(a)a voluntary or community body,

(b)a body of persons or a trust which is established for charitable purposes only,

(c)a parish council,

(d)in relation to a relevant authority, two or more employees of that authority, or

(e)such other person or body as may be specified by the Secretary of State by regulations.

(7)For the purposes of subsection (6) “voluntary body” means a body, other than a public or local authority, the activities of which are not carried on for profit.

(8)The fact that a body’s activities generate a surplus does not prevent it from being a voluntary body for the purposes of subsection (6) so long as that surplus is used for the purposes of those activities or invested in the community.

(9)For the purposes of subsection (6) “community body” means a body, other than a public or local authority, that carries on activities primarily for the benefit of the community.

(10)The Secretary of State may by regulations—

(a)amend or repeal any of paragraphs (a) to (d) of subsection (6);

(b)amend or repeal any of subsections (7) to (9);

(c)make other amendments to this Chapter (including amendments to any power to make regulations) in consequence of provision made under subsection (2)(d) or (6)(e) or paragraph (a) or (b) of this subsection.

82Timing of expressions of interest

(1)Subject as follows, a relevant body may submit an expression of interest to a relevant authority at any time.

(2)A relevant authority may specify periods during which expressions of interest, or expressions of interest in respect of a particular relevant service, may be submitted to the authority.

(3)The relevant authority must publish details of each specification under subsection (2) in such manner as it thinks fit (which must include publication on the authority’s website).

(4)The relevant authority may refuse to consider an expression of interest submitted outside a period specified under subsection (2).

83Consideration of expression of interest

(1)The relevant authority must—

(a)accept the expression of interest, or

(b)reject the expression of interest.

This is subject to section 84(1) (modification of expression of interest).

(2)If the relevant authority accepts the expression of interest it must carry out a procurement exercise relating to the provision on behalf of the authority of the relevant service to which the expression of interest relates.

(3)The exercise required by subsection (2) must be such as is appropriate having regard to the value and nature of the contract that may be awarded as a result of the exercise.

(4)A relevant authority must specify—

(a)the minimum period that will elapse between—

(i)the date of the relevant authority’s decision to accept an expression of interest, and

(ii)the date on which it will begin the procurement exercise required by subsection (2) as a result of that acceptance, and

(b)the maximum period that will elapse between those dates.

(5)The relevant authority may specify different periods for different cases.

(6)The relevant authority must publish details of a specification under subsection (4) in such manner as it thinks fit (which must include publication on the authority’s website).

(7)The relevant authority must comply with a specification under subsection (4).

(8)A relevant authority must, in considering an expression of interest, consider whether acceptance of the expression of interest would promote or improve the social, economic or environmental well-being of the authority’s area.

(9)A relevant authority must, in carrying out the exercise referred to in subsection (2), consider how it might promote or improve the social, economic or environmental well-being of the authority’s area by means of that exercise.

(10)Subsection (9) applies only so far as is consistent with the law applying to the awarding of contracts for the provision on behalf of the authority of the relevant service in question.

(11)The relevant authority may reject the expression of interest only on one or more grounds specified by the Secretary of State by regulations.

84Consideration of expression of interest: further provisions

(1)A relevant authority that is considering an expression of interest from a relevant body may modify the expression of interest.

(2)A relevant authority may exercise the power in subsection (1) only if—

(a)the authority thinks that the expression of interest would not otherwise be capable of acceptance, and

(b)the relevant body agrees to the modification.

(3)A relevant authority must specify the maximum period that will elapse between—

(a)the date on which it receives an expression of interest submitted by a relevant body, and

(b)the date on which it notifies the relevant body of its decision in respect of the expression of interest.

(4)The relevant authority may specify different periods for different cases.

(5)The relevant authority must publish details of a specification under subsection (3) in such manner as it thinks fit (which must include publication on the authority’s website).

(6)A relevant authority that receives an expression of interest from a relevant body in accordance with this Chapter must notify the relevant body in writing of the period within which it expects to notify the relevant body of its decision in respect of the expression of interest.

(7)The relevant authority must give the notification under subsection (6)

(a)where the expression of interest is one to which a specification under section 82(2) relates and is made within a period so specified, within the period of 30 days beginning immediately after the end of the period so specified, or

(b)otherwise, within the period of 30 days beginning with the day on which the relevant authority receives the expression of interest.

(8)The relevant authority must—

(a)notify the relevant body in writing of its decision in respect of the expression of interest within the period specified by it under subsection (3), and

(b)if the authority’s decision is to modify or reject the expression of interest, give reasons for that decision in the notification.

(9)The relevant authority must publish the notification in such manner as it thinks fit (which must include publication on the authority’s website).

(10)A relevant body may withdraw an expression of interest after submitting it to a relevant authority (whether before or after a decision has been made by the authority in respect of the expression of interest).

(11)The withdrawal of an expression of interest, or the refusal of a relevant body to agree to modification of an expression of interest, does not prevent the relevant authority from proceeding as described in section 83(2) if the relevant authority thinks that it is appropriate to do so.

85Supplementary

(1)The Secretary of State may by regulations make further provision about the consideration by a relevant authority of an expression of interest submitted by a relevant body.

(2)A relevant authority must, in exercising its functions under or by virtue of this Chapter, have regard to guidance issued by the Secretary of State.

86Provision of advice and assistance

(1)The Secretary of State may do anything that the Secretary of State considers appropriate for the purpose of giving advice or assistance to a relevant body in relation to—

(a)the preparation of an expression of interest for submission to a relevant authority and its submission to a relevant authority,

(b)participation in a procurement exercise carried out by a relevant authority in response to an expression of interest, or

(c)the provision of a relevant service on behalf of a relevant authority following such a procurement exercise.

(2)The Secretary of State may do anything that the Secretary of State considers appropriate for the purpose of giving advice or assistance about the operation of this Chapter to a body or person other than a relevant body.

(3)The things that the Secretary of State may do under this section include, in particular—

(a)the provision of financial assistance to a relevant body;

(b)the making of arrangements with a body or person (whether or not a relevant body), including arrangements for things that may be done by the Secretary of State under this section to be done by that body or person;

(c)the provision of financial assistance to a body or person other than a relevant body in connection with arrangements under paragraph (b).

(4)In this section references to a relevant body include a body that the Secretary of State considers was formed wholly or partly by employees or former employees of the relevant authority for the purposes of, or for purposes including—

(a)participating in a procurement exercise carried out by the authority, or

(b)providing a relevant service on the authority’s behalf.

(5)In this section—

(a)the reference to giving advice or assistance includes providing training or education, and

(b)any reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity).

CHAPTER 3Assets of community value

List of assets of community value

87List of assets of community value

(1)A local authority must maintain a list of land in its area that is land of community value.

(2)The list maintained under subsection (1) by a local authority is to be known as its list of assets of community value.

(3)Where land is included in a local authority’s list of assets of community value, the entry for that land is to be removed from the list with effect from the end of the period of 5 years beginning with the date of that entry (unless the entry has been removed with effect from some earlier time in accordance with provision in regulations under subsection (5)).

(4)The appropriate authority may by order amend subsection (3) for the purpose of substituting, for the period specified in that subsection for the time being, some other period.

(5)The appropriate authority may by regulations make further provision in relation to a local authority’s list of assets of community value, including (in particular) provision about—

(a)the form in which the list is to be kept;

(b)contents of an entry in the list (including matters not to be included in an entry);

(c)modification of an entry in the list;

(d)removal of an entry from the list;

(e)cases where land is to be included in the list and—

(i)different parts of the land are in different ownership or occupation, or

(ii)there are multiple estates or interests in the land or any part or parts of it;

(f)combination of the list with the local authority’s list of land nominated by unsuccessful community nominations.

(6)Subject to any provision made by or under this Chapter, it is for a local authority to decide the form and contents of its list of assets of community value.

88Land of community value

(1)For the purposes of this Chapter but subject to regulations under subsection (3), a building or other land in a local authority’s area is land of community value if in the opinion of the authority—

(a)an actual current use of the building or other land that is not an ancillary use furthers the social wellbeing or social interests of the local community, and

(b)it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community.

(2)For the purposes of this Chapter but subject to regulations under subsection (3), a building or other land in a local authority’s area that is not land of community value as a result of subsection (1) is land of community value if in the opinion of the local authority—

(a)there is a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social wellbeing or interests of the local community, and

(b)it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community.

(3)The appropriate authority may by regulations—

(a)provide that a building or other land is not land of community value if the building or other land is specified in the regulations or is of a description specified in the regulations;

(b)provide that a building or other land in a local authority’s area is not land of community value if the local authority or some other person specified in the regulations considers that the building or other land is of a description specified in the regulations.

(4)A description specified under subsection (3) may be framed by reference to such matters as the appropriate authority considers appropriate.

(5)In relation to any land, those matters include (in particular)—

(a)the owner of any estate or interest in any of the land or in other land;

(b)any occupier of any of the land or of other land;

(c)the nature of any estate or interest in any of the land or in other land;

(d)any use to which any of the land or other land has been, is being or could be put;

(e)statutory provisions, or things done under statutory provisions, that have effect (or do not have effect) in relation to—

(i)any of the land or other land, or

(ii)any of the matters within paragraphs (a) to (d);

(f)any price, or value for any purpose, of any of the land or other land.

(6)In this section—

  • “legislation” means—

    (a)

    an Act, or

    (b)

    a Measure or Act of the National Assembly for Wales;

  • “social interests” includes (in particular) each of the following—

    (a)

    cultural interests;

    (b)

    recreational interests;

    (c)

    sporting interests;

  • “statutory provision” means a provision of—

    (a)

    legislation, or

    (b)

    an instrument made under legislation.

89Procedure for including land in list

(1)Land in a local authority’s area which is of community value may be included by a local authority in its list of assets of community value only—

(a)in response to a community nomination, or

(b)where permitted by regulations made by the appropriate authority.

(2)For the purposes of this Chapter “community nomination”, in relation to a local authority, means a nomination which—

(a)nominates land in the local authority’s area for inclusion in the local authority’s list of assets of community value, and

(b)is made—

(i)by a parish council in respect of land in England in the parish council’s area,

(ii)by a community council in respect of land in Wales in the community council’s area, or

(iii)by a person that is a voluntary or community body with a local connection.

(3)Regulations under subsection (1)(b) may (in particular) permit land to be included in a local authority’s list of assets of community value in response to a nomination other than a community nomination.

(4)The appropriate authority may by regulations make provision as to—

(a)the meaning in subsection (2)(b)(iii) of “voluntary or community body”;

(b)the conditions that have to be met for a person to have a local connection for the purposes of subsection (2)(b)(iii);

(c)the contents of community nominations;

(d)the contents of any other nominations which, as a result of regulations under subsection (1)(b), may give rise to land being included in a local authority’s list of assets of community value.

(5)The appropriate authority may by regulations make provision for, or in connection with, the procedure to be followed where a local authority is considering whether land should be included in its list of assets of community value.

90Procedure on community nominations

(1)This section applies if a local authority receives a community nomination.

(2)The authority must consider the nomination.

(3)The authority must accept the nomination if the land nominated—

(a)is in the authority’s area, and

(b)is of community value.

(4)If the authority is required by subsection (3) to accept the nomination, the authority must cause the land to be included in the authority’s list of assets of community value.

(5)The nomination is unsuccessful if subsection (3) does not require the authority to accept the nomination.

(6)If the nomination is unsuccessful, the authority must give, to the person who made the nomination, the authority’s written reasons for its decision that the land could not be included in its list of assets of community value.

91Notice of inclusion or removal

(1)Subsection (2) applies where land—

(a)is included in, or

(b)removed from,

a local authority’s list of assets of community value.

(2)The authority must give written notice of the inclusion or removal to the following persons—

(a)the owner of the land,

(b)the occupier of the land if the occupier is not also the owner,

(c)if the land was included in the list in response to a community nomination, the person who made the nomination, and

(d)any person specified, or of a description specified, in regulations made by the appropriate authority,

but where it appears to the authority that it is not reasonably practicable to give a notice under this subsection to a person to whom it is required to be given, the authority must instead take reasonable alternative steps for the purpose of bringing the notice to the person’s attention.

