Part 3: Other measures about local authorities and PCCs
Chapter 1: Reorganisation, governance, elections and councillors
Reorganisation
Section 59: Single tiers of local government
Background
- Section 2 of the Local Government and Public Involvement in Health Act 2007 (the 2007 Act) allows the Secretary of State to direct principal authorities, namely a county council or a district council in England, to submit a proposal for local government reorganisation to establish a single tier of local government.
- Section 3 of the 2007 Act introduced a provision preventing new directions under section 2 from being given after 25 January 2008 by the Secretary of State for principal authorities to submit a proposal.
- Section 15 of the Cities and Local Government Devolution Act 2016 allows proposals to be brought forward by local authorities on the merger of existing unitary authorities, and includes a consent requirement from all councils involved in the proposal.
Effect
- This section introduces Schedule 28, which amends the 2007 Act to allow the Secretary of State to invite or direct principal authorities where there is a single tier of local government, to merge by submitting a proposal for the establishment of new unitary councils in their area. The Secretary of State will then be able to decide whether to implement the proposal after consulting affected local authorities that have not made the proposal and such other persons considered appropriate.
- Schedule 28 also reverses the provision that prevented the Secretary of State from directing principal authorities in two-tier local government areas to submit a proposal under section 2 of the 2007 Act. The effect of this provision is to create a process for mergers that is the same as the process of unitarisation.
- Schedule 28 also allows for the Secretary of State to either abolish a combined authority (CA) and combined county authority (CCA), or convert a CCA to a CA, for the purpose of implementing a proposal for the establishment of new unitary councils.
Section 60: Certain functions of shadow authorities for single tiers of local government
Background
- Section 11 of the Local Government and Public Involvement in Heath Act 2007 (the 2007 Act) provides for the matters that may be included in an order when the Secretary of State implements a proposal or a recommendation under sections 7 or 10 of the 2007 Act (i.e. a proposal or recommendation for structural or boundary change), including making provision in relation to electoral matters as defined in section 12 of the 2007 Act (i.e. provision relating to membership of authorities). This includes the functions of a new local authority, and the discharge of those functions, during a transitional period, prior to members of the new authority coming into office following an election.
Effect
- This section amends section 12 of the 2007 Act to provide that where an order is made under sections 11 and 12(1)(k) to confer functions on a new local authority in relation to a combined authority (CA) or combined county authority (CCA), the order may also provide that the predecessor local authority to the new local authority will no longer hold those functions. This may apply to areas undergoing local government reorganisation simultaneously to establishing a new CA or CCA which include these areas. In these instances, the exercise of this enabling power would provide that consent will no longer need to be sought from the predecessor councils to the establishment of a new CA or CCA once the shadow authorities have been established and given the necessary functions of consent.
Governance
Section 61 Local authority governance and executives
Background
- Part 1A of the Local Government Act 2000 (the 2000 Act) sets out the permissible governance arrangements for local authorities in England. Local authorities may operate with an executive: either executive arrangements with a directly elected mayor (mayor and cabinet) or with a leader and cabinet, or they can operate the committee system. The 2000 Act enables local authorities in England to change their governance model via council resolution; this may be preceded by a referendum, which in turn may be preceded by a petition from the electorate. A subsequent change cannot take place within moratorium periods: five years in the case of a simple resolution, ten years where there has been a referendum apart from in certain limited circumstances.
Effect
- This section introduces Schedule 29 of this Act, which changes the available governance arrangements for councils in England, requiring those currently operating the committee system to move to the leader and cabinet model except where an exemption applies, and preventing the creation of new local authority mayoralties and the adoption of the committee system by councils.
Section 62: Local authorities: effective neighbourhood governance
Effect
- This section introduces a duty on local authorities to make appropriate arrangements for effective governance of any neighbourhood area. It provides the Secretary of State with the power, by way of regulations, to define a neighbourhood area and to specify the parameters of what arrangements will be appropriate to meet this duty.
- Additionally, this section provides that when a local authority is making arrangements for neighbourhood governance for a neighbourhood area that has one or more parish councils, it must engage with those parish councils about their representation in those arrangements.
Elections
Section 63: Mayors and Police and Crime Commissioners: supplementary vote system
Background
- Under legislation prior to this Act, elections for Police and Crime Commissioners and Police, Fire and Crime Commissioners (‘P(F)CCs’ to cover all) in England and Wales, and the Mayor of London, mayors of combined authorities (CAs), mayors of combined county authorities (CCAs) and local authority mayors in England were held using the simple majority voting system, also known as the First Past the Post voting system. The Elections Act 2022 amended previous legislation, which provided that all P(F)CC and mayoral elections were held using the supplementary vote system. The supplementary vote system was previously the voting system implemented on the introduction of both P(F)CC and mayoral elections.
