Localism Act 2011

1. Introduction

2. Summary

3. Structure of the Act

4. Territorial Extent and Application

   1. Territorial extent and application: Scotland

   2. Territorial application: Wales

   3. Territorial application: Northern Ireland

5. Commentary

   1. Part 1: Local Government

      1. Chapter 1: General powers of authorities

         1. Section 1: Local authority’s general power of competence

         2. Section 2: Boundaries of the general power

         3. Section 3: Limits on charging in exercise of the general power

         4. Section 4: Limits on doing things for commercial purpose in exercise of the general power

         5. Section 5: Powers to make supplemental provision

         6. Section 6: Limits on power under section 5(1)

         7. Section 7: Procedure for orders under section 5

         8. Section 8: Interpretation of Chapter

      2. Chapter 2: Fire and rescue authorities

         1. Section 9: General powers of certain fire and rescue authorities

         2. Section 10: Fire and rescue authorities: charging

      3. Chapter 3: Other Authorities

         1. Section 11: Integrated Transport Authorities

         2. Section 12: Passenger Transport Executives

         3. Section 13: Economic prosperity boards and combined authorities

         4. Section 14: Further Amendments

      4. Chapter 4: Transfer and delegation of functions to certain authorities

         1. Section 15: Power to transfer local public functions to permitted authorities

         2. Section 16: Delegation of functions by Ministers to permitted authorities

         3. Section 17: Transfer schemes

         4. Section 18: Duty to consider proposals for exercise of powers under sections 15 and 17

         5. Section 19: Orders under section 15: procedure

         6. Section 20: Interpretation of Chapter

      5. Chapter 5: Governance

         1. Section 21: New arrangements with respect to governance of English local authorities

            1. Schedule 2 Part 1: New Part 1A of the Local Government Act 2000– Arrangements with respect to local authority governance in England

               Chapter 1: Permitted forms of governance

               New section 9B: Permitted forms of governance for local authorities in England.

            2. New section 9BA: Power of Secretary of State to prescribe additional permitted governance arrangements.

            3. Chapter 2: Executive arrangements

               New section 9C: Local authority executives

            4. New sections 9D and 9DA: Functions which are the responsibility of an executive

            5. New sections 9E to 9EB: Discharge of functions

            6. New sections 9F to 9FE: Overview and scrutiny committees

            7. New section 9FF: Reports and recommendations of overview and scrutiny committees: duties of certain partner authorities

            8. New section 9FG: Publication etc of reports, recommendation and responses: confidential and exempt information

            9. New section 9FH: Overview and scrutiny committees: flood risk management

            10. New section 9FI: Overview and scrutiny committees: provision of information etc by certain partner authorities

            11. New Sections 9G and 9GA: Meetings and access to information etc

            12. New section 9H: Elected mayors etc

            13. New section 9HA: Election as elected mayor and councillor

            14. New section 9HB to 9HE: Mayoral elections

            15. New section 9I: Election and term of office of leader

            16. New section 9IA: Removal of leader

            17. New section 9IB: Leader to continue to hold office as councillor

            18. New section 9IC: No other means of removing leader

            19. New section 9ID: Regulations

            20. Chapter 3: The committee system

                New section 9J: Secretary of State’s power to prohibit delegation of functions etc

            21. New section 9JA: Overview and scrutiny committees

            22. New section 9JB: Overview and scrutiny: flood risk management

            23. Chapter 4: Changing governance arrangements

                New sections 9K and 9KA: Changing from one form of governance to another or from one form of executive to another

            24. New section 9KB: Executive arrangements: other variation of arrangements

            25. New section 9KC: Resolution of local authority

            26. New section 9L: Implementation: change in form of governance or change in form of executive

            27. New section 9M: Cases in which change is subject to approval in a referendum in accordance with sections 9MA and 9MB

            28. New sections 9MA and 9MB: Referendums

            29. New sections 9MC to 9ME: Referendum following petition, direction or order

            30. New section 9MF: Further provision with respect to referendums

            31. New section 9MG: Voting in and conduct of referendums

            32. New section 9N: Requiring a referendum on change to mayor and cabinet executive

            33. New section 9NA: Effect of section 9N order

            34. New section 9NB: Variation of mayoral executive

            35. New section 9O: General

            36. Chapter 5: Supplementary

                New section 9P: Local authority constitution

            37. Section 9Q: Guidance

            38. Schedule 2 Part 2: New Schedule A1 to the Local Government Act 2000 - Executive arrangements in England: further provision