(3)A notice under subsection (2) of inclusion of land in the list must describe the provision made by and under this Chapter, drawing particular attention to—

(a)the consequences for the land and its owner of the land’s inclusion in the list, and

(b)the right to ask for review under section 92.

(4)A notice under subsection (2) of removal of land from the list must state the reasons for the removal.

92Review of decision to include land in list

(1)The owner of land included in a local authority’s list of assets of community value may ask the authority to review the authority’s decision to include the land in the list.

(2)If a request is made—

(a)under subsection (1), and

(b)in accordance with the time limits (if any) provided for in regulations under subsection (5),

the authority concerned must review its decision.

(3)Where under subsection (2) an authority reviews a decision, the authority must notify the person who asked for the review—

(a)of the decision on the review, and

(b)of the reasons for the decision.

(4)If the decision on a review under subsection (2) is that the land concerned should not have been included in the authority’s list of assets of community value—

(a)the authority must remove the entry for the land from the list, and

(b)where the land was included in the list in response to a community nomination—

(i)the nomination becomes unsuccessful, and

(ii)the authority must give a written copy of the reasons mentioned in subsection (3)(b) to the person who made the nomination.

(5)The appropriate authority may by regulations make provision as to the procedure to be followed in connection with a review under this section.

(6)Regulations under subsection (5) may (in particular) include—

(a)provision as to time limits;

(b)provision requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision;

(c)provision as to the circumstances in which the person asking for the review is entitled to an oral hearing, and whether and by whom that person may be represented at the hearing;

(d)provision for appeals against the decision on the review.

List of land nominated by unsuccessful community nominations

93List of land nominated by unsuccessful community nominations

(1)A local authority must maintain a list of land in its area that has been nominated by an unsuccessful community nomination (see sections 90(5) and 92(4)(b)(i)).

(2)The list maintained under subsection (1) by a local authority is to be known as its list of land nominated by unsuccessful community nominations.

(3)Where land is included in a local authority’s list of land nominated by unsuccessful community nominations, the entry in the list for the land—

(a)may (but need not) be removed from the list by the authority after it has been in the list for 5 years, and

(b)while it is in the list, is to include the reasons given under section 90(6) or 92(3)(b) for not including the land in the authority’s list of assets of community value.

(4)Subject to any provision made by or under this Chapter, it is for a local authority to decide the form and contents of its list of land nominated by unsuccessful community nominations.

Provisions common to both lists

94Publication and inspection of lists

(1)A local authority must publish—

(a)its list of assets of community value, and

(b)its list of land nominated by unsuccessful community nominations.

(2)A local authority must at a place in its area make available, for free inspection by any person, both—

(a)a copy of its list of assets of community value, and

(b)a copy of its list of land nominated by unsuccessful community nominations.

(3)A local authority must provide a free copy of its list of assets of community value to any person who asks it for a copy, but is not required to provide to any particular person more than one free copy of the same version of the list.

(4)A local authority must provide a free copy of its list of land nominated by unsuccessful community nominations to any person who asks it for a copy, but is not required to provide to any particular person more than one free copy of the same version of the list.

(5)In this section “free” means free of charge.

Moratorium on disposing of listed land

95Moratorium

(1)A person who is an owner of land included in a local authority’s list of assets of community value must not enter into a relevant disposal of the land unless each of conditions A to C is met.

(2)Condition A is that that particular person has notified the local authority in writing of that person’s wish to enter into a relevant disposal of the land.

(3)Condition B is that either—

(a)the interim moratorium period has ended without the local authority having received during that period, from any community interest group, a written request (however expressed) for the group to be treated as a potential bidder in relation to the land, or

(b)the full moratorium period has ended.

(4)Condition C is that the protected period has not ended.

(5)Subsection (1) does not apply in relation to a relevant disposal of land—

(a)if the disposal is by way of gift (including a gift to trustees of any trusts by way of settlement upon the trusts),

(b)if the disposal is by personal representatives of a deceased person in satisfaction of an entitlement under the will, or on the intestacy, of the deceased person,

(c)if the disposal is by personal representatives of a deceased person in order to raise money to—

(i)pay debts of the deceased person,

(ii)pay taxes,

(iii)pay costs of administering the deceased person’s estate, or

(iv)pay pecuniary legacies or satisfy some other entitlement under the will, or on the intestacy, of the deceased person,

(d)if the person, or one of the persons, making the disposal is a member of the family of the person, or one of the persons, to whom the disposal is made,

(e)if the disposal is a part-listed disposal of a description specified in regulations made by the appropriate authority, and for this purpose “part-listed disposal” means a disposal of an estate in land—

(i)part of which is land included in a local authority’s list of assets of community value, and

(ii)part of which is land not included in any local authority’s list of assets of community value,

(f)if the disposal is of an estate in land on which a business is carried on and is at the same time, and to the same person, as a disposal of that business as a going concern,

(g)if the disposal is occasioned by a person ceasing to be, or becoming, a trustee,

(h)if the disposal is by trustees of any trusts—

(i)in satisfaction of an entitlement under the trusts, or

(ii)in exercise of a power conferred by the trusts to re-settle trust property on other trusts,

(i)if the disposal is occasioned by a person ceasing to be, or becoming, a partner in a partnership, or

(j)in cases of a description specified in regulations made by the appropriate authority.

(6)In subsections (3) and (4)—

  • “community interest group” means a person specified, or of a description specified, in regulations made by the appropriate authority,

  • “the full moratorium period”, in relation to a relevant disposal, means the six months beginning with the date on which the local authority receives notification under subsection (2) in relation to the disposal,

  • “the interim moratorium period”, in relation to a relevant disposal, means the six weeks beginning with the date on which the local authority receives notification under subsection (2) in relation to the disposal, and

  • “the protected period”, in relation to a relevant disposal, means the eighteen months beginning with the date on which the local authority receives notification under subsection (2) in relation to the disposal.

(7)For the purposes of subsection (5)(d), a person (“M”) is a member of the family of another person if M is—

(a)that other person’s spouse or civil partner, or

(b)a lineal descendant of a grandparent of that other person.

(8)For the purposes of subsection (7)(b) a relationship by marriage or civil partnership is to be treated as a relationship by blood.

(9)For the meaning of “relevant disposal”, and for when a relevant disposal is entered into, see section 96.

96Meaning of “relevant disposal” etc in section 95

(1)This section applies for the purposes of section 95.

(2)A disposal of the freehold estate in land is a relevant disposal of the land if it is a disposal with vacant possession.

(3)A grant or assignment of a qualifying leasehold estate in land is a relevant disposal of the land if it is a grant or assignment with vacant possession.

(4)If a relevant disposal within subsection (2) or (3) is made in pursuance of a binding agreement to make it, the disposal is entered into when the agreement becomes binding.

(5)Subject to subsection (4), a relevant disposal within subsection (2) or (3) is entered into when it takes place.

(6)In this section “qualifying leasehold estate”, in relation to any land, means an estate by virtue of a lease of the land for a term which, when granted, had at least 25 years to run.

(7)The appropriate authority may by order amend this section.

97Publicising receipt of notice under section 95(2)

(1)This section applies if a local authority receives notice under section 95(2) in respect of land included in the authority’s list of assets of community value.

(2)The authority must cause the entry in the list for the land to reveal—

(a)that notice under section 95(2) has been received in respect of the land,

(b)the date when the authority received the notice, and

(c)the ends of the initial moratorium period, the full moratorium period and the protected period that apply under section 95 as a result of the notice.

(3)If the land is included in the list in response to a community nomination, the authority must give written notice, to the person who made the nomination, of the matters mentioned in subsection (2)(a), (b) and (c).

(4)The authority must make arrangements for those matters to be publicised in the area where the land is situated.

98Informing owner of request to be treated as bidder

(1)Subsection (2) applies if—

(a)after a local authority has received notice under section 95(2) in respect of land included in the authority’s list of assets of community value, and

(b)before the end of the interim moratorium period that applies under section 95 as a result of the notice,

the authority receives from a community interest group a written request (however expressed) for the group to be treated as a potential bidder in relation to the land.

(2)The authority must, as soon after receiving the request as is practicable, either pass on the request to the owner of the land or inform the owner of the details of the request.

(3)In this section “community interest group” means a person who is a community interest group for the purposes of section 95(3) as a result of regulations made under section 95(6) by the appropriate authority.

99Compensation

(1)The appropriate authority may by regulations make provision for the payment of compensation in connection with the operation of this Chapter.

(2)Regulations under subsection (1) may (in particular)—

(a)provide for any entitlement conferred by the regulations to apply only in cases specified in the regulations;

(b)provide for any entitlement conferred by the regulations to be subject to conditions, including conditions as to time limits;

(c)make provision about—

(i)who is to pay compensation payable under the regulations;

(ii)who is to be entitled to compensation under the regulations;

(iii)what compensation under the regulations is to be paid in respect of;

(iv)the amount, or calculation, of compensation under the regulations;

(v)the procedure to be followed in connection with claiming compensation under the regulations;

(vi)the review of decisions made under the regulations;

(vii)appeals against decisions made under the regulations.

Miscellaneous

100Local land charge

If land is included in a local authority’s list of assets of community value—

(a)inclusion in the list is a local land charge, and

(b)that authority is the originating authority for the purposes of the Local Land Charges Act 1975.

101Enforcement

(1)The appropriate authority may by regulations make provision—

(a)with a view to preventing, or reducing the likelihood of, contraventions of section 95(1);

(b)as to the consequences applicable in the event of contraventions of section 95(1).

(2)The provision that may be made under subsection (1) includes (in particular)—

(a)provision for transactions entered into in breach of section 95(1) to be set aside or to be ineffective;

(b)provision about entries on registers relating to land.

(3)The provision that may be made under subsection (1) includes provision amending—

(a)legislation, or

(b)an instrument made under legislation.

(4)In subsection (3) “legislation” means—

(a)an Act, or

(b)a Measure or Act of the National Assembly for Wales.

102Co-operation

If different parts of any land are in different local authority areas, the local authorities concerned must co-operate with each other in carrying out functions under this Chapter in relation to the land or any part of it.

103Advice and assistance in relation to land of community value in England

(1)The Secretary of State may do anything that the Secretary of State considers appropriate for the purpose of giving advice or assistance—

(a)to anyone in relation to doing any of the following—

(i)taking steps under or for purposes of provision contained in, or made under, this Chapter so far as applying in relation to England, or

(ii)preparing to, or considering or deciding whether to, take steps within sub-paragraph (i), or

(b)to a community interest group in relation to doing any of the following—

(i)bidding for, or acquiring, land in England that is included in a local authority’s list of assets of community value,

(ii)preparing to, or considering or deciding whether or how to, bid for or acquire land within sub-paragraph (i), or

(iii)preparing to, or considering or deciding whether or how to, bring land within sub-paragraph (i) into effective use.

(2)The things that the Secretary of State may do under this section include, in particular—

(a)the provision of financial assistance to any body or other person;

(b)the making of arrangements with a body or other person, including arrangements for things that may be done by the Secretary of State under this section to be done by that body or other person.

(3)In this section—

(a)the reference to giving advice or assistance includes providing training or education,

(b)“community interest group” means a person who is a community interest group for the purposes of section 95(3) as a result of regulations made under section 95(6) by the Secretary of State, and

(c)the reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity).

104Advice and assistance in relation to land of community value in Wales

(1)The Welsh Ministers may do anything that they consider appropriate for the purpose of giving advice or assistance—

(a)to anyone in relation to doing any of the following—

(i)taking steps under or for purposes of provision contained in, or made under, this Chapter so far as applying in relation to Wales, or

(ii)preparing to, or considering or deciding whether to, take steps within sub-paragraph (i), or

(b)to a community interest group in relation to doing any of the following—

(i)bidding for, or acquiring, land in Wales that is included in a local authority’s list of assets of community value,

(ii)preparing to, or considering or deciding whether or how to, bid for or acquire land within sub-paragraph (i), or

(iii)preparing to, or considering or deciding whether or how to, bring land within sub-paragraph (i) into effective use.

(2)The things that the Welsh Ministers may do under this section include, in particular—

(a)the provision of financial assistance to any body or other person;

(b)the making of arrangements with a body or other person, including arrangements for things that may be done by the Welsh Ministers under this section to be done by that body or other person.

