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:—
Local Government
A local authority , combined authority, CCA , or English National Park authority, and the Broads Authority, has power to do anything that individuals generally may do.
The general power which a mayoral combined authority or mayoral CCA has under this Chapter may be exercised by the mayor on behalf of that authority (concurrently with the authority).
Subsection (1) applies to things that an individual may do even though they are in nature, extent or otherwise—
unlike anything the authority may do apart from subsection (1), or
unlike anything that other public bodies may do.
In this section “individual” means an individual with full capacity.
power to do it anywhere in the United Kingdom or elsewhere,
power to do it for a commercial purpose or otherwise for a charge, or without charge, and
power to do it for, or otherwise than for, the benefit of the authority, its area or persons resident or present in its area.
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.
Any such other power is not limited by the existence of the general power (but see section 5(2)).
Schedule 1 (consequential amendments) has effect.
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.
The general power does not enable a local authority to do—
anything which the authority is unable to do by virtue of a pre-commencement limitation, or
anything which the authority is unable to do by virtue of a post-commencement limitation which is expressed to apply—
to the general power,
to all of the authority's powers, or
to all of the authority's powers but with exceptions that do not include the general power.
If exercise of a pre-commencement power of a combined authority or CCA 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.
The general power does not enable a combined authority or CCA to do—
anything which the authority is unable to do by virtue of a pre-commencement limitation, or
anything which the authority is unable to do by virtue of a post-commencement limitation which is expressed to apply—
to the general power,
to all of the authority's powers, or
to all of the authority's powers but with exceptions that do not include the general power.
If exercise of a pre-commencement power of an English National Park authority, or of the Broads 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.
The general power does not enable an English National Park authority, or the Broads Authority, to do—
anything which the authority is unable to do by virtue of a pre-commencement limitation, or
anything which the authority is unable to do by virtue of a post-commencement limitation which is expressed to apply—
to the general power,
to all of the authority's powers, or
to all of the authority's powers but with exceptions that do not include the general power.
The general power does not confer power to—
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);
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);
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.
In this section , in relation to a local authority—“post-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision that—is contained in an Act passed after the end of the Session in which this Act is passed, or 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—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 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—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 is contained in an instrument made under an Act and comes into force before the commencement of section 1.
In this section, in relation to a combined authority or CCA—“post-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision that—is contained in an Act passed after the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or is contained in an instrument made under an Act and comes into force on or after the commencement of section 21 of the English Devolution and Community Empowerment Act 2026;“pre-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision that—is contained in this Act, or in any other Act passed no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 21 of the English Devolution and Community Empowerment Act 2026;“pre-commencement power” means power conferred by a statutory provision that—is contained in this Act, or in any other Act passed no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 21 of the English Devolution and Community Empowerment Act 2026.
In this section, in relation to an English National Park authority or the Broads Authority—“post-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision that—is contained in an Act passed after the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or is contained in an instrument made under an Act and comes into force on or after the commencement of section 88 of the English Devolution and Community Empowerment Act 2026;“pre-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision that—is contained in this Act, or in any other Act passed no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 88 of the English Devolution and Community Empowerment Act 2026;“pre-commencement power” means power conferred by a statutory provision that—is contained in this Act, or in any other Act passed no later than the end of the Session in which the English Devolution and Community Empowerment Act 2026 is passed, or is contained in an instrument made under an Act and comes into force before the commencement of section 88 of the English Devolution and Community Empowerment Act 2026.
Subsection (2) applies where—
a local authority , combined authority, CCA , or English National Park authority, or the Broads Authority, provides a service to a person otherwise than for a commercial purpose, and
its providing the service to the person is done, or could be done, in exercise of the general power.
The general power confers power to charge the person for providing the service to the person only if—
the service is not one that a statutory provision requires the authority to provide to the person,
the person has agreed to its being provided, and
ignoring this section and section 93 of the Local Government Act 2003, the authority does not have power to charge for providing the service.
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.
The duty under subsection (3) applies separately in relation to each kind of service.
The general power confers power on a local authority , combined authority, CCA , or English National Park authority, or the Broads 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.
Where, in exercise of the general power, a local authority , combined authority, CCA , or English National Park authority, or the Broads Authority, does things for a commercial purpose, the authority must do them through a company.
A local authority , combined authority, CCA , or English National Park authority, or the Broads 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.
In this section “company” means—
a company within the meaning given by section 1(1) of the Companies Act 2006, or
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969.
If the Secretary of State thinks that a statutory provision (whenever passed or made) prevents or restricts local authorities , combined authorities, CCAs , or English National Park authorities, or the Broads Authority, from exercising the general power, the Secretary of State may by order amend, repeal, revoke or disapply that provision.
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).
The Secretary of State may by order make provision preventing local authorities , combined authorities, CCAs , or English National Park authorities, or the Broads Authority, from doing, in exercise of the general power, anything which is specified, or is of a description specified, in the order.
The Secretary of State may by order provide for the exercise of the general power by local authorities , combined authorities, CCAs , or English National Park authorities, or the Broads Authority, to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.
The power under subsection (1), (2), (3) or (4) may be exercised in relation to—
all local authorities , combined authorities, CCAs , or English National Park authorities,
particular local authorities , combined authorities, CCAs , or English National Park authorities, or
particular descriptions of local authority , combined authority, CCA , or English National Park authority.
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.
Before making an order under subsection (1), (2), (3) or (4) the Secretary of State must consult—as the Secretary of State considers appropriate.
such local authorities , combined authorities, CCAs , or English National Park authorities,
such representatives of local government, and
such other persons (if any),
Before making an order under subsection (1), (2), (3) or (4) in relation to the Broads Authority, the Secretary of State must consult the Authority if the Secretary of State considers it appropriate.
Before making an order under subsection (1) that has effect in relation to Wales, the Secretary of State must consult the Welsh Ministers.
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.
Those conditions are that—
the effect of the provision is proportionate to the policy objective intended to be secured by the provision;
the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;
the provision does not remove any necessary protection;
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;
the provision is not of constitutional significance.
An order under section 5(1) may not make provision for the delegation or transfer of any function of legislating.
For the purposes of subsection (3) a “function of legislating” is a function of legislating by order, rules, regulations or other subordinate instrument.
An order under section 5(1) may not make provision to abolish or vary any tax.
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.
a draft of the order, and
an explanatory document explaining the proposals and giving details of—
the Secretary of State's reasons for considering that the conditions in section 6(2), where relevant, are satisfied in relation to the proposals,
any representations received as a result of the consultation, and
the changes (if any) made as a result of those representations.
section 18(11) of that Act were omitted,
references to section 14 of that Act were references to subsection (2), and
references to the Minister were references to the Secretary of State.
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.
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
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.
In this Chapter—“CCA” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;“English National Park authority” means a National Park authority for a National Park in England;“the general power” means the power conferred by section 1(1);“local authority” means—a county council in England, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly, or an eligible parish council;“mayor”, in relation to a mayoral combined authority or mayoral CCA, means the mayor for the area of that authority;“mayoral CCA” has the same meaning as in Chapter 1 of Part 1 of the Levelling-up and Regeneration Act 2023 — see section 57 of that Act;“mayoral combined authority” has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 120 of that Act;“statutory provision” means a provision of an Act or of an instrument made under an Act.
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.
In Part 1 of the Fire and Rescue Services Act 2004 (fire and rescue authorities) after section 5 insert—
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).
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 ”.
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.
In section 60 of the Fire and Rescue Services Act 2004 (orders and regulations) after subsection (5) insert—
In section 62 of the Fire and Rescue Services Act 2004 (application of Act in Wales)—
after subsection (1) insert—, and
omit subsection (3) (disapplication of section 60(4) and (5)).
In section 146A of the Local Government Act 1972 (application of provisions to certain joint and other authorities)—
in subsection (1) after “Subject to subsections (1ZA), (1ZB)” insert “ , (1ZC) ”, and
after subsection (1ZB) insert—
The Fire and Rescue Services Act 2004 is amended as follows.
After section 18 insert—
Omit section 19 (charging).
In section 62 (application of Act in Wales) before subsection (2) insert—
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.
In Part 5 of the Local Transport Act 2008 (integrated transport authorities etc) after section 102A insert—
In Part 2 of the Transport Act 1968 (integrated transport authorities etc) after section 10 insert—
In section 10(1) of the Transport Act 1968 (powers of a Passenger Transport Executive)—
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
in paragraph (xxviii) (power to turn unneeded resources to account) omit “so far as not required for the purposes of their business”.
In section 22 of the Transport Act 1968 (orders under Part 2 of that Act to be subject to annulment) after subsection (2) insert—
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—.
In Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (economic prosperity boards and combined authorities) after section 113 insert—
In section 146A of the Local Government Act 1972 (application of provisions to certain joint and other authorities)—
in subsection (1) for “or (1A)” substitute “ , (1ZD) or (1ZE) ”, and
after subsection (1ZC) (which is inserted by section 9 of this Act) insert—
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—
The Secretary of State may by order make provision—
transferring a local public function from the public authority whose function it is to an EPB;
about the discharge of local public functions that are transferred to EPBs under this section (including provision enabling the discharge of those functions to be delegated).
An order under this section may modify any enactment (whenever passed or made) for the purpose of making the provision mentioned in subsection (1).
The power to modify an enactment in subsection (2) is a power—
to apply that enactment with or without modifications,
to extend, disapply or amend that enactment, or
to repeal or revoke that enactment with or without savings.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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—
promote economic development or wealth creation, or
increase local accountability in relation to each local public function transferred by the order.
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 EPB to which it is transferred.
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 EPB to which it is transferred.
The Secretary of State may not make an order under this section transferring a local public function to an EPB unless the authority has consented to the transfer.
Before making an order under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
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.
A function is eligible for the purposes of subsection (1) if—
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
the Minister of the Crown considers that it can appropriately be exercised by the permitted authority.
No delegation under subsection (1), and no variation of a delegation under that subsection, may be made without the agreement of the permitted authority.
Before delegating a function under subsection (1), the Minister of the Crown must consult such persons as the Minister considers appropriate.
A delegation under subsection (1) may be revoked at any time by any Minister of the Crown.
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 EPB to which the function is transferred.
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.
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.
The things that may be transferred under a transfer scheme include—
property, rights or liabilities that could not otherwise be transferred;
property acquired, or rights or liabilities arising, after the making of the order.
A transfer scheme may make consequential, supplementary, incidental and transitional provision and may in particular make provision—
for a certificate issued by a Minister of the Crown to be conclusive evidence that property has been transferred;
creating rights, or imposing liabilities, in relation to property or rights transferred;
about the continuing effect of things done by or in relation to the transferor in respect of anything transferred;
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;
for references to the transferor in an instrument or other document relating to anything transferred to be treated as references to the transferee;
for the shared ownership or use of property;
that has the same or similar effect as the TUPE regulations (so far as those regulations do not apply in relation to the transfer).
A transfer scheme may provide—
for modification by agreement;
for modifications to have effect from the date when the original scheme came into effect.
For the purposes of this section—
an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and
the terms of the individual's employment in the civil service are to be regarded as constituting the terms of the contract of employment.
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.
If the Secretary of State receives a relevant proposal from an EPB, the Secretary of State must—
consider the proposal, and
notify the EPB of what action, if any, the Secretary of State will take in relation to the proposal.
The Secretary of State may by regulations specify criteria to which the Secretary of State must have regard in considering a relevant proposal.
For the purposes of this section, a “relevant proposal” is a proposal—
that is accompanied by such information and evidence as the Secretary of State may specify by regulations.
Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
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.
The Secretary of State must have regard to—made during the 60-day period with regard to the draft order.
any representations,
any resolution of either House of Parliament, and
any recommendations of a committee of either House of Parliament charged with reporting on the draft order,
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—
stating whether any representations were made under subsection (2)(a), and
if any representations were so made, giving details of them.
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.
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.
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.
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 revised draft order, and
a statement giving details of—
any representations made under subsection (2)(a), and
the revisions proposed.
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.
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.
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.
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.
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.
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.
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.
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);“EPB” means an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;“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—the permitted authority's area, or persons living, working or carrying on activities in that area;“permitted authority” means—a county council in England, a district council, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, or 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.
Schedule 2 (new Part 1A of, including Schedule A1 to, the Local Government Act 2000) has effect.
Schedule 3 (minor and consequential amendments relating to local authority governance in England) has effect.
An order under subsection (1) may, in particular, include any provision—
relating to local authorities—
ceasing to operate executive arrangements or alternative arrangements under Part 2 of the Local Government Act 2000, and
starting to operate executive arrangements or a committee system under Part 1A of that Act,
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
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.
The reference in subsection (2)(b) to things done includes a reference to things omitted to be done.
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.
The Local Government and Public Involvement in Health Act 2007 is amended as follows.
Omit the following provisions (which provide that councils may pass resolutions to change their electoral schemes only in certain permitted periods)—
section 33(4), (6) and (7) (district councils changing to whole-council elections),
section 38(4), (6) and (7) (non-metropolitan district councils reverting to elections by halves), and
section 40(4), (6) and (7) (district councils reverting to elections by thirds).
In section 33 (resolution for whole-council elections: requirements) after subsection (3) insert—
In section 34 (scheme for whole-council elections) after subsection (4) insert—
After section 31 insert—
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—
Subsection (2) applies if—
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
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.
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—
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
the matter was relevant to the decision.
Subsection (2) applies in relation to a decision-maker only if that decision-maker—
is a member (whether elected or not) of the relevant authority, or
is a co-opted member of that authority.
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—is a member of any committee or sub-committee of the authority, or 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”—in relation to the Greater London Authority, means the Mayor of London or a London Assembly member, and 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 county council, a district council, a county borough council, a London borough council, the Common Council of the City of London, the Greater London Authority, a National Park authority, the Broads Authority, the Council of the Isles of Scilly, a parish council, or a community council.
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.
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.
A relevant authority must promote and maintain high standards of conduct by members and co-opted members of the authority.
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.
A relevant authority that is a parish council—
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
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—and who is entitled to vote on any question that falls to be decided at any meeting of that committee or sub-committee.
is a member of any committee or sub-committee of the authority, or
is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,
In this Chapter “co-opted member” includes a police and crime commissioner who—
is entitled to participate in meetings of a county or district council by virtue of paragraph 6ZA of Part 1 of Schedule 12 to the Local Government Act 1972, or
is entitled to participate in meetings of an executive of a county or district council by virtue of paragraph 4A of Schedule A1 to the Local Government Act 2000.
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.
In this Chapter “relevant authority” means—
a county council in England,
a district council,
a London borough council,
a parish council,
the Greater London Authority,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Common Council of the City of London in its capacity as a local authority or police authority,
the Council of the Isles of Scilly,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a joint authority established by Part 4 of the Local Government Act 1985,
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,
a combined authority established under section 103 of that Act,
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,
the Broads Authority, or
a National Park authority in England established under section 63 of the Environment Act 1995.
Any reference in this Chapter to a member of a relevant authority—
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;
in the case of the Greater London Authority, is a reference to the Mayor of London or a London Assembly member.
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.
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.
In this Chapter except section 35—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.
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—
a committee or sub-committee of the London Assembly, or
the standards committee, or a sub-committee of that committee, established under that section,
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,
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
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;
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—
selflessness;
integrity;
objectivity;
accountability;
openness;
honesty;
leadership.
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—
pecuniary interests, and
interests other than pecuniary interests.
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.
A relevant authority may—
revise its existing code of conduct, or
adopt a code of conduct to replace its existing code of conduct.
A relevant authority other than a parish council must have in place—
arrangements under which allegations can be investigated, and
arrangements under which decisions on allegations can be made.
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—
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
whose views may be sought—
by the authority in relation to an allegation in circumstances not within paragraph (a),
by a member, or co-opted member, of the authority if that person's behaviour is the subject of an allegation, and
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.
For the purposes of subsection (7)—
a person is not independent if the person is—
a member, co-opted member or officer of the authority,
a member, co-opted member or officer of a parish council of which the authority is the principal authority, or
a relative, or close friend, of a person within sub-paragraph (i) or (ii);
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—
a member, co-opted member or officer of the authority, or
a member, co-opted member or officer of a parish council of which the authority is the principal authority;
a person may not be appointed under the provision required by subsection (7) unless—
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,
the person has submitted an application to fill the vacancy to the authority, and
the person's appointment has been approved by a majority of the members of the authority;
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.
In subsections (6) and (7) “allegation”, in relation to a relevant authority, means a written allegation—
that a member or co-opted member of the authority has failed to comply with the authority's code of conduct, or
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.
For the purposes of subsection (8) a person (“R”) is a relative of another person if R is—
the other person's spouse or civil partner,
living with the other person as husband and wife or as if they were civil partners,
a grandparent of the other person,
a lineal descendant of a grandparent of the other person,
a parent, sibling or child of a person within paragraph (a) or (b),
the spouse or civil partner of a person within paragraph (c), (d) or (e), or
living with a person within paragraph (c), (d) or (e) as husband and wife or as if they were civil partners.
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—
whether to take action in relation to the member or co-opted member, and
what action to take.
Subsections (11B) to (11D) apply if a police and crime commissioner is a member or co-opted member of a relevant authority in the commissioner's capacity as such.
Arrangements put in place under subsection (6)(b) by the relevant authority must include provision for an allegation against the commissioner to be referred to the police and crime panel for the commissioner's police area.
If, in response to an allegation referred to it by virtue of subsection (11B), the police and crime panel makes a report or recommendation to the police and crime commissioner under section 28(6) of the Police Reform and Social Responsibility Act 2011, the panel may also make a report or recommendation on the allegation to the relevant authority.
The relevant authority must take any such report or recommendation into account in determining—
whether the police and crime commissioner has failed to comply with the authority's code of conduct,
whether to take action in relation to the commissioner, and
what action to take.
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.
A relevant authority's function of adopting, revising or replacing a code of conduct may be discharged only by the authority.
Accordingly—
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;
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.
The monitoring officer of a relevant authority must establish and maintain a register of interests of members and co-opted members of the authority.
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.
Nothing in this Chapter requires an entry to be retained in a relevant authority's register once the person concerned—
no longer has the interest, or
is (otherwise than transitorily on re-election or re-appointment) neither a member nor a co-opted member of the authority.
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.
The monitoring officer of a relevant authority other than a parish council must secure—
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
that the register is published on the authority's website.
The monitoring officer of a relevant authority that is a parish council must—
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,
secure that the register is published on the principal authority's website, and
provide the parish council with any data it needs to comply with subsection (7).
A parish council must, if it has a website, secure that its register is published on its website.
In this Chapter “principal authority”, in relation to a parish council, means—
in the case of a parish council for an area in a district that has a district council, that district council,
in the case of a parish council for an area in a London borough, the council of that London borough, and
in the case of a parish council for any other area, the county council for the county that includes that area.
In this Chapter “register”, in relation to a relevant authority, means its register under subsection (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.
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.
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—
it is an interest of M's, or
it is an interest of—and M is aware that that other person has the interest.
M's spouse or civil partner, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a person with whom M is living as if they were a married couple or civil partners,
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).
Subsections (2) to (4) apply if a member or co-opted member of a relevant authority—
is present at a meeting of the authority or of any committee, sub-committee, joint committee or joint sub-committee of the authority,
has a disclosable pecuniary interest in any matter to be considered, or being considered, at the meeting, and
is aware that the condition in paragraph (b) is met.
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.
The member or co-opted member may not—but this is subject to section 33.
participate, or participate further, in any discussion of the matter at the meeting, or
participate in any vote, or further vote, taken on the matter at the meeting,
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.
Subsections (7) and (8) apply if—
a function of a relevant authority may be discharged by a member of the authority acting alone,
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
the member is aware that the condition in paragraph (b) is met.
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.
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).
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).
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.
For the purpose of this section, an interest is “subject to a pending notification” if—
under this section or section 30, the interest has been notified to a relevant authority's monitoring officer, but
has not been entered in the authority's register in consequence of that notification.
Subsections (2) and (3) apply where—
a member or co-opted member of a relevant authority has an interest (whether or not a disclosable pecuniary interest), and
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.
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).
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.
This section applies where a member or co-opted member of a relevant authority notifies the authority’s monitoring officer of a disclosable pecuniary interest that includes their usual residential address.
Subject to subsections (3) to (7), the relevant authority’s public register must not include that address.
The member or co-opted member may request that their usual residential address be included in that public register.
The member or co-opted member may withdraw a request made under subsection (3).
A request under subsection (3) or a withdrawal of a request under subsection (4) must be made by written notice to the relevant authority’s monitoring officer.
Where the member or co-opted member withdraws a request under subsection (4), the monitoring officer must remove the member or co-opted member’s usual residential address from the public register.
Withdrawal of a request under subsection (4) does not affect the power of the member or co-opted member to make another request under subsection (3).
Where a member or co-opted member’s usual residential address is excluded from a public register under this section, that public register must state that the member or co-opted member has an interest the address of which is withheld under this section.
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.
For the purposes of this section, a person has no more than one usual residential address.
In this section “public register”, in relation to a relevant authority, means—
a copy of its register that is made available for inspection, and
any published version of its register.
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.
A relevant authority may grant a dispensation under this section only if, after having had regard to all relevant circumstances, the authority—
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,
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,
considers that granting the dispensation is in the interests of persons living in the authority's area,
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
considers that it is otherwise appropriate to grant a dispensation.
A dispensation under this section must specify the period for which it has effect, and the period specified may not exceed four years.
Section 31(4) does not apply in relation to anything done for the purpose of deciding whether to grant a dispensation under this section.
A person commits an offence if, without reasonable excuse, the person—
participates in any discussion or vote in contravention of section 31(4), or
takes any steps in contravention of section 31(8).
knows that the information is false or misleading, or
is reckless as to whether the information is true and not misleading.
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.
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.
A prosecution for an offence under this section is not to be instituted except by or on behalf of the Director of Public Prosecutions.
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.
But no such proceedings may be brought more than three years—
after the commission of the offence, or
in the case of a continuous contravention, after the last date on which the offence was committed.
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.
The Local Government Act 1972 is amended as follows.
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 ”.
In section 87(1)(ee) (date of casual vacancies)—
after “2000” insert “ or section 34 of the Localism Act 2011 or ”, and
after “decision” insert “ or order ”.
The Greater London Authority Act 1999 is amended as follows.
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—.
In section 9(1)(f) (date of casual vacancies)—
before “or by virtue of” insert “ or section 34 of the Localism Act 2011 ”, and
after “that Act” insert “ of 1998 or that section ”.
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 member of staff of the Greater London Authority, or
a committee appointed in accordance with provision made by virtue of this section.
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).
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).