         2. Section 22 - New local authority governance arrangements: amendments

         3. Section 23 - Changes to local authority governance in England: transitional provision etc

         4. Section 24 – Timetables for changing English district councils’ electoral schemes

      6. Chapter 6: Predetermination

         1. Section 25 - Prior indications as to view of a matter not to amount to predetermination

      7. Chapter 7: Standards

         1. Section 26: Amendments of existing provisions

         2. Section 27: Duty to promote and maintain high standards of conduct

         3. Section 28: Codes of conduct

         4. Section 29: Register of interests

         5. Section 30: Disclosure of pecuniary interests on taking office

         6. Section 31: Pecuniary interests in matters considered at meetings or by a single member

         7. Section 32: Sensitive interests

         8. Section 33: Dispensations from section 31(4)

         9. Section 34: Offences

         10. Section 35: Delegation of functions by Greater London Authority

         11. Section 36: Amendment of section 27 following abolition of police authorities

         12. Section 37: Transitional provision

      8. Chapter 8: Pay Accountability

         1. Section 38: Pay policy statements

         2. Section 39: Supplementary provisions relating to pay policy statements

         3. Section 41: Determinations relating to remuneration

         4. Section 42: Exercise of functions

      9. Chapter 9: Commission for Local Administration in England

         1. Section 44: Arrangements for provision of services and discharge of functions

      10. Chapter 10: Miscellaneous Repeals

          1. Section 45: Repeal of duties relating to promotion of democracy

          2. Section 46: Repeal of provisions about petitions to local authorities

          3. Section 47: Schemes to encourage domestic waste reduction by payments and charges

   2. Part 2: Eu Financial Sanctions

      1. Section 48: Power to require public authorities to make payments in respect of certain EU financial sanctions

      2. Section 49: Duty of the Secretary of State to issue a policy statement

      3. Section 50: The EU sanctions to which Part 2 applies

      4. Section 51: Meaning of “public authority and related terms”

      5. Section 52: Designation of Public Authorities

      6. Section 53: Establishment of independent panel

      7. Section 54: Warning notices

      8. Section 55: Matters to be determined before a final notice is given

      9. Section 56: Final notices

   3. Part 3: Eu Financial Sanctions: Wales

      1. Sections 58 to 67: EU Financial sanctions: Wales

   4. Part 4: Non-Domestic Rates

      1. Section 68: Ballot for imposition and certain variations of a business rate supplement

      2. Section 69: Non-domestic rates: discretionary relief

      3. Section 70: Small business relief

      4. Section 71 - Cancelling of liability to backdated non-domestic rates

   5. Part 5: Community Empowerment

      1. Chapter 1: Council Tax

         1. Section 72: Referendums relating to council tax increases

            1. Schedule 5: New Chapter 4ZA: Referendums relating to council tax increases

               New Section 52ZB: Duty to determine whether council tax excessive

            2. New section 52ZC: Determination of whether increase is excessive

            3. New section 52ZD: Approval of principles

            4. New section 52ZE: Alternative notional amounts

            5. New section 52ZF: Billing authority’s duty to make substitute calculations

            6. New section 52ZG: Arrangements for referendum

            7. New section 52ZH: Effect of referendum

            8. New section 52ZI: Failure to hold referendum

            9. New section 52ZJ: Major precepting authority’s duty to make substitute calculations

            10. New section 52ZK: Major precepting authority’s duty to notify appropriate billing authorities

            11. New section 52ZL: Local precepting authority’s duty to make substitute calculations

            12. New section 52ZM: Local precepting authority’s duty to notify appropriate billing authority

            13. New section 52ZN: Arrangements for referendum

            14. New section 52ZO: Effect of referendum

            15. New section 52ZP: Failure to hold referendum

            16. New section 52ZQ: Regulations about referendums

            17. New sections 52ZR to 52ZW: Directions

            18. New section 52ZX: Meaning of relevant basic amount of council tax

            19. New section 52ZY: Information for purposes of Chapter 4ZA

            20. Schedule 6: Council tax referendums: further amendments

         2. Sections 73 to 79 - Local authority requisite calculations