Effect
- This section introduces Schedule 30 of this Act, which sets out provisions that change the voting system used for electing P(F)CCs in England and Wales, and the Mayor of London, CA mayors, CCA mayors and local authority mayors in England from the First Past the Post voting system to the supplementary vote system.
Section 64: Limit on delay of election in connection with local government reorganisation
Background
- Section 87 of the Local Government Act 2000 (the 2000 Act) enables the Secretary of State to change the year of an English local authority’s election. The power has been used to postpone elections to councils that are undergoing local government reorganisation under Part 1 of the Local Government and Public involvement in Health Act 2007 (the 2007 Act) as well as for other purposes. The Secretary of State also has powers under the 2007 Act to cancel elections to councils that are to be dissolved under local government reorganisation.
Effect
- This section prevents elections of English principal councils from being delayed by statutory instrument for more than 53 weeks for reasons which relate to a process of local government reorganisation under the Local Government and Public Involvement in Health Act 2007.
- Sub-section (2) defines key terms. A process of local government reorganisation includes an invitation or direction to a council to prepare a proposal for reorganisation or a recommendation for boundary change from the Local Government Boundary Commission for England. Any period following notification by the Secretary of State that he or she might issue an invitation or direction is included. Where postponement is made for multiple reasons including reorganisation, the 53-week limit is to be applied. The limit applies regardless of whether the postponement would be achieved by a single statutory instrument or by more than one instrument, and it includes any period when an election does not take place because it is being cancelled due to reorganisation.
- Sub-section (3) provides further definitions. It specifies the types of statutory instrument to which the limit applies as those made under section 87 of the 2000 Act and under section 7 or 10 of the 2007 Act. It specifies that an English principal council is a county council in England, a district council, or a London borough council. The "original election date" is the date on which the election would have taken place but for the effect of any statutory instrument or instruments postponing the election for reasons related to reorganisation.
Councillors
Section 65: Publication of addresses of members etc in authority registers
Background
- Under section 29 of the Localism Act 2011 (the 2011 Act), the monitoring officer of a relevant local authority is required to maintain a register of interests of members and co-opted members of the authority. Members and co-opted members are required to notify the authority’s monitoring officer of any disclosable pecuniary interests, which may include their home address if it is within the area of the relevant authority. Interests entered into the register are included in public versions of the register unless the sensitive interests provisions at section 32 of the 2011 Act applies.
Effect
- This section prevents a member’s or co-opted member’s home address from being included in public registers by default.
- This section inserts section 32A into the 2011 Act which provides that details of a member’s usual residential address must not be included in the local authority’s public register of interests. A member or co-opted member may, by writing to the monitoring officer, request that this address is included in the public register of interests and they may vary this choice at any time. Where details of a home address are not to be included in the public register under these provisions, the public register will state that the member does have an interest, the details of which are withheld under this section.
- This section also provides that the public register required to be maintained under section 100G of the 1972 Act (which is separate to the register of interests) must not include a member’s address.
Chapter 2: Grants to joint committees of London councils
Section 66: Power to pay grant to joint committees of London Councils
- In circumstances where there are initiatives which span the boundaries of London Borough Councils and/or the City of London, but are outside the remit of the Greater London Authority (GLA), it may be beneficial for the Government to pay grant funding directly to a joint committee of these authorities.
- This section creates a power for Ministers of the Crown to pay grant funding to a joint committee made up of all London Borough Councils and the City of London, established under Section 101(5) of the Local Government Act 1972 or to an eligible sub-committee of such a joint committee. It inserts a new Section 32A to the Local Government Act 2003, which mirrors the power to pay in Section 31 of that Act.
- The section only allows for a grant to be paid to an ‘eligible’ London joint committee. Eligibility criteria are to be set out in regulations made by the Secretary of State and can, address: the way the committee is established; its functions or purpose; its membership; and its constitution, administration, or oversight.
- In addition to determining eligibility, regulations may make provision about the constitution, procedures, administration and oversight of the joint committees or sub-committees.