(3)In this section—

(a)the reference to giving advice or assistance includes providing training or education,

(b)“community interest group” means a person who is a community interest group for the purposes of section 95(3) as a result of regulations made under section 95(6) by the Welsh Ministers, and

(c)the reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity).

105Crown application

This Chapter binds the Crown.

Interpretation of Chapter

106Meaning of “local authority”

(1)In this Chapter “local authority” in relation to England means—

(a)a district council,

(b)a county council for an area in England for which there are no district councils,

(c)a London borough council,

(d)the Common Council of the City of London, or

(e)the Council of the Isles of Scilly.

(2)The Secretary of State may by order amend this section for the purpose of changing the meaning in this Chapter of “local authority” in relation to England.

(3)In this Chapter “local authority” in relation to Wales means—

(a)a county council in Wales, or

(b)a county borough council.

(4)The Welsh Ministers may by order amend this section for the purpose of changing the meaning in this Chapter of “local authority” in relation to Wales.

107Meaning of “owner”

(1)In this Chapter “owner”, in relation to land, is to be read as follows.

(2)The owner of any land is the person in whom the freehold estate in the land is vested, but not if there is a qualifying leasehold estate in the land.

(3)If there is just one qualifying leasehold estate in any land, the owner of the land is the person in whom that estate is vested.

(4)If there are two or more qualifying leasehold estates in the same land, the owner of the land is the person in whom is vested the qualifying leasehold estate that is more or most distant (in terms of the number of intervening leasehold estates) from the freehold estate.

(5)In this section “qualifying leasehold estate”, in relation to any land, means an estate by virtue of a lease of the land for a term which, when granted, had at least 25 years to run.

(6)The appropriate authority may by order amend this section—

(a)for the purpose of changing the definition of “owner” for the time being given by this section;

(b)for the purpose of defining “owner” for the purposes of this Chapter in a case where, for the time being, this section does not define that expression.

108Interpretation of Chapter: general

(1)In this Chapter—

  • “appropriate authority”—

    (a)

    in relation to England means the Secretary of State, and

    (b)

    in relation to Wales means the Welsh Ministers;

  • “building” includes part of a building;

  • “community nomination” has the meaning given by section 89(2);

  • “land” includes—

    (a)

    part of a building,

    (b)

    part of any other structure, and

    (c)

    mines and minerals, whether or not held with the surface;

  • “land of community value” is to be read in accordance with section 88;

  • “local authority” is to be read in accordance with section 106;

  • “owner”, in relation to any land, is to read in accordance with section 107;

  • “unsuccessful”, in relation to a community nomination, has the meaning given by sections 90(5) and 92(4)(b)(i).

(2)For the meaning of “list of assets of community value” see section 87(2).

(3)For the meaning of “list of land nominated by unsuccessful community nominations” see section 93(2).

PART 6Planning

CHAPTER 1Plans and strategies

109Abolition of regional strategies

(1)The following provisions are repealed—

(a)sections 70(5), 82(1) and (2) and 83 of the Local Democracy, Economic Development and Construction Act 2009 (interpretation and effect of regional strategies), and

(b)the remaining provisions of Part 5 of that Act (regional strategy).

(2)Subsection (1)(b) does not apply to—

(a)section 85(1) (consequential provision) of that Act,

(b)Schedule 5 to that Act (regional strategy: amendments) (but see Part 16 of Schedule 25 to this Act), or

(c)Part 4 of Schedule 7 to that Act (regional strategy: repeals).

(3)The Secretary of State may by order revoke the whole or any part of a regional strategy under Part 5 of that Act.

(4)An order under subsection (3) may, in particular, revoke all of the regional strategies (or all of the remaining regional strategies) under Part 5 of that Act.

(5)The Secretary of State may by order revoke the whole or any part of a direction under paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 (directions preserving development plan policies) if and so far as it relates to a policy contained in a structure plan.

(6)An order under subsection (5) may, in particular, revoke all directions (or all remaining directions) under paragraph 1(3) of that Schedule so far as they relate to policies contained in structure plans.

(7)Schedule 8 (which contains amendments that are consequential on this section) has effect.

110Duty to co-operate in relation to planning of sustainable development

(1)In Part 2 of the Planning and Compulsory Purchase Act 2004 (local development) after section 33 insert—

33ADuty to co-operate in relation to planning of sustainable development

(1)Each person who is—

(a)a local planning authority,

(b)a county council in England that is not a local planning authority, or

(c)a body, or other person, that is prescribed or of a prescribed description,

must co-operate with every other person who is within paragraph (a), (b) or (c) or subsection (9) in maximising the effectiveness with which activities within subsection (3) are undertaken.

(2)In particular, the duty imposed on a person by subsection (1) requires the person—

(a)to engage constructively, actively and on an ongoing basis in any process by means of which activities within subsection (3) are undertaken, and

(b)to have regard to activities of a person within subsection (9) so far as they are relevant to activities within subsection (3).

(3)The activities within this subsection are—

(a)the preparation of development plan documents,

(b)the preparation of other local development documents,

(c)the preparation of marine plans under the Marine and Coastal Access Act 2009 for the English inshore region, the English offshore region or any part of either of those regions,

(d)activities that can reasonably be considered to prepare the way for activities within any of paragraphs (a) to (c) that are, or could be, contemplated, and

(e)activities that support activities within any of paragraphs (a) to (c),

so far as relating to a strategic matter.

(4)For the purposes of subsection (3), each of the following is a “strategic matter”—

(a)sustainable development or use of land that has or would have a significant impact on at least two planning areas, including (in particular) sustainable development or use of land for or in connection with infrastructure that is strategic and has or would have a significant impact on at least two planning areas, and

(b)sustainable development or use of land in a two-tier area if the development or use—

(i)is a county matter, or

(ii)has or would have a significant impact on a county matter.

(5)In subsection (4)—

  • “county matter” has the meaning given by paragraph 1 of Schedule 1 to the principal Act (ignoring sub-paragraph 1(1)(i)),

  • “planning area” means—

    (a)

    the area of—

    (i)

    a district council (including a metropolitan district council),

    (ii)

    a London borough council, or

    (iii)

    a county council in England for an area for which there is no district council,

    but only so far as that area is neither in a National Park nor in the Broads,

    (b)

    a National Park,

    (c)

    the Broads,

    (d)

    the English inshore region, or

    (e)

    the English offshore region, and

  • “two-tier area” means an area—

    (a)

    for which there is a county council and a district council, but

    (b)

    which is not in a National Park.

(6)The engagement required of a person by subsection (2)(a) includes, in particular—

(a)considering whether to consult on and prepare, and enter into and publish, agreements on joint approaches to the undertaking of activities within subsection (3), and

(b)if the person is a local planning authority, considering whether to agree under section 28 to prepare joint local development documents.

(7)A person subject to the duty under subsection (1) must have regard to any guidance given by the Secretary of State about how the duty is to be complied with.

(8)A person, or description of persons, may be prescribed for the purposes of subsection (1)(c) only if the person, or persons of that description, exercise functions for the purposes of an enactment.

(9)A person is within this subsection if the person is a body, or other person, that is prescribed or of a prescribed description.

(10)In this section—

  • “the English inshore region” and “the English offshore region” have the same meaning as in the Marine and Coastal Access Act 2009, and

  • “land” includes the waters within those regions and the bed and subsoil of those waters.

(2)In section 16 of the Planning and Compulsory Purchase Act 2004 (applying Part 2 for purposes of a county council’s minerals and waste development scheme) after subsection (4) insert—

(5)Also, subsection (3)(b) does not apply to section 33A(1)(a) and (b).

(3)In section 20(5) of the Planning and Compulsory Purchase Act 2004 (development plan documents: purpose of independent examination) after paragraph (b) insert ; and

(c)whether the local planning authority complied with any duty imposed on the authority by section 33A in relation to its preparation.

111Local development schemes

(1)Section 15 of the Planning and Compulsory Purchase Act 2004 (preparation, revision and promulgation of local development schemes) is amended as follows.

(2)Omit subsection (3) (requirements as to preparation of schemes).

(3)In subsection (4) (Secretary of State or Mayor of London may direct that scheme be amended) after “thinks appropriate” insert “for the purpose of ensuring effective coverage of the authority’s area by the development plan documents (taken as a whole) for that area”.

(4)In subsection (6A)(b) (provision about directions given by Mayor of London under subsection (4)) for “the scheme is not to be brought into effect” substitute “effect is not to be given to the direction”.

(5)For subsection (7) (regulations about publicity, inspection and bringing schemes into effect) substitute—

(7)To bring the scheme into effect, the local planning authority must resolve that the scheme is to have effect and in the resolution specify the date from which the scheme is to have effect.

(6)After subsection (8A) insert—

(8AA)A direction may be given under subsection (8)(b) only if the person giving the direction thinks that revision of the scheme is necessary for the purpose of ensuring effective coverage of the authority’s area by the development plan documents (taken as a whole) for that area.

(7)After subsection (9) insert—

(9A)The local planning authority must make the following available to the public—

(a)the up-to-date text of the scheme,

(b)a copy of any amendments made to the scheme, and

(c)up-to-date information showing the state of the authority’s compliance (or non-compliance) with the timetable mentioned in subsection (2)(f).

112Adoption and withdrawal of development plan documents

(1)The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2)For section 20(7) (independent examiner must make recommendations with reasons) substitute—

(7)Where the person appointed to carry out the examination—

(a)has carried it out, and

(b)considers that, in all the circumstances, it would be reasonable to conclude—

(i)that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, and

(ii)that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document’s preparation,

the person must recommend that the document is adopted and give reasons for the recommendation.

(7A)Where the person appointed to carry out the examination—

(a)has carried it out, and

(b)is not required by subsection (7) to recommend that the document is adopted,

the person must recommend non-adoption of the document and give reasons for the recommendation.

(7B)Subsection (7C) applies where the person appointed to carry out the examination—

(a)does not consider that, in all the circumstances, it would be reasonable to conclude that the document satisfies the requirements mentioned in subsection (5)(a) and is sound, but

(b)does consider that, in all the circumstances, it would be reasonable to conclude that the local planning authority complied with any duty imposed on the authority by section 33A in relation to the document’s preparation.

(7C)If asked to do so by the local planning authority, the person appointed to carry out the examination must recommend modifications of the document that would make it one that—

(a)satisfies the requirements mentioned in subsection (5)(a), and

(b)is sound.

(3)For section 23(2) and (3) (adoption of development plan documents, whether as prepared or with modifications, must be in accordance with independent examiner’s recommendations) substitute—

(2)If the person appointed to carry out the independent examination of a development plan document recommends that it is adopted, the authority may adopt the document—

(a)as it is, or

(b)with modifications that (taken together) do not materially affect the policies set out in it.

(2A)Subsection (3) applies if the person appointed to carry out the independent examination of a development plan document—

(a)recommends non-adoption, and

(b)under section 20(7C) recommends modifications (“the main modifications”).

(3)The authority may adopt the document—

(a)with the main modifications, or

(b)with the main modifications and additional modifications if the additional modifications (taken together) do not materially affect the policies that would be set out in the document if it was adopted with the main modifications but no other modifications.

(4)Omit section 22(2) (development plan document not to be withdrawn once submitted for independent examination unless examiner or Secretary of State directs that it be withdrawn).

(5)In section 21 (intervention by Secretary of State) after subsection (9) insert—

(9A)The Secretary of State may at any time—

(a)after a development plan document has been submitted for independent examination under section 20, but

(b)before it is adopted under section 23,

direct the local planning authority to withdraw the document.

(6)The amendments made by subsections (2) and (3) apply in relation to all adoptions of development plan documents that take place after the coming into force of those subsections, including an adoption where steps in relation to the document have taken place before then.

113Local development: monitoring reports

(1)Section 35 of the Planning and Compulsory Purchase Act 2004 (local planning authority must make annual report to Secretary of State) is amended as follows.

(2)Omit subsection (1) (duty to make annual report).

(3)In subsection (2) (contents of annual report) for “The annual report must contain” substitute “Every local planning authority must prepare reports containing”.