Standing orders of the Greater London Authority may make provision about the membership and procedure of the standards committee.
The provision that may be made under subsection (4) includes—
provision for the standards committee to arrange for the discharge of its functions by a sub-committee of that committee;
provision about the membership and procedure of such a sub-committee.
Subject to subsection (7), the standards committee and any sub-committee of that committee—
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
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).
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.
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—
it were a committee or (as the case may be) a sub-committee of a principal council within the meaning of that Part, and
the Greater London Authority were a principal council in relation to that committee or sub-committee.
Arrangements under this section for the exercise of any function by—do not prevent the Mayor of London and the London Assembly from exercising those functions.
a member of staff of the Greater London Authority, or
the standards committee,
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.
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).
In section 27(6) (which defines “relevant authority” for the purposes of this Chapter) omit—
paragraph (f) (the Metropolitan Police Authority), and
paragraph (k) (police authorities).
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—
to be referred to an authority of a kind specified in or determined in accordance with the order;
to be dealt with in accordance with provision made by the order.
The provision that may be made by virtue of subsection (2)(b) includes—
provision corresponding to any provision made by or under Part 3 of the Local Government Act 2000;
provision applying any provision made by or under that Part with or without modifications.
A relevant authority must prepare a pay policy statement for the financial year 2012-2013 and each subsequent financial year.
A pay policy statement for a financial year must set out the authority's policies for the financial year relating to—
the remuneration of its chief officers,
the remuneration of its lowest-paid employees, and
the relationship between—
the remuneration of its chief officers, and
the remuneration of its employees who are not chief officers.
The statement must state—
the definition of “lowest-paid employees” adopted by the authority for the purposes of the statement, and
the authority's reasons for adopting that definition.
The statement must include the authority's policies relating to—
the level and elements of remuneration for each chief officer,
remuneration of chief officers on recruitment,
increases and additions to remuneration for each chief officer,
the use of performance-related pay for chief officers,
the use of bonuses for chief officers,
the approach to the payment of chief officers on their ceasing to hold office under or to be employed by the authority, and
the publication of and access to information relating to remuneration of chief officers.
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.
A relevant authority's pay policy statement must be approved by a resolution of the authority before it comes into force.
The first statement must be prepared and approved before the end of 31 March 2012.
Each subsequent statement must be prepared and approved before the end of the 31 March immediately preceding the financial year to which it relates.
A relevant authority may by resolution amend its pay policy statement (including after the beginning of the financial year to which it relates).
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).
This section applies to a determination that—
is made by a relevant authority in a financial year beginning on or after 1 April 2012 and
relates to the remuneration of or other terms and conditions applying to a chief officer of the authority.
The relevant authority must comply with its pay policy statement for the financial year in making the determination.
In section 112 of the Local Government Act 1972 (appointment of staff) after subsection (2) insert—
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.
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.
In the case of a relevant authority which is a corporate joint committee, regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for the discharge of functions) does not apply to the function of passing a resolution under this Chapter.
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.
In this Chapter “relevant authority” means—
a county council,
a county borough council,
a district council,
a London borough council,
the Common Council of the City of London in its capacity as a local authority,
the Council of the Isles of Scilly,
a metropolitan county fire and rescue authority, ...
a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021.
In this Chapter “chief officer”, in relation to a relevant authority, means each of the following—
the head of its paid service designated under section 4(1) of the Local Government and Housing Act 1989;
its chief executive appointed under—
section 54 of the Local Government and Elections (Wales) Act 2021 (chief executive of council in Wales), or
regulations made under Part 5 of that Act (chief executive of a corporate joint committee).
its monitoring officer designated under section 5(1) of the Local Government and Housing Act 1989;
a statutory chief officer mentioned in section 2(6) of that Act;
a non-statutory chief officer mentioned in section 2(7) of that Act;
a deputy chief officer mentioned in section 2(8) of that Act;
its head of democratic services designated under section 8(1) of the Local Government (Wales) Measure 2011 (designation by council of a county or county borough in Wales).
In this Chapter “remuneration”, in relation to a chief officer and a relevant authority, means—
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,
any bonuses payable by the authority to the chief officer,
any charges, fees or allowances payable by the authority to the chief officer,
any benefits in kind to which the chief officer is entitled as a result of the chief officer's office or employment,
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
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.
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.
References in this Chapter to the remuneration of, or the other terms and conditions applying to, a chief officer include—
the remuneration that may be provided to, or the terms and conditions that may apply to, that chief officer in the future, and
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.
In this Chapter “remuneration”, in relation to a relevant authority and an employee of its who is not a chief officer, means—
the employee's salary,
any bonuses payable by the authority to the employee,
any allowances payable by the authority to the employee,
any benefits in kind to which the employee is entitled as a result of the employee's employment,
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
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.
References in this Chapter to the remuneration of an employee who is not a chief officer include—
the remuneration that may be provided to that employee in the future, and
the remuneration that is to be provided to employees of the same kind that the authority may employ in the future.
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.
After section 33ZA of the Local Government Act 1974 insert—
In paragraph 13 of Schedule 4 to the Local Government Act 1974 (delegation by Local Commissioners) after sub-paragraph (2) insert—
Chapter 1 of Part 1 of the Local Democracy, Economic Development and Construction Act 2009 (duties relating to promotion of democracy) is repealed.
Chapter 2 of Part 1 of the Local Democracy, Economic Development and Construction Act 2009 (petitions to local authorities) is repealed.
The following provisions are repealed—
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
EU financial sanctions
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.
A requirement to make a payment under this Part—
may only be imposed on a public authority if—
the authority has been designated under section 52; and
the EU financial sanction concerned is one to which the designation applies; and
must be imposed by a notice given to the authority under section 56 (referred to in this Part as a final notice).
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.
Any sums paid by a public authority under this Part are to be paid into the Consolidated Fund.
In this Part—
“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;
“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
“Article 260(2) proceedings” means proceedings under Article 260(2) of that Treaty.
The Secretary of State must publish a statement of policy with respect to—
the designation of public authorities under section 52;
the imposition and variation of requirements to make payments under this Part; and
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.
The Secretary of State may from time to time revise and republish the statement of policy required by this section.
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.
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.
In exercising functions under this Part in relation to an EU financial sanction which has been or may be imposed on the United Kingdom—must have regard to the statement of policy most recently published under this section.
a Minister of the Crown, and
a panel established under section 53,
This Part applies to any EU financial sanction imposed on the United Kingdom after the commencement of this Part, subject to subsection (2).
If a Minister of the Crown gives a certificate—this Part applies to that EU financial sanction as if it did not include that part or those parts.
specifying a part or parts of an EU financial sanction, and
stating that this Part is not to apply to that part, or those parts, of the sanction,
A certificate under subsection (2)—
may make different provision about any of the following—
the lump sum (if any) paid by the United Kingdom;
any periodic payment due from the United Kingdom under the terms of the EU financial sanction before the certificate is given; and
any subsequent periodic payment that may fall due from the United Kingdom under those terms; and
must be given in such form and published in such manner as the Minister of the Crown giving it thinks fit.
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).
This section defines various terms used in this Part.
“Public authority” means—
a local authority to which subsection (3) applies; or
any other person or body which has any non-devolved functions.
This subsection applies to—
any of the following in England—
a county council, district council or London borough council;
the Common Council of the City of London (in its capacity as a local authority);
the Greater London Authority; and
the Council of the Isles of Scilly;
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
a district council within the meaning of the Local Government Act (Northern Ireland) 1972;
a council of a county or county borough in Wales.
References to functions are to functions of a public nature.
References to non-devolved functions are to functions which are not devolved functions.
References to devolved functions are to—
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);
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 108A of the Government of Wales Act 2006.
References to a public authority with mixed functions are to a public authority which has both non-devolved and devolved functions.
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)—
the Scottish Ministers, if the public authority has any Scottish devolved functions;
the relevant Northern Ireland department, if the public authority has any Northern Ireland devolved functions; and
the Welsh Ministers, if the public authority has any Welsh devolved functions.
A Minister of the Crown may by order designate a public authority for the purposes of this Part.
The order must—
specify the public authority by name;
identify any EU financial sanction to which the designation applies; and
describe the activities of the authority which are covered by the designation.
The order may identify an EU financial sanction for the purposes of subsection (2)(b) by—
specifying an EU financial sanction that has been imposed on the United Kingdom;
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;
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
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.
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 Reasoned Opinion addressed to the United Kingdom under Article 258 or 259 (as the case may be); or
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.
The activities described for the purposes of subsection (2)(c) must be activities of the public authority which—
are carried out in the exercise of non-devolved functions of the public authority; and
take place after the provisions of the order describing the activities come into force.
The following may not be designated under this section—
the House of Commons, the House of Lords, the Scottish Parliament, the Northern Ireland Assembly or the National Assembly for Wales;
a Minister of the Crown or a United Kingdom government department;
a member of the Scottish Executive;
the First Minister or the deputy First Minister for Northern Ireland, a Northern Ireland Minister or a Northern Ireland Department;
a member of the Welsh Assembly Government;
a court or tribunal.
Before making an order designating a public authority a Minister of the Crown must consult—
the public authority concerned; and
if it is a public authority with mixed functions, the appropriate national authority.
This section applies where—
an EU financial sanction to which this Part applies has been imposed by the Court of Justice; and
at least one public authority is the subject of a designation order under section 52 which applies to that EU financial sanction.
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.
The panel must be established before any warning notice is given to a public authority in relation to that EU financial sanction.
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.
A Minister of the Crown may invite nominations for appointment to the panel from such organisations as a Minister of the Crown considers appropriate.
The validity of any acts of the panel is not affected by a vacancy among its members.
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.
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.
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 Minister of the Crown must give a warning notice under this section to the public authority;
the procedures set out in the warning notice (with any changes made under subsection (9)) must be followed; and
a Minister of the Crown must determine the matters mentioned in section 55(4).
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—
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
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.
The warning notice must also—
identify the EU financial sanction to which the notice relates;
specify the total amount of that sanction (see subsection (7));
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));
set out the reasons for making the statement required by subsection (2);
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);
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;
invite the authority to make representations to a Minister of the Crown about the matters mentioned in paragraphs (e) and (f);
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 —
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);
by another public authority which has been given a warning notice in relation to the same EU financial sanction; or
by the appropriate national authority in response to an invitation under paragraph (j) included in the notice; and
if the authority has mixed functions, invite the appropriate national authority to make representations about anything contained in or arising from the notice.
The warning notice may contain other such information as the Minister of the Crown giving it considers appropriate.
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)).
If the authority has mixed functions, a Minister of the Crown must—
consult the appropriate national authority before deciding to give a warning notice to the authority; and
give the appropriate national authority a copy of any warning notice the Minister of the Crown decides to give.
In subsection (3)(b) the “total amount of the sanction” means the sum of the following—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.
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
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));
The periodic payments to be taken into account for the purposes of subsection (3)(c) do not include—
any periodic payment taken into account in calculating the total amount of the sanction for the purposes of subsection (3)(b); or
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).
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 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
a copy of the warning notice incorporating those changes.
A Minister of the Crown must consult the panel before making any changes under subsection (9).
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.
This section applies where—
a warning notice has been given to a public authority; and
the panel has considered all representations made to it under the procedures set out in that notice.
The panel must make, to a Minister of the Crown, a report on the matters to which the representations made to the panel relate.
The report—
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;
must include recommendations as to the determination of the matters mentioned in subsection (4)(a) and (b);
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
must include the panel's reasons for any recommendations included in the report.
After having had regard to the report, a Minister of the Crown must determine the following matters—
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;
the proportion of—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;
the total amount of the sanction (being the amount to be specified under section 56(2)(b) if a final notice is given), and
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),
whether the authority should be required to make any payment or payments in respect of the EU financial sanction;
if so, what payment or payments the authority should make towards—
the total amount of the sanction referred to in paragraph (b)(i); and
any periodic payments referred to in paragraph (b)(ii); and
when any such payment or payments should be made.
In determining the matters mentioned in subsection (4)(c), (d) and (e) the Minister of the Crown must have regard to—
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;
the determination under subsection (4)(b); and
any other relevant considerations.
Before making a final decision on the matters mentioned in subsection (4)(c), (d) and (e), the Minister of the Crown must invite—
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
if the authority has mixed functions, representations from the appropriate national authority.
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.
The final notice must—
identify the EU financial sanction to which the notice relates;
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));
describe the acts of the authority that a Minister of the Crown has under section 55(4) determined—and set out the reasons for that determination;
have caused or contributed to the infraction of EU law concerned; or
have caused or contributed, or will continue to cause or contribute, to the continuation of that infraction;
summarise the other determinations made by a Minister of the Crown under section 55(4) and set out the reasons for making them;
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);
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
specify how and to whom payments are to be made.
In subsection (2)(b) and (e) the “total amount of the sanction” means the sum of the following—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.
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
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));
In subsection (2)(b) “future periodic payments” means periodic payments due from the United Kingdom other than—
any periodic payment taken into account in calculating the total amount of the sanction; or
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).
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.
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).
A Minister of the Crown may—before deciding whether to terminate or vary the requirement mentioned in subsection (5).
consult the panel, or refer any matter relating to the possible termination or variation of the requirement for its advice or recommendations;
invite the authority to make representations; and
if the authority has mixed functions, invite the appropriate national authority to make representations,
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).
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.
EU financial sanctions: Wales
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.
A requirement to make a payment under this Part—
may only be imposed on a Welsh public authority if—
the authority has been designated under section 62; and
the EU financial sanction concerned is one to which the designation applies; and
must be imposed by a notice given to the authority under section 66 (referred to in this Part as a final notice).
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.
Any sums paid by a Welsh public authority under this Part are to be paid into the Welsh Consolidated Fund.
In this Part—
“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;
“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
“Article 260(2) proceedings” means proceedings under Article 260(2) of that Treaty.
The Welsh Ministers must publish a statement of policy with respect to—
the designation of Welsh public authorities under section 62;
the imposition and variation of requirements to make payments under this Part; and
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.
The Welsh Ministers may from time to time revise and republish the statement of policy required by this section.
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.
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.
In exercising functions under this Part in relation to an EU financial sanction which has been or may be imposed on the United Kingdom—must have regard to the statement of policy most recently published under this section.
the Welsh Ministers, and
a panel established under section 63,
This Part applies to an EU financial sanction imposed on the United Kingdom if—
the sanction is imposed after the commencement of this Part, and
the Welsh Ministers certify that this Part applies to the sanction.
If a certificate under subsection (1)—this Part applies to the sanction as if it included only that part or those parts.
specifies a part or parts of the EU financial sanction concerned, and
states that this Part applies only to that part, or those parts, of the sanction,
A certificate under subsection (1)—
may make different provision about any of the following—
the lump sum (if any) paid by the United Kingdom;
any periodic payment due from the United Kingdom under the terms of the EU financial sanction before the certificate is given; and
any future periodic payment that may fall due from the United Kingdom under those terms; and
must be given in such form and published in such manner as the Welsh Ministers think fit.
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).
Subsections (2) to (5) define various terms used in this Part.
“Welsh public authority” means—
a council of a county or county borough in Wales; or
any other person or body which has any Welsh devolved functions.
References to functions are to functions of a public nature.
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 108A of the Government of Wales Act 2006.
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 Minister of the Crown, if the Welsh public authority has any functions which are not devolved functions;
the Scottish Ministers, if the Welsh public authority has any Scottish devolved functions; and
the relevant Northern Ireland Department, if the Welsh public authority has any Northern Ireland devolved functions.
In subsection (5)(a) “devolved functions” means—
Welsh devolved functions;
Scottish devolved functions; or
Northern Ireland devolved functions.
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).
The Welsh Ministers may by order designate a Welsh public authority for the purposes of this Part.
The order must—
specify the Welsh public authority by name;
identify any EU financial sanction to which the designation applies; and
describe the activities of the authority which are covered by the designation.
The order may identify an EU financial sanction for the purposes of subsection (2)(b) by—
specifying an EU financial sanction that has been imposed on the United Kingdom;
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;
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
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.
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 Reasoned Opinion addressed to the United Kingdom under Article 258 or 259 (as the case may be); or
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.
The activities described for the purposes of subsection (2)(c) must be activities of the Welsh public authority which—
are carried out in the exercise of Welsh devolved functions of the authority; and
take place after the provisions of the order describing the activities come into force.
The following may not be designated under this section—
the National Assembly for Wales;
a Minister of the Crown or a United Kingdom government department;
a member of the Welsh Assembly Government;
a court or tribunal.
Before making an order designating a Welsh public authority the Welsh Ministers must consult—
the authority concerned; and
if the authority concerned has any functions other than Welsh devolved functions, the appropriate national authority.
This section applies where—
an EU financial sanction to which this Part applies has been imposed by the Court of Justice; and
at least one Welsh public authority is the subject of a designation order under section 62 which applies to that EU financial sanction.
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.
The panel must be established before any warning notice is given to a Welsh public authority in relation to that EU financial sanction.
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.
The Welsh Ministers may invite nominations for appointment to the panel from such organisations as the Welsh Ministers consider appropriate.
The validity of any acts of the panel is not affected by a vacancy among its members.
The Welsh Ministers may pay to a member of the panel such fees, allowances or expenses as the Welsh Ministers may determine.
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.
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—
the Welsh Ministers must give a warning notice under this section to the authority;
the procedures set out in the warning notice (with any changes made under subsection (9)) must be followed; and
the Welsh Ministers must determine the matters mentioned in section 65(4).
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—
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
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.
The warning notice must also—
identify the EU financial sanction to which the notice relates;
specify the total amount of that sanction (see subsection (7));
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));
set out the reasons for making the statement required by subsection (2);
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);
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;
invite the authority to make representations to the Welsh Ministers about the matters mentioned in paragraphs (e) and (f);
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 —
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);
by another Welsh public authority which has been given a warning notice in relation to the same EU financial sanction; or
by the appropriate national authority in response to an invitation under paragraph (j) included in the notice; and
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.
The warning notice may contain such other information as the Welsh Ministers consider appropriate.
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)).
If the authority has any functions other than Welsh devolved functions, the Welsh Ministers must—
consult the appropriate national authority before deciding to give a warning notice to the authority; and
give the appropriate national authority a copy of any warning notice the Welsh Ministers decide to give.
In subsection (3)(b) the “total amount of the sanction” means the sum of the following—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.
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
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));
The periodic payments to be taken into account for the purposes of subsection (3)(c) do not include—
any periodic payment taken into account in calculating the total amount of the sanction for the purposes of subsection (3)(b); or
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).
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 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
a copy of the warning notice incorporating those changes.
The Welsh Ministers must consult the panel before making any changes under subsection (9).
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.
This section applies where—
a warning notice has been given to a Welsh public authority; and
the panel has considered all representations made to it under the procedures set out in that notice.
The panel must make a report to the Welsh Ministers on the matters to which the representations made to the panel relate.
The report—
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;
must include recommendations as to the determination of the matters mentioned in subsection (4)(a) and (b);
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
must include the panel's reasons for any recommendations included in the report.
After having had regard to the report, the Welsh Ministers must determine the following matters—
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;
the proportion of—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;
the total amount of the sanction (being the amount to be specified under section 66(2)(b) if a final notice is given), and
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),
whether the authority should be required to make any payment or payments in respect of the EU financial sanction;
if so, what payment or payments the authority should make towards—
the total amount of the sanction referred to in paragraph (b)(i); and
any periodic payments referred to in paragraph (b)(ii); and
when any such payment or payments should be made.
In determining the matters mentioned in subsection (4)(c), (d) and (e) the Welsh Ministers must have regard to—
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;
the determination under subsection (4)(b); and
any other relevant considerations.
Before making a final decision on the matters mentioned in subsection (4)(c), (d) and (e), the Welsh Ministers must invite—
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
if the authority has any functions other than Welsh devolved functions, representations from the appropriate national authority.
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.
The final notice must—
identify the EU financial sanction to which the notice relates;
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));
describe the acts of the authority that the Welsh Ministers have under section 65(4) determined—and set out the reasons for that determination;
have caused or contributed to the infraction of EU law concerned; or
have caused or contributed, or will continue to cause or contribute, to the continuation of that infraction;
summarise the other determinations made by the Welsh Ministers under section 65(4) and set out the reasons for making them;
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);
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
specify how and to whom payments are to be made.
In subsection (2)(b) and (e) the “total amount of the sanction” means the sum of the following—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.
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
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));
In subsection (2)(b) “future periodic payments” means periodic payments due from the United Kingdom other than—
any periodic payment taken into account in calculating the total amount of the sanction; or
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).
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.
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).
The Welsh Ministers may—before deciding whether to terminate or vary the requirement mentioned in subsection (5).
consult the panel, or refer any matter relating to the possible termination or variation of the requirement for its advice or recommendations;
invite the authority to make representations; and
if the authority has any functions other than Welsh devolved functions, invite the appropriate national authority to make representations,
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).
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).
Non-domestic rates etc
Business rate supplements
The Business Rate Supplements Act 2009 (“the 2009 Act”) is amended as follows.
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 ”.
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).
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 ”.
In section 10 (variations)—
in subsection (2)(c) (condition for varying a BRS) omit the words from the beginning to “subsection (7),”, and
omit subsections (7) to (9) (provision about the circumstances in which a ballot on a proposal to vary a BRS is to be held).
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—
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).
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
Section 47 of the Local Government Finance Act 1988 (non-domestic rates: discretionary relief) is amended as follows.
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 ”.
Omit subsection (2) (the first eligibility condition).
In subsection (3) (the second eligibility condition) omit “second”.
Omit subsections (3A) to (3D) (the other eligibility conditions).
After subsection (5) insert—
Before subsection (9) insert—
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 49 of the Local Government Finance Act 1988 insert—
Community empowerment
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.
Schedule 6 (council tax referendums: further amendments) has effect.
In section 21(4) of the Local Government Act 2003 (enactments to which provisions about references to proper accounting practices apply)—
at the end of paragraph (c) insert—, and
for the “and” at the end of paragraph (d) substitute—.
Before section 32 of the Local Government Finance Act 1992 insert—
Before section 43 of the Local Government Finance Act 1992 insert—
Section 85 of the Greater London Authority Act 1999 (calculation of component and consolidated budget requirements) is amended as follows.
In the section heading for “budget” substitute “ council tax ”.
In subsection (1) for “43” substitute “ 42A ”.
In subsection (4)—
in paragraph (a) for the words from “, other than” to “the 1988 Act” substitute “ in accordance with proper practices ”, and
in paragraph (b)—
for “expenditure to be charged” substitute “ amounts to be charged or credited ”, and
after “for the year” insert “ in accordance with proper practices ”.