Chapter 3: Assets of community value
Section 67: Community right to buy assets of community value and protection of sporting assets
Background
- In Part 5 of the Localism Act 2011 (the 2011 Act), Chapter 3 provides for an asset of community value scheme in England and Wales. It allows communities to nominate any building or piece of land that furthers their social wellbeing or interests to their local authority, who will then decide whether it meets the definition of an asset of community value. If so, the local authority will include it in their local list of assets of community value for a period of five years. If the asset owner wishes to sell a listed asset, there is a six-month moratorium on the sale to enable communities to raise funding to bid for the asset. The scheme has been commenced in England but not in Wales.
Effect
- This section introduces Schedule 31 of this Act, which inserts new Chapter 2A into the 2011 Act. This Schedule amends the provisions in the 2011 Act as they apply to England to create a new community right to buy. This provides new powers for community groups in England who wish to purchase local assets that are important to them. The provisions for Wales remains the same.
- Schedule 31 also introduces a new sporting asset of community value category, which builds on the asset of community value provisions in the 2011 Act. This new designation provides enhanced protections for sports grounds and their supporting facilities. The amendments in this section provide for the automatic and indefinite listing of sporting assets of community value. This section also broadens the scope of what can be included within a listing, allowing assets that support the functioning of a sports ground, such as car parks, to be indefinitely listed as assets of community value.
Chapter 4: Parking on Footways and Verges
Section 68: Prohibition of parking on Footways and Verges
Background
- Previously, local transport authorities did not have effective legal powers to manage parking of motor vehicles on footways and verges in their areas.
- Part I of the Road Traffic Regulation Act 1984 gives local authorities the power to set parking restrictions on specific roads using Traffic Regulation Orders ("TROs"). TROs could be used to prohibit parking on footways and verges in certain areas, and they are civilly enforceable in civil enforcement areas under Part 6 of the Traffic Management Act 2004. However, in practice, TROs are costly and time consuming and are not used widely by local authorities to tackle the problem of parking on footways and verges.
- Other than TROs, it is an offence to obstruct free passage along a highway (section 137 of the Highways Act 1980), and to drive on a footpath (section 72 of the Highway Act 1835). It is also an offence to unnecessarily obstruct a road (Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986, made under the Road Traffic Act 1988). However, these offences are not civilly enforceable, and they do not provide a targeted prohibition on parking on the footway or verge.
- Section 19 of the Road Traffic 1988 makes it an offence for HGVs to park on the verge, central reservation or footway. This offence is enforced by local authorities in areas where they have civil enforcement powers and elsewhere it is enforced by the police.
- The vast majority of parking enforcement is carried out civilly by local authorities. Part 6 of the Traffic Management Act 2004 gives local authorities civil enforcement powers in relation to certain parking contraventions where an area has been designated as a civil enforcement area. Civil enforcement areas now apply in 98% of England.
- Where civil enforcement areas apply, the parking contraventions listed in Schedule 7 to the 2004 Act are decriminalised and cannot be enforced by the police except at safety-critical pedestrian crossing locations where any police enforcement takes precedent. This is by virtue of regulation 8 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022.
Effect
- This section introduces Schedule 32 of this Act, which creates new powers to enable the Secretary of State to make regulations which give English local transport authorities the power to prohibit parking on footways and verges in their areas that are also civil enforcement areas. A contravention of a parking prohibition introduced by regulations is made civilly enforceable.
Chapter 5: Land disposed of by local councils
Discharge of statutory trust
Section 69: Secretary of State to have power to discharge statutory trust
Background
- Local authorities may hold public open space under statutory trusts created by section 10 of the Open Spaces Act 1906 and section 164 of the Public Health Act 1875, which require the land to be held for public enjoyment. When disposing of such land (or appropriating it for a different purpose) the Local Government Act 1972 requires a local authority to advertise its intention for two consecutive weeks and consider objections in order that the statutory trust can be released. The Supreme Court’s decision in R (Day) v Shropshire Council UKSC 8 exposed a lacuna in the law that, if these procedures are not followed, there is no mechanism, whether under the Local Government Act 1972 or otherwise, by which the statutory trust can be released.
Effect
- The section introduces a new statutory mechanism to address situations where open space land remains subject to such a statutory trust because a local authority failed to comply with the relevant advertisement requirements under the Local Government Act 1972. The new section empowers the Secretary of State on application by the freeholder or long leaseholder of such land to discharge the trust where to do so is in the public interest and where other qualifying conditions are satisfied.