(4)In subsection (3) (rules about annual reports) for the words from the beginning to the end of paragraph (b) substitute—

A report under subsection (2) must—

(a)be in respect of a period—

(i)which the authority considers appropriate in the interests of transparency,

(ii)which begins with the end of the period covered by the authority’s most recent report under subsection (2), and

(iii)which is not longer than 12 months or such shorter period as is prescribed;.

(5)After subsection (3) insert—

(4)The authority must make the authority’s reports under this section available to the public.

(6)In the heading for “Annual” substitute “Authorities’” and for “report” substitute “reports”.

CHAPTER 2Community Infrastructure Levy

114Community Infrastructure Levy: approval of charging schedules

(1)The Planning Act 2008 is amended as follows.

(2)In section 211 (amount of levy) after subsection (7) insert—

(7A)A charging authority must use appropriate available evidence to inform the charging authority’s preparation of a charging schedule.

(7B)CIL regulations may make provision about the application of subsection (7A) including, in particular—

(a)provision as to evidence that is to be taken to be appropriate,

(b)provision as to evidence that is to be taken to be not appropriate,

(c)provision as to evidence that is to be taken to be available,

(d)provision as to evidence that is to be taken to be not available,

(e)provision as to how evidence is, and as to how evidence is not, to be used,

(f)provision as to evidence that is, and as to evidence that is not, to be used,

(g)provision as to evidence that may, and as to evidence that need not, be used, and

(h)provision as to how the use of evidence is to inform the preparation of a charging schedule.

(3)For section 212(4) to (7) (draft must be accompanied by declaration of compliance with requirements, and examiner must consider the requirements and make recommendations with reasons) substitute—

(4)In this section and sections 212A and 213 “the drafting requirements” means the requirements of this Part and CIL regulations (including the requirements to have regard to the matters listed in section 211(2) and (4)), so far as relevant to the drafting of the schedule.

(7)The examiner must consider whether the drafting requirements have been complied with and—

(a)make recommendations in accordance with section 212A, and

(b)give reasons for the recommendations.

(4)After section 212 insert—

212ACharging schedule: examiner’s recommendations

(1)This section applies in relation to the examination, under section 212, of a draft charging schedule.

(2)If the examiner considers—

(a)that there is any respect in which the drafting requirements have not been complied with, and

(b)that the non-compliance with the drafting requirements cannot be remedied by the making of modifications to the draft,

the examiner must recommend that the draft be rejected.

(3)Subsection (4) applies if the examiner considers—

(a)that there is any respect in which the drafting requirements have not been complied with, and

(b)that the non-compliance with the drafting requirements could be remedied by the making of modifications to the draft.

(4)The examiner must—

(a)specify the respects in which the drafting requirements have not been complied with,

(b)recommend modifications that the examiner considers sufficient and necessary to remedy that non-compliance, and

(c)recommend that the draft be approved with—

(i)those modifications, or

(ii)other modifications sufficient and necessary to remedy that non-compliance.

(5)Subject to subsections (2) to (4), the examiner must recommend that the draft be approved.

(6)If the examiner makes recommendations under subsection (4), the examiner may recommend other modifications with which the draft should be approved in the event that it is approved.

(7)If the examiner makes recommendations under subsection (5), the examiner may recommend modifications with which the draft should be approved in the event that it is approved.

(5)For section 213(1) (charging authority has to follow examiner’s recommendations when approving charging schedule) substitute—

(1)A charging authority may approve a charging schedule only if—

(a)the examiner makes recommendations under section 212A(4) or (5), and

(b)the charging authority has had regard to those recommendations and the examiner’s reasons for them.

(1A)Accordingly, a charging authority may not approve a charging schedule if, under section 212A(2), the examiner recommends rejection.

(1B)If the examiner makes recommendations under section 212A(4), the charging authority may approve the charging schedule only if it does so with modifications that are sufficient and necessary to remedy the non-compliance specified under section 212A(4)(a) (although those modifications need not be the ones recommended under section 212A(4)(b)).

(1C)If a charging authority approves a charging schedule, it may do so with all or none, or some one or more, of the modifications (if any) recommended under section 212A(6) or (7).

(1D)The modifications with which a charging schedule may be approved include only—

(a)modifications required by subsection (1B), and

(b)modifications allowed by subsection (1C).

(6)In section 213 (approval of charging schedules) after subsection (3) insert—

(3A)Subsection (3B) applies if—

(a)the examiner makes recommendations under section 212A(4), and

(b)the charging schedule is approved by the charging authority.

(3B)The charging authority must publish a report setting out how the charging schedule as approved remedies the non-compliance specified under section 212A(4)(a).

(3C)CIL regulations may make provision about the form or contents of a report under subsection (3B).

(7)In section 213 after subsection (4) insert—

(5)In this section “examiner” means examiner under section 212.

(8)The amendments made by this section do not apply in relation to cases where an examiner submits recommendations to a charging authority before the coming into force of this section, but subject to that the cases in relation to which the amendments apply include a case in which steps in relation to the charging schedule have been taken before then.

115Use of Community Infrastructure Levy

(1)The Planning Act 2008 is amended as follows.

(2)In section 205(2) (requirement to aim to ensure that overall purpose of the levy is to ensure that costs of providing infrastructure to support development of an area can be funded by owners or developers of land)—

(a)for “providing infrastructure to support” substitute “supporting”, and

(b)after “land” insert “in a way that does not make development of the area economically unviable”.

(3)In the Table in section 205(3) (which describes the provisions of the Part) for “Section 216” substitute “Sections 216 to 216B”.

(4)In section 211(4) (particular provision that may be included in regulations about setting rates, or other criteria, by reference to which the amount of levy chargeable is to be determined) after paragraph (a) insert—

(aa)to have regard, to the extent and in the manner specified by the regulations, to actual and expected costs of anything other than infrastructure that is concerned with addressing demands that development places on an area (whether by reference to lists prepared by virtue of section 216(5)(a) or otherwise);

(ab)to have regard, to the extent and in the manner specified by the regulations, to other actual and expected sources of funding for anything other than infrastructure that is concerned with addressing demands that development places on an area;.

(5)In section 216 (application of levy)—

(a)in subsection (1) (levy to be used to fund infrastructure, or pay compensation under section 219)—

(i)for “section” substitute “sections 216A(1), 216B(2) and”, and

(ii)for “funding infrastructure” substitute “supporting development by funding the provision, improvement, replacement, operation or maintenance of infrastructure”,

(b)in subsection (2) (meaning of “infrastructure” in subsection (1)) for “subsection (1)” substitute “this section (except subsection (3)) and sections 216A(2) and 216B(2)”,

(c)in subsection (4)(a) (power to specify facilities that are to be, or not to be, funded) for “that are to be, or not to” substitute “whose provision, improvement or replacement may or is to be, or may not”,

(d)in subsection (4) (matters that may be specified by regulations) after paragraph (a) insert—

(aa)maintenance activities and operational activities (including operational activities of a promotional kind) in connection with infrastructure that may or are to be, or may not be, funded by CIL,

(ab)things within section 216A(2)(b) that may or are to be, or may not be, funded by CIL passed to a person in discharge of a duty under section 216A(1),

(ac)things within section 216B(2)(b) that may or are to be, or may not be, funded by CIL to which provision under section 216B(2) relates,,

(e)in subsection (4)(b) (power to specify criteria for determining areas in relation to which infrastructure may be funded) for “in relation to which infrastructure may be funded” substitute “that may benefit from funding”,

(f)in subsection (5)(a) (power to require authorities to list projects that are to be, or may be, funded) for “projects that are” substitute “what is”,

(g)in subsection (5)(c) (power to make provision about funding projects not on list) for “projects” substitute “anything”,

(h)in subsection (6)(b) (regulations about funding may permit levy to be reserved for expenditure on future projects) for “on future projects” substitute “in the future”,

(i)in subsection (6)(c) (regulations may permit funding of administrative expenses in connection with infrastructure) after “infrastructure” insert “or anything within section 216A(2)(b) or 216B(2)(b)”, and

(j)in subsection (6)(e) (regulations may make provision for the use of funding where the projects to be funded no longer require funding)—

(i)for “the projects” substitute “anything”, and

(ii)for “require” substitute “requires”.

(6)After section 216 insert—

216ADuty to pass receipts to other persons

(1)CIL regulations may require that CIL received in respect of development of land in an area is to be passed by the charging authority that charged the CIL to a person other than that authority.

(2)CIL regulations must contain provision to secure that money passed to a person in discharge of a duty under subsection (1) is used to support the development of the area to which the duty relates, or of any part of that area, by funding—

(a)the provision, improvement, replacement, operation or maintenance of infrastructure, or

(b)anything else that is concerned with addressing demands that development places on an area.

(3)A duty under subsection (1) may relate to—

(a)the whole of a charging authority’s area or the whole of the combined area of two or more charging authorities, or

(b)part only of such an area or combined area.

(4)CIL regulations may make provision about the persons to whom CIL may or must, or may not, be passed in discharge of a duty under subsection (1).

(5)A duty under subsection (1) may relate—

(a)to all CIL (if any) received in respect of the area to which the duty relates, or

(b)such part of that CIL as is specified in, or determined under or in accordance with, CIL regulations.

(6)CIL regulations may make provision in connection with the timing of payments in discharge of a duty under subsection (1).

(7)CIL regulations may, in relation to CIL passed to a person in discharge of a duty under subsection (1), make provision about—

(a)accounting for the CIL,

(b)monitoring its use,

(c)reporting on its use,

(d)responsibilities of charging authorities for things done by the person in connection with the CIL,

(e)recovery of the CIL, and any income or profits accruing in respect of it or from its application, in cases where—

(i)anything to be funded by it has not been provided, or

(ii)it has been misapplied,

including recovery of sums or other assets representing it or any such income or profits, and

(f)use of anything recovered in cases where—

(i)anything to be funded by the CIL has not been provided, or

(ii)the CIL has been misapplied.

(8)This section does not limit section 216(7)(f).

216BUse of CIL in an area to which section 216A(1) duty does not relate

(1)Subsection (2) applies where—

(a)there is an area to which a particular duty under section 216A(1) relates, and

(b)there is also an area to which that duty does not relate (“the uncovered area”).

(2)CIL regulations may provide that the charging authority that charges CIL received in respect of development of land in the uncovered area may apply the CIL, or cause it to be applied, to—

(a)support development by funding the provision, improvement, replacement, operation or maintenance of infrastructure, or

(b)support development of the uncovered area, or of any part of that area, by funding anything else that is concerned with addressing demands that development places on an area.

(3)Provision under subsection (2) may relate to the whole, or part only, of the uncovered area.

(4)Provision under subsection (2) may relate—

(a)to all CIL (if any) received in respect of the area to which the provision relates, or

(b)such part of that CIL as is specified in, or determined under or in accordance with, CIL regulations.

CHAPTER 3Neighbourhood planning

116Neighbourhood planning

(1)Schedule 9 (which makes provision about neighbourhood development orders and neighbourhood development plans) has effect.

(2)After Schedule 4A to the Town and Country Planning Act 1990 insert the Schedule 4B set out in Schedule 10 to this Act.

(3)After the inserted Schedule 4B to that Act insert the Schedule 4C set out in Schedule 11 to this Act.

117Charges for meeting costs relating to neighbourhood planning

(1)The Secretary of State may with the consent of the Treasury make regulations providing for the imposition of charges for the purpose of meeting expenses incurred (or expected to be incurred) by local planning authorities in, or in connection with, the exercise of their neighbourhood planning functions.

(2)A local planning authority’s “neighbourhood planning functions” are any of their functions exercisable under any provision made by or under—

(a)any of sections 61E to 61Q of, or Schedule 4B or 4C to, the Town and Country Planning Act 1990 (neighbourhood development orders),

(b)any of sections 38A to 38C of the Planning and Compulsory Purchase Act 2004 (neighbourhood development plans), or

(c)this section.

(3)The regulations must secure—

(a)that the charges are payable in relation to development for which planning permission is granted by a neighbourhood development order made under section 61E of the Town and Country Planning Act 1990,

(b)that the charges become payable when the development is commenced (determined in accordance with the regulations), and

(c)that the charges are payable to local planning authorities.