In subsection (5) for paragraph (a) substitute—.
In subsection (6)(b) for “budget” substitute “ council tax ”.
In subsection (7) for “budget” substitute “ council tax ”.
In subsection (8) for “budget” in both places substitute “ council tax ”.
Omit subsection (9).
After subsection (1) insert—
After subsection (2A) insert—
After subsection (4) insert—
In subsection (5)(b) for “(4)” substitute “ (4F) ”.
Omit subsection (6).
Section 88 of the Greater London Authority Act 1999 (calculation of basic amount of tax) is amended as follows.
In subsection (1) for “44” substitute “ 42B ”.
For subsection (2) substitute—
Omit subsections (3) to (5).
In subsection (8) for paragraph (b) substitute—
Section 89 of that Act (additional calculations: special item for part of Greater London) is amended as follows.
For subsection (4) substitute—
Omit subsections (5) and (6).
In subsection (9) for paragraph (b) substitute—
Before section 50 of the Local Government Finance Act 1992 insert—
Schedule 7 (council tax: minor and consequential amendments) has effect.
The Local Government Finance Act 1992 is amended as follows.
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. ”
In section 22B (compilation and maintenance of new valuation lists) after subsection (11) insert—
In section 113(2) for “, they or it thinks” substitute “ or they think ”.
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 ”.
A relevant authority must consider an expression of interest in accordance with this Chapter if—This is subject to section 82 (timing of expressions of interest).
it is submitted to the authority by a relevant body, and
it is made in writing and complies with such other requirements for expressions of interest as the Secretary of State may specify by regulations.
In this Chapter “relevant authority” means—
a county council in England,
a district council,
a London borough council, or
such other person or body carrying on functions of a public nature as the Secretary of State may specify by regulations.
The persons or bodies who may be specified by regulations under subsection (2)(d) include a Minister of the Crown or a government department.
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.
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.
In this Chapter “relevant body” means—
a voluntary or community body,
a body of persons or a trust which is established for charitable purposes only,
a parish council,
in relation to a relevant authority, two or more employees of that authority, or
such other person or body as may be specified by the Secretary of State by regulations.
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.
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.
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.
The Secretary of State may by regulations—
amend or repeal any of paragraphs (a) to (d) of subsection (6);
amend or repeal any of subsections (7) to (9);
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.
Subject as follows, a relevant body may submit an expression of interest to a relevant authority at any time.
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.
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).
The relevant authority may refuse to consider an expression of interest submitted outside a period specified under subsection (2).
The relevant authority must—This is subject to section 84(1) (modification of expression of interest).
accept the expression of interest, or
reject the expression of interest.
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.
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.
A relevant authority must specify—
the minimum period that will elapse between—
the date of the relevant authority's decision to accept an expression of interest, and
the date on which it will begin the procurement exercise required by subsection (2) as a result of that acceptance, and
the maximum period that will elapse between those dates.
The relevant authority may specify different periods for different cases.
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).
The relevant authority must comply with a specification under subsection (4).
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.
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.
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.
The relevant authority may reject the expression of interest only on one or more grounds specified by the Secretary of State by regulations.
A relevant authority that is considering an expression of interest from a relevant body may modify the expression of interest.
A relevant authority may exercise the power in subsection (1) only if—
the authority thinks that the expression of interest would not otherwise be capable of acceptance, and
the relevant body agrees to the modification.
A relevant authority must specify the maximum period that will elapse between—
the date on which it receives an expression of interest submitted by a relevant body, and
the date on which it notifies the relevant body of its decision in respect of the expression of interest.
The relevant authority may specify different periods for different cases.
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).
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.
The relevant authority must give the notification under subsection (6) —
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
otherwise, within the period of 30 days beginning with the day on which the relevant authority receives the expression of interest.
The relevant authority must—
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
if the authority's decision is to modify or reject the expression of interest, give reasons for that decision in the notification.
The relevant authority must publish the notification in such manner as it thinks fit (which must include publication on the authority's website).
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).
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.
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.
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.
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—
the preparation of an expression of interest for submission to a relevant authority and its submission to a relevant authority,
participation in a procurement exercise carried out by a relevant authority in response to an expression of interest, or
the provision of a relevant service on behalf of a relevant authority following such a procurement exercise.
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.
The things that the Secretary of State may do under this section include, in particular—
the provision of financial assistance to a relevant body;
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;
the provision of financial assistance to a body or person other than a relevant body in connection with arrangements under paragraph (b).
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—
participating in a procurement exercise carried out by the authority, or
providing a relevant service on the authority's behalf.
In this section—
the reference to giving advice or assistance includes providing training or education, and
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).
List of assets of community value
A local authority must maintain a list of land in its area that is land of community value.
The list maintained under subsection (1) by a local authority is to be known as its list of assets of community value.
The list maintained under subsection (1) must set out the following separate categories of the list —
any land of community value that is a sporting asset of community value (see section 86C);
any land of community value that falls within section 86B(3) (assets supporting sporting assets of community value).
Where land is included in a local authority’s list of assets of community value and it is not a sporting asset of community value or land falling within section 86B(3), the entry for that land is to be removed from the list with effect from the end of the period of 10 years beginning with the date of that entry.
The Secretary of State may by regulations amend subsection (4) for the purpose of substituting, for the period specified in that subsection for the time being, some other period.
Where land is included in a local authority’s list of assets of community value and it is a sporting asset of community value or land falling within section 86B(3), the entry for that land is to remain on the list indefinitely.
Subsections (4) and (6) do not apply where an entry has been removed with effect from some earlier time in accordance with provision in regulations under subsection (8).
The Secretary of State may by regulations make further provision in relation to a local authority’s list of assets of community value, including (in particular) provision about—
the form in which the list is to be kept;
contents of an entry in the list (including matters not to be included in an entry);
modification of an entry in the list;
removal of an entry from the list;
cases where land is to be included in the list and—
different parts of the land are in different ownership or occupation, or
there are multiple estates or interests in the land or any part or parts of it;
combination of the list with the local authority’s list of land nominated by unsuccessful community nominations (see section 86I).
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.
For the purposes of this Chapter but subject to regulations under subsection (4), a building or other land in a local authority’s area is land of community value if in the opinion of the authority—
an actual current use of the building or other land that is not an ancillary use furthers the economic or social wellbeing or economic or social interests of the local community, and
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 economic or social wellbeing or economic or social interests of the local community.
For the purposes of this Chapter but subject to regulations under subsection (4), 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—
there was a time in the past when an actual use of the building or other land that was not an ancillary use furthered the economic or social wellbeing or economic or social interests of the local community, and
it is realistic to think that there will be 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 economic or social wellbeing or economic or social interests of the local community.
For the purposes of this Chapter but subject to regulations under subsection (4), a building or other land in a local authority’s area is land of community value if in the opinion of the authority an actual current use of the building or other land provides support for the use of other land as a sporting asset of community value (see section 86C).
The Secretary of State may by regulations—
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;
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.
A description specified under subsection (4) may be framed by reference to such matters as the Secretary of State considers appropriate.
In relation to any land, those matters include (in particular)—
the owner of any estate or interest in any of the land or in other land;
any occupier of any of the land or of other land;
the nature of any estate or interest in any of the land or in other land;
any use to which any of the land or other land has been, is being or could be put;
statutory provisions, or things done under statutory provisions, that have effect (or do not have effect) in relation to—
any of the land or other land, or
any of the matters within paragraphs (a) to (d);
any price, or value for any purpose, of any of the land or other land.
In this section—“social interests” includes (in particular) each of the following—cultural interests; recreational interests; sporting interests;“statutory provision” means a provision of—an Act, or an instrument made under an Act.
For the purposes of this Chapter land of community value is a sporting asset of community value if in the opinion of the relevant local authority the land comprises a sports ground within the meaning of the Safety of Sports Grounds Act 1975 (see section 17 of that Act).
In this Chapter, the “relevant local authority” in relation to land of community value is the local authority on whose list of assets of community value the land is listed.
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—
in response to a community nomination,
where permitted by regulations made by the Secretary of State, or
where a local authority is required to do so under section 86G(4)(a).
For the purposes of this Chapter “community nomination”, in relation to a local authority, means a nomination which—
nominates land in the local authority’s area for inclusion in the local authority’s list of assets of community value, and
is made—
by a parish council in respect of land in the parish council’s area, or
a person that is a voluntary or community body with a local connection.
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.
The Secretary of State may by regulations make provision as to—
the meaning in subsection (2)(b)(ii) of “voluntary or community body”;
the conditions that have to be met for a person to have a local connection for the purposes of subsection (2)(b)(ii);
the contents of community nominations;
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.
The Secretary of State 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.
This section applies if a local authority receives a community nomination.
The authority must consider the nomination.
The authority must accept the nomination if the land nominated—
is in the authority’s area, and
is of community value.
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.
The nomination is unsuccessful if subsection (3) does not require the authority to accept the nomination.
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.
Subsection (2) applies where in accordance with this Chapter land—a local authority’s list of assets of community value.
is included in, or
removed from,
The authority must if reasonably practicable give written notice of the inclusion or removal to the following persons—
the owner of the land,
the occupier of the land if the occupier is not also the owner,
if the land was included in the list in response to a community nomination, the person who made the nomination, and
any person specified, or of a description specified, in regulations made by the Secretary of State.
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—
the consequences for the land and its owner of the land’s inclusion in the list, and
the right to ask for review under section 86H.
A notice under subsection (2) of removal of land from the list must state the reasons for the removal.
Where land is to be removed from a local authority’s list of assets of community value, any notice given under subsection (2) must be given at least six months before the date on which it is to be removed.
consider whether the land is a sporting asset of community value, and
if it considers it is, include the land in the category of the list for sporting assets of community value.
A local authority must—consider whether there is any land in its area (whether or not already in its list of assets of community value) which in the opinion of the authority falls within subsection (3).
by the end of the initial review period, and
as soon as reasonably practicable after each review date,
Land falls within this subsection if it is both—
land of community value, and
a sporting asset of community value.
Where land falls within subsection (3), the local authority must—
include the land in its list of assets of community value (if not already so included), and
include the land in the category of the list for sporting assets of community value.
A local authority must if reasonably practicable notify each interested person in writing where land is included in the category of the list of assets of community value for sporting assets of community value.
A notice under subsection (5) must draw attention to—
the consequences for the land and its owner of the land’s inclusion in that category of the list for sporting assets of community value,
the right to ask for a review under section 86H of the inclusion of the land in that category of the list, and
the ability for land falling within section 86B(3) in relation to a sporting asset of community value to be included in the list of assets of community value.
In this section—“initial review period” means the period of six months beginning with the day on which this section comes into force;“interested person” in relation to land means—the owner of the land, the occupier of the land if the occupier is not also the owner, and if the land was included in the list of assets of community value in response to a community nomination, the person who made the nomination;“review date” means the end of the period of five years beginning with—for the purposes of calculating the first review date, the end of the initial review period; for the purposes of calculating each subsequent review date, the previous review date.
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.
The owner of land included in a local authority’s list of assets of community value as a sporting asset of community value may ask the authority to review the authority’s decision to include the land in that category of the list.
A voluntary or community body who made a community nomination to a local authority in relation to land may ask the authority to review a decision not to include the land in the list.
If a request is made—the authority concerned must review its decision.
under subsection (1), (2) or (3), and
in accordance with the time limits (if any) provided for in regulations under subsection (9),
Where under subsection (4) an authority reviews a decision, the authority must notify the person who asked for the review—
of the decision on the review, and
of the reasons for the decision.
If the decision on a review under subsection (4) is that the land concerned should not have been included in the authority’s list of assets of community value—
the authority must remove the entry for the land from the list, and
where the land was included in the list in response to a community nomination—
the nomination becomes unsuccessful, and
the authority must give a written copy of the reasons mentioned in subsection (5)(b) to the person who made the nomination.
If the decision on a review under subsection (4) is that the land concerned should not have been included in the authority’s list of assets of community value as a sporting asset of community value the authority must remove the entry for the land from that category of the list.
If the decision on a review under subsection (4) is that the land concerned should have been included in the authority’s list of assets of community value, the authority must cause the land to be included in the list.
The Secretary of State may by regulations make provision as to the procedure to be followed in connection with a review under this section.
Regulations under subsection (9) may (in particular) include provision—
as to time limits;
requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision;
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;
for appeals against the decision on the review.
List of land nominated by unsuccessful community nominations
A local authority must maintain a list of land in its area that has been nominated by an unsuccessful community nomination (see sections 86E(5) and 86H(6)(b)(i)).
The list maintained under subsection (1) by a local authority is to be known as its list of land nominated by unsuccessful community nominations.
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—
may (but need not) be removed from the list by the authority after it has been in the list for 5 years, and
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
A local authority must publish—
its list of assets of community value, and
its list of land nominated by unsuccessful community nominations.
A local authority must at a place in its area make available, for free inspection by any person, both—
a copy of its list of assets of community value, and
a copy of its list of land nominated by unsuccessful community nominations.
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.
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.
In this section “free” means free of charge.
Community groups: right to buy
A person who is an owner of land included in a local authority’s list of assets of community value (“the owner of land of community value”) must not enter into a relevant disposal of all or part of the land unless the disposal is made in accordance with the provisions of this Chapter.
Subsection (1) does not apply in relation to a relevant disposal of land—
if the disposal is by way of gift (including a gift to trustees of any trusts by way of settlement upon the trusts),
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,
if the disposal is by personal representatives of a deceased person in order to raise money to—
pay debts of the deceased person,
pay taxes,
pay costs of administering the deceased person’s estate, or
pay pecuniary legacies or satisfy some other entitlement under the will, or on the intestacy, of the deceased person,
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,
if the disposal is a part-listed disposal of a description specified in regulations made by the Secretary of State, and for this purpose “part-listed disposal” means a disposal of an estate in land—
part of which is land included in a local authority’s list of assets of community value, and
part of which is land not included in any local authority’s list of assets of community value,
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,
if the disposal is occasioned by a person ceasing to be, or becoming, a trustee,
if the disposal is by trustees of any trusts—
in satisfaction of an entitlement under the trusts, or
in exercise of a power conferred by the trusts to re-settle trust property on other trusts,
if the disposal is occasioned by a person ceasing to be, or becoming, a partner in a partnership, or
in cases of a description specified in regulations made by the Secretary of State.
For the purposes of subsection (2)(d), a person (“M”) is a member of the family of another person if M is—
that other person’s spouse or civil partner, or
a lineal descendant of a grandparent of that other person.
For the purposes of subsection (3)(b) a relationship by marriage or civil partnership is to be treated as a relationship by blood.
For the meaning of “relevant disposal”, and for when a relevant disposal is entered into, see section 86L.
This section applies for the purposes of this Chapter.
A disposal of the freehold estate in land is a relevant disposal of the land if it is a disposal with vacant possession.
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.
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.
Subject to subsection (4), a relevant disposal within subsection (2) or (3) is entered into when it takes place.
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.
The Secretary of State may by regulations amend this section.
The owner of land of community value must give the relevant local authority written notice of the owner’s wish to enter into a relevant disposal of the land.
A notice under subsection (1) must identify the estate or estates in land which is or are to be disposed of or granted or assigned by the relevant disposal (“the relevant estate in land”).
Where a notice is given under subsection (1), the owner must not enter into a relevant disposal of the land unless the disposal—
is of the relevant estate in land, and
is to the preferred community buyer.
Subsection (3) does not apply or ceases to apply if—
there is no preferred community buyer (see section 86N(2)),
the relevant local authority has determined that the preferred community buyer does not meet the progress requirements after any of the review periods (see section 86U), or
the preferred community buyer—
does not offer to buy the relevant estate in land at the price agreed with the owner by the end of the negotiation period (see section 86S(4)), and
does not offer to buy the relevant estate in land at the value price by the end of the offer period (see section 86T(8)).
Where a case falls within any of subsections (4)(a) to (c)—
the owner may enter into a relevant disposal of the land to any person within the permitted sale period;
if no such disposal is entered into within that period, a new notice must be given in accordance with subsection (1) if the landlord wishes to enter into a relevant disposal of the land after that period.
In this section, “permitted sale period” in relation to a relevant disposal of land, means the period of 18 months beginning with the date on which the notice of a wish to enter into a relevant disposal was given under subsection (1).
The “preferred community buyer” (if any) for the purposes of this Chapter in relation to land of community value is—
the nominating community group where—
there is such a group,
the notice requirement is met, and
at the time the notice requirement is met the group is a community interest group, or
where there is no group falling within paragraph (a), the alternative community group determined in accordance with section 86P.
If there is no group falling within subsection (1)(a) or (b) in relation to land of community value, there is no preferred community buyer for the purposes of this Chapter in relation to the land.
The “notice requirement” is met if the nominating community group gives written notice of its intention to buy the land to the relevant local authority within the notification period.
In this section—“community interest group” means a person specified, or of a description specified, in regulations made by the Secretary of State;“nominating community group” means a voluntary or community body or parish council on the basis of whose community nomination the land was included in a local authority’s list of community assets;“notification period” is the period of six weeks beginning with the date the nominating community group received the notice given under section 86Q(3).
A community interest group may within the period for expressions of interest relating to land of community value give written notice to the relevant local authority of the group’s intention to buy the land.
A notice under subsection (1) must include the reasons why the group wants to buy the land.
Where—
no community interest group has given notice under subsection (1), there is no alternative community group for the purposes of section 86N(1)(b);
one community interest group has given notice under subsection (1), that group is the alternative community group for the purposes of section 86N(1)(b);
more than one community interest group has given notice under subsection (1), the relevant local authority must make a determination as to which group is the alternative community group for the purposes of section 86N(1)(b).
Where subsection (4)(b) applies, the relevant local authority must give written notice to the community interest group which has given notice under subsection (1) that it is the alternative community group for the purposes of section 86N(1)(b).
Where subsection (4)(c) applies, the relevant local authority must give written notice of the determination to each community interest group which has given notice under subsection (1).
A notice under subsection (5) or (6) must be given before the end of the period of 14 days beginning with the end of the period for expressions of interest.
In this section, “community interest group” has the meaning given by section 86N(4).
This section applies if a local authority receives notice under section 86M(1) in respect of land included in the authority’s list of assets of community value.
The authority must cause the entry in the list for the land to reveal—
that notice under section 86M(1) has been received in respect of the land,
the date when the authority received the notice, and
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).
The authority must also give written notice of those matters to—
any Member of Parliament whose Parliamentary constituency includes any part of the land;
the councillor or councillors for any electoral area or areas in which the land or any part of it is situated.
The authority must make arrangements for those matters to be publicised in the area where the land is situated.
Any requirement on a local authority under this section must be met before the end of the period of 14 days beginning with the day of receipt by the local authority of the notice under section 86M(1).
In this section—“councillor” means a member of—a local authority, a county council for an area for which there are district councils, or a parish council;“electoral area” means any electoral division or ward or (in the case of a parish for which there are no wards) the parish.
This section applies where the owner of land of community value gives notice under section 86M(1).
If there is a nominating community group in relation to the land who has met the notice requirement, the relevant local authority must—
give the owner written notice of this information, and
include this information in the entry in the list for the land.
The notice under subsection (2)(a) must be given before the end of the period of 14 days beginning with the end of the notification period.
In any other case, the relevant local authority must give the owner written notice—
if there is an alternative community group, of the name and address of that group, or
that there is no alternative community group.
The notice under subsection (4) must be given before the end of the period of 14 days beginning with the end of the period for expressions of interest.
In this section—“alternative community group” means the group determined in accordance with section 86P;“nominating community group” has the meaning given by section 86N(4);“notice requirement” and “notification period” have the meaning given by section 86N;“period for expressions of interest” has the meaning given by section 86P.
This section applies where—
the owner of land of community value gives notice under section 86M(1), and
there is a preferred community buyer in relation to the land.
The relevant local authority must as far as reasonably practicable arrange a joint meeting with the owner of the land and the preferred community buyer.
The Secretary of State may by regulations make further provision about the meeting including provision about—
the circumstances in which the meeting may go ahead without either the owner of the land or the preferred community buyer;
the conduct of the meeting;
information to be provided at the meeting by the relevant local authority (including information about the process and the periods within which any requirements must be met under this Chapter).
Section 86T applies if at the end of the negotiation period the preferred community buyer has not offered to buy the relevant estate in land at a price agreed with the owner.
If this section applies (see section 86S(4)), the relevant local authority must by the end of the appointment period appoint an authorised officer to assess the value of the land (“the valuer”).
The value to be assessed is the market value of the relevant estate in land on the date the notice was given under section 86M(1).
The market value is the amount which the relevant estate in land could have been expected to realise if it had been sold on the open market by a willing seller to a willing buyer on that date.
The Secretary of State may by regulations make further provision about the determination of the market value of an estate in land for the purposes of this section.
Regulations under subsection (4) may include provision—
about the method to be used for determining market value;
about any matters which must or must not be taken into account when determining the market value;
about the circumstances in which the owner of the land and the preferred community buyer may make written representations to the valuer (and requiring the valuer to take those representations into account).
The valuer must by the end of the period of eight weeks beginning with the date of the valuer’s appointment determine the market value of the relevant estate in land (“the value price”).
The valuer must as soon as reasonably practicable give the owner of the land and the preferred community buyer notice in writing of the determination.
If the preferred community buyer wishes to buy the relevant estate in land in accordance with this Chapter, the buyer must by the end of the offer period offer to buy the relevant estate in land at the value price.
The expense of a valuation under this section is to be met by the relevant local authority.
In this section—“appointment period” is the period of 14 days beginning with the end of the negotiation period;“authorised officer”, in relation to the valuation of land of community value, means—a valuation officer appointed under section 61 of the Local Government Finance Act 1988, a district valuer within the meaning of section 622 of the Housing Act 1985, or in such circumstances as may be specified in regulations made by the Secretary of State, another person who in the opinion of the relevant local authority is independent of the authority, the owner of the land and the preferred community buyer;“negotiation period” has the meaning given by section 86S(5);“offer period” is the period of 12 months beginning with the date notice was given under section 86M(1);“relevant estate in land” means the estate or estates identified in the notice given under section 86M(1) (see section 86M(2)).
This section applies where—
the owner of land of community value gives notice under section 86M(1), and
there is a preferred community buyer in relation to the land.
Where the land that the notice relates to is a sporting asset of community value which can accommodate over 10,000 people, and the owner makes a request in writing, the relevant local authority must—
determine whether at the end of the 16 week review period the preferred community buyer has met the progress requirements, and
as soon as reasonably practicable give written notice of the determination to the owner and the buyer.