- The section creates a new application process allowing the freeholder or long leaseholder of affected land to seek release of the statutory trust, subject to mandatory publicity requirements and a decision from the Secretary of State. Communities will be able to make representations on any application to release a statutory trust through the required public notices, which must be locally advertised, displayed on the land, and published by the Secretary of State before a decision is made.
- When deciding whether or not to release the statutory trust, the Secretary of State must apply a public-interest test, considering factors such as nature and landscape conservation, public access, archaeological or historic interests, planning considerations and economic benefits and may also take into account any other relevant matter.
Chapter 6: Licensing of taxis and private hire vehicles
National standards
Section 70: "National standard" and "regulated licence"
Effect
- This section defines the terms "national standards" in relation to Chapter 6 of Part 3 of this Act.
- This section explains that "national standards" are standards prescribed by the Secretary of State for Transport under sections 71 to 73 of this Act.
Section 71: Standards relating to the grant of a regulated licence
Effect
- Subsection (1) enables the Secretary of State for Transport to make regulations to set "national standards" which are relevant to whether it is appropriate for a "regulated licence" to be granted by any licensing authority in England.
- Under subsection (2) for each standard, the Secretary of State may set out whether an authority is required to, or has a power to (must or may), refuse to grant a licence if it is not satisfied that the standard is met. For example, this enables the Secretary of State to prohibit a regulated licence being issued if an applicant has a conviction for a specified offence.
- Subsection (3) provides regulations may prescribe that if a licence is refused the Secretary of State may specify whether the authority must or may give an applicant, the ability to remedy the failure (if is possible to do so) to meet the standard so that a licence may be issued.
- Subsections (4) and (5) prescribe that regulations may enable existing powers of refusal to be extended so that the existing power is used, or treated as being used, to refuse the grant of a licence where a licensing authority is not satisfied that a national standard is met. This would mean that existing appeal routes could be used for those applicants refused a licence under the regulations.
Section 72: Standards relating to the suspension or revocation of a regulated licence
Effect
- Subsection (1) enables the Secretary of State for Transport to make regulations to set "national standards" which must be maintained for a "regulated licence" to continue in force until the expiry of the licence period. The regulations may stipulate what action a licensing authority must or may take if it is not satisfied that a standard has been adhered to.
- Under subsection (2) for each standard the Secretary of State may, by regulations, set out the circumstances where a licensing authority must or may revoke or suspend a licence. Subsection (3) sets out that regulations may set out that, where a licensing authority has a power to revoke or suspend a licence under subsection (2), the regulations may provide for a licensing authority to be required to, or have the power to, give an opportunity for the licensee to remedy the failure to meet a "national standard".
- Subsections (4) and (5) enable existing powers of suspension and revocation to be extended to cover instances where a licensing authority is not satisfied that a national standard is met, including the use of existing appeal routes by licensees.
Section 73: Standards relating to the renewal of a regulated licenced
Effect
- Subsection (1) enables the Secretary of State for Transport to make regulations to set "national standards" which must be maintained for a "regulated licence" to continue in force until the expiry of the licence period. The regulations may stipulate what action a licensing authority must or may take if it is not satisfied that a standard has been adhered to.
- Under subsection (2) for each standard the Secretary of State may, by regulations, set out the circumstances where a licensing authority must or may revoke or suspend a licence. Subsection (3) sets out that regulations may set out that, where a licensing authority has a power to revoke or suspend a licence under subsection (2), the regulations may provide for a licensing authority to be required to, or have the power to, give an opportunity for the licensee to remedy the failure to meet a "national standard".
- Subsections (4) and (5) enable existing powers of suspension and revocation to be extended to cover instances where a licensing authority is not satisfied that a national standard is met, including the use of existing appeal routes by licensees.
Section 74: Further provision about standards
Effect
- This section makes further provision about the nature of "national standards" that can be prescribed in regulations.
- Subsections (1), (2) and (4) set out what the standards may relate to and actions that they might require, without limiting the kinds of standards that can be set. For example, national standards could relate to applicants, licence holders, types of vehicles, training requirements or vehicle equipment.
- Subsection (3) gives the Secretary of State power to prescribe that national standards be applied retrospectively to existing as well as new licences.
Section 75: Duty to report concerns about drivers licensed in other areas
Effect
- This section amends the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 (the 2022 Act). The 2022 Act requires licensing authorities to share with the licensing authority that issued the driver’s licence "relevant information" on issues such as safeguarding, road safety, and equality concerns about drivers working in their area but not licensed by them.