         3. Section 73 – References to proper accounting practices

         4. Section 74 – Council tax calculations by billing authorities in England

         5. Section 75 – Council tax calculations by major precepting authorities in England

         6. Section 76 – Calculation of council tax requirement by the Greater London Authority

         7. Section 77 – Calculation of basic amount of council tax by the Greater London Authority

         8. Section 78 – Council tax calculations by local precepting authorities in England

         9. Section 79 – Council tax: minor and consequential amendments

         10. Section 80 – Council tax revaluations in Wales

      2. Chapter 2: Community Right to Challenge

         1. Section 81: Duty to consider expression of interest

         2. Section 82: Timing of expressions of interest

         3. Sections 83 and 84: Consideration of expressions of interest

         4. Section 85: Supplementary

         5. Section 86: Provision of advice and assistance

      3. Chapter 3: Land of Community Value

         1. Section 87: Lists of assets of community value

         2. Sections 88 and 105: Land of community value

         3. Sections 89, 90 and 91: Procedures for including land in list

         4. Section 92: Review of decision to include land in list

         5. Section 93: List of land nominated by unsuccessful community nominations

         6. Section 94: Publication and inspection of the lists

         7. Sections 95, 96 and 97: Moratorium on the disposal of listed assets

         8. Section 98: Informing owner of request to be treated as bidder

         9. Section 99: Compensation

         10. Section 100: Local land charge

         11. Section 101: Enforcement

         12. Section 102: Co-operation

         13. Sections 103 and 104: Advice and assistance

         14. Sections 106 and 107: Definitions

         15. Section 108: Interpretation of Chapter: general

   6. Part 6: Planning

      1. Chapter 1: Plans and Strategies

         1. Section 109: Abolition of Regional Strategies

         2. Section 110: Duty to co-operate in relation to planning of sustainable development

         3. Section 111: Local development schemes

         4. Section 112: Adoption and withdrawal of development plan documents

         5. Section 113: Local development: monitoring reports

      2. Chapter 2: Community Infrastructure Levy

         1. Section 114: Community Infrastructure Levy: approval of charging schedules

         2. Section 115: Use of Community Infrastructure Levy

      3. Chapter 3: Neighbourhood Planning

         1. Section 116: Neighbourhood planning

            1. Schedule 9 Part 1: Neighbourhood Development Orders

            2. New section 61E: Neighbourhood Development Orders

            3. New section 61F: Authorisation to act in relation to neighbourhood areas

            4. New section 61G: Meaning of “neighbourhood area”

            5. New section 61H: Neighbourhood areas designated as business areas

            6. New section 61I: Neighbourhood areas in areas of two or more local planning authorities

            7. New section 61J: Provision that may be made by neighbourhood development order

            8. New section 61K: Meaning of excluded development

            9. New section 61L: Permission granted by neighbourhood development orders

            10. New section 61M: Revocation or modification of neighbourhood development orders

            11. New section 61N: Legal challenge in relation to neighbourhood development orders

            12. New section 61O: Guidance

            13. New section 61P: Provision as to the making of certain decisions by local planning authorities

            14. New section 61Q: Community right to build orders

            15. Schedule 9 Part 2: Neighbourhood development plans

            16. Schedule 10: Process for Making of Neighbourhood Development Orders

            17. Schedule 11: Neighbourhood Planning: Community Right to Build Orders

         2. Section 117: Charges for meeting costs relating to neighbourhood planning

         3. Section 118: Regulations under section 117: collection and enforcement

         4. Section 119: Regulations under section 117: supplementary

         5. Section 120: Financial assistance to neighbourhood development

         6. Section 121: Consequential amendments

      4. Chapter 4: Consultation

         1. Section 122: Consultation before applying for planning permission

      5. Chapter 5: Enforcement

         1. Section 123: Retrospective planning permission

         2. Section 124: Time limits for enforcing concealed breaches of planning control

         3. Section 126: Planning offences: time limits and penalties