Where the owner makes a request in writing, the relevant local authority must—
determine whether at the end of the 6 month review period the preferred community buyer has met the progress requirements, and
as soon as reasonably practicable give written notice of the determination to the owner and buyer.
A request under subsection (2) or (3) must be made no less than two weeks before the end of the review period that it relates to.
The relevant local authority must—
determine whether at the end of the 12 month review period the preferred community buyer has met the progress requirements, and
as soon as reasonably practicable give written notice of the determination to the owner of the land and the preferred community buyer.
“Progress requirements” means such requirements relating to each review period as are specified in regulations made by the Secretary of State for that purpose.
Regulations under subsection (6) may make provision about the evidence that a preferred community buyer must provide to a local authority for the purpose of demonstrating that they have met the progress requirements.
In this section—“the 16 week review period” is the period of 16 weeks beginning with the date on which the notice of a wish to enter into a relevant disposal was given under section 86M(1) (“the notice date”);“the 6 month review period” is the period of 6 months beginning with the notice date;“the 12 month review period” is the period of 12 months beginning with the notice date;“review period” means the 16 week review period, the 6 month review period or the 12 month review period.
The validity of anything done under this Chapter is not affected by any failure by a local authority or a valuer appointed in accordance with section 86T to comply with a time limit specified by or under this Chapter.
The Secretary of State may by regulations make provision for the payment of compensation in connection with the operation of this Chapter.
Regulations under subsection (1) may (in particular)—
provide for any entitlement conferred by the regulations to apply only in cases specified in the regulations;
provide for any entitlement conferred by the regulations to be subject to conditions, including conditions as to time limits;
make provision about—
who is to pay compensation payable under the regulations;
who is to be entitled to compensation under the regulations;
what compensation under the regulations is to be paid in respect of;
the amount, or calculation, of compensation under the regulations;
the procedure to be followed in connection with claiming compensation under the regulations;
the review of decisions made under the regulations;
appeals against decisions made under the regulations.
Miscellaneous
The Secretary of State may issue guidance to local authorities about the exercise of any functions under this Chapter.
A local authority must take into account any such guidance in exercising those functions.
The guidance may include (but is not limited to) guidance about—
the types of use that may further the social or economic wellbeing or social or economic interests of a local community;
communicating with specified persons in connection with the carrying out of any of the local authority’s functions;
matters relating to the indefinite listing of land as land of community value under section 86A(6);
applying the test under section 86B(3) to identify land supporting sporting assets of community value;
meeting the obligations under section 86G in relation to sporting assets of community value.
Before issuing guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
The requirement in subsection (4) may be met by consultation carried out before this section comes into force.
The Secretary of State may revise any guidance issued under this section.
The Secretary of State must arrange for any guidance issued under this section to be published.
If land is included in a local authority’s list of assets of community value—
inclusion in the list is a local land charge, and
that authority is the originating authority for the purposes of the Local Land Charges Act 1975.
The Secretary of State may by regulations make provision—
with a view to preventing, or reducing the likelihood of, contraventions of section 86K(1) (restriction on relevant disposals of land);
as to the consequences applicable in the event of contraventions of section 86K(1).
The provision that may be made under subsection (1) includes (in particular)—
provision for transactions entered into in breach of section 86K(1) to be set aside or to be ineffective;
provision about entries on registers relating to land.
The provision that may be made under subsection (1) includes provision amending—
an Act, or
an instrument made under an Act.
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.
The Secretary of State may do anything that the Secretary of State considers appropriate for the purpose of giving advice or assistance—
to anyone in relation to doing any of the following—
taking steps under or for the purposes of provision contained in, or made under, this Chapter, or
preparing to, or considering or deciding whether to, take steps within sub-paragraph (i), or
to a preferred community buyer in relation to doing any of the following—
negotiating and offering to buy land that is included in a local authority’s list of assets of community value,
preparing to, or considering or deciding whether or how to, bring land within sub-paragraph (i) into effective use.
The things that the Secretary of State may do under this section include, in particular—
the provision of financial assistance to any body or other person;
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.
In this section—
the reference to giving advice or assistance includes providing training or education;
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).
This Chapter binds the Crown.
Interpretation of Chapter
In this Chapter “local authority” means—
a district council,
a county council for an area in England for which there are no district councils,
a London borough council,
the Common Council of the City of London, or
the Council of the Isles of Scilly.
The Secretary of State may by regulations amend this section for the purpose of changing the meaning in this Chapter of “local authority” in relation to England.
In this Chapter “owner”, in relation to land, is to be read as follows.
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.
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.
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.
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.
The Secretary of State may by regulations amend this section—
for the purpose of changing the definition of “owner” for the time being given by this section;
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.
In this Chapter—“building” includes part of a building;“community nomination” has the meaning given by section 86D(2);“land” includes—part of a building, part of any other structure, and mines and minerals, whether or not held with the surface;“land of community value” is to be read in accordance with section 86B;“local authority” is to be read in accordance with section 86Z4;“owner”, in relation to any land, is to read in accordance with section 86Z5;“owner of land of community value” has the meaning given by section 86K(1);“preferred community buyer” has the meaning given by section 86N;“relevant local authority” has the meaning given by section 86C;“unsuccessful”, in relation to a community nomination, has the meaning given by sections 86E(5) and section 86H(6)(b)(i).
For the meaning of “list of assets of community value” see section 86A(2).
For the meaning of “list of land nominated by unsuccessful community nominations” see section 86I(2).
List of assets of community value
A local authority must maintain a list of land in its area that is land of community value.
The list maintained under subsection (1) by a local authority is to be known as its list of assets of community value.
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)).
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.
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—
the form in which the list is to be kept;
contents of an entry in the list (including matters not to be included in an entry);
modification of an entry in the list;
removal of an entry from the list;
cases where land is to be included in the list and—
different parts of the land are in different ownership or occupation, or
there are multiple estates or interests in the land or any part or parts of it;
combination of the list with the local authority's list of land nominated by unsuccessful community nominations.
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.
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—
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
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.
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—
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
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.
The appropriate authority may by regulations—
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;
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.
A description specified under subsection (3) may be framed by reference to such matters as the appropriate authority considers appropriate.
In relation to any land, those matters include (in particular)—
the owner of any estate or interest in any of the land or in other land;
any occupier of any of the land or of other land;
the nature of any estate or interest in any of the land or in other land;
any use to which any of the land or other land has been, is being or could be put;
statutory provisions, or things done under statutory provisions, that have effect (or do not have effect) in relation to—
any of the land or other land, or
any of the matters within paragraphs (a) to (d);
any price, or value for any purpose, of any of the land or other land.
In this section—“legislation” means—an Act, or a Measure or Act of the National Assembly for Wales;“social interests” includes (in particular) each of the following—cultural interests; recreational interests; sporting interests;“statutory provision” means a provision of—legislation, or an instrument made under legislation.
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—
in response to a community nomination, or
where permitted by regulations made by the appropriate authority.
For the purposes of this Chapter “community nomination”, in relation to a local authority, means a nomination which—
nominates land in the local authority's area for inclusion in the local authority's list of assets of community value, and
is made—
by a parish council in respect of land in England in the parish council's area,
by a community council in respect of land in Wales in the community council's area, or
by a person that is a voluntary or community body with a local connection.
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.
The appropriate authority may by regulations make provision as to—
the meaning in subsection (2)(b)(iii) of “voluntary or community body”;
the conditions that have to be met for a person to have a local connection for the purposes of subsection (2)(b)(iii);
the contents of community nominations;
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.
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.
This section applies if a local authority receives a community nomination.
The authority must consider the nomination.
The authority must accept the nomination if the land nominated—
is in the authority's area, and
is of community value.
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.
The nomination is unsuccessful if subsection (3) does not require the authority to accept the nomination.
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.
Subsection (2) applies where land—a local authority's list of assets of community value.
is included in, or
removed from,
The authority must give written notice of the inclusion or removal to the following persons—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.
the owner of the land,
the occupier of the land if the occupier is not also the owner,
if the land was included in the list in response to a community nomination, the person who made the nomination, and
any person specified, or of a description specified, in regulations made by the appropriate authority,
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—
the consequences for the land and its owner of the land's inclusion in the list, and
the right to ask for review under section 92.
A notice under subsection (2) of removal of land from the list must state the reasons for the removal.
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.
If a request is made—the authority concerned must review its decision.
under subsection (1), and
in accordance with the time limits (if any) provided for in regulations under subsection (5),
Where under subsection (2) an authority reviews a decision, the authority must notify the person who asked for the review—
of the decision on the review, and
of the reasons for the decision.
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—
the authority must remove the entry for the land from the list, and
where the land was included in the list in response to a community nomination—
the nomination becomes unsuccessful, and
the authority must give a written copy of the reasons mentioned in subsection (3)(b) to the person who made the nomination.
The appropriate authority may by regulations make provision as to the procedure to be followed in connection with a review under this section.
Regulations under subsection (5) may (in particular) include—
provision as to time limits;
provision requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision;
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;
provision for appeals against the decision on the review.
List of land nominated by unsuccessful community nominations
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)).
The list maintained under subsection (1) by a local authority is to be known as its list of land nominated by unsuccessful community nominations.
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—
may (but need not) be removed from the list by the authority after it has been in the list for 5 years, and
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
A local authority must publish—
its list of assets of community value, and
its list of land nominated by unsuccessful community nominations.
A local authority must at a place in its area make available, for free inspection by any person, both—
a copy of its list of assets of community value, and
a copy of its list of land nominated by unsuccessful community nominations.
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.
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.
In this section “free” means free of charge.
Moratorium on disposing of listed land
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.
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.
Condition B is that either—
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
the full moratorium period has ended.
Condition C is that the protected period has not ended.
Subsection (1) does not apply in relation to a relevant disposal of land—
if the disposal is by way of gift (including a gift to trustees of any trusts by way of settlement upon the trusts),
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,
if the disposal is by personal representatives of a deceased person in order to raise money to—
pay debts of the deceased person,
pay taxes,
pay costs of administering the deceased person's estate, or
pay pecuniary legacies or satisfy some other entitlement under the will, or on the intestacy, of the deceased person,
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,
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—
part of which is land included in a local authority's list of assets of community value, and
part of which is land not included in any local authority's list of assets of community value,
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,
if the disposal is occasioned by a person ceasing to be, or becoming, a trustee,
if the disposal is by trustees of any trusts—
in satisfaction of an entitlement under the trusts, or
in exercise of a power conferred by the trusts to re-settle trust property on other trusts,
if the disposal is occasioned by a person ceasing to be, or becoming, a partner in a partnership, or
in cases of a description specified in regulations made by the appropriate authority.
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.
For the purposes of subsection (5)(d), a person (“M”) is a member of the family of another person if M is—
that other person's spouse or civil partner, or
a lineal descendant of a grandparent of that other person.
For the purposes of subsection (7)(b) a relationship by marriage or civil partnership is to be treated as a relationship by blood.
For the meaning of “relevant disposal”, and for when a relevant disposal is entered into, see section 96.
This section applies for the purposes of section 95.
A disposal of the freehold estate in land is a relevant disposal of the land if it is a disposal with vacant possession.
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.
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.
Subject to subsection (4), a relevant disposal within subsection (2) or (3) is entered into when it takes place.
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.
The appropriate authority may by order amend this section.
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.
The authority must cause the entry in the list for the land to reveal—
that notice under section 95(2) has been received in respect of the land,
the date when the authority received the notice, and
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.
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).
The authority must make arrangements for those matters to be publicised in the area where the land is situated.
Subsection (2) applies if—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.
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
before the end of the interim moratorium period that applies under section 95 as a result of the notice,
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.
The appropriate authority may by regulations make provision for the payment of compensation in connection with the operation of this Chapter.
Regulations under subsection (1) may (in particular)—
provide for any entitlement conferred by the regulations to apply only in cases specified in the regulations;
provide for any entitlement conferred by the regulations to be subject to conditions, including conditions as to time limits;
make provision about—
who is to pay compensation payable under the regulations;
who is to be entitled to compensation under the regulations;
what compensation under the regulations is to be paid in respect of;
the amount, or calculation, of compensation under the regulations;
the procedure to be followed in connection with claiming compensation under the regulations;
the review of decisions made under the regulations;
appeals against decisions made under the regulations.
Miscellaneous
If land is included in a local authority's list of assets of community value—
inclusion in the list is a local land charge, and
that authority is the originating authority for the purposes of the Local Land Charges Act 1975.
The appropriate authority may by regulations make provision—
with a view to preventing, or reducing the likelihood of, contraventions of section 95(1);
as to the consequences applicable in the event of contraventions of section 95(1).
The provision that may be made under subsection (1) includes (in particular)—
provision for transactions entered into in breach of section 95(1) to be set aside or to be ineffective;
provision about entries on registers relating to land.
The provision that may be made under subsection (1) includes provision amending—
legislation, or
an instrument made under legislation.
In subsection (3) “legislation” means—
an Act, or
a Measure or Act of the National Assembly for Wales.
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.
The Secretary of State may do anything that the Secretary of State considers appropriate for the purpose of giving advice or assistance—
to anyone in relation to doing any of the following—
taking steps under or for purposes of provision contained in, or made under, this Chapter so far as applying in relation to England, or
preparing to, or considering or deciding whether to, take steps within sub-paragraph (i), or
to a community interest group in relation to doing any of the following—
bidding for, or acquiring, land in England that is included in a local authority's list of assets of community value,
preparing to, or considering or deciding whether or how to, bid for or acquire land within sub-paragraph (i), or
preparing to, or considering or deciding whether or how to, bring land within sub-paragraph (i) into effective use.
The things that the Secretary of State may do under this section include, in particular—
the provision of financial assistance to any body or other person;
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.
In this section—
the reference to giving advice or assistance includes providing training or education,
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).
The Welsh Ministers may do anything that they consider appropriate for the purpose of giving advice or assistance—
to anyone in relation to doing any of the following—
taking steps under or for purposes of provision contained in, or made under, this Chapter so far as applying in relation to Wales, or
preparing to, or considering or deciding whether to, take steps within sub-paragraph (i), or
to a community interest group in relation to doing any of the following—
bidding for, or acquiring, land in Wales that is included in a local authority's list of assets of community value,
preparing to, or considering or deciding whether or how to, bid for or acquire land within sub-paragraph (i), or
preparing to, or considering or deciding whether or how to, bring land within sub-paragraph (i) into effective use.
The things that the Welsh Ministers may do under this section include, in particular—
the provision of financial assistance to any body or other person;
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.
In this section—
the reference to giving advice or assistance includes providing training or education,
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).
This Chapter binds the Crown.
Interpretation of Chapter
In this Chapter “local authority” in relation to England means—
a district council,
a county council for an area in England for which there are no district councils,
a London borough council,
the Common Council of the City of London, or
the Council of the Isles of Scilly.
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.
In this Chapter “local authority” in relation to Wales means—
a county council in Wales, or
a county borough council.
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.
In this Chapter “owner”, in relation to land, is to be read as follows.
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.
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.
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.
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.
The appropriate authority may by order amend this section—
for the purpose of changing the definition of “owner” for the time being given by this section;
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.
In this Chapter—“appropriate authority”—in relation to England means the Secretary of State, and 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—part of a building, part of any other structure, and 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).
For the meaning of “list of assets of community value” see section 87(2).
For the meaning of “list of land nominated by unsuccessful community nominations” see section 93(2).
Planning
The following provisions are repealed—
the remaining provisions of Part 5 of that Act (regional strategy).
Subsection (1)(b) does not apply to—
section 85(1) (consequential provision) of that Act,
Part 4 of Schedule 7 to that Act (regional strategy: repeals).
The Secretary of State may by order revoke the whole or any part of a regional strategy under Part 5 of that Act.
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.
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.
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.
Schedule 8 (which contains amendments that are consequential on this section) has effect.
In Part 2 of the Planning and Compulsory Purchase Act 2004 (local development) after section 33 insert—
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—
In section 20(5) of the Planning and Compulsory Purchase Act 2004 (development plan documents: purpose of independent examination) after paragraph (b) insert
Section 15 of the Planning and Compulsory Purchase Act 2004 (preparation, revision and promulgation of local development schemes) is amended as follows.
Omit subsection (3) (requirements as to preparation of schemes).
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 ”.
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 ”.
For subsection (7) (regulations about publicity, inspection and bringing schemes into effect) substitute—
After subsection (8A) insert—
After subsection (9) insert—
The Planning and Compulsory Purchase Act 2004 is amended as follows.
For section 20(7) (independent examiner must make recommendations with reasons) substitute—
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).
In section 21 (intervention by Secretary of State) after subsection (9) insert—
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.
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.
Omit subsection (1) (duty to make annual report).
In subsection (2) (contents of annual report) for “The annual report must contain” substitute “ Every local planning authority must prepare reports containing ”.
In subsection (3) (rules about annual reports) for the words from the beginning to the end of paragraph (b) substitute—.
After subsection (3) insert—
In the heading for “Annual” substitute “Authorities'” and for “report” substitute “ reports ”.
The Planning Act 2008 is amended as follows.
In section 211 (amount of levy) after subsection (7) insert—
After section 212 insert—
For section 213(1) (charging authority has to follow examiner's recommendations when approving charging schedule) substitute—
In section 213 (approval of charging schedules) after subsection (3) insert—
In section 213 after subsection (4) insert—
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.
The Planning Act 2008 is amended as follows.
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)—
for “providing infrastructure to support” substitute “ supporting ”, and
after “land” insert “ in a way that does not make development of the area economically unviable ”.
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—.
In section 216 (application of levy)—
in subsection (1) (levy to be used to fund infrastructure, or pay compensation under section 219)—
for “section” substitute “ sections 216A(1), 216B(2) and ”, and
for “funding infrastructure” substitute “ supporting development by funding the provision, improvement, replacement, operation or maintenance of infrastructure ”,
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) ”,
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 ”,
in subsection (4) (matters that may be specified by regulations) after paragraph (a) insert—,
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 ”,
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 ”,
in subsection (5)(c) (power to make provision about funding projects not on list) for “projects” substitute “ anything ”,
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 ”,
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
in subsection (6)(e) (regulations may make provision for the use of funding where the projects to be funded no longer require funding)—
for “the projects” substitute “ anything ”, and
for “require” substitute “ requires ”.
After section 216 insert—
Schedule 9 (which makes provision about neighbourhood development orders and neighbourhood development plans) has effect.
After Schedule 4A to the Town and Country Planning Act 1990 insert the Schedule 4B set out in Schedule 10 to this Act.
After the inserted Schedule 4B to that Act insert the Schedule 4C set out in Schedule 11 to this Act.
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.
A local planning authority's “neighbourhood planning functions” are any of their functions exercisable under any provision made by or under—
any of sections 61E to 61Q of, or Schedule 4B or 4C to, the Town and Country Planning Act 1990 (neighbourhood development orders),
this section.
The regulations must secure—
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,
that the charges become payable when the development is commenced (determined in accordance with the regulations), and
that the charges are payable to local planning authorities.
The regulations may authorise local planning authorities to set the amount of charges imposed by the regulations; and, if so, the regulations may—
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,
make provision about the approval and publication of a charging document,
prescribe matters to which the authorities must have regard in setting the charges,
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,
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
authorise the authorities to make exceptions (either generally or only to the extent specified in the regulations).
The regulations must make provision about liability to pay a charge imposed by the regulations.
The regulations may make provision—
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,
about assumption of partial liability,
about the withdrawal of assumption of liability,
about the cancellation by a local planning authority of assumption of liability,
for the owner or developer of land to be liable to pay the charge in cases prescribed by the regulations,
about joint liability (with or without several liability),
about liability of partnerships,
about apportionment of liability, including provision for referral to a specified body or other person for determination and provision for appeals, and
about transfer of liability (whether before or after the charge becomes due and whether or not liability has been assumed).
In subsection (6)(e)—
“owner” of land means a person who owns an interest in land, and
“developer” means a person who is wholly or partly responsible for carrying out a development.
The provision for appeals that may be made as a result of subsection (6)(h) includes provision about—
the period within which the right of appeal may be exercised,
the procedure on appeals, and
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).
Regulations under section 117 must include provision about the collection of charges imposed by the regulations.
The regulations may make provision—
for payment on account or by instalments,
about repayment (with or without interest) in cases of overpayment, and
Regulations under section 117 must include provision about enforcement of charges imposed by the regulations; and that provision must include provision—
for a charge (or other amount payable under the regulations) to be treated as a civil debt due to a local planning authority, and
for the debt to be recoverable summarily.
The regulations may make provision—
about the consequences of failure to assume liability, to give a notice or to comply with another procedure under the regulations,
for the payment of interest (at a rate specified in, or determined in accordance with, the regulations),
for the imposition of a penalty or surcharge (of an amount specified in, or determined in accordance with, the regulations),
for enforcement in the case of death or insolvency of a person liable for the charge.
Regulations under section 117 may make provision about procedures to be followed in connection with charges imposed by the regulations.
The regulations may make provision about—
procedures to be followed by a local planning authority proposing to start or stop imposing a charge,
procedures to be followed by a local planning authority in relation to the imposition of a charge,
the arrangements of a local planning authority for the making of any decision prescribed by the regulations,
consultation,
the publication or other treatment of reports,
timing and methods of publication,
making documents available for inspection,
providing copies of documents (with or without charge),
the form and content of documents,
giving notice,
serving notices or other documents, and
procedures to be followed in connection with actual or potential liability for a charge.
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).
Regulations under section 117 may make provision binding the Crown.
Regulations under section 117 may make—
provision applying any enactment (with or without modifications), and
provision for exceptions.
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.
a neighbourhood development order under section 61E of the Town and Country Planning Act 1990, or
a neighbourhood development plan under section 38A of the Planning and Compulsory Purchase Act 2004.
The Secretary of State may do anything that the Secretary of State considers appropriate—
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
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.
The things that the Secretary of State may do under this section include, in particular—
the provision of financial assistance (or the making of arrangements for its provision) to any body or other person, and
the making of agreements or other arrangements with any body or other person (under which payments may be made to the person).
In this section—
the reference to giving advice or assistance includes providing training or education,
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),
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
any reference to a neighbourhood development plan is to a neighbourhood development plan under section 38A of the Planning and Compulsory Purchase Act 2004.
Schedule 12 (neighbourhood planning: consequential amendments) has effect.
In the Town and Country Planning Act 1990, before section 62 (and before the italic heading which precedes that section) insert—
In section 62 of the Town and Country Planning Act 1990 (applications for planning permission) after subsection (6) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Town and Country Planning Act 1990 is amended as follows.
After section 70B insert—
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 ”.
In section 174 (appeal against enforcement notice) after subsection (2) insert—
In section 177 (grant or modification of planning permission on appeals against enforcement notice) after subsection (1B) insert—
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—.