- Subsections (1) to (4) amend the duty on English licensing authorities under section 5 of the 2022 Act to report concerns about drivers licensed in other areas. The effect of subsection (3) and (4) is to place requirements on licensing authorities to report any breaches of national standards to the licensing authority that issued the licence.
- Subsection (5) inserts a new section 6A into the 2022 Act which provides the Secretary of State with the power to make regulations requiring English licensing authorities to collate information on the use of the reporting mechanism under sections 5 and 6 of the 2022 Act and to produce and publish the collated information.
Temporary suspension of licences
Section 76: Power to suspend a licence temporarily
Effect
- This section gives licensing enforcement officers the power to suspend taxi and private hire vehicle licences where a vehicle is being driven in the licensing enforcement officer’s enforcement area and they consider it necessary for public safety reasons to suspend the licence with immediate effect.
- Subsection (1) provides this power in respect of regulated driver licences, subsection (2) in respect of regulated vehicle licences and subsection (3) in respect of regulated private hire vehicle operator licences. Subsection 4 provides that this power can be used in respect of any licence granted by any licensing authority in England even if that enforcement officer does not work for the English licensing authority that issued the licence.
Section 77: Suspension under section 76
Effect
- This section sets out details on how the power to suspend a license temporarily is to be used. Subsection (1) states that this section applies when temporarily suspending a licence using the powers under section 76.
- Subsection (2) requires the licensing enforcement officer to give the notice of suspension to the person they believed was driving the vehicle at the time the officer decided to suspend the licence. Subsection (3) provides that the suspension takes immediate effect once the notice has been given. Subsection (4) provides that the licence holder may not exercise any rights granted by the licence, so effectively they can no longer provide taxi or private hire vehicle services to the public.
- Subsection (5) provides that the suspension will cease to take effect 48 hours after the notice of suspension was given, but subsection (6) makes any such suspension subject to further actions that the issuing authority may take (see section 80(3)).
- Subsection (7) provides the Secretary of State with the power to make regulations to amend the duration of such suspensions and make consequential amendments to the time periods for the notification requirements between licensing authorities set out in section 79(2).
- Subsection (8) provides the Secretary of State with the power to make regulations detailing the form or contents of suspension notices and the manner in which suspension notices must be given.
Section 78: Suspension notice given to person who is not licence holder
Effect
- This section requires an enforcement officer who has issued a suspension notice to a holder of a regulated driver, vehicle, or operator license, and later becomes aware that a different person is the licence holder, to notify the licence holder that a suspension notice has been given. This may apply, for example, where a suspension is issued against a private hire vehicle licence because of a defective tyre and the driver of the vehicle is not the vehicle licence holder. Subsection (3) provides the Secretary of State with the power to make regulations about the form and contents of such notifications, the period within which notifications are to be given, and the manner in which such notifications are to be given.
Section 79: Responsible licensing authority to be notified of suspension
Effect
- This section sets out that if the suspension notice is issued by an officer of a licensing authority ("the suspending authority") that did not grant the licence being suspended, the authority that did grant the licence ("the responsible authority") must be notified within 24 hours of the notice being given. Subsection (3) provides the Secretary of State with the power to make regulations about the form and contents of notifications and the manner in which such notifications must be given.
Section 80: Responsible licensing authority’s response to suspension of licence
Effect
- If a suspension notice has been issued, this section requires the responsible authority to either terminate the suspension, extend the duration of the suspension or allow the suspension to cease to have effect once the temporary suspension period is over.
- Subsections (1) to (13) provide for the actions that should be taken by a licensing authority upon receiving notification that a regulated driver, vehicle, or private hire vehicle operator that they licence has been issued with a temporary suspension by a different licensing authority. This includes the decisions that the licensing authority must take to either terminate the suspension, extend the period of suspension, or to allow the suspension to cease to have effect at the end of the suspension period.
- These subsections also provide for the notifications that the home licensing authority must give to their licensee in relation to their decision and for the home licensing authority to consider whether to exercise their other functions as a licensing authority in relation to the suspended licence, for example by referring the licensee to the licensing committee. These subsections also provide provisions for the Secretary of State to make regulations about the decisions that licensing authorities make, the period within which those decisions must be made and the extension periods of any such suspension and regulations may also cover the form or contents of suspension notices, the period within which notices must be given and the manner in which notices are given.