(4)The regulations may authorise local planning authorities to set the amount of charges imposed by the regulations; and, if so, the regulations may—

(a)provide for the charges not to be payable at any time unless at that time a document (a “charging document”) has been published by the authority setting out the amounts chargeable under the regulations in relation to development in their area,

(b)make provision about the approval and publication of a charging document,

(c)prescribe matters to which the authorities must have regard in setting the charges,

(d)require the authorities, in setting the charges, to disregard such expenditure expected to be incurred as mentioned in subsection (1) as falls within a description prescribed by the regulations,

(e)authorise the authorities to set different charges for different cases, circumstances or areas (either generally or only to the extent specified in the regulations), and

(f)authorise the authorities to make exceptions (either generally or only to the extent specified in the regulations).

(5)The regulations must make provision about liability to pay a charge imposed by the regulations.

(6)The regulations may make provision—

(a)enabling any person to assume (in accordance with any procedural provision made by the regulations) the liability to pay a charge imposed by the regulations before it becomes payable,

(b)about assumption of partial liability,

(c)about the withdrawal of assumption of liability,

(d)about the cancellation by a local planning authority of assumption of liability,

(e)for the owner or developer of land to be liable to pay the charge in cases prescribed by the regulations,

(f)about joint liability (with or without several liability),

(g)about liability of partnerships,

(h)about apportionment of liability, including provision for referral to a specified body or other person for determination and provision for appeals, and

(i)about transfer of liability (whether before or after the charge becomes due and whether or not liability has been assumed).

(7)In subsection (6)(e)

(a)“owner” of land means a person who owns an interest in land, and

(b)“developer” means a person who is wholly or partly responsible for carrying out a development.

(8)The provision for appeals that may be made as a result of subsection (6)(h) includes provision about—

(a)the period within which the right of appeal may be exercised,

(b)the procedure on appeals, and

(c)the payment of fees, and award of costs, in relation to appeals (including provision requiring local planning authorities to bear expenses incurred in connection with appeals).

118Regulations under section 117: collection and enforcement

(1)Regulations under section 117 must include provision about the collection of charges imposed by the regulations.

(2)The regulations may make provision—

(a)for payment on account or by instalments,

(b)about repayment (with or without interest) in cases of overpayment, and

(c)about the source of payments in respect of a Crown interest or Duchy interest (within the meaning of section 227(3) or (4) of the Planning Act 2008).

(3)Regulations under section 117 must include provision about enforcement of charges imposed by the regulations; and that provision must include provision—

(a)for a charge (or other amount payable under the regulations) to be treated as a civil debt due to a local planning authority, and

(b)for the debt to be recoverable summarily.

(4)The regulations may make provision—

(a)about the consequences of failure to assume liability, to give a notice or to comply with another procedure under the regulations,

(b)for the payment of interest (at a rate specified in, or determined in accordance with, the regulations),

(c)for the imposition of a penalty or surcharge (of an amount specified in, or determined in accordance with, the regulations),

(d)replicating or applying (with or without modifications) any provision made by any of sections 324 to 325A of the Town and Country Planning Act 1990 (rights of entry), and

(e)for enforcement in the case of death or insolvency of a person liable for the charge.

119Regulations under section 117: supplementary

(1)Regulations under section 117 may make provision about procedures to be followed in connection with charges imposed by the regulations.

(2)The regulations may make provision about—

(a)procedures to be followed by a local planning authority proposing to start or stop imposing a charge,

(b)procedures to be followed by a local planning authority in relation to the imposition of a charge,

(c)the arrangements of a local planning authority for the making of any decision prescribed by the regulations,

(d)consultation,

(e)the publication or other treatment of reports,

(f)timing and methods of publication,

(g)making documents available for inspection,

(h)providing copies of documents (with or without charge),

(i)the form and content of documents,

(j)giving notice,

(k)serving notices or other documents, and

(l)procedures to be followed in connection with actual or potential liability for a charge.

(3)Provision made by the regulations as a result of subsection (2)(c) 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).

(4)Regulations under section 117 may make provision binding the Crown.

(5)Regulations under section 117 may make—

(a)provision applying any enactment (with or without modifications), and

(b)provision for exceptions.

(6)A local planning authority must have regard to any guidance issued by the Secretary of State in the exercise of any of their functions under regulations under section 117.

(7)For the purposes of sections 117 and 118 and this section “local planning authority” means an authority that have made or have power to make—

(a)a neighbourhood development order under section 61E of the Town and Country Planning Act 1990, or

(b)a neighbourhood development plan under section 38A of the Planning and Compulsory Purchase Act 2004.

(8)Nothing in section 117, 118 or this section that authorises the inclusion of any particular kind of provision in regulations under section 117 is to be read as restricting the generality of the provision that may be included in the regulations.

120Financial assistance in relation to neighbourhood planning

(1)The Secretary of State may do anything that the Secretary of State considers appropriate—

(a)for the purpose of publicising or promoting the making of neighbourhood development orders or neighbourhood development plans and the benefits expected to arise from their making, or

(b)for the purpose of giving advice or assistance to anyone in relation to the making of proposals for such orders or plans or the doing of anything else for the purposes of, or in connection with, such proposals or such orders or plans.

(2)The things that the Secretary of State may do under this section include, in particular—

(a)the provision of financial assistance (or the making of arrangements for its provision) to any body or other person, and

(b)the making of agreements or other arrangements with any body or other person (under which payments may be made to the person).

(3)In this section—

(a)the reference to giving advice or assistance includes providing training or education,

(b)any reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity),

(c)any reference to a neighbourhood development order is to a neighbourhood development order under section 61E of the Town and Country Planning Act 1990, and

(d)any reference to a neighbourhood development plan is to a neighbourhood development plan under section 38A of the Planning and Compulsory Purchase Act 2004.

121Consequential amendments

Schedule 12 (neighbourhood planning: consequential amendments) has effect.

CHAPTER 4Consultation

122Consultation before applying for planning permission

(1)In the Town and Country Planning Act 1990, before section 62 (and before the italic heading which precedes that section) insert—

Consultation before applying for planning permission
61WRequirement to carry out pre-application consultation

(1)Where—

(a)a person proposes to make an application for planning permission for the development of any land in England, and

(b)the proposed development is of a description specified in a development order,

the person must carry out consultation on the proposed application in accordance with subsections (2) and (3).

(2)The person must publicise the proposed application in such manner as the person reasonably considers is likely to bring the proposed application to the attention of a majority of the persons who live at, or otherwise occupy, premises in the vicinity of the land.

(3)The person must consult each specified person about the proposed application.

(4)Publicity under subsection (2) must—

(a)set out how the person (“P”) may be contacted by persons wishing to comment on, or collaborate with P on the design of, the proposed development, and

(b)give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time.

(5)In subsection (3) “specified person” means a person specified in, or of a description specified in, a development order.

(6)Subsection (1) does not apply—

(a)if the proposed application is an application under section 293A, or

(b)in cases specified in a development order.

(7)A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice (if any) given by the local planning authority about local good practice.

61XDuty to take account of responses to consultation

(1)Subsection (2) applies where a person—

(a)has been required by section 61W(1) to carry out consultation on a proposed application for planning permission, and

(b)proposes to go ahead with making an application for planning permission (whether or not in the same terms as the proposed application).

(2)The person must, when deciding whether the application that the person is actually to make should be in the same terms as the proposed application, have regard to any responses to the consultation that the person has received.

61YPower to make supplementary provision

(1)A development order may make provision about, or in connection with, consultation which section 61W(1) requires a person to carry out on a proposed application for planning permission.

(2)The provision that may be made under subsection (1) includes (in particular)—

(a)provision about, or in connection with, publicising the proposed application;

(b)provision about, or in connection with, the ways of responding to the publicity;

(c)provision about, or in connection with, consultation under section 61W(3);

(d)provision about, or in connection with, collaboration between the person and others on the design of the proposed development;

(e)provision as to the timetable (including deadlines) for—

(i)compliance with section 61W(1),

(ii)responding to publicity under section 61W(2), or

(iii)responding to consultation under section 61W(3);

(f)provision for the person to prepare a statement setting out how the person proposes to comply with section 61W(1);

(g)provision for the person to comply with section 61W(1) in accordance with a statement required by provision under paragraph (f).

(3)Provision under subsection (1) may be different for different cases.

(2)In section 62 of the Town and Country Planning Act 1990 (applications for planning permission) after subsection (6) insert—

(7)In subsection (8) “a relevant application” means the application for planning permission in a case where a person—

(a)has been required by section 61W(1) to carry out consultation on a proposed application for planning permission, and

(b)is going ahead with making an application for planning permission (whether or not in the same terms as the proposed application).

(8)A development order must require that a relevant application be accompanied by particulars of—

(a)how the person complied with section 61W(1),

(b)any responses to the consultation that were received by the person, and

(c)the account taken of those responses.

(3)The amendments made by subsections (1) and (2) cease to have effect at the end of 7 years beginning with the day on which the inserted section 61W(1) comes fully into force, but this is subject to subsection (4).

(4)The Secretary of State may by order provide that the amendments are, instead of ceasing to have effect at the time they would otherwise cease to have effect, to cease to have effect at the end of a period of not more than 7 years from that time.

CHAPTER 5Enforcement

123Retrospective planning permission

(1)The Town and Country Planning Act 1990 is amended as follows.

(2)After section 70B insert—

70CPower to decline to determine retrospective application

(1)A local planning authority in England may decline to determine an application for planning permission for the development of any land if granting planning permission for the development would involve granting, whether in relation to the whole or any part of the land to which a pre-existing enforcement notice relates, planning permission in respect of the whole or any part of the matters specified in the enforcement notice as constituting a breach of planning control.

(2)For the purposes of the operation of this section in relation to any particular application for planning permission, a “pre-existing enforcement notice” is an enforcement notice issued before the application was received by the local planning authority.

(3)In section 78(2)(aa) (which refers to an authority not having given notice that it has exercised its power under section 70A or 70B to decline to determine an application) after “or 70B” insert “or 70C”.

(4)In section 174 (appeal against enforcement notice) after subsection (2) insert—

(2A)An appeal may not be brought on the ground specified in subsection (2)(a) if—

(a)the land to which the enforcement notice relates is in England, and

(b)the enforcement notice was issued at a time—

(i)after the making of a related application for planning permission, but

(ii)before the end of the period applicable under section 78(2) in the case of that application.

(2B)An application for planning permission for the development of any land is, for the purposes of subsection (2A), related to an enforcement notice if granting planning permission for the development would involve granting planning permission in respect of the matters specified in the enforcement notice as constituting a breach of planning control.

(5)In section 177 (grant or modification of planning permission on appeals against enforcement notice) after subsection (1B) insert—

(1C)If the land to which the enforcement notice relates is in England, subsection (1)(a) applies only if the statement under section 174(4) specifies the ground mentioned in section 174(2)(a).

(6)In section 177(5) (deemed application for planning permission where appeal brought against enforcement notice) for the words from the beginning to “the appellant” substitute—

Where an appeal against an enforcement notice is brought under section 174 and—

(a)the land to which the enforcement notice relates is in Wales, or

(b)that land is in England and the statement under section 174(4) specifies the ground mentioned in section 174(2)(a),

the appellant.

124Time limits for enforcing concealed breaches of planning control

(1)In the Town and Country Planning Act 1990 after section 171B insert—

171BATime limits in cases involving concealment

(1)Where it appears to the local planning authority that there may have been a breach of planning control in respect of any land in England, the authority may apply to a magistrates’ court for an order under this subsection (a “planning enforcement order”) in relation to that apparent breach of planning control.

(2)If a magistrates’ court makes a planning enforcement order in relation to an apparent breach of planning control, the local planning authority may take enforcement action in respect of—

(a)the apparent breach, or

(b)any of the matters constituting the apparent breach,

at any time in the enforcement year.

(3)“The enforcement year” for a planning enforcement order is the year that begins at the end of 22 days beginning with the day on which the court’s decision to make the order is given, but this is subject to subsection (4).

(4)If an application under section 111(1) of the Magistrates’ Courts Act 1980 (statement of case for opinion of High Court) is made in respect of a planning enforcement order, the enforcement year for the order is the year beginning with the day on which the proceedings arising from that application are finally determined or withdrawn.

(5)Subsection (2)—

(a)applies whether or not the time limits under section 171B have expired, and

(b)does not prevent the taking of enforcement action after the end of the enforcement year but within those time limits.