In the Town and Country Planning Act 1990 after section 171B insert—
In section 188 of the Town and Country Planning Act 1990 (register of enforcement and stop notices)—
in subsection (1) (matters to which registers apply) before paragraph (a) insert—,
in subsection (2)(a) (development order may make provision about removal of entries from register)—
before “enforcement notice” insert “ planning enforcement order, ”,
before “any such notice” insert “ any planning enforcement order or ”, and
after “specified in the” insert “ development ”,
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, ”,
after subsection (3) insert—, and
in the heading after “and stop notices” insert “ and other enforcement action ”.
In section 191 of the Town and Country Planning Act 1990 (certificate of lawfulness of existing use or development) after subsection (3) insert—
In the Town and Country Planning Act 1990 after section 172 (issue and service of enforcement notice) insert—
The Town and Country Planning Act 1990 is amended as follows.
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.
In section 210 (penalties for non-compliance with tree preservation regulations) after subsection (4) insert—
In section 224 (enforcement of control as to advertisements) after subsection (6) insert—
An amendment made by this section applies only in relation to offences committed after the amendment has come into force.
In Part 8 of the Town and Country Planning Act 1990 (special controls) in Chapter 3 (advertisements) after section 225 insert—
In Part 8 of the Town and Country Planning Act 1990 (special controls) after Chapter 3 insert—
In section 11 of the London Local Authorities Act 2007 (c. ii) after subsection (10) insert—
The Infrastructure Planning Commission ceases to exist on the day on which this subsection comes into force.
Schedule 13 (amendments in consequence of Commission's abolition, including amendments transferring its functions to Secretary of State) has effect.
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.
Subsection (3) operates in relation to property, rights and liabilities—
whether or not they would otherwise be capable of being transferred,
without any instrument or other formality being required, and
irrespective of any requirement for consent that would otherwise apply.
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.
Subsections (3) and (4) do not affect the operation of those Regulations in relation to that transfer.
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—
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,
a proposed application notified to the Commission under section 46 of that Act before the abolition date, or
an application received by the Secretary of State on or after the abolition date where—
the application purports to be an application for an order granting development consent under that Act, and
a proposed application that has become that application was notified to the Commission under section 46 of that Act before the abolition date.
A direction under subsection (1) may (in particular)—
make provision about the effect on and after the abolition date of things done before that date;
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;
provide for provisions of or made under that Act to apply on and after the abolition date with modifications specified in the direction;
make provision for a person who immediately before the abolition date—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;
is a member of the Commission, and
is a member of the Panel, or is the single Commissioner, handling an application for an order granting development consent under that Act,
make other transitional provision and savings;
make provision binding the Crown.
The Planning Act 2008 is amended as follows.
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
In section 5 (national policy statements) after subsection (4) insert—
In section 5(9) omit paragraph (b) (designated statement must be laid before Parliament).
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
In section 6 (review and amendment of national policy statements) after subsection (7) insert—
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) ”.
After section 6 insert—
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) ”.
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—.
In section 8 (consultation on publicity requirements) after subsection (3) insert—
In section 8, after subsection (4) (meaning of “local authority”) insert—
In section 9 (parliamentary requirements for national policy statements and their amendments) after subsection (7) insert—
Section 12 (power to designate pre-commencement statements of policy and to take account of pre-commencement consultation etc) is repealed.
The Planning Act 2008 is amended as follows.
In section 33 (effect of requirement for development consent on other consent regimes) after subsection (4) insert—
In section 232 (orders and regulations)—
in subsection (5)(d) (orders not subject to annulment by either House of Parliament) after “14(3),” insert “ 33(5), ”, and
in subsection (6) (orders that must be approved in draft by both Houses of Parliament before being made) after “14(3),” insert “ 33(5), ”.
in sub-paragraph (a) for paragraph (i) substitute—,
omit the “and” at the end of sub-paragraph (a),
in sub-paragraph (b) for “subsections (2) to (4)” substitute “ paragraphs (a) to (c) of subsection (2), and subsections (3) and (4), ”, and
after sub-paragraph (b) insert
Section 35 of the Planning Act 2008 (directions in relation to projects of national significance) is amended in accordance with subsections (2) to (9).
In subsection (1) (circumstances in which the Secretary of State may give directions)—
in paragraph (b)—
omit “the”, and
after “project” insert “ , or proposed project, ”.
For subsection (4) (directions the Secretary of State may give) substitute—
In subsection (5) (power to modify application of statutory provisions in relation to an application etc)—
for “subsection (4)” substitute “ subsection (4B) ”,
in paragraph (a) after “application” insert “ , or proposed application, ”, and
in paragraph (b) after “application” insert “ or proposed application ”.
for “subsection (4)” substitute “ subsection (4B) ”, and
after “application” insert “ , or proposed application, ”.
for “subsection (4)” substitute “ subsection (4B) ”, and
after “application” insert “ , or proposed application, ”.
After subsection (8) insert—
After subsection (9) insert—
In the Planning Act 2008 after section 35 insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Planning Act 2008 is amended as follows.
In section 52(1) (obtaining information about interests in land) for “subsection (2) applies” substitute “ subsections (2) and (2A) apply ”.
In section 52 after subsection (2) insert—
In section 52 after subsection (5) insert—
In section 52(10) for “(2) and (3)” substitute “ (2) to (3) ”.
In section 52 after subsection (11) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 57(6) (meaning of “relevant claim” in section 57(4)) after paragraph (b) insert
The Planning Act 2008 is amended as follows.
In section 53(1) (person may be authorised to enter land for the purpose of surveying and taking levels of it) after “taking levels of it” insert “ , or in order to facilitate compliance with the provisions mentioned in subsection (1A), ”.
In section 53 after subsection (1) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 53 after subsection (3) insert—
The Planning Act 2008 is amended as follows.
In section 55(3) (conditions for acceptance of application) omit paragraphs (b) and (d) (application may be accepted only if it complies with requirements as to form and contents and with any standards set, and gives reasons for any failure to follow applicable guidance).
In section 55(3) after paragraph (e) insert
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 37(3) (requirements as to form and contents of application) after “must” insert “ , so far as necessary to secure that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory ”.
The Planning Act 2008 is amended as follows.
In section 56(2) (persons to be notified of the acceptance of an application for an order granting development consent) for paragraph (b) (relevant local authorities under section 102(5)) substitute—.
After section 56 insert—
In section 60(2) (persons who the Commission must invite to submit local impact reports) for paragraph (a) (relevant local authorities under section 102(5)) substitute—.
In section 88 (initial assessment of issues, and preliminary meeting)—
in subsection (3) (persons who must be invited to preliminary meeting) omit the “and” at the end of paragraph (a),
in that subsection after paragraph (b) insert—, and
after that subsection insert—
After section 88 insert—
In section 89 (Examining authority's decisions about how application is to be examined and the notification of those decisions to parties) after subsection (2) insert—
In section 102 (interpretation of Chapter 4: “interested party” and other expressions)—
in subsection (1) for paragraph (b) (statutory party is interested party) substitute—,
in subsection (1) for paragraph (c) (relevant local authority is interested party) insert—,
after subsection (1) (definition of interested party) insert—,
omit subsection (3) (definition of statutory party),
omit subsections (5) to (7) (which further define the local authorities that are relevant local authorities), and
in subsection (8) (definition of local authority) for “subsections (5) to (7)” substitute “ subsection (1)(c) ”.
After section 102 insert—
In Schedule 12 (application of Act to Scotland: modifications) after paragraph 9 insert—
The Planning Act 2008 is amended as follows.
In section 98(3) (Examining authority must report on application within 3 months beginning with deadline for completing its examination) for the words from “beginning” onwards substitute
for “with the” substitute, and
at the end insert
In section 120(2) of the Planning Act 2008 (provision relating to requirements that may be included in order granting development consent)—
after “in particular include” insert, and
after “development” insert.
The Planning Act 2008 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 130(3) (order authorising compulsory acquisition of certain National Trust land subject to special parliamentary procedure if representation made by National Trust and not withdrawn)—
after paragraph (a) (but before the “and” at the end of that paragraph) insert—, and
in paragraph (b) (condition that representation has not been withdrawn) for “representation” substitute “ objection ”.
Section 134 of the Planning Act 2008 (notice of authorisation of compulsory acquisition) is amended as follows.
In subsection (3) (steps the prospective purchaser must take after order granting development consent is made that includes provision authorising compulsory acquisition)—
before paragraph (a) insert—, and
in paragraph (a) omit “and a copy of the order”.
In subsection (7) (contents of a compulsory acquisition notice) before the “and” at the end of paragraph (c) insert—.
Omit subsection (8) (compulsory acquisition notice affixed to object on or near the order land to say where order granting development consent can be inspected).
Section 70 of the Town and Country Planning Act 1990 (determination of applications for planning permission: general considerations) is amended as follows.
In subsection (2) (local planning authority to have regard to material considerations in dealing with applications) for the words from “to the provisions” to the end substitute
After subsection (2) insert—
After subsection (3) insert—
The amendments made by this section do not alter—
whether under subsection (2) of section 70 of the Town and Country Planning Act 1990 regard is to be had to any particular consideration, or
the weight to be given to any consideration to which regard is had under that subsection.
An amendment made by this Part in—binds the Crown.
the Town and Country Planning Act 1990,
the Planning (Listed Buildings and Conservation Areas) Act 1990,
the Planning and Compulsory Purchase Act 2004, or
the Planning Act 2008,
Housing
Allocation
Section 159 of the Housing Act 1996 (allocation of housing accommodation) is amended as follows.
After subsection (4) insert—
In subsection (5) after “accommodation” (in the first place it occurs) insert “ by a local housing authority in Wales ”.
In the Housing Act 1996 before section 160A insert—
Section 160A (allocation only to eligible persons) is amended as follows—
in the heading after “persons” insert “ : Wales ”,
in subsection (1) after “authority” insert “ in Wales ”,
in subsection (2) after “authority” insert “ in Wales ”,
in subsection (3) after “authority” insert “ in Wales ”,
in subsection (5)—
after “authorities” insert “ in Wales ”,
after “authority” insert “ in Wales ”,
in subsection (6) after “authority” insert “ in Wales ”,
in subsection (7) after “authority” insert “ in Wales ”,
in subsection (9) after “authority” insert “ in Wales ”, and
in subsection (11) after “authority” insert “ in Wales ”.
The Housing Act 1996 is amended as follows.
In section 166 (applications for housing accommodation)—
after subsection (1) insert—
in subsection (2) after “authority” insert “ in Wales ”.
For the heading before section 167 substitute “ Allocation schemes ”.
Before section 167 insert—
Section 167 (allocation in accordance with allocation scheme) is amended as follows—
in the heading after “scheme” insert “ : Wales ”,
in subsection (1) after “authority” insert “ in Wales ”,
in subsection (4) after “authority” insert “ in Wales ”,
in subsection (7) after “authority” insert “ in Wales ”, and
in subsection (8) after “authority” insert “ in Wales ”.
In section 172(2) (regulations) before “167(3)” insert “ 166A(7) or ”.
In section 174 (index of defined expressions: Part VI) in the entry for “allocation scheme” before “167” insert “ 166A and ”.
Homelessness
Section 193 of the Housing Act 1996 (duty to persons with priority need who are not homeless intentionally) is amended as follows.
Omit subsection (3A).
For subsection (5) substitute—
In subsection (7) after “refusal” insert “ or acceptance ”.
In subsection (7AA)—
omit “In a restricted case”,
after “informed” insert “ in writing ”, and
in paragraph (a) for “private accommodation offer” substitute “ private rented sector offer ”.
In subsection (7AB)—
in paragraph (a) after “refusal” insert “ or acceptance ”, and
at the end of paragraph (b) insert
In subsection (7AC) for “private accommodation offer” substitute “ private rented sector offer ”.
Omit subsections (7B) to (7E).
In subsection (7F)—
at the end of paragraph (a) insert “ or ”,
in paragraph (ab) for “private accommodation offer” substitute “ private rented sector offer ”,
omit paragraph (b), and
in the words following that paragraph for “it is reasonable for him to accept the offer” substitute “ subsection (8) does not apply to the applicant. ”
For subsection (8) substitute—
After subsection (9) insert—
The Housing Act 1996 is amended as follows.
In section 188 after subsection (1) insert—
In section 195—
omit subsection (3A), and
in subsection (4B) for “(3A) to” substitute “ (4) and ”.
After section 195 insert—
Section 198 (referral to another local housing authority) is amended as follows.
After subsection (2) insert—
In subsection (2A) after “(2)” insert “ or (2ZA) ”.
In subsection (3) after “(2)” insert “ , (2ZA) ”.
In section 202(1)(g) (right to request review of decision) for “private accommodation offer” substitute “ private rented sector offer ”.
Tenancy strategies
A local housing authority in England must prepare and publish a strategy (a “tenancy strategy”) setting out the matters to which the registered providers of social housing for its district are to have regard in formulating policies relating to—
the kinds of tenancies they grant,
the circumstances in which they will grant a tenancy of a particular kind,
where they grant tenancies for a term certain, the lengths of the terms, and
the circumstances in which they will grant a further tenancy on the coming to an end of an existing tenancy.
The tenancy strategy must summarise those policies or explain where they may be found.
A local housing authority must have regard to its tenancy strategy in exercising its housing management functions.
A local housing authority must publish its tenancy strategy before the end of the period of 12 months beginning with the day on which this section comes into force.
A local housing authority must keep its tenancy strategy under review, and may modify or replace it from time to time.
If a local housing authority modifies its tenancy strategy, it must publish the modifications or the strategy as modified (as it considers appropriate).
A local housing authority must—
make a copy of everything published under this section available at its principal office for inspection at all reasonable hours, without charge, by members of the public, and
provide (on payment if required by the authority of a reasonable charge) a copy of anything so published to any member of the public who asks for one.
In this section and section 151 (preparation of tenancy strategy)—
references to a registered provider of social housing for a district are to a registered provider who grants tenancies of dwelling-houses in that district, and
“district”, “dwelling-house” and “local housing authority” have the same meaning as in the Housing Act 1985.
Before adopting a tenancy strategy, or making a modification to it reflecting a major change of policy, the authority must—
send a copy of the draft strategy, or proposed modification, to every private registered provider of social housing for its district, and
give the private registered provider a reasonable opportunity to comment on those proposals.
Before adopting a tenancy strategy, or making a modification to it reflecting a major change of policy, the authority must also—
consult such other persons as the Secretary of State may by regulations prescribe, and
in the case of an authority that is a London borough council, consult the Mayor of London.
The authority must, in preparing or modifying a tenancy strategy, have regard to—
its current allocation scheme under section 166A of the Housing Act 1996,
its current homelessness strategy under section 1 of the Homelessness Act 2002, and
in the case of an authority that is a London borough council, the London housing strategy.
In section 197 of the Housing and Regeneration Act 2008 (power of Secretary of State to give directions to regulator) in subsection (2) after paragraph (a) insert—.
In section 3 of the Homelessness Act 2002 (homelessness strategy) after subsection (7) insert—
Flexible tenancies
After section 106A of the Housing Act 1985 insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 84(1) of that Act (grounds and orders for possession of dwelling-house let on a secure tenancy) at the end insert “ or in accordance with section 107D (recovery of possession on expiry of flexible tenancy) ”.
In section 97 of that Act (tenant's improvements require consent) after subsection (4) insert—
In section 99A of that Act (right to compensation for improvement) after subsection (8) insert—
In section 117 of that Act (index of defined expressions: Part 4) at the appropriate place insert—.
After section 137 of the Housing Act 1996 (introductory tenancies) insert—
After section 143M of that Act (demoted tenancies) insert—
Other provisions relating to tenancies of social housing
In section 52 of the Law of Property Act 1925 (requirement that conveyances of land and interests in land be made by deed) in subsection (2) (exceptions) after paragraph (d) insert—.
After that subsection insert—
The Land Registration Act 2002 is amended as follows.
In section 3 (voluntary registration of title) after subsection (4) insert—
In section 4 (compulsory registration of title) after subsection (5) insert—
In section 27 (dispositions required to be registered) after subsection (5) insert—
In section 33 (interests in respect of which notice may not be entered on the register) after paragraph (b) insert—.
In section 132(1) (interpretation) at the appropriate places insert—.
In Schedule 1 (unregistered interests which override first registration) after paragraph 1 insert—
In Schedule 3 (unregistered interests which override registered dispositions) after paragraph 1 insert—
This section applies if the tenants (“the relevant tenants”) under two or more tenancies of dwelling-houses in England (“the existing tenancies”) make a request in writing to the landlord under each existing tenancy asking the landlord to—
permit the relevant tenant or tenants under the existing tenancy to surrender it, and
grant a new tenancy of the dwelling-house let under the tenancy to another relevant tenant or other relevant tenants.
The landlord must comply with the request if the following conditions are met.
The first condition is that at least one of the existing tenancies is—
a secure tenancy that is not a flexible tenancy, or
an assured tenancy—
which is not an assured shorthold tenancy, and
under which the landlord is the Regulator of Social Housing, a private registered provider of social housing or a housing trust which is a charity.
The second condition is that at least one of the existing tenancies is—
a secure tenancy that is a flexible tenancy, or
an assured shorthold tenancy under which the landlord is the Regulator of Social Housing, a private registered provider of social housing or a housing trust which is a charity.
The third condition is that the remaining existing tenancies (if any) fall within subsection (3) or (4).
The fourth condition is that at least one of the existing tenancies to which subsection (3) applies was granted before the day on which this section came into force.
The fifth condition is that none of the landlords under the existing tenancies has refused to comply with the request (and see further section 159).
Subsection (9) applies where a relevant tenant's existing tenancy is—
a secure tenancy that is not a flexible tenancy, or
an assured tenancy that is not an assured shorthold tenancy.
The new tenancy granted to the relevant tenant pursuant to this section must be—according to the landlord's capacity to grant a tenancy of either kind.
a secure tenancy that is not a flexible tenancy, or
an assured tenancy that is not an assured shorthold tenancy,
The Secretary of State may by regulations provide that this section does not apply in relation to an assured shorthold tenancy of a kind specified in the regulations.
If the landlord refuses to comply with the request otherwise than on one of those grounds, the landlord is treated for the purposes of section 158 as not having refused to comply with the request.
A landlord may not rely on any of the grounds set out in Schedule 14 unless the landlord has, within the period of 42 days beginning with receipt of the relevant tenants' request, given each of the tenants a notice specifying the ground and giving particulars of it.
The duty imposed on a landlord by section 158 is enforceable by injunction.
The county court has jurisdiction to entertain any proceedings brought pursuant to subsection (4).
“secure tenancy” has the meaning given by section 79 of the Housing Act 1985,
“flexible tenancy” has the meaning given by section 107A of that Act,
“assured tenancy” and “assured shorthold tenancy” have assured shorthold tenancy” have has the same meaning as in Part 1 of the Housing Act 1988, and
other expressions defined in the Housing Act 1985 or the Housing Act 1988 have the same meaning as in that Act (and, if they are defined in both Acts, have the same meaning as in the Housing Act 1985).
In section 160(1) of the Housing Act 1996 (cases where provisions about allocations do not apply), for the “or” at the end of paragraph (d) substitute—.
Before section 87 of the Housing Act 1985 insert—
In section 87 of that Act (persons qualified to succeed secure tenant)—
in the section heading at the end insert “ : Wales ”, and
after “secure tenancy” insert “ of a dwelling-house in Wales ”.
Section 89 of that Act (succession to periodic tenancy) is amended as follows.
After subsection (1) insert—
In subsection (2) after “tenant” insert “ under section 87 ”.
The amendments made by this section do not apply in relation to a secure tenancy that—
was granted before the day on which this section comes into force, or
came into being by virtue of section 86 of the Housing Act 1985 (periodic tenancy arising on termination of fixed term) on the coming to an end of a secure tenancy within paragraph (a).
Section 17 of the Housing Act 1988 (succession to assured periodic tenancy by spouse) is amended as follows.
In the heading for “assured periodic tenancy by spouse” substitute “ assured tenancy ”.
In subsection (1)—
at the beginning insert “ Subject to subsection (1D), ”, and
omit paragraph (c).
After that subsection insert—
In subsection (5) after “(1)(b)” insert “ or (1B)(c) ”.
After subsection (5) insert—
The amendments made by this section do not apply in relation to an assured tenancy that—
was granted before the day on which this section comes into force, or
came into being by virtue of section 5 of the Housing Act 1988 (periodic tenancy arising on termination of fixed term) on the coming to an end of an assured shorthold tenancy within paragraph (a).
In section 90 of the Housing Act 1985 (devolution of fixed term secure tenancy) after subsection (4) insert—
In Part 3 of Schedule 2 to that Act (grounds on which court may order possession of dwelling-house let on secure tenancy if reasonable and if alternative accommodation is available) after Ground 15 insert—
In that Part of that Schedule, in Ground 16 (vesting of tenancy in member of previous tenant's family other than his or her spouse or civil partner)—
at the beginning of the first unnumbered paragraph for “The accommodation afforded by the dwelling-house” substitute “ The dwelling-house is in Wales, the accommodation afforded by it ”,
in the first unnumbered paragraph—
in paragraph (a) after “tenancy)” insert “ or 90 (devolution of term certain) ”, and
in paragraph (b) for “the date of the previous tenant's death” substitute “ the relevant date ”, and
after the first unnumbered paragraph insert—
In section 7 of the Housing Act 1988 (orders for possession of assured tenancies) after subsection (6) insert—
In Part 1 of Schedule 2 to that Act (grounds for possession of dwelling-houses let on assured tenancies: grounds on which court must order possession) in Ground 7 (devolution of tenancy under will or intestacy)—
in the first unnumbered paragraph, after “tenancy)” insert “ , or a fixed term tenancy of a dwelling-house in England, ”,
in the second unnumbered paragraph—
omit “periodic”, and
after “period” insert “ or length of term ”, and
after that paragraph insert—
In section 20B(2) of the Housing Act 1988 (demoted assured shorthold tenancy lasts for one year unless subsection (3) applies) after “subsection (3) applies” insert“ , but see section 20C ”.
After section 20B of the Housing Act 1988 insert—
Before section 21 of the Housing Act 1988 insert—
In section 21 of the Housing Act 1988 (recovery of possession on expiry or termination of assured shorthold tenancy) after subsection (1) insert—
The amendments made by this section do not apply in relation to an assured shorthold tenancy that—
was granted before the day on which this section comes into force, or
came into being by virtue of section 5 of the Housing Act 1988 (periodic tenancy arising on termination of fixed term) on the coming to an end of an assured shorthold tenancy within paragraph (a).