Section 81: Appeals and compensation
Effect
- This section sets out the requirements in respect of appeals and compensation in relation to the suspension powers provided under section 76 or any decision under section 80(3). This includes a provision that the Secretary of State must make regulations that would enable the holder of a suspended licence to appeal to the magistrates’ court against the suspension or any subsequent decision made by their licensing authority in its response to the suspension.
Section 82: Enforcement officers
Effect
- This section sets out requirements for enforcement officers who may suspend licences. Subsection (1) defines an "enforcement officer" as a person appointed or authorised by an English licensing authority to exercise these functions on its behalf (including, for example, a constable). Subsection (2) provides that the functions are exercised as functions of the licensing authority. Subsection (3) allows any enforcement officer appointed or authorised by the relevant authority to carry out the functions, not only the officer who issued the suspension notice. Subsection (4) enables the Secretary of State to make regulations specifying the issue or use of documents, clothing, badges or other identifiers for enforcement officers.
General provision
Section 83: Guidance
Effect
- This section enables the Secretary of State for Transport to issue statutory guidance to licensing authorities in connection with the exercise of their taxi and private hire vehicle licensing functions contained under the powers conferred by this chapter. Licensing authorities and enforcement officers (see section 82(2)(b)) are required to have regard to this guidance and any revisions to it. The Secretary of State has the power to revise or revoke the guidance.
Section 84: Relationship with existing licensing legislation
Effect
- This section explains the relationship between the Act provisions on taxi and private hire vehicle licensing and existing taxi and private hire vehicle legislation.
- Subsection (1) clarifies that regulations made under this Act do not prevent licensing authorities from exercising their existing powers as they do before the changes in this Chapter come into effect, so long as they are compatible with the new powers.
- Subsections (2) to (7) amend existing taxi and private hire vehicle legislation to clarify that it is subject to the new powers set out in this Chapter on national standards and temporary suspension of regulated licences.
Section 85: Regulations
Effect
- Subsection (1) requires the Secretary of State to consult appropriate persons before making regulations under section 71 to 73 that set out the national standards.
- Under subsection (3) and subsection (4) the regulations under section 71 to 73 and section 77(7) or section 80(11) are subject to the affirmative parliamentary procedure. All other regulations made under this Chapter are subject to the negative resolution procedure under subsection (6).
- Subsections (2) and (5) enable the regulations under this Chapter to amend or repeal existing Acts of Parliament or those passed in the same session as this Act, if they do those regulations are also subject to the affirmative parliamentary procedure.
Section 86: Interpretation
Effect
- This section defines certain expressions and terms used in Chapter 6 of Part 3 of the Act, related to the setting of "national standards" in taxi and private hire vehicle licensing and the temporary suspension of regulated licences.
Chapter 7: Licensing of gambling premises
Section 87: Licensing of gambling premises: impact assessments
Effect
- This section amends the Gambling Act 2005 on the licensing of gambling premises.
- Subsection (3) inserts section 153A conferring the power on licensing authorities to publish a gambling impact assessment stating that the authority considers that the grant of premises licences is not likely to be consistent with one or more of the licensing objectives. Such an assessment must set out the evidence for the authority’s opinion, and before publishing the assessment, the licensing authority must consult the same persons who would be consulted on the authority’s three-year licensing policy.
- Subsection (4) inserts section 165A explaining the role of a gambling impact assessment. Where a licensing authority has published an assessment and included a presumption in its three-year licensing policy that the authority will reject an application for a licence within the scope of the assessment, it is lawful for the authority to reject the application solely on the grounds that the prospective licence is in scope of the assessment. However, a licensing authority may not reject an application where the applicant shows that the grant of the prospective licence would be reasonably consistent with the licensing objectives.
- Subsection (2) amends section 153 (principles to be applied) to provide that that section is subject to new section 165A. That is, the "aim to permit" principle included in section 153 is subject to the ability of a licensing authority to include a presumption in their three-year licensing policy to reject applications for premises licences within the scope of a gambling impact assessment. The presumption in favour of granting premises licences resulting from the "aim to permit" principle would therefore not apply in these circumstances.
Chapter 8: English National Park Authorities and the Broads Authority
The general power of competence
Section 88: Extension of general power of competence to English National Park Authorities and the Broads Authority
Background
- The general power of competence allows for an authority to do anything that an individual can do (subject to legislative limitations) and was originally conferred on local authorities via the Localism Act 2011.
Effect
- This section introduces Schedule 33 of this Act, which amends the Localism Act 2011 so that the general power of competence applies in full to all National Park Authorities in England, and the Broads Authority.