         4. Section 127: Powers in relation to: unauthorised advertisements; defacement of premises

            1. New sections 225A and 225B: Power to remove structures used for unauthorised display

            2. New sections 225C to 225E: Remedying persistent problems with unauthorised advertisements

            3. New sections 225F to 225J: Power to remedy defacement of premises

      6. Chapter 6: Nationally Significant Infrastructure Projects

         1. Section 128: Abolition of Infrastructure Planning Commission

            1. Schedule 13: Infrastructure Planning Commission: transfer of functions to Secretary of State

         2. Section 129: Transitional provision in connection with abolition

         3. Section 130: National policy statements

         4. Section 131: Power to alter effect of requirement for development consent on other consent regimes

         5. Section 132: Secretary of State’s directions in relation to projects of national significance

         6. Section 133: Pre-application consultation with local authorities

         7. Section 134: Reform of duties to publicise community consultation statement

         8. Section 135: Claimants of compensation for effects of development

         9. Section 136: Rights of entry for surveying etc in connection with applications

         10. Section 137: Acceptance of applications for development consent

         11. Section 138: Procedural changes relating to applications for development consent

         12. Section 139: Timetables for reports and decisions on applications for development consent

         13. Section 140: Development consent subject to requirement for further approval

         14. Section 141: Local authority, statutory undertakers’ and National Trust land

         15. Section 142: Changes to notice requirements for compulsory acquisition

      7. Chapter 7: Other planning matters

         1. Section 143: Applications for planning permission: local finance considerations

   7. Part 7: Housing

      1. Chapter 1: Allocation and Homelessness

         1. Sections 145, 146 and 147: Allocation

         2. Section 148 and 149: Duties to homeless persons

      2. Chapter 2: Social Housing: Tenure Reform

         1. Sections 150 to 153: Tenancy strategies

         2. Sections 154 and 155: Flexible tenancies

         3. Sections 156 to 166: Other provisions relating to tenancies of social housing

      3. Chapter 3: Housing Finance

         1. Sections 167 to 175: Housing Finance

      4. Chapter 4: Housing Mobility

         1. Section 176: Standards facilitating exchange of tenancies

         2. Section 177: Assisting tenants of social landlords to become home owners

      5. Chapter 5: Regulation of social housing

         1. Section 178: Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency;

         2. Section 179: Regulation of social housing

      6. Chapter 6: Other Housing Matters

         1. Section 180: Housing Complaints

         2. Sections 181 and 182: Transfer of functions to the housing ombudsman

         3. Section 183 – Abolition of Home Information Packs

         4. Section 184: Tenancy deposit schemes

         5. Section 185: Exemption from HMO licensing for buildings run by co-operatives

   8. Part 8: London

      1. Chapter 1: Housing and Regeneration Functions

         1. Section 186: Removal of limitations on Greater London Authority’s general power

         2. Section 187: New housing and regeneration functions of the Authority

         3. Section 188: The London housing strategy

         4. Section 189: Modification to the Homes and Communities Agency’s functions

         5. Section 190: Transfer of property of the Homes and Communities Agency etc

         6. Section 191: Abolition of the London Development Agency

         7. Section 192: Mayor’s economic development strategy for London

         8. Section 193: Transfer schemes: general provisions

         9. Section 194 and 195: Consequential provision

      2. Chapter 2: Mayoral development corporations

         1. Sections 196 to 200: Establishment and areas

         2. Section 201: Object and powers

         3. Sections 202 to 205: Planning and infrastructure functions

         4. Sections 206 to 210: Land functions

         5. Sections 211 to 214: Other functions

         6. Sections 215 to 217: Dissolution

         7. Sections 218 to 222: General

      3. Chapter 3 – Greater London Authority Governance

         1. Sections 223 to 231 – Greater London Authority Governance

   9. Part 9: Compensation for Compulsory Acquisition

      1. Section 232 - Taking account of planning permission when assessing compensation

   10. Part 10: General

       1. Section 233: Tax

       2. Sections 234 to 241: General

6. Commencement

7. Territorial Application

8. Hansard References