Section 180 of the Housing and Regeneration Act 2008 (social housing: right to acquire) is amended as follows.
In subsection (2)(a) (conditions to be met in relation to tenancies) omit “an assured shorthold tenancy or”.
After subsection (2) insert—
The amendments made by this section do not apply in relation to an assured shorthold tenancy that—
was granted before the day on which this section comes into force, or
came into being by virtue of section 5 of the Housing Act 1988 (periodic tenancy arising on termination of fixed term) on the coming to an end of an assured shorthold tenancy within paragraph (a).
In section 13 of the Landlord and Tenant Act 1985 (leases to which the provisions about repairing obligations in section 11 of that Act apply) after subsection (1) insert—
Schedule 15 (abolition of Housing Revenue Account subsidy in England) has effect.
The Secretary of State may make a determination providing for the calculation of the amount of a payment (referred to in this Chapter as a “settlement payment”) in relation to each local housing authority in England that keeps a Housing Revenue Account.
A determination under this section may, in particular, provide for all or part of the amount to be calculated in accordance with a formula or formulae.
In determining a formula for this purpose, the Secretary of State may, in particular, include variables framed by reference to—
the amounts (if any) that, during such period and on such assumptions as the Secretary of State may determine, are to be treated as amounts that will be received by the local housing authority in connection with the exercise of its functions relating to houses and other property within its Housing Revenue Account,
the amounts (if any) that, during such period and on such assumptions as the Secretary of State may determine, are to be treated as amounts that will be paid by the authority in connection with the exercise of those functions, and
the amount (if any) that, at such time and on such assumptions as the Secretary of State may determine, is to be treated as the amount of debt held by the authority in connection with the exercise of those functions.
A determination under this section may provide for an assumption to be made about an amount whether or not the assumption is, or is likely to be, borne out by events.
A determination under this section may provide that the effect of the calculation in relation to a local housing authority is that—
a settlement payment must be made by the Secretary of State to the local housing authority,
a settlement payment must be made by the local housing authority to the Secretary of State, or
the amount of a settlement payment in relation to that authority is nil.
This section applies if a settlement payment has been made in respect of a local housing authority.
The Secretary of State may from time to time make a determination that a further payment calculated in accordance with the determination must be made—
by the Secretary of State to the local housing authority, or
by the local housing authority to the Secretary of State.
The Secretary of State may make a determination under this section only if there has been a change in any matter that was taken into account in making—
the determination relating to the settlement payment or a calculation under that determination, or
a previous determination under this section relating to the local housing authority or a calculation under that determination.
A determination under this section may be varied or revoked by a subsequent determination.
A payment under this Chapter must be made in such instalments, at such times and in accordance with such arrangements as the Secretary of State may determine.
Arrangements under subsection (1) may include arrangements for payments to be made—
by a person or body other than the Secretary of State to a local housing authority, or
to a person or body other than the Secretary of State by a local housing authority.
A payment under this Chapter by a local housing authority must be accompanied by such information as the Secretary of State may require.
The Secretary of State may charge a local housing authority interest, at such rates and for such periods as the Secretary of State may determine, on any sum payable by the local housing authority under this Chapter that is not paid by a time determined under this section for its payment.
The Secretary of State may charge a local housing authority an amount equal to any additional costs incurred by the Secretary of State as a result of any sum payable by the local housing authority under this Chapter not being paid by a time determined under this section for its payment.
A payment under this Chapter other than a payment under subsection (4) or (5)—
if made by a local housing authority, is to be treated by the authority as capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003;
if made to a local housing authority, is to be treated by the authority as a capital receipt for the purposes of that Chapter.
A determination under this Chapter may require a payment to a local housing authority made under this Chapter to be used by the authority for a purpose specified in the determination.
A local housing authority to which such a requirement applies must comply with it.
In Schedule 4 to the Local Government and Housing Act 1989 (the keeping of the housing revenue account) in Part 2 (debits to the account) after item 5 insert— “ Item 5A: sums payable under section 170 of the Localism Act 2011 Sums payable for the year to the Secretary of State under section 170(4) or (5) of the Localism Act 2011 (interest etc charged as a result of late payment of settlement payments etc). ”
The Secretary of State may from time to time make a determination providing for the calculation in relation to each local housing authority in England that keeps a Housing Revenue Account of—
the amount of housing debt that, at such time and on such assumptions as the Secretary of State may determine, is to be treated as held by the authority, and
the maximum amount of such housing debt that the authority may hold.
A determination under this section may, in particular, provide for all or part of an amount to be calculated in accordance with a formula or formulae.
A determination under this section may provide for assumptions to be made in making a calculation whether or not those assumption are, or are likely to be, borne out by events.
A determination under this section may be varied or revoked by a subsequent determination.
A local housing authority may not hold debt in contravention of a determination under this section.
In this section “housing debt”, in relation to a local housing authority, means debt—
which is held by the authority in connection with the exercise of its functions relating to houses and other property within its Housing Revenue Account, and
interest and other charges in respect of which are required to be carried to the debit of that account.
A local housing authority in England must supply the Secretary of State with such information as the Secretary of State may specify for the purposes of enabling the Secretary of State to exercise functions under this Chapter.
The Secretary of State may exercise the powers under this section either generally or in relation to a particular case.
If a local housing authority fails to comply with this section before the end of such period as the Secretary of State may specify, the Secretary of State may exercise functions under this Chapter on the basis of such assumptions and estimates as the Secretary of State thinks fit.
A determination under this Chapter may make different provision for different cases or descriptions of case, including different provision—
for different areas,
for different local housing authorities, or
for different descriptions of local housing authority.
Before making a determination under this Chapter that relates to all local housing authorities or a description of local housing authority, the Secretary of State must consult such representatives of local government and relevant professional bodes as the Secretary of State thinks appropriate.
Before making a determination under this Chapter relating to a particular local housing authority, the Secretary of State must consult that local housing authority.
As soon as practicable after making a determination under this Chapter, the Secretary of State must send a copy of the determination to the local housing authority or authorities to which it relates.
Section 87(4) to (7) (electronic communications) of the Local Government and Housing Act 1989 applies to a determination under this Chapter as it applies to a determination under Part 6 of that Act.
In section 11 of the Local Government Act 2003 (use of capital receipts by a local authority) after subsection (5) insert—
In this Chapter “local housing authority” has the same meaning as in the Housing Act 1985.
In section 193 of the Housing and Regeneration Act 2008 (power for regulator to set standards for registered providers) in subsection (2) after paragraph (g) insert—.
In section 197(2) of that Act (power of Secretary of State to give directions to regulator) after paragraph (c) insert
In section 122 of the Housing and Regeneration Act 2008 (registered providers of social housing in England: restriction on gifts and distributions to members etc) after subsection (5) (the third class of permitted payments) insert—
Schedule 16 (transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency) has effect.
In that Schedule—Part 1 amends the Housing and Regeneration Act 2008 (regulation of social housing) so as to—abolish the Office for Tenants and Social Landlords (“the Office”), create the Regulation Committee of the Homes and Communities Agency (“the HCA”), and transfer the functions of the Office to the HCA acting through the Committee, Part 2 makes consequential amendments to other enactments, Part 3 contains provision transferring property, rights and liabilities of the Office to the HCA, and Part 4 contains transitional and saving provisions.
Schedule 17 (regulation of social housing) has effect.
Housing ombudsman
In Schedule 2 to the Housing Act 1996 (social rented sector: housing complaints) after paragraph 7 insert—
Section 239(2) of the Housing and Regeneration Act 2008 (regulator may award compensation if compensation awarded by housing ombudsman has not been paid) is omitted.
Subsection (1), so far as it inserts paragraph 7A of Schedule 2 to the Housing Act 1996, applies only in relation to complaints made to a housing ombudsman after the coming into force of that subsection so far as it makes that insertion.
Subsection (1), so far as it inserts paragraph 7D of that Schedule, applies only in relation to determinations made after the coming into force of that subsection so far as it makes that insertion.
Subsection (2) applies only in relation to determinations made after the coming into force of that subsection.
In Schedule 5 to the Local Government Act 1974 (matters not subject to investigation by a Local Commissioner)—
after paragraph 5 insert—, and
in paragraph 6 for the words from “not action” to the end substitute
The Housing Act 1996 is amended as follows.
In section 51(2) (investigation of complaints against social landlords) before paragraph (a) insert—
In Schedule 2 (schemes for the investigation of housing complaints)—
in paragraph 1(1) after “social landlord” insert “ , other than a local housing authority, ”,
after paragraph 1(1) insert—, and
after paragraph 11(1) insert—
The Secretary of State may, in consequence of the amendments made by this section, make a scheme (“a transfer scheme”) transferring property, rights and liabilities of the Commission for Local Administration in England to a person administering a scheme approved under Schedule 2 to the Housing Act 1996.
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred, and
property acquired, and rights and liabilities arising, after the making of the scheme.
A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—
create rights, or impose liabilities, in relation to property or rights transferred,
make provision about the continuing effect of things done by or in relation to the transferor in respect of anything transferred,
make provision 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,
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee,
make provision for the shared ownership or use of property, and
if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.
A transfer scheme may provide—
for modification by agreement, and
for modifications to have effect from the date when the original scheme came into effect.
In this section—“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, and references to the transfer of property include the grant of a lease.
Subsection (1) applies only in relation to complaints made to a Local Commissioner after the coming into force of that subsection.
Subsection (3) or (4) applies only in relation to complaints made to a housing ombudsman after the coming into force of that subsection.
The Local Government Act 1974 is amended in accordance with subsections (2) to (7).
In section 33 (consultation between Local Commissioners and other Commissioners)—
in subsection (1) after paragraph (b) insert—,
in subsection (2) after “Parliamentary Commissioner,” insert “ a housing ombudsman, ”,
after subsection (3) insert—,
in subsection (4) after “subsection (3)” insert “ or (3A) ”, and
in that subsection after “1967” insert “ or under the Housing Act 1996 ”.
Section 33ZA (collaborative working between Local Commissioners and other Commissioners) is amended as follows.
In subsection (1) (power to conduct joint investigations)—
in paragraph (c) for “both” substitute “ a housing ombudsman ”, and
for the words from “jointly” to the end substitute “ jointly with any also-involved ombudsman or jointly with any two or more also-involved ombudsmen. ”
After subsection (1) insert—
In subsection (3) (power to conduct joint investigations)—
in paragraph (c) for “both” substitute “ a housing ombudsman ”, and
for the words from “jointly” to the end substitute “ jointly with a person within paragraph (a), (b) or (c) who is investigating the complaint or jointly with any two or more such persons. ”
In section 34(1) (interpretation of Part 3) insert at the appropriate place—.
In Schedule 2 to the Housing Act 1996 (housing ombudsman schemes) after paragraph 10 insert—
Home information packs
Part 5 of the Housing Act 2004 (home information packs) is repealed.
Schedule 18 (home information packs: consequential amendments) has effect.
Tenants' deposits
The Housing Act 2004 is amended as follows.
In section 213 (requirements relating to tenancy deposits)—
in subsection (3) (landlord's requirement to comply with initial requirements within 14 days of receipt of deposit) for “14” substitute “ 30 ”, and
in subsection (6)(b) (landlord's requirement to give tenant information within 14 days of receipt of deposit) for “14” substitute “ 30 ”.
Section 214 (proceedings relating to tenancy deposits) is amended as follows.
In subsection (1) (grounds for an application to a county court) for paragraph (a) substitute—.
After subsection (1) insert—
In subsection (2) (conditions for a remedy)—
in the opening words for “if on such an application” substitute “ in the case of an application under subsection (1) if the tenancy has not ended and ”, and
for paragraph (a) substitute—.
After subsection (2) insert—
After subsection (3) insert—
In subsection (4) (amount of penalty payment)—
omit “also”, and
for “equal to” substitute “ not less than the amount of the deposit and not more than ”.
Section 215 (sanctions for non-compliance) is amended as follows.
In subsection (1) (prevention of service of notice under section 21 of the Housing Act 1988)—
at the beginning insert“ Subject to subsection (2A), ”, and
for paragraph (b) substitute—
In subsection (2) (prevention of service of notice under section 21 of the Housing Act 1988) at the beginning insert“ Subject to subsection (2A), ”.
After subsection (2) insert—
Houses in multiple occupation
In Schedule 14 to the Housing Act 2004 (buildings which are not HMOs for the purposes of that Act (excluding Part 1)) after paragraph 2A insert—
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London and areas of other mayoral strategic authorities
Section 31 of the Greater London Authority Act 1999 (limits of the Authority's general power) is amended as follows.
In subsection (3) (prohibition on the Authority incurring expenditure in providing housing or other services) omit paragraph (a) (provision of housing).
Omit subsection (4) (interpretation of reference to provision of housing).
Before subsection (5) insert—
Part 7A of the Greater London Authority Act 1999 is amended as follows.
In the heading to that Part, after “Housing” insert “ and regeneration ”.
Before section 333A insert—
After section 333D insert—
Before section 333A of the Greater London Authority Act 1999 (the London housing strategy) insert— “ The London housing strategy ”.
That section is amended as follows.
In subsection (2)(d) for “recommendations” substitute “ proposals ”.
In subsection (3)—
in the opening words for “recommendations” substitute “ proposals ”,
in paragraph (a) for “Homes and Communities Agency” substitute “ Authority ”, and
for paragraph (b) substitute—.
For subsection (4) substitute—
In subsection (10) in the definition of “housing financial assistance” for the words from “under” to “2008” substitute “ by the Authority ”.
Section 333D (duties of Homes and Communities Agency) is amended as follows.
In the heading for “Homes and Communities Agency” substitute “ the Authority ”.
In subsection (1) for the words from “Greater London” to “Agency” substitute “ housing or regeneration, the Authority ”.
The Housing and Regeneration Act 2008 is amended as follows.
In section 2(2) (objects of the Homes and Communities Agency) before the definition of “good design” insert—.
Section 13 (power of Secretary of State to make designation orders) is amended as follows.
In subsection (1) after “England” insert “ outside Greater London ”.
In subsection (6)—
after “England,” insert “ or ”, and
omit the words from “, a London” to the end of the subsection.
In section 14(7) (content of designation orders) in paragraph (a) of the definition of “relevant functions” omit the words from “, a London” to “of London,”.
In section 26(2) (duty to act as agent in respect of regeneration and development) after “England” insert “ outside Greater London ”.
In section 35(1)(b) (duty to give financial assistance in respect of certain disposals) after “England” insert “ outside Greater London ”.
The Secretary of State may at any time make a scheme (a “transfer scheme”) transferring the property, rights and liabilities of the Homes and Communities Agency (“the HCA”) or the Secretary of State that are specified in the scheme to—
the Greater London Authority,
a functional body,
a company that is a subsidiary of the Greater London Authority,
the Secretary of State,
a London borough council, or
the Common Council of the City of London.
The Secretary of State may by order specify another person, or a description of other persons, to whom property, rights or liabilities of the HCA or the Secretary of State may be transferred by a transfer scheme.
In this section—“company” means—a company within the meaning given by section 1(1) of the Companies Act 2006, or a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969;“functional body” has the meaning given by section 424(1) of the Greater London Authority Act 1999;“rights” and “liabilities” include rights, or (as the case may be) liabilities, in relation to a contract of employment;“subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
The London Development Agency ceases to exist on the day on which this subsection comes into force.
The Secretary of State may at any time make a scheme (a “transfer scheme”) transferring the property, rights and liabilities of the London Development Agency that are specified in the scheme to—
the Greater London Authority,
a functional body,
a company that is a subsidiary of the Greater London Authority,
the Secretary of State,
a London borough council, or
the Common Council of the City of London.
Before making a transfer scheme, the Secretary of State must consult the Mayor of London.
The Secretary of State may by order specify another person, or a description of other persons, to whom property, rights or liabilities of the London Development Agency may be transferred by a transfer scheme.
In this section—“company” means—a company within the meaning given by section 1(1) of the Companies Act 2006, or a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969;“functional body” has the meaning given by section 424(1) of the Greater London Authority Act 1999;“rights” and “liabilities” include rights, or (as the case may be) liabilities, in relation to a contract of employment;“subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
The Greater London Authority Act 1999 is amended as follows.
After section 333E (which is inserted by section 187) insert—
In section 41(1) (strategies to which section applies) for paragraph (b) (the London Development Agency strategy) substitute—.
In this section—“transfer scheme” means a scheme under section 190(1) or 191(2);“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.
The things that may be transferred under a transfer scheme include—
property, rights or liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme.
A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—
make provision for certificates issued by the Secretary of State to be conclusive evidence that property has been transferred;
create rights, or impose liabilities, in relation to property or rights transferred;
make provision about the continuing effect of things done (or having effect as if done) by or in relation to the transferor in respect of anything transferred;
make provision 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 relation to anything transferred;
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
make provision for the shared ownership or use of property;
provide for section 36(3)(c) of the London Olympic Games and Paralympic Games Act 2006 to continue (until repealed) to apply to land transferred to which it applied immediately before the transfer.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to a transfer under a transfer scheme where the transfer relates to rights or liabilities under a contract of employment (whether or not it is a relevant transfer for the purposes of those regulations).
A transfer scheme may provide—
for modifications by agreement;
for modifications to have effect from the date when the original scheme came into effect.
In this section “rights” and “liabilities” include rights, or (as the case may be) liabilities, in relation to a contract of employment.
The Secretary of State may by order make such consequential provision or such transitory or transitional provision or savings as the Secretary of State considers appropriate for the purposes of or in consequence of this Chapter.
The provision that may be made under subsection (1) includes, in particular—
provision for things done (or having effect as if done) by or in relation to a predecessor to have effect as if done by or in relation to a successor;
provision about the continuation by, on behalf of or in relation to a successor of things (including legal proceedings) in the process of being done by, on behalf of or in relation to a predecessor;
provision for references to a predecessor in an instrument or other document to be treated as references to a successor.
Schedule 19 (housing and regeneration: consequential amendments) has effect.
Schedule 20 (amendments in consequence of the abolition of the London Development Agency) has effect.
Introductory
In this Chapter—“CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;“combined authority” means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;“constituent council” means—in relation to a combined authority—a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a CCA—a county council for an area within the area of the authority, or a unitary district council for an area within the area of the authority; and here “unitary district council” means the council for a district for which there is no county council;“the Mayor” means—the Mayor of London, the mayor for the area of a combined authority, or the mayor for the area of a CCA;“MDC” means a Mayoral development corporation (see section 198);“strategic authority area” means—in relation to the Mayor of London or a mayoral development area designated by that Mayor, Greater London; in relation to the mayor for the area of a combined authority or a mayoral development area designated by the mayor for such an area, the area of the combined authority, or in relation to the mayor for the area of a CCA or a mayoral development area designated by the mayor for such an area, the area of the CCA.
Establishment and areas
The Mayor may designate an area of land in a strategic authority area as a Mayoral development area.
Separate parcels of land may be designated as one Mayoral development area.
An area of land designated under subsection (1)—
may include any area (the “overlap area”) that is, or forms part of, an area of land that has already been designated (the “previously designated area”) under—
section 1ZB(2) of the New Towns Act 1981 (designation of locally-led new town in England), or
section 134(1B) of the Local Government, Planning and Land Act 1980 (designation of locally-led urban development area);
may not include any area that is, or forms part of, an area that is designated under—(See also section 1(3ZB) and (3ZC) of the New Towns Act 1981 and section 134(1E) and (1F) of the Local Government, Planning and Land Act 1980.)
section 1 of the New Towns Act 1981 (designation of new town area by Secretary of State), or
section 134(1) of the Local Government, Planning and Land Act 1980 (designation of urban development area by Secretary of State).
Where the Mayor designates an area as mentioned in subsection (2A)(a), the Secretary of State must make regulations providing that the overlap area no longer forms part of the previously designated area.
The regulations may also—
amend any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;
provide for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the Mayoral development area;
where the overlap area completely covers the previously designated area, provide for the dissolution of the development corporation for the previously designated area.
The Secretary of State may, in connection with regulations under this section, make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the Mayoral development area (see also section 218 (transfer schemes: general provisions)).
The Mayor of London may designate a Mayoral development area only if—
the Mayor considers that designation of the area is expedient for furthering any one or more of the Greater London Authority's principal purposes,
the Mayor has consulted the persons specified by subsection (4),
the Mayor has had regard to any comments made in response by the consultees,
in the event that those comments include comments made by the London Assembly or a consultee under subsection (4)(d), (e), (f) or (g) that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance,
the Mayor has laid before the London Assembly, in accordance with standing orders of the Greater London Authority, a document stating that the Mayor is proposing to designate the area, and
the consideration period for the document has expired without the London Assembly having rejected the proposal.
The persons who have to be consulted before an area may be designated are—
the London Assembly,
each constituency member of the London Assembly whose Assembly constituency contains any part of the area,
each Member of Parliament whose parliamentary constituency contains any part of the area,
each London borough council whose borough contains any part of the area,
the Common Council of the City of London if any part of the area is within the City,
the sub-treasurer of the Inner Temple if any part of the area is within the Inner Temple,
the under treasurer of the Middle Temple if any part of the area is within the Middle Temple, and
any other person whom the Mayor considers it appropriate to consult.
For the purposes of subsection (3)(f)—
the “consideration period” for a document is the 21 days beginning with the day the document is laid before the London Assembly in accordance with standing orders of the Greater London Authority, and
the London Assembly rejects a proposal if it resolves to do so on a motion—
considered at a meeting of the Assembly throughout which members of the public are entitled to be present, and
agreed to by at least two thirds of the Assembly members voting.
The mayor for the area of a combined authority or CCA may designate a Mayoral development area only if—
the Mayor considers that designation of the area is expedient for furthering economic development and regeneration in the strategic authority area,
the Mayor has consulted the persons specified by subsection (5B) and, if applicable, subsection (5C),
the Mayor has had regard to any comments made in response by the consultees,
in the event that those comments include comments made by a constituent council or a district council consulted under subsection (5C) that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance,
the Mayor has laid before the combined authority or CCA, in accordance with its standing orders, a document stating that the Mayor is proposing to designate the area, and
the combined authority or CCA approves the proposal.
The persons who have to be consulted before an area may be designated are—
the constituent councils,
each Member of Parliament whose parliamentary constituency contains any part of the area, and
any other person whom the Mayor considers it appropriate to consult.
In the case of a combined county authority, any district council whose local authority area contains any part of the area also has to be consulted before the area may be designated.
For the purposes of subsection (5A)(f) the combined authority or CCA approves a proposal if it resolves to do so on a motion considered at a meeting of the combined authority or CCA throughout which members of the public are entitled to be present.
