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Localism Act 2011

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Localism Act 2011. For other versions of these Explanatory Notes, see More Resources.

  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 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 by certain partner authorities

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

          12. New section 9H: Elected mayors

          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

          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

        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 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

        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

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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