171BBPlanning enforcement orders: procedure

(1)An application for a planning enforcement order in relation to an apparent breach of planning control may be made within the 6 months beginning with the date on which evidence of the apparent breach of planning control sufficient in the opinion of the local planning authority to justify the application came to the authority’s knowledge.

(2)For the purposes of subsection (1), a certificate—

(a)signed on behalf of the local planning authority, and

(b)stating the date on which evidence sufficient in the authority’s opinion to justify the application came to the authority’s knowledge,

is conclusive evidence of that fact.

(3)A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.

(4)Where the local planning authority apply to a magistrates’ court for a planning enforcement order in relation to an apparent breach of planning control in respect of any land, the authority must serve a copy of the application—

(a)on the owner and on the occupier of the land, and

(b)on any other person having an interest in the land that is an interest which, in the opinion of the authority, would be materially affected by the taking of enforcement action in respect of the apparent breach.

(5)The persons entitled to appear before, and be heard by, the court hearing an application for a planning enforcement order in relation to an apparent breach of planning control in respect of any land include—

(a)the applicant,

(b)any person on whom a copy of the application was served under subsection (4), and

(c)any other person having an interest in the land that is an interest which, in the opinion of the court, would be materially affected by the taking of enforcement action in respect of the apparent breach.

(6)In this section “planning enforcement order” means an order under section 171BA(1).

171BCMaking a planning enforcement order

(1)A magistrates’ court may make a planning enforcement order in relation to an apparent breach of planning control only if—

(a)the court is satisfied, on the balance of probabilities, that the apparent breach, or any of the matters constituting the apparent breach, has (to any extent) been deliberately concealed by any person or persons, and

(b)the court considers it just to make the order having regard to all the circumstances.

(2)A planning enforcement order must—

(a)identify the apparent breach of planning control to which it relates, and

(b)state the date on which the court’s decision to make the order was given.

(3)In this section “planning enforcement order” means an order under section 171BA(1).

(2)In section 188 of the Town and Country Planning Act 1990 (register of enforcement and stop notices)—

(a)in subsection (1) (matters to which registers apply) before paragraph (a) insert—

(za)to planning enforcement orders,,

(b)in subsection (2)(a) (development order may make provision about removal of entries from register)—

(i)before “enforcement notice” insert “planning enforcement order,”,

(ii)before “any such notice” insert “any planning enforcement order or”, and

(iii)after “specified in the” insert “development”,

(c)in subsection (2)(b) (development order may make provision about supply of information by county planning authority) after “served by” insert “, and planning enforcement orders made on applications made by,”,

(d)after subsection (3) insert—

(4)In this section “planning enforcement order” means an order under section 171BA(1)., and

(e)in the heading after “and stop notices” insert “and other enforcement action”.

(3)In section 191 of the Town and Country Planning Act 1990 (certificate of lawfulness of existing use or development) after subsection (3) insert—

(3A)In determining for the purposes of this section whether the time for taking enforcement action in respect of a matter has expired, that time is to be taken not to have expired if—

(a)the time for applying for an order under section 171BA(1) (a “planning enforcement order”) in relation to the matter has not expired,

(b)an application has been made for a planning enforcement order in relation to the matter and the application has neither been decided nor been withdrawn, or

(c)a planning enforcement order has been made in relation to the matter, the order has not been rescinded and the enforcement year for the order (whether or not it has begun) has not expired.

125Assurance as regards prosecution for person served with enforcement notice

In the Town and Country Planning Act 1990 after section 172 (issue and service of enforcement notice) insert—

172AAssurance as regards prosecution for person served with notice

(1)When, or at any time after, an enforcement notice is served on a person, the local planning authority may give the person a letter—

(a)explaining that, once the enforcement notice had been issued, the authority was required to serve the notice on the person,

(b)giving the person one of the following assurances—

(i)that, in the circumstances as they appear to the authority, the person is not at risk of being prosecuted under section 179 in connection with the enforcement notice, or

(ii)that, in the circumstances as they appear to the authority, the person is not at risk of being prosecuted under section 179 in connection with the matters relating to the enforcement notice that are specified in the letter,

(c)explaining, where the person is given the assurance under paragraph (b)(ii), the respects in which the person is at risk of being prosecuted under section 179 in connection with the enforcement notice, and

(d)stating that, if the authority subsequently wishes to withdraw the assurance in full or part, the authority will first give the person a letter specifying a future time for the withdrawal that will allow the person a reasonable opportunity to take any steps necessary to avoid any risk of prosecution that is to cease to be covered by the assurance.

(2)At any time after a person has under subsection (1) been given a letter containing an assurance, the local planning authority may give the person a letter withdrawing the assurance (so far as not previously withdrawn) in full or part from a time specified in the letter.

(3)The time specified in a letter given under subsection (2) to a person must be such as will give the person a reasonable opportunity to take any steps necessary to avoid any risk of prosecution that is to cease to be covered by the assurance.

(4)Withdrawal under subsection (2) of an assurance given under subsection (1) does not withdraw the assurance so far as relating to prosecution on account of there being a time before the withdrawal when steps had not been taken or an activity had not ceased.

(5)An assurance given under subsection (1) (so far as not withdrawn under subsection (2)) is binding on any person with power to prosecute an offence under section 179.

126Planning offences: time limits and penalties

(1)The Town and Country Planning Act 1990 is amended as follows.

(2)In section 187A(12) (maximum penalty of level 3 on standard scale for offence of being in breach of a breach of condition notice) for “fine not exceeding level 3 on the standard scale” substitute fine—

(a)not exceeding level 4 on the standard scale if the land is in England;

(b)not exceeding level 3 on the standard scale if the land is in Wales.

(3)In section 210 (penalties for non-compliance with tree preservation regulations) after subsection (4) insert—

(4A)Proceedings for an offence under subsection (4) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge.

(4B)Subsection (4A) does not authorise the commencement of proceedings for an offence more than 3 years after the date on which the offence was committed.

(4C)For the purposes of subsection (4A), a certificate—

(a)signed by or on behalf of the prosecutor, and

(b)stating the date on which evidence sufficient in the prosecutor’s opinion to justify the proceedings came to the prosecutor’s knowledge,

is conclusive evidence of that fact.

(4D)A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.

(4E)Subsection (4A) does not apply in relation to an offence in respect of a tree in Wales.

(4)In section 224 (enforcement of control as to advertisements) after subsection (6) insert—

(7)Proceedings for an offence under subsection (3) may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings came to the prosecutor’s knowledge.

(8)Subsection (7) does not authorise the commencement of proceedings for an offence more than 3 years after the date on which the offence was committed.

(9)For the purposes of subsection (7), a certificate—

(a)signed by or on behalf of the prosecutor, and

(b)stating the date on which evidence sufficient in the prosecutor’s opinion to justify the proceedings came to the prosecutor’s knowledge,

is conclusive evidence of that fact.

(10)A certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.

(11)Subsection (7) does not apply in relation to an offence in respect of an advertisement in Wales.

(5)An amendment made by this section applies only in relation to offences committed after the amendment has come into force.

127Powers in relation to: unauthorised advertisements; defacement of premises

(1)In Part 8 of the Town and Country Planning Act 1990 (special controls) in Chapter 3 (advertisements) after section 225 insert—

225APower to remove structures used for unauthorised display

(1)Subject to subsections (2), (3) and (5) and the right of appeal under section 225B, the local planning authority for an area in England may remove, and then dispose of, any display structure—

(a)which is in their area; and

(b)which, in the local planning authority’s opinion, is used for the display of advertisements in contravention of regulations under section 220.

(2)Subsection (1) does not authorise the removal of a display structure in a building to which there is no public right of access.

(3)The local planning authority may not under subsection (1) remove a display structure unless the local planning authority have first served a removal notice on a person who appears to the local planning authority to be responsible for the erection or maintenance of the display structure.

(4)Subsection (3) applies only if there is a person—

(a)who appears to the local planning authority to be responsible for the erection or maintenance of the display structure; and

(b)whose name and address are either known by the local planning authority or could be ascertained by the local planning authority after reasonable enquiry.

(5)If subsection (3) does not apply, the local planning authority may not under subsection (1) remove a display structure unless the local planning authority have first—

(a)fixed a removal notice to the display structure or exhibited a removal notice in the vicinity of the display structure; and

(b)served a copy of that notice on the occupier of the land on which the display structure is situated.

(6)Subsection (5)(b) applies only if the local planning authority know who the occupier is or could identify the occupier after reasonable enquiry.

(7)Where—

(a)the local planning authority has served a removal notice in accordance with subsection (3) or (5)(b), and

(b)the display structure is not removed by the time specified in the removal notice,

the local planning authority may recover, from any person on whom the removal notice has been served under subsection (3) or (5)(b), expenses reasonably incurred by the local planning authority in exercising the local planning authority’s power under subsection (1).

(8)Expenses are not recoverable under subsection (7) from a person if the person satisfies the local planning authority that the person was not responsible for the erection of the display structure and is not responsible for its maintenance.

(9)Where in the exercise of power under subsection (1) any damage is caused to land or chattels, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power, but compensation is not recoverable under this subsection or section 325(6)—

(a)for damage caused to the display structure; or

(b)for damage reasonably caused in removing the display structure.

(10)The provisions of section 118 apply in relation to compensation under subsection (9) as they apply in relation to compensation under Part 4.

(11)In this section “removal notice”, in relation to a display structure, means notice—

(a)stating that in the local planning authority’s opinion the display structure is used for the display of advertisements in contravention of regulations under section 220;

(b)stating that the local planning authority intend after a time specified in the notice to remove the display structure; and

(c)stating the effect of subsections (7) and (8).

(12)A time specified under subsection (11)(b) may not be earlier than the end of 22 days beginning with the date of the notice.

(13)In this section “display structure” means (subject to subsection (14))—

(a)a hoarding or similar structure used, or designed or adapted for use, for the display of advertisements;

(b)anything (other than a hoarding or similar structure) principally used, or designed or adapted principally for use, for the display of advertisements;

(c)a structure that is itself an advertisement; or

(d)fitments used to support anything within any of paragraphs (a) to (c).

(14)Something is a “display structure” for the purpose of this section only if—

(a)its use for the display of advertisement requires consent under this Chapter, and

(b)that consent has not been granted and is not deemed to have been granted.

(15)In subsection (13) “structure” includes movable structure.

225BAppeal against notice under section 225A

(1)A person on whom a removal notice has been served in accordance with section 225A(3) or (5)(b) may appeal to a magistrates’ court on any of the following grounds—

(a)that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the period between the date of the notice and the time specified in the notice is not reasonably sufficient for the removal of the display structure;

(d)that the notice should have been served on another person.

(2)For the purposes of subsection (3), a person is a “permitted appellant” in relation to a removal notice if—

(a)the removal notice has been fixed or exhibited in accordance with section 225A(5)(a);

(b)the person is an owner or occupier of the land on which the display structure concerned is situated; and

(c)no copy of the removal notice has been served on the person in accordance with section 225A(5)(b).

(3)A person who is a permitted appellant in relation to a removal notice may appeal to a magistrates’ court on any of the following grounds—

(a)that the display structure concerned is not used for the display of advertisements in contravention of regulations under section 220;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the period between the date of the notice and the time specified in the notice is not reasonably sufficient for the removal of the display structure.

(4)So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (3)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(5)If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the removal notice should have been served in accordance with section 225A(3) or (5)(b).

(6)If—

(a)a removal notice is served on a person in accordance with section 225A(3) or (5)(b), and

(b)the local planning authority bring proceedings against the person for the recovery under section 225A(7) of any expenses,

it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).

(7)In this section “removal notice” and “display structure” have the same meaning as in section 225A.

225CRemedying persistent problems with unauthorised advertisements

(1)Subsections (2) and (3) apply if the local planning authority for an area in England have reason to believe that there is a persistent problem with the display of unauthorised advertisements on a surface of—

(a)any building, wall, fence or other structure or erection; or

(b)any apparatus or plant.

(2)The local planning authority may serve an action notice on the owner or occupier of the land in or on which the surface is situated.