If the Mayor designates a Mayoral development area, the Mayor must—
publicise the designation,
notify the Secretary of State of the designation, and
notify the Secretary of State of the name to be given to the Mayoral development corporation for the area.
Section 30(2) of the Greater London Authority Act 1999 (interpretation of references to the Authority's principal purposes) applies for the purposes of subsection (3)(a).
Subsection (2) applies if the Secretary of State receives notification under section 197(6) of the designation of a Mayoral development area.
The Secretary of State must by order—
establish a corporation for the area,
give the corporation the name notified to the Secretary of State by the Mayor, and
A corporation established under subsection (2) is a Mayoral development corporation.
A Mayoral development corporation is a body corporate having the name given to it by the order establishing it.
In exercising power under subsection (2) to make provision of the kind mentioned in section 235(2)(b), the Secretary of State is to have regard to any relevant representations received from the Mayor.
Schedule 21 (further provision about MDCs) has effect.
The Mayor may alter the boundaries of a Mayoral development area so as to exclude any area of land.
Before making an alteration, the Mayor of London must consult—
the London Assembly, and
any other person whom the Mayor considers it appropriate to consult.
Before making an alteration, the mayor for the area of a combined authority or CCA must consult—
the constituent councils, and
any other person whom the Mayor considers it appropriate to consult.
If the Mayor makes an alteration, the Mayor must—
publicise the alteration,
notify the Secretary of State of the alteration, and
notify the MDC for the area (if an MDC has been established for that area).
If the Secretary of State receives notification under subsection (3) of an alteration, the Secretary of State must give effect to the alteration—
when making the order under section 198(2) that establishes an MDC for the Mayoral development area concerned, or
by exercising the power to amend that order (see section 14 of the Interpretation Act 1978).
The Secretary of State may at any time make a scheme transferring to an MDC property, rights and liabilities of an eligible transferor.
In the case of an MDC for an area in Greater London, “eligible transferor” means—
a London borough council,
the Common Council of the City of London in its capacity as a local authority,
any company whose members—
include the Mayor of London and a Minister of the Crown, and
do not include anyone who is neither the Mayor or London nor a Minister of the Crown, or
a person within subsection (3).
In the case of an MDC for an area in the area of a combined authority, “eligible transferor” means a person within subsection (3).
In the case of an MDC for an area in the area of a CCA, “eligible transferor” means—
any district council whose local authority area is within the area of the CCA, or
a person within subsection (3).
Before making a scheme under subsection (1), the Secretary of State must consult—
the person whose property, rights or liabilities would be transferred, and
the Mayor.
A person is within this subsection if the person is—
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the Homes and Communities Agency,
a development corporation established under the New Towns Act 1981 for a new town all or part of whose area is in the strategic authority area,
an urban development corporation for an urban development area all or part of which is in the strategic authority area,
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a Minister of the Crown or a government department,
any company all the shares in which are held by a Minister of the Crown, or
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The Mayor may at any time make a scheme transferring to an MDC property, rights and liabilities of an eligible transferee.
In the case of an MDC for an area in Greater London, “eligible transferee” means—
the Greater London Authority,
a functional body other than that MDC, or
a company that is a subsidiary of the Greater London Authority.
In the case of an MDC for an area in the area of a combined authority or CCA, “eligible transferee” means—
the combined authority or CCA, or
a company that is a subsidiary of the combined authority or CCA.
The Mayor must publish a scheme under subsection (4) as soon after it is made as is reasonably practicable.
The Secretary of State may by order specify another person, or a description of other persons, from whom property, rights or liabilities may be transferred under subsection (1) or (4).
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In subsection (4)(c) or (4A)(b)—“company” means—a company within the meaning given by section 1(1) of the Companies Act 2006, or a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969, and“subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
In this section—“functional body” has the meaning given by section 424(1) of the Greater London Authority Act 1999;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;“public authority” means a public body or a Minister of the Crown or other holder of a public office;“urban development corporation” means a corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.
Object and main power
The object of an MDC is to secure the regeneration or development of its area.
In pursuing that object, an MDC must aim to contribute to—
the achievement of sustainable development, and
the mitigation of, and adaptation to, climate change.
For the purposes of subsection (1A), an MDC must (in particular) have regard to the desirability of good design.
An MDC may do anything it considers appropriate for the purposes of its object or for purposes incidental to those purposes.
In this section “specific power”, in relation to an MDC, means any of the MDC's powers other than its powers under subsection (2).
An MDC's specific powers are to be exercised for the purposes of its object or for purposes incidental to those purposes.
Each of an MDC's specific powers may be exercised separately or together with, or as part of, another of its specific powers.
None of an MDC's specific powers limits the scope of its other specific powers.
None of an MDC's specific powers limits the scope of its powers under subsection (2).
But—
subsections (4) and (5) do not apply to an MDC in its capacity as a local planning authority as a result of decisions under section 202 or in its exercise of other functions as a result of decisions under that section,
subsection (4) does not apply to the exercise of a function by an MDC in consequence of an authorisation under section 38 of the Greater London Authority Act 1999 (delegation by Mayor), and
the powers conferred by subsection (2) must not be used to override a restriction imposed on the exercise of a specific power.
Planning and infrastructure functions
Subsections (2) to (4) apply if the Mayor designates a Mayoral development area.
The Mayor may decide that the MDC for the area (“the MDC”) is to be the local planning authority, for the whole or any portion of the area, for the purposes of any one or more of the following—
Part 3 of the Town and Country Planning Act 1990,
Part 2 of the Planning and Compulsory Purchase Act 2004, and
Part 3 of that Act.
The Mayor may decide that the MDC is to have, in the whole or any portion of the area, the functions conferred on the local planning authority by the provisions mentioned in Part 1 of Schedule 29 to the Local Government, Planning and Land Act 1980.
The Mayor may decide that the MDC is to be the minerals and waste planning authority, for the whole or any portion of the area, for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004.
If the Mayor makes a decision under subsection (3), the Mayor may decide that the provisions specified in Part 2 of Schedule 29 to the Local Government, Planning and Land Act 1980 are to have effect, in relation to land in the whole or any portion of the area and to the MDC, subject to the modifications specified in that Part of that Schedule , with the further modification that any reference in that Part of that Schedule to an urban development corporation is to be read as a reference to an MDC.
The Mayor may, at any time before the order establishing the MDC is made, decide that a decision under any of subsections (2) to (5) (whether as originally made or as varied under this subsection) should be subject to variations specified in the decision under this subsection.
the Mayor has consulted the persons specified by section 197(4) in relation to the area,
the Mayor has had regard to any comments made in response by the consultees, and
in the event that those comments include comments made by the London Assembly or an affected local authority that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance.
The mayor for the area of a combined authority or CCA may make a decision under any of subsections (2) to (6) only if—
the Mayor has consulted the persons specified by section 197(5B) and, if applicable, section 197(5C), in relation to the area,
the Mayor has had regard to any comments made in response by the consultees, and
in the event that those comments include comments made by the constituent council or a district council specified by section 197(5C) that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance.
If the Mayor makes a decision under any of subsections (2) to (6), the Mayor must—
publicise the decision, and
notify the Secretary of State of the decision.
A decision under subsection (2), or a decision under subsection (6) varying a decision under subsection (2), may make different provision for different portions of the area.
For the purposes of subsection (6) “variation”, in relation to a decision, includes a variation that involves—
revocation of all or part of the decision, or
substitution of something new for all or part of the decision, including substitution of something wholly unlike what it replaces.
Where an MDC, as a result of being the local planning authority for purposes of Part 3 of the Town and Country Planning Act 1990 in relation to any area, has functions in place of a London borough council or the Common Council of the City of London , or a county council or district council, the MDC may make arrangements for the discharge of any of those functions by that council.
Where arrangements are in force under subsection (1) for the discharge of any functions of an MDC by a council—
that council may arrange for the discharge of those functions by a committee, sub-committee or officer of the council, and
section 101(2) of the Local Government Act 1972 (delegation by committees and sub-committees) applies in relation to those functions as it applies in relation to the functions of that council.
Arrangements under subsection (1) for the discharge of any functions do not prevent the MDC from exercising those functions.
Subsection (5) applies where an MDC, as a result of being the local planning authority for purposes of Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 , or the minerals and waste planning authority for the purposes of Part 2 of that Act, in relation to any area, has functions in place of a London borough council or the Common Council of the City of London , or a county council or district council.
The MDC may seek from that council, and that council may give, assistance in connection with the MDC's discharge of any of those functions.
This section applies if an order establishing an MDC (“the MDC”) has been made.
that the MDC is to cease to have the function, whether in all respects or in respects specified in the decision, or
that the exercise of the function by the MDC is to be subject to restrictions specified in the decision.
If the Mayor makes a decision under subsection (2) (“the new decision”), the Mayor may decide that any provision made under section 198(2) in consequence of a decision under section 202(5) should, in consequence of the new decision, be amended or revoked as specified in the decision under this subsection.
If the Mayor makes a decision under subsection (2) or (3), the Mayor must—
publicise the decision, and
notify the Secretary of State of the decision.
The Secretary of State must give effect to a decision notified under subsection (5) by exercising the power to amend the order under 198(2) that establishes the MDC (see section 14 of the Interpretation Act 1978).
An MDC may provide infrastructure.
An MDC may facilitate the provision of infrastructure.
In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).
In this section “infrastructure” means—
water, electricity, gas, telecommunications, sewerage or other services including heat networks within the meaning of section 216 of the Energy Act 2023,
roads or other transport facilities,
retail or other business facilities,
health, educational, employment or training facilities,
social, religious or recreational facilities,
cremation or burial facilities, and
community facilities not falling within paragraphs (a) to (f).
Land functions
An MDC may regenerate or develop land.
An MDC may bring about the more effective use of land.
An MDC may provide buildings or other land.
An MDC may carry out any of the following activities in relation to land—
acquiring, holding, improving, managing, reclaiming, repairing or disposing of buildings, other land, plant, machinery, equipment or other property,
carrying out building and other operations (including converting or demolishing buildings), and
creating an attractive environment.
An MDC may facilitate—
the regeneration or development of land,
the more effective use of land,
the provision of buildings or other land, or
the carrying out of activities mentioned in subsection (4).
In this section—
a reference to a “building” is a reference to—
a building or other structure (including a house-boat or caravan), or
any part of something within sub-paragraph (i);
“develop” includes redevelop (and “development” includes redevelopment);
“improve”, in relation to buildings, includes refurbish, equip and fit out;
“provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).
An MDC may by agreement acquire land in its area or elsewhere.
An MDC may acquire land in its area, or elsewhere in the strategic authority area, compulsorily if the Secretary of State authorises it to do so.
Before submitting a compulsory purchase order authorising an acquisition under subsection (2) to the Secretary of State for confirmation—
an MDC for an area in Greater London must obtain the consent of the Mayor of London;
an MDC for an area in the area of a combined authority or CCA must obtain the consent of the mayor for that area.
The power under subsection (2) includes power to acquire new rights over land.
Subsection (6) applies where—
land forming part of a common, open space or allotment is being acquired under subsection (2), or
new rights are being acquired under subsection (2) over land forming part of a common, open space or allotment.
The power under subsection (2) includes power to acquire land compulsorily for giving in exchange for that land or those new rights.
In that Part of that Schedule as applied by subsection (7)—
references to section 9 of that Act are to be read as references to subsection (2),
references to the Homes and Communities Agency are to be read as references to the MDC concerned, and
references to Part 1 of that Act are to be read as references to this Chapter.
The provisions of Part 1 of the Compulsory Purchase Act 1965 (other than section 31) apply, so far as applicable, to the acquisition by an MDC of land by agreement.
In subsection (5)—“allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;“common” has the meaning given by section 19(4) of the Acquisition of Land Act 1981;“open space” means any land which is—laid out as a public garden, used for the purposes of public recreation, or a disused burial ground.
Schedule 3 to the Housing and Regeneration Act 2008 (powers, in relation to land of the Homes and Communities Agency, to extinguish public rights of way, and in relation to burial grounds and consecrated land) applies in relation to an MDC and its land as it applies in relation to the Homes and Communities Agency and its land.
In that Schedule as applied by subsection (1), references to the Homes and Communities Agency are to be read as references to the MDC concerned.
The power of the Secretary of State under Part 2 of that Schedule (extinguishment of public rights of way) as applied by subsection (1) is exercisable only with the consent of the Mayor.
Schedule 4 to that Act (powers in relation to, and for, statutory undertakers) applies in relation to an MDC and its land as it applies in relation to the Homes and Communities Agency and its land.
In that Schedule as applied by subsection (4)—
references to the Homes and Communities Agency are to be read as references to the MDC concerned, and
references to Part 1 of that Act are to be read as references to this Chapter.
An MDC may not dispose of land for less than the best consideration which can reasonably be obtained unless the Mayor consents.
Subsection (1) does not apply to a disposal by way of a short tenancy if the disposal consists of—
the grant of a term of not more than 7 years, or
the assignment of a term which, at the date of assignment, has not more than 7 years to run.
An MDC may not dispose of land which has been compulsorily acquired by it under this Chapter unless the Mayor consents.
Subject to subsections (1) to (3), an MDC may dispose of land held by it in any way it considers appropriate.
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Other functions
Where any street works have been executed on any land in a Mayoral development area which was then or has since become a private street (or part of a private street), the MDC for the area may serve a notice (an “adoption notice”) on the street works authority requiring the authority to declare the private street (or part) to be a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.
Subsections (2) to (5) of section 157 of the Local Government, Planning and Land Act 1980 (appeal against corresponding notice served by an urban development corporation, and deemed adoption where no appeal or compliance) apply in relation to an adoption notice under subsection (1) of this section as they apply in relation to an adoption notice under subsection (1) of that section.
Section 157(6) of that Act (interpretation) applies for the purposes of this section.
An MDC may carry on any business.
This section does not authorise an MDC to carry on a business for—
the supply of water, electricity or gas, or
the provision of sewerage services or heat networks.
An MDC may with the consent of the Mayor—bodies corporate.
form, or
acquire interests in,
An MDC must ensure that no subsidiary of the MDC engages in an activity which the MDC would not be required or permitted to carry on.
An MDC must ensure that no subsidiary of the MDC—without the consent of the Mayor.
borrows from a person other than the MDC, or
raises money by the issue of shares or stock to a person other than the MDC,
In subsection (1) “business” includes undertaking.
In this section “subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
In this section “heat networks” has the meaning given by section 216 of the Energy Act 2023.
An MDC may, with the consent of the Mayor, give financial assistance to any person.
Financial assistance under this section may be given in any form.
Financial assistance under this section may, in particular, be given by way of—
grants,
loans,
guarantee or indemnity,
investment, or
incurring expenditure for the benefit of the person assisted.
Financial assistance under this section may be given on such terms and conditions as the MDC giving it considers appropriate (including provision for repayment, with or without interest).
Subsection (2) applies if the Mayor designates a Mayoral development area.
The Mayor may decide that the MDC for the area is to have—
in relation to qualifying hereditaments in the area, the function of making decisions (under section 47(3) and (6) of the 1988 Act) to the effect that section 47 of the 1988 Act applies as regards a hereditament, and
in relation to a hereditament as regards which that section applies as a result of a decision made by the MDC, the function of making the determinations mentioned in section 47(1)(a) of the Local Government Finance Act 1988 (determination of amount of discretionary relief).
The Mayor may at any time decide that a decision under subsection (2) should be revoked.
the Mayor has consulted the persons specified by section 197(4) in relation to the area,
the Mayor has had regard to any comments made in response by the consultees, and
in the event that those comments include comments made by the London Assembly or an affected local authority that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance.
The mayor for the area of a combined authority or CCA may make a decision under any of subsection (2) or (3) only if—
the Mayor has consulted the persons specified by section 197(5B) and, if applicable, section 197(5C), in relation to the area,
the Mayor has had regard to any comments made in response by the consultees, and
in the event that those comments include comments made by the constituent council or a district council specified by section 197(5C) that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance.
If the Mayor makes a decision under subsection (2) or (3), the Mayor must—
publicise the decision, and
notify the Secretary of State of the decision.
If the Secretary of State receives notification under subsection (5) of a decision, the Secretary of State must give effect to the decision—
when making the order under section 198(2) that establishes an MDC for the area, or
by exercising the power to amend that order (see section 14 of the Interpretation Act 1978).
Exercise by an MDC of functions mentioned in subsection (2) requires the Mayor's consent.
If an MDC has the functions mentioned in subsection (2) it has them in place of the authority that would otherwise have them.
For the purposes of subsection (2), a hereditament is a “qualifying hereditament” on a day if neither—applies on that day.
section 43(6) of the 1988 Act (charities and community amateur sports clubs), nor
section 47(5B) of the 1988 Act (certain organisations not established or conducted for profit),
Dissolution
It is the duty of the Mayor to review, from time to time, the continuing in existence of any existing MDCs.
The Mayor may at any time make a scheme (a “transfer scheme”) transferring to a permitted recipient, upon such terms as the Mayor considers appropriate, any property, rights or liabilities which are for the time being vested in an MDC.
A transfer scheme may provide for a transfer to a person only if the person consents; but this does not apply to a transfer to any of the following—
the Greater London Authority;
a functional body other than the MDC concerned;
a company that is a subsidiary of the Greater London Authority;
a combined authority;
a company that is a subsidiary of a combined authority;
a CCA;
a company that is a subsidiary of a CCA.
The Mayor must publish a transfer scheme as soon after it is made as is reasonably practicable.
In this section—“company” means—a company within the meaning given by section 1(1) of the Companies Act 2006, or a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969;“functional body” has the meaning given by section 424(1) of the Greater London Authority Act 1999;“permitted recipient” , in relation to an MDC for an area in Greater London, means—the Greater London Authority, a functional body other than the MDC concerned, a company that is a subsidiary of the Greater London Authority, a London borough council, the Common Council of the City of London, or any other person; in relation to an MDC for an area in the area of a combined authority, means—the combined authority, a company that is a subsidiary of the combined authority, or any other person; in relation to an MDC for an area in the area of a CCA, means—the CCA, a company that is a subsidiary of the CCA, any district council whose local authority area is within the area of the CCA or any other person;“subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
Subsection (2) applies if no property, no rights and no liabilities are vested in an MDC (“the MDC”).
The Mayor may request the Secretary of State to revoke the order under section 198(2) which established the MDC.
If the Secretary of State receives a request under subsection (2), the Secretary of State must make an order giving effect to the request.
Where the Secretary of State makes an order under subsection (3)—
the MDC is dissolved on the coming into force of the order, and
the Mayor must revoke the designation of the Mayoral development area for which the MDC was established.
Where the Mayor makes a revocation under subsection (4)(b), the Mayor must—
publicise the revocation, and
notify the Secretary of State of the revocation.
MDCs outside London
Section 5 of the LGHA 1989 (designation and reports of monitoring officer) applies in relation to a combined authority or CCA as if an MDC for an area in the area of the combined authority or CCA were a committee of the combined authority or CCA.
In this section—“LGHA 1989” means the Local Government and Housing Act 1989;“MDC outside London” means an MDC for an area in the area of a combined authority or CCA.
General
In this section—“transfer scheme” means a scheme under section 197(2D), 200(1) or (4) or 216(1);“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.
The things that may be transferred under a transfer scheme include—
property, rights or liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme.
A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—
make provision for certificates issued by the Secretary of State to be conclusive evidence that property has been transferred;
create rights, or impose liabilities, in relation to property or rights transferred;
make provision about the continuing effect of things done (or having effect as if done) by or in relation to the transferor in respect of anything transferred;
make provision 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;
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
make provision for the shared ownership or use of property.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to a transfer under a transfer scheme where the transfer relates to rights or liabilities under a contract of employment (whether or not it is a relevant transfer for the purposes of those regulations).
A transfer scheme may provide—
for modification by agreement;
for modifications to have effect from the date when the original scheme came into effect.
In this section “rights” and “liabilities” include rights, or (as the case may be) liabilities, in relation to a contract of employment.
The Mayor may give guidance to an MDC as to the exercise of any of the MDC's functions.
Before giving guidance under this section, the Mayor must consult such persons as the Mayor considers appropriate.
The Mayor must publish any guidance given under this section as soon as reasonably practicable after giving it.
The Mayor may revoke guidance given under this section.
The Mayor must—
consult, before revoking guidance given under this section, such persons as the Mayor considers appropriate, and
publish the fact that guidance given under this section has been revoked as soon as reasonably practicable after the revocation of the guidance.
An MDC must, in exercising its functions, have regard to any guidance given to it under this section that is for the time being in force.
References in this section to giving guidance include references to giving guidance by varying existing guidance.
The Mayor may give an MDC general or specific directions as to the exercise of any of the MDC's functions.
The Mayor must publish any directions given under this Chapter by the Mayor as soon as reasonably practicable after giving them.
The Mayor—
may revoke any directions given under this Chapter by the Mayor, and
must publish the fact that directions given under this Chapter have been revoked as soon as reasonably practicable after the revocation.
An MDC must comply with any directions given by the Mayor under this Chapter that are in force in relation to the MDC.
Subsections (2) and (3)(b) do not apply to directions given under paragraph 8(1) of Schedule 21.
References in this Chapter to the Mayor giving directions include references to the Mayor giving directions by varying existing directions.
A relevant consent may be given—
unconditionally or subject to conditions, and
generally or specifically.
The Mayor may vary or revoke a relevant consent except in the case of anything already done, or agreed to be done, on the authority of it.
A variation or revocation under subsection (2) does not have effect until the Mayor has served notice of it on the person to whom the relevant consent was given.
In this section “relevant consent” means a consent of the Mayor required under this Chapter.
Schedule 22 (Mayoral development corporations: consequential and other amendments) has effect.
The Greater London Authority Act 1999 is amended as follows.
After section 39 insert—
In section 409 (schemes for the transfer of property, rights and liabilities)—
after subsection (1) (Ministers may make schemes transferring property etc of the Crown) insert—, and
in subsections (6) and (7) (provision that may be included in scheme under subsection (1) or (2)) after “subsection (1)” insert “ , (1A) ”.
The Greater London Authority Act 1999 is amended as follows.
After section 34 insert—
In section 420(8) (orders subject to annulment) after the entry for section 25 insert— “ section 34A; ”.
Before section 352 of the Greater London Authority Act 1999 insert—
Schedule 23 (which contains minor and consequential amendments to the Greater London Authority Act 1999 relating to the London Environment Strategy) has effect.
Section 351 of the Greater London Authority Act 1999 (which provides for four-yearly reports by the Mayor on the environment in Greater London) ceases to have effect.