(3)If after reasonable enquiry the local planning authority—

(a)are unable to ascertain the name and address of the owner, and

(b)are unable to ascertain the name and address of the occupier,

the local planning authority may fix an action notice to the surface.

(4)For the purposes of this section “an action notice”, in relation to a surface, is a notice requiring the owner or occupier of the land in or on which the surface is situated to carry out the measures specified in the notice by a time specified in the notice.

(5)A time may be specified in an action notice if it is a reasonable time not earlier than the end of 28 days beginning with the date of the notice.

(6)Measures may be specified in an action notice if they are reasonable measures to prevent or reduce the frequency of the display of unauthorised advertisements on the surface concerned.

(7)The time by which an owner or occupier must comply with an action notice may be postponed by the local planning authority.

(8)This section has effect subject to—

(a)the other provisions of the enactments relating to town and country planning;

(b)the provisions of the enactments relating to historic buildings and ancient monuments; and

(c)Part 2 of the Food and Environmental Protection Act 1985 (which relates to deposits in the sea).

(9)Subsection (10) applies if—

(a)an action notice is served under subsection (2) or fixed under subsection (3); and

(b)the measures specified in the notice are not carried out by the time specified in the notice.

(10)The local planning authority may—

(a)carry out the measures; and

(b)recover expenses reasonably incurred by the local planning authority in doing that from the person required by the action notice to do it.

(11)Power under subsection (10)(a) is subject to the right of appeal under section 225D.

(12)Where in the exercise of power under subsection (10)(a) any damage is caused to land or chattels, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power, but compensation is not recoverable under this subsection for damage reasonably caused in carrying out the measures.

(13)The provisions of section 118 apply in relation to compensation under subsection (12) as they apply in relation to compensation under Part 4.

(14)The local planning authority may not recover expenses under subsection (10)(b) in respect of a surface that—

(a)forms part of a flat or a dwellinghouse;

(b)is within the curtilage of a dwellinghouse; or

(c)forms part of the boundary of the curtilage of a dwellinghouse.

(15)Each of sections 275 and 291 of the Public Health Act 1936 (provision for authority to agree to take the required measures at expense of owner or occupier, and provision for expenses to be recoverable also from owner’s successor or from occupier and to be charged on premises concerned) applies as if the reference in that section to that Act included a reference to this section.

(16)In this section—

  • “dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;

  • “flat” means a separate and self-contained set of premises constructed or adapted for use as a dwelling and forming part of a building from some other part of which it is divided horizontally;

  • “unauthorised advertisement” means an advertisement in respect of which an offence—

    (a)

    under section 224(3), or

    (b)

    under section 132 of the Highways Act 1980 (unauthorised marks on highway),

    is committed after the coming into force of this section.

225DRight to appeal against notice under section 225C

(1)A person on whom notice has been served under section 225C(2) may appeal to a magistrates’ court on any of the following grounds—

(a)that there is no problem with the display of unauthorised advertisements on the surface concerned or any such problem is not a persistent one;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the time within which the measures specified in the notice are to be carried out is not reasonably sufficient for the purpose;

(d)that the notice should have been served on another person.

(2)The occupier or owner of premises which include a surface to which a notice has been fixed under section 225C(3) may appeal to a magistrates’ court on any of the following grounds—

(a)that there is no problem with the display of unauthorised advertisements on the surface concerned or any such problem is not a persistent one;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the time within which the measures specified in the notice are to be carried out is not reasonably sufficient for the purpose.

(3)So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(4)If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the notice under section 225C(2) should have been served.

(5)If—

(a)notice under section 225C(2) is served on a person, and

(b)the local planning authority bring proceedings against the person for the recovery under section 225C(10)(b) of any expenses,

it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).

225EApplying section 225C to statutory undertakers’ operational land

(1)Subsection (2) and (3) apply where the local planning authority serves a notice under section 225C(2) requiring a statutory undertaker to carry out measures in respect of the display of unauthorised advertisements on a surface on its operational land.

(2)The statutory undertaker may, within 28 days beginning with the date of service of the notice, serve a counter-notice on the local planning authority specifying alternative measures which will in the statutory undertaker’s reasonable opinion have the effect of preventing or reducing the frequency of the display of unauthorised advertisements on the surface to at least the same extent as the measures specified in the notice.

(3)Where a counter-notice is served under subsection (2), the notice under section 225C(2) is to be treated—

(a)as requiring the alternative measures specified in the counter-notice to be carried out (instead of the measures actually required by the notice under section 225C(2)); and

(b)as having been served on the date on which the counter-notice is served.

(4)The time by which a statutory undertaker must carry out the measures specified in a counter-notice served under subsection (2) may be postponed by the local planning authority.

(2)In Part 8 of the Town and Country Planning Act 1990 (special controls) after Chapter 3 insert—

CHAPTER 4Remedying defacement of premises
225FPower to remedy defacement of premises

(1)Subsections (2) and (3) apply if—

(a)premises in England include a surface that is readily visible from a place to which the public have access;

(b)either—

(i)the surface does not form part of the operational land of a statutory undertaker, or

(ii)the surface forms part of the operational land of a statutory undertaker and subsection (11) applies to the surface;

(c)there is a sign on the surface; and

(d)the local planning authority consider the sign to be detrimental to the amenity of the area or offensive.

(2)The local planning authority may serve on the occupier of the premises a notice requiring the occupier to remove or obliterate the sign by a time specified in the notice.

(3)If it appears to the local planning authority that there is no occupier of the premises, the local planning authority may fix to the surface a notice requiring the owner or occupier of the premises to remove or obliterate the sign by a time specified in the notice.

(4)A time specified under subsection (2) or (3) may not be earlier than the end of 15 days beginning the date of service or fixing of the notice.

(5)Subsection (6) applies if—

(a)a notice is served under subsection (2) or fixed under subsection (3); and

(b)the sign is neither removed nor obliterated by the time specified in the notice.

(6)The local planning authority may—

(a)remove or obliterate the sign; and

(b)recover expenses reasonably incurred by the local planning authority in doing that from the person required by the notice to do it.

(7)Power under subsection (6)(a) is subject to the right of appeal under section 225I.

(8)Expenses may not be recovered under subsection (6)(b) if the surface—

(a)forms part of a flat or a dwellinghouse;

(b)is within the curtilage of a dwellinghouse; or

(c)forms part of the boundary of the curtilage of a dwellinghouse.

(9)Section 291 of the Public Health Act 1936 (provision for expenses to be recoverable also from owner’s successor or from occupier and to be charged on premises concerned) applies as if the reference in that section to that Act included a reference to this section.

(10)For the purposes of this section, a universal postal service provider is treated as being the occupier of any plant or apparatus that consists of a universal postal service letter box or a universal postal service pouch-box belonging to it.

(11)This subsection applies to a surface if the surface abuts on, or is one to which access is given directly from, either—

(a)a street; or

(b)any place, other than a street, to which the public have access as of right.

(12)In this section—

  • “dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;

  • “flat” means a separate and self-contained set of premises constructed or adapted for use as a dwelling and forming part of a building from some other part of which it is divided horizontally;

  • “premises” means building, wall, fence or other structure or erection, or apparatus or plant;

  • “sign”—

    (a)

    includes any writing, letter, picture, device or representation, but

    (b)

    does not include an advertisement;

  • “statutory undertaker” does not include a relevant airport operator (within the meaning of Part 5 of the Airports Act 1986);

  • “street” includes any highway, any bridge carrying a highway and any road, lane, mews, footway, square, court, alley or passage, whether a thoroughfare or not;

  • “universal postal service letter box” has the meaning given in section 86(4) of the Postal Services Act 2000;

  • “universal postal service pouch-box” has the meaning given in paragraph 1(10) of Schedule 6 to that Act.

225GNotices under section 225F in respect of post boxes

(1)The local planning authority may serve a notice under section 225F(2) on a universal postal service provider in respect of a universal postal service letter box, or universal postal service pouch-box, belonging to the provider only if—

(a)the authority has served on the provider written notice of the authority’s intention to do so; and

(b)the period of 28 days beginning with the date of service of that notice has ended.

(2)In this section—

  • “universal postal service letter box” has the meaning given in section 86(4) of the Postal Services Act 2000;

  • “universal postal service pouch-box” has the meaning given in paragraph 1(10) of Schedule 6 to that Act.

225HSection 225F powers as respects bus shelters and other street furniture

(1)The local planning authority may exercise the power conferred by section 225F(6)(a) to remove or obliterate a sign from any surface on a bus shelter, or other street furniture, of a statutory undertaker that is not situated on operational land of the statutory undertaker only if—

(a)the authority has served on the statutory undertaker notice of the authority’s intention to do so;

(b)the notice specified the bus shelter, or other street furniture, concerned; and

(c)the period of 28 days beginning with the date of service of the notice has ended.

(2)In this section “statutory undertaker” does not include an airport operator (within the meaning of Part 5 of the Airports Act 1986).

225IRight to appeal against notice under section 225F

(1)A person on whom notice has been served under section 225F(2) may appeal to a magistrates’ court on any of the following grounds—

(a)that the sign concerned is neither detrimental to the amenity of the area nor offensive;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the time within which the sign concerned is to be removed or obliterated is not reasonably sufficient for the purpose;

(d)that the notice should have been served on another person.

(2)The occupier or owner of premises which include a surface to which a notice has been fixed under section 225F(3) may appeal to a magistrates’ court on any of the following grounds—

(a)that the sign concerned is neither detrimental to the amenity of the area nor offensive;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the time within which the sign concerned is to be removed or obliterated is not reasonably sufficient for the purpose.

(3)So far as an appeal under this section is based on the ground mentioned in subsection (1)(b) or (2)(b), the court must dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(4)If an appeal under subsection (1) is based on the ground mentioned in subsection (1)(d), the appellant must serve a copy of the notice of appeal on each person who the appellant considers is a person on whom the notice under section 225F(2) should have been served.

(5)If—

(a)notice under section 225F(2) is served on a person, and

(b)the local planning authority bring proceedings against the person for the recovery under section 225F(6)(b) of any expenses,

it is not open to the person to raise in the proceedings any question which the person could have raised in an appeal under subsection (1).

225JRemedying defacement at owner or occupier’s request

(1)Subsection (2) applies if—

(a)premises in England include a surface that is readily visible from a place to which the public have access;

(b)there is a sign on the surface; and

(c)the owner or occupier of the premises asks the local planning authority to remove or obliterate the sign.

(2)The local planning authority may—

(a)remove or obliterate the sign; and

(b)recover expenses reasonably incurred by the local planning authority in doing that from the person who asked the local planning authority to do it.

(3)In this section “premises” means building, wall, fence or other structure or erection, or apparatus or plant.

(4)In this section “sign”—

(a)includes—

(i)any writing, letter, picture, device or representation, and

(ii)any advertisement, but

(b)does not include an advertisement for the display of which deemed or express consent has been granted under Chapter 3.

CHAPTER 5Application of provisions of Chapters 3 and 4 to statutory undertakers
225KAction under sections 225A, 225C and 225F: operational land

(1)This section applies in relation to the exercise by the local planning authority of—

(a)power conferred by section 225A(1), or section 324(3) so far as applying for the purposes of section 225A(1), to—

(i)enter on any operational land of a statutory undertaker, or

(ii)remove a display structure situated on operational land of a statutory undertaker;

(b)power conferred by section 225C(10)(a), or section 324(3) so far as applying for the purposes of section 225C(10)(a), to—

(i)enter on any operational land of a statutory undertaker, or

(ii)carry out any measures to prevent or reduce the frequency of the display of unauthorised advertisements on a surface on operational land of a statutory undertaker; or

(c)power conferred by section 225F(6)(a), or section 324(3) so far as applying for the purposes of section 225F(6)(a), to—

(i)enter on any operational land of a statutory undertaker, or

(ii)remove or obliterate a sign on a surface of premises that are, or are on, operational land of a statutory undertaker.

(2)The authority may exercise the power only if—

(a)the authority has served on the statutory undertaker notice of the authority’s intention to do so;

(b)the notice specified the display structure, surface or sign concerned and its location; and

(c)the period of 28 days beginning with the date of service of the notice has ended.

(3)If—

(a)a notice under subsection (2) is served on a statutory undertaker, and

(b)within 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority specifying conditions subject to which the power is to be exercised,

the power may only be exercised subject to, and in accordance with, the conditions specified in the counter-notice.

(4)The conditions which may be specified in a counter-notice under subsection (3) are conditions which are—

(a)necessary or expedient in the interests of safety or the efficient and economic operation of the undertaking concerned; or

(b)for the protection of any works, apparatus or other property not vested in the statutory undertaker which are lawfully present on, in, under or over the land upon which entry is proposed to be made.

(5)If—

(a)a notice under subsection (2) is served on a statutory undertaker, and

(b)within 28 days beginning with the date the notice is served, the statutory undertaker serves a counter-notice on the local planning authority requiring the local planning authority to refrain from exercising the power,

the power may not be exercised.

(6)A counter-notice under subsection (5) may be served only if the statutory undertaker has reasonable grounds to believe, for reasons connected with the operation of its undertaking, that the power cannot be exercised under the circumstances in question—

(a)without risk to the safety of any person; or

(b)without unreasonable risk to the efficient and economic operation of the statutory undertaker’s undertaking.

(7)In this section “statutory undertaker” does not include an airport operator (within the meaning of Part 5 of the Airports Act 1986).

(3)In section 324(3) of the Town and Country Planning Act 1990 (power of entry where necessary for purposes of section 225) after “225” insert “, 225A(1), 225C(10)(a) or 225F(6)(a)”.

(4)In the London Local Authorities Act 1995 (c. x) omit sections 11 to 13 (provision as respects London which is generally superseded as a result of the provision as respects England made by the preceding provisions of this section).

(5)In section 11 of the London Local Authorities Act 2007 (c. ii) after subsection (10) insert—

(11)The definition of “an advertising offence” given by section 4 of this Act applies for the purposes of subsection (10) above with—

(a)the omission of paragraphs (a) and (b), and

(b)in paragraph (d), the substitution of “paragraph” for “paragraphs (a) to”.

CHAPTER 6Nationally significant infrastructure projects

128Abolition of Infrastructure Planning Commission

(1)The Infrastructure Planning Commission ceases to exist on the day on which this subsection comes into force.

(2)Schedule 13 (amendments in consequence of Commission’s abolition, including amendments transferring its functions to Secretary of State) has effect.

(3)On the coming into force of this subsection, the property, rights and liabilities of the Infrastructure Planning Commission vest by virtue of this subsection in the Secretary of State.

(4)Subsection (3) operates in relation to property, rights and liabilities—

(a)whether or not they would otherwise be capable of being transferred,

(b)without any instrument or other formality being required, and

(c)irrespective of any requirement for consent that would otherwise apply.

(5)The transfer by virtue of subsections (2) to (4) is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) if it would not otherwise be a relevant transfer for those purposes.

(6)Subsections (3) and (4) do not affect the operation of those Regulations in relation to that transfer.

129Transitional provision in connection with abolition

(1)The Secretary of State may, in connection with the operation of the abolition provisions, give a direction about the handling on and after the abolition date of—

(a)an application received by the Infrastructure Planning Commission before the abolition date that purports to be an application for an order granting development consent under the Planning Act 2008,

(b)a proposed application notified to the Commission under section 46 of that Act before the abolition date, or

(c)an application received by the Secretary of State on or after the abolition date where—

(i)the application purports to be an application for an order granting development consent under that Act, and

(ii)a proposed application that has become that application was notified to the Commission under section 46 of that Act before the abolition date.

(2)A direction under subsection (1) may (in particular)—

(a)make provision about the effect on and after the abolition date of things done before that date;

(b)provide for provisions of or made under the Planning Act 2008 to apply on and after that date as they applied before that date, with or without modifications specified in the direction;

(c)provide for provisions of or made under that Act to apply on and after the abolition date with modifications specified in the direction;

(d)make provision for a person who immediately before the abolition date—

(i)is a member of the Commission, and

(ii)is a member of the Panel, or is the single Commissioner, handling an application for an order granting development consent under that Act,

to be, or to be treated as being, a member of the Panel that under Chapter 2 of Part 6 of that Act, or the appointed person who under Chapter 3 of that Part, is to handle the application on and after the abolition date;

(e)make other transitional provision and savings;

(f)make provision binding the Crown.

(3)In this section—

  • “the abolition date” means the date on which section 128(1) comes into force;

  • “the abolition provisions” means section 128, Schedule 13 and Part 20 of Schedule 25.

130National policy statements

(1)The Planning Act 2008 is amended as follows.

(2)In section 5(4) (statement may be designated as national policy statement only if consultation, publicity and parliamentary requirements have been complied with) after “have been complied with in relation to it” insert and—

(a)the consideration period for the statement has expired without the House of Commons resolving during that period that the statement should not be proceeded with, or

(b)the statement has been approved by resolution of the House of Commons—

(i)after being laid before Parliament under section 9(8), and

(ii)before the end of the consideration period.

(3)In section 5 (national policy statements) after subsection (4) insert—

(4A)In subsection (4) “the consideration period”, in relation to a statement, means the period of 21 sitting days beginning with the first sitting day after the day on which the statement is laid before Parliament under section 9(8), and here “sitting day” means a day on which the House of Commons sits.

(4)In section 5(9) omit paragraph (b) (designated statement must be laid before Parliament).

(5)In section 6(7) (national policy statement may be amended only if consultation, publicity and parliamentary requirements have been complied with) after “have been complied with in relation to the proposed amendment” insert and—

(a)the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should not be proceeded with, or

(b)the amendment has been approved by resolution of the House of Commons—

(i)after being laid before Parliament under section 9(8), and

(ii)before the end of the consideration period.

(6)In section 6 (review and amendment of national policy statements) after subsection (7) insert—

(7A)In subsection (7) “the consideration period”, in relation to an amendment, means the period of 21 sitting days beginning with the first sitting day after the day on which the amendment is laid before Parliament under section 9(8), and here “sitting day” means a day on which the House of Commons sits.

(7)In section 6(8) (subsections (6) and (7) do not apply if amendment does not materially affect national policy) for “and (7)” substitute “to (7A)”.

(8)After section 6 insert—

6AInterpretation of sections 5(4) and 6(7)

(1)This section applies for the purposes of section 5(4) and 6(7).

(2)The consultation and publicity requirements set out in section 7 are to be treated as having been complied with in relation to a statement or proposed amendment (“the final proposal”) if—

(a)they have been complied with in relation to a different statement or proposed amendment (“the earlier proposal”),

(b)the final proposal is a modified version of the earlier proposal, and

(c)the Secretary of State thinks that the modifications do not materially affect the policy as set out in the earlier proposal.

(3)The consultation and publicity requirements set out in section 7 are also to be treated as having been complied with in relation to a statement or proposed amendment (“the final proposal”) if—

(a)they have been complied with—

(i)in relation to a different statement or proposed amendment (“the earlier proposal”), and

(ii)in relation to modifications of the earlier proposal (“the main modifications”),

(b)the final proposal is a modified version of the earlier proposal, and

(c)there are no modifications other than the main modifications or, where the modifications include modifications other than the main modifications, the Secretary of State thinks that those other modifications do not materially affect the policy as set out in the earlier proposal modified by the main modifications.

(4)If section 9(8) has been complied with in relation to a statement or proposed amendment (“the final proposal”), the parliamentary requirements set out in section 9(2) to (7) are to be treated as having been complied with in relation to the final proposal where—

(a)the final proposal is not the same as what was laid under section 9(2), but

(b)those requirements have been complied with in relation to what was laid under section 9(2).

(5)Ignore any corrections of clerical or typographical errors in what was laid under section 9(8).

6BExtension of consideration period under section 5(4A) or 6(7A)

(1)The Secretary of State may—

(a)in relation to a proposed national policy statement, extend the period mentioned in section 5(4A), or

(b)in relation to a proposed amendment of a national policy statement, extend the period mentioned in section 6(7A),

by 21 sitting days or less.

(2)The Secretary of State does that by laying before the House of Commons a statement—

(a)indicating that the period is to be extended, and

(b)setting out the length of the extension.

(3)The statement under subsection (2) must be laid before the period would have expired without the extension.

(4)The Secretary of State must publish the statement under subsection (2) in a way the Secretary of State thinks appropriate.

(5)The period may be extended more than once.

(9)In section 8(1)(a) (local authorities within subsection (2) or (3) to be consulted about publicity required for proposed statement identifying a location) for “or (3)” substitute “, (3) or (3A)”.

(10)In section 8(3) (consultation with local authorities that share a boundary with the local authority (“B”) whose area contains a location) before the “and” at the end of paragraph (a) insert—

(aa)B is a unitary council or a lower-tier district council,.

(11)In section 8 (consultation on publicity requirements) after subsection (3) insert—

(3A)If any of the locations concerned is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this subsection if—

(a)D is not a lower-tier district council, and

(b)any part of the boundary of D’s area is also part of the boundary of C’s area.

(12)In section 8, after subsection (4) (meaning of “local authority”) insert—

(5)In this section—

  • “lower-tier district council” means a district council in England for an area for which there is a county council;

  • “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

  • “upper-tier county council” means a county council in England for each part of whose area there is a district council.

(13)In section 9 (parliamentary requirements for national policy statements and their amendments) after subsection (7) insert—

(8)After the end of the relevant period, but not before the Secretary of State complies with subsection (5) if it applies, the Secretary of State must lay the proposal before Parliament.

(9)If after subsection (8) has been complied with—

(a)something other than what was laid under subsection (8) becomes the proposal, or

(b)what was laid under subsection (8) remains the proposal, or again becomes the proposal, despite the condition in section 5(4)(a) not having been met in relation to it,

subsection (8) must be complied with anew.

(10)For the purposes of subsection (9)(a) and (b) ignore any proposal to correct clerical or typographical errors in what was laid under subsection (8).

(14)Section 12 (power to designate pre-commencement statements of policy and to take account of pre-commencement consultation etc) is repealed.

131Power to alter effect of requirement for development consent on other consent regimes

(1)The Planning Act 2008 is amended as follows.

(2)In section 33 (effect of requirement for development consent on other consent regimes) after subsection (4) insert—

(5)The Secretary of State may by order—

(a)amend subsection (1) or (2)—

(i)to add or remove a type of consent, or

(ii)to vary the cases in relation to which a type of consent is within that subsection;

(b)make further provision, or amend or repeal provision, about—

(i)the types of consent that are, and are not, within subsection (1) or (2), or

(ii)the cases in relation to which a type of consent is, or is not, within either of those subsections.

(6)In this section “consent” means—

(a)a consent or authorisation that is required, under legislation, to be obtained for development,

(b)a consent, or authorisation, that—

(i)may authorise development, and

(ii)is given under legislation, or

(c)a notice that is required by legislation to be given in relation to development.

(7)In subsection (6) “legislation” means an Act or an instrument made under an Act.

(8)An order under subsection (5) may not affect—

(a)a requirement for a devolved consent to be obtained for, or given in relation to, development, or

(b)whether development may be authorised by a devolved consent.

(9)A consent is “devolved” for the purposes of subsection (8) if—

(a)provision for the consent would be within the legislative competence of the National Assembly for Wales if the provision were contained in an Act of the Assembly,

(b)provision for the consent is, or could be, made by the Welsh Ministers in an instrument made under an Act,

(c)the consent is not within subsection (6)(c) and the Welsh Ministers have a power or duty—

(i)to decide, or give directions as to how to decide, whether the consent is given,

(ii)to decide, or give directions as to how to decide, some or all of the terms on which the consent is given, or

(iii)to revoke or vary the consent, or

(d)the consent is within subsection (6)(c) and the notice has to be given to the Welsh Ministers or otherwise brought to their attention.

(10)An order under subsection (5)(b) may amend this Act.

(3)In section 232 (orders and regulations)—

(a)in subsection (5)(d) (orders not subject to annulment by either House of Parliament) after “14(3),” insert “33(5),”, and

(b)in subsection (6) (orders that must be approved in draft by both Houses of Parliament before being made) after “14(3),” insert “33(5),”.

(4)In paragraph 4 of Schedule 12 (application of section 33 to Scotland: modifications)—

(a)in sub-paragraph (a) for paragraph (i) substitute—

(i)for “none of the following is” there were substituted “the following are not”, and,

(b)