Section 41 of the Greater London Authority Act 1999 (general duties of the Mayor in relation to his strategies) is amended as follows.
In subsection (5)(a), for “and with such international obligations” substitute “ , with the EU obligations of the United Kingdom and with such other international obligations of the United Kingdom ”.
After subsection (9) insert—
Subsection (10) ceases to have effect.
In section 335 of that Act (public participation in preparation of the spatial development strategy)—
subsections (1) to (1B) cease to have effect,
in subsection (2), for the words from the beginning to “finally” substitute “ Before ”, and
in subsection (3), after paragraph (a) insert—.
Before section 43 of the Greater London Authority Act 1999 (publicity and availability of strategies) insert—
Section 401A of the Greater London Authority Act 1999 (sharing of administrative etc services by the Greater London Authority and functional bodies) is amended as follows.
In subsection (1) (definition of “constituent body”)—
for “constituent body” substitute “ relevant London authority ”, and
at the end of paragraph (b) insert
After that subsection insert—
In subsection (2) (power of constituent bodies to enter into arrangements for provision of administrative etc services) for “constituent bodies” substitute “ relevant London authorities ”.
In subsection (3) (arrangements may include discharge of functions by one constituent body on behalf of another)—
for “constituent bodies” substitute “ relevant London authorities ”, and
for “constituent body” substitute “ relevant London authority ”.
In subsection (4) (power of constituent bodies to form joint committees) for “constituent bodies” substitute “ relevant London authorities ”.
In subsection (5) (joint committee to be treated as separate from constituent bodies for purposes of section)—
for “constituent body” substitute “ relevant London authority ”, and
for “constituent bodies” substitute “ relevant London authorities ”.
After subsection (6) insert—
In section 420(8) of that Act (orders subject to annulment) after the entry for section 395 insert “ section 401A(1)(f); ”.
Part 5A of the Local Government Act 1972 (access to meetings and documents) is amended as follows.
Amend section 100J (application of Part 5A to bodies other than principal councils) in accordance with subsections (3) to (6).
In subsection (1) (list of authorities treated as principal councils for the purposes of the Part) after paragraph (bd) insert—.
In subsection (3) (reference in section 100A(6)(a) to council's offices includes other premises at which meeting to be held) after “(bd),” insert “ (be), ”.
After subsection (3) insert—.
After subsection (4A) insert—
In section 100K(1) (interpretation of Part 5A) in the definition of “committee or sub-committee of a principal council” for “section 100J(3ZA)(b)” substitute “ section 100J(3YA), (3ZA)(b) ”.
Compensation for compulsory acquisition
The Land Compensation Act 1961 is amended as follows.
In section 20 (power to prescribe matters relevant to Part 3) omit—
in the opening words—
the words “and appeals under section eighteen of this Act”, and
the word “respectively”,
paragraph (b) (manner of and time for giving notice of appeal), and
paragraph (d) (which refers to provisions of section 17 not re-enacted in the section 17 substituted by this Act).
In section 22 (interpretation of Part 3)—
in subsection (1) (meaning of “the parties directly concerned”) for “authority by whom it is proposed to be acquired” substitute “ acquiring authority ”, and
for “authority proposing to acquire it” substitute “ acquiring authority ”,
for “in respect thereof,” substitute “ in respect of the interest ”, and
for “sale thereof” substitute “ sale of the interest ”.
The amendments made in the Land Compensation Act 1961 by this section apply to the Crown to the extent set out in section 33 of that Act (Act applies in relation to acquisition by government department, including any Minister of the Crown, that is an authority possessing compulsory purchase powers as it applies to other authorities possessing those powers).
General
Schedule 24 (provision about tax in connection with certain transfers and transfer schemes) has effect.
Subsections (2) and (3) apply for the purpose of determining whether there has been compliance with—
a requirement for consultation imposed by this Act,
a requirement for consultation which applies in relation to things done under an Act amended by this Act, or
a requirement (whether or not imposed by this Act) to do something in connection with a consultation under a requirement within paragraph (a) or (b).
The fact that a provision of this Act was not in force when consultation took place or anything was done in connection with a consultation is to be disregarded in determining whether there has been compliance with the requirement.
The fact that consultation was carried out by a body from whom functions are transferred by this Act, or anything was done by such a body in connection with a consultation, is to be disregarded in determining whether there has been compliance with the requirement by a body to whom those functions are transferred.
Subsection (3) is without prejudice to any other provision of this Act that applies to the transfer.
References in this section to a requirement imposed by this Act include a requirement imposed by another Act as a result of its amendment by this Act.
Any power of a Minister of the Crown or the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.
Any power of a Minister of the Crown or the Welsh Ministers to make an order or regulations under this Act (other than a power under section 240) includes—
power to make different provision for different cases, circumstances or areas, and
power to make incidental, supplementary, consequential, transitional or transitory provision or savings.
The power under subsection (2)(a) includes, in particular, power to make different provision for different authorities or descriptions of authority (including descriptions framed by reference to authorities in particular areas).
Provision or savings made under subsection (2)(b) may take the form of amendments, or revocations, of provisions of an instrument made under legislation.
The generality of the power under subsection (2)(a) is not to be taken to be prejudiced by any specific provision of this Act authorising differential provision.
A Minister of the Crown may not make an order or regulations to which subsection (7) applies unless a draft of the statutory instrument containing the order or regulations (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
This subsection applies to—
an order under section 5(2) that—
amends any Act or provision of an Act, and
an order under section 5(4), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose;
an order under section 8(2);
an order under section 52;
regulations under section 101;
regulations under section 117;
regulations under section 197;
A statutory instrument that—is subject to annulment in pursuance of a resolution of either House of Parliament.
contains an order or regulations made by a Minister of the Crown under this Act,
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, and
is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons,
Subsection (8) does not apply to—
an order or regulations under Schedule 24, or
an order under section 240.
A statutory instrument that contains an order or regulations made by the Treasury under Schedule 24 is subject to annulment in pursuance of a resolution of the House of Commons.
The Welsh Ministers may not make—unless a draft of the statutory instrument containing the order or regulations (whether alone or with other provisions) has been laid before, and approved by a resolution of, the National Assembly for Wales.
an order or regulations under section 236 which amend or repeal a provision of legislation,
an order under section 62,
regulations under section 101, or
A statutory instrument that—is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
contains an order or regulations made by the Welsh Ministers under this Act, and
is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, the National Assembly for Wales,
Subsection (12) does not apply to an order under section 240.
If a draft of a statutory instrument containing an order under section 52 or regulations under section 197 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.
In this section—“legislation” means—an Act, or a Measure or Act of the National Assembly for Wales;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.
The appropriate authority may by order or regulations make such provision amending, repealing or revoking legislation as the appropriate authority considers appropriate in consequence of any provision made by or under this Act.
In subsection (1) “appropriate authority”—
the Secretary of State in relation to England, and
the Welsh Ministers in relation to Wales,
in relation to any other provision made by or under this Act means the Secretary of State.
In subsection (1) “legislation”, in relation to any provision made by or under this Act, means—
this Act or any Act passed before, or in the same Session as, this Act, or
any instrument made under this or any other Act before the coming into force of the provision.
In subsection (3) “Act” (except in the phrase “this Act”) includes an Act or Measure of the National Assembly for Wales.
Schedule 25 (repeals and revocations) has effect.
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown under this Act, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
This Act extends to England and Wales only, subject as follows.
The following provisions extend also to Scotland—
Part 2,
Any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates, subject to subsection (6).
Any amendment or repeal made by this Act in the Transport Act 1968, and the repeal of section 121(1) of the Local Government, Planning and Land Act 1980, extend to England and Wales only.
The following provisions come into force at the end of 2 months beginning with the day on which this Act is passed—
section 25,
Chapter 8 of Part 1 so far as relating to England,
section 44,
section 45,
section 47,
section 71,
section 80,
section 143,
section 177,
Subject to subsections (1) and (3) to (6), provisions of this Act come into force on such day as the Secretary of State may by order appoint.
The following provisions so far as relating to Wales come into force on such day as the Welsh Ministers may by order appoint—
Chapter 8 of Part 1,
section 46,
section 68,
section 69,
Chapter 3 of Part 5 except so far as it is brought into force by subsection (5)(f) and (g),
The following provisions come into force on such day as the Welsh Ministers may by order appoint—
section 9(1) so far as it inserts—
new sections 5A and 5B so far as relating to fire and rescue authorities in Wales,
new sections 5C and 5D so far as relating to power of the Welsh Ministers to make orders, and
new sections 5F to 5L,
section 9(2) so far as relating to fire and rescue authorities in Wales,
section 9(7)(b) so far as it inserts new section 62(1A)(a) and (d),
section 9(7)(b) so far as it inserts new section 62(1A)(b) so far as relating to power of the Welsh Ministers to make orders,
section 10(4),
Part 3,
the following so far as relating to fire and rescue authorities in Wales—
section 237 so far as relating to those entries, and
The following provisions come into force on the day on which this Act is passed—
section 23,
section 37,
Chapter 2 of Part 5 so far as it confers power on the Secretary of State to make regulations,
section 86,
Chapter 3 of Part 5 so far as it confers power on the Secretary of State, or the Welsh Ministers, to make regulations or orders,
section 110,
the provisions inserted by section 122 so far as they require or authorise the making of provision in a development order,
section 144,
Section 114 comes into force on the day after the day on which this Act is passed.
An order under subsection (2), (3) or (4) may—
appoint different days for different purposes;
make such transitory or transitional provision, or savings, as the person making the order considers appropriate.
The appropriate authority may by order make such transitory or transitional provision, or savings, as the appropriate authority considers appropriate in connection with the coming into force of any provision of this Act mentioned in subsection (1), (5) or (6).
In subsection (8) “appropriate authority”—
the Secretary of State in relation to England, and
the Welsh Ministers in relation to Wales,
in relation to any other provision mentioned in subsection (1), (5) or (6) means the Secretary of State.
This Act may be cited as the Localism Act 2011.
General power of competence: consequential amendments
Local Government Act 1972 (c. 70)
In section 137(9)(a) (“local authority” means a parish council which is not an eligible parish council for the purposes of Part 1 of the Local Government Act 2000) for “Part 1 of the Local Government Act 2000” substitute “ Chapter 1 of Part 1 of the Localism Act 2011 (general power of competence) ”.
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New arrangements with respect to governance of English local authorities
New Part 1A of the Local Government Act 2000
After Part 1 of the Local Government Act 2000 insert—
New Schedule A1 to the Local Government Act 2000
Before Schedule 1 to the Local Government Act 2000 (executive arrangements: further provision) insert—
Minor and consequential amendments relating to local authority governance in England
Local Government Act 1972 (c. 70)
The Local Government Act 1972 is amended as follows.
In section 2 (constitution of principal councils in England) in subsection (2A) omit “or a mayor and council manager executive”.
Section 101 (arrangements for discharge of functions by local authorities) is amended as follows.
In subsection (1C) after “section” insert “ 9EA or ”.
In subsection (5B) after “section” insert “ 9EB or ”.
In section 102 (appointment of committees) in subsection (1A)—
for “regulations made under section 18” substitute “ section 9E(2)(b)(iv), (3)(b), (4)(a) or (5)(a) ”, and
after “Act 2000” insert “ or under regulations made under section 18 of that Act ”.
In section 245 (status of certain districts, parishes and communities) in subsections (1A) and (4A)(a) omit “or a mayor and council manager executive”.
Section 270(1) (general provisions as to interpretation) is amended as follows.
In the definition of “elected mayor” after “has” insert.
In the definition of “executive”, “executive arrangements” and “executive leader” after “have” insert.
In the definition of “leader and cabinet executive (England)” for “Part 2” substitute “ Part 1A ”.
In the definition of “mayor and cabinet executive” for “have” substitute.
Crime and Disorder Act 1998 (c. 37)
In section 5 of the Crime and Disorder Act 1998 (authorities responsible for crime and disorder strategies etc) in subsection (1D) in paragraph (d) of the definition of “the relevant provisions” after “section” insert “ 9F, 9FA or ”.
Local Government Act 2000 (c. 22)
The Local Government Act 2000 is amended as follows.
In the heading of Part 2 (arrangements with respect to executives etc) for “Arrangements” substitute “ Local authorities in Wales: arrangements ”.
In section 10 (executive arrangements) after “local authority” (in both places) insert “ in Wales ”.
Section 11 (forms of local authority executives) is amended as follows.
In subsection (2) for “In the case of any local authority in England or Wales, the” substitute “ The ”.
Omit subsection (2A).
In subsection (3) for “In the case of any local authority in Wales, the” substitute “ The ”.
In subsection (5)—
for “In the case of a local authority in England or Wales, the” substitute “ The ”, and
for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (8) after “leader and cabinet executive” insert “ (Wales) ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Omit subsection (9A).
In subsection (10) omit “(2A)(a) or”.
Section 12 (additional forms of executive) is amended as follows.
In subsection (1)—
for “Secretary of State” substitute “ Welsh Ministers ”,
in paragraph (a) for “him” substitute “ them ”, and
in paragraphs (b) and (d) for “he considers” substitute “ they consider ”.
In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (3)(a) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 13 (functions which are the responsibility of an executive) is amended as follows.
In subsection (3) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (9)(b) omit the words from “or section 236” to “England)”.
In subsection (12) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 14 (discharge of functions: general) is amended as follows.
In the heading for “general” substitute “ mayor and cabinet executive ”.
In subsection (1) for the words from “of” to the end substitute “ of a mayor and cabinet executive are to be discharged in accordance with this section ”.
In subsections (2) to (5) for “senior executive member” (in each place that it appears) substitute “ elected mayor ”.
In subsection (6)—
for “a senior executive member” substitute “ an elected mayor ”, and
for “the senior executive member” substitute “ the elected mayor ”.
Omit subsection (7).
In section 17 (discharge of functions: section 11(5) executive) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 18 (discharge of functions by area committees) is amended as follows.
In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (3) in the definition of “area committee” for the words from “means—” to “in Wales,” substitute “ means ”.
Omit subsections (4) and (5).
In subsection (6) omit “in Wales”.
Section 19 (discharge of functions of and by another local authority) is amended as follows.
In subsection (1)—
for “Secretary of State” substitute “ Welsh Ministers ”,
omit the words “(within the meaning of this Part)” in the first place they appear,
for paragraph (a) substitute—, and
in paragraph (b) for “an executive of another local authority (within the meaning of this Part)” substitute “ a relevant executive (other than an executive of the local authority) ”.
In subsection (2)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
for “local authority (within the meaning of section 101 of that Act)” substitute “ relevant authority in Wales ”, and
for “an executive of another local authority (within the meaning of this Part)” substitute “ a relevant executive (other than an executive of the relevant authority) ”.
In subsection (3) for “local authority” substitute “ relevant authority in Wales ”.
In subsection (4)—
in paragraph (a)—
for “an executive of a local authority” substitute “ a relevant executive ”, and
after “the authority” insert “ of which the executive is part ”,
in paragraph (b) for “local authority” substitute “ relevant authority ”, and
in paragraph (c) for “an executive of a local authority” substitute “ a relevant executive ”.
In subsection (8) for “ “specified”” substitute.
In section 20 (joint exercise of functions) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 21 (overview and scrutiny committees) is amended as follows.
In subsection (2)(f)—
omit “section 244 of the National Health Service Act 2006 or”,
for “either of those sections” substitute “ that section ”, and
for “the Act concerned, and as extended by the section concerned” substitute “ that Act, as extended by that section ”.
In subsection (2ZA) omit “in Wales”.
In subsection (2A)—
omit paragraphs (a) and (b), and
in paragraph (e) for the words from “committee—” to “a joint overview and scrutiny committee” substitute “ committee ”.
In subsection (4)—
for “21A to 21C” substitute “ 21A and 21B ”, and
omit the words from “or any functions” to the end.
In subsection (10)—
for “paragraphs 7 to” substitute “ paragraph 8 or ”, and
omit “, unless permitted to do so under paragraph 12 of that Schedule”.
In subsection (10A) omit “in Wales”.
In subsection (13)—
in paragraph (aa) omit the words from “by virtue of” to “England) or”, and
in paragraph (c) omit the words from the beginning to “in Wales”.
In subsection (16)—
omit paragraph (a), and
in paragraph (b) omit “in Wales”.
Omit section 21ZA (scrutiny officers).
Section 21A (reference of matters to overview and scrutiny committees) is amended as follows.
In subsection (3) omit the words from “(in the case of a local authority in England” to “Wales)”.
In subsection (6)(a) omit the words from “section 236” to “2007 or”.
Omit subsections (10) and (11).
In subsection (12) omit “in Wales”.
Omit section 21C (reports and recommendations of overview and scrutiny committees: duties of certain partner authorities).
Section 21D (publication etc of reports, recommendations and responses: confidential and exempt information) is amended as follows.
In subsection (1)(b) omit sub-paragraph (ii).
In subsection (2) omit “or providing a copy of the document to a relevant partner authority”.
In subsection (6)—
in the definition of “exempt information”—
omit “section 246 of the National Health Service Act 2006 or”, and
at the end insert “ and ”, and
omit the definition of “relevant partner authority”.
Omit section 21E (overview and scrutiny committees of certain district councils: functions with respect to partner authorities).
Section 21F (as inserted by the Local Government (Wales) Measure 2011 (nawm 4)) (Wales: notifying designated body of report or recommendations) is amended as follows.
In the title for “Wales: notifying” substitute “ Notifying ”.
In subsection (1) omit “in Wales”.
Omit section 21F (as inserted by the Flood and Water Management Act 2010) (overview and scrutiny committees: flood risk management).
In the title of section 21G (Wales: designated persons) for “Wales: designated” substitute “ Designated ”.
Section 22 (access to information) is amended as follows.
In subsections (6), (8) to (10), (12) and (13) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (12A)—
for the words from “Secretary” to “Wales),” substitute “ Welsh Ministers ”, and
in paragraph (a) omit the words from “, or under” to “section 21B,”.
Omit section 22A (overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities).
In section 25 (proposals) in subsections (1)(b), (5), (6)(a), (7) and (8) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 27 (referendum in case of proposals involving elected mayor) is amended as follows.
In subsections (1)(b), (5), (6), (8)(c), (9) and (10) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (5) for “him” substitute “ them ”.
Section 28 (approval of outline fall-back proposals) is amended as follows.
In subsections (1) and (2) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (3) for “Secretary of State approves” substitute “ Welsh Ministers approve ”.
Omit section 31 (alternative arrangements).
Omit section 32 (alternative arrangements).
Section 33ZA (Wales: changing governance arrangements) is amended as follows.
In the heading for “Wales: changing” substitute “ Changing ”.
Omit “in Wales,”.
Omit section 33A (executive arrangements).
Omit section 33B (executive arrangements: other variations of arrangements).
Omit section 33C (alternative arrangements: move to executive arrangements).
Omit section 33D (alternative arrangements: variation of arrangements).
Omit section 33E (proposals by local authority).
Omit section 33F (resolution of local authority).
Omit section 33G (implementation: new executive or move to executive arrangements).
Omit section 33H (implementation: other change in governance arrangements).
Omit section 33I (general).
Omit section 33J (new form of executive or move to executive: general requirements) and the italic heading immediately before it (further requirements for certain changes).
Omit section 33K (changes subject to approval in referendum: additional requirements).
Omit section 33L (change not subject to approval in a referendum: additional requirements).
Omit section 33M (cases in which change is subject to approval in referendum).
Omit section 33N (variation of mayoral executive).
Omit section 33O (interpretation) and the italic heading immediately before it (miscellaneous).
Section 34 (referendum following petition) is amended as follows.
In subsections (1) and (2)(k) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (1A) for the words from “means—” to “Wales,” substitute “ means ”.
In subsection (3) omit “or of any of sections 33A to 33O”.
Section 35 (referendum following direction) is amended as follows.
In subsection (1)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
for “him” substitute “ them ”.
In subsection (2)(d) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (3) omit “or of any of sections 33A to 33O”.
Section 36 (referendum following order) is amended as follows.
In subsections (1) and (2)(d) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (3) omit “or of any of sections 33A to 33O”.
In section 37 (local authority constitution) in subsection (1)(a) for “Secretary of State” substitute “ Welsh Ministers ”.
In section 38 (guidance) in subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 39 (elected mayors etc) is amended as follows.
Omit subsection (2).
In subsection (3) omit “in Wales”.
In subsection (5B)(a) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (5C) for the words from the beginning to “1972 are” substitute “ Section 21(1A) of the Local Government Act 1972 is ”.
After subsection (5C) insert—
Omit subsection (6).
In section 41 (time of elections etc) for “Secretary of State” substitute “ Welsh Ministers ”.
Omit section 44A (election of leader: whole-council elections) and the italic heading immediately before it (leader and cabinet executives (England)).
Omit section 44B (election of leader: partial-council elections).
Omit section 44C (removal of leader).
Omit section 44D (term of office of leader: whole-council elections).
Omit section 44E (term of office of leader: partial council elections).
Omit section 44F (leader to continue to hold office as councillor).
Omit section 44G (no other means of electing or removing leader).
Omit section 44H (regulations).
Section 45 (provisions with respect to referendums) is amended as follows.
In subsection (1) for the words from “authority—” to “in Wales” substitute “ authority ”.
In subsections (5), (6) and (8A) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (8B)—
in paragraph (a)—
for “Parliament in accordance with section 105(6)” substitute “ the National Assembly for Wales ”, and
for “Secretary of State” substitute “ Welsh Ministers ”, and
in paragraph (b)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
for “each House” substitute “ the National Assembly for Wales ”.
In subsection (8D)—
in paragraph (a)—
for “Parliament in accordance with section 105(6)” substitute “ the National Assembly for Wales ”, and
for “Secretary of State” substitute “ Welsh Ministers ”, and
in paragraph (b)—
for “Parliament” substitute “ the National Assembly for Wales ”,
for “Secretary of State” substitute “ Welsh Ministers ”,
for “each House” substitute “ the Assembly ”, and
for “his” substitute “ their ”.
In subsection (9) omit “or 33K”.
Section 47 (power to make incidental, consequential provision etc) is amended as follows.
In subsection (1)—
for “Secretary of State” substitute “ Welsh Ministers ”,
for “he considers” substitute “ they consider ”.
In subsection (4) omit “(including changes of the kinds set out in sections 33A to 33D)”.
In subsection (6) omit paragraph (b).
Section 48 (interpretation of Part 2) is amended as follows.
In subsection (1)—
in the definition of “executive leader” for “section 11(2A)(a) or (3)(a)” substitute “ section 11(3)(a) ”,
in the definition of “local authority” for the words from “means—” to “Wales, a county council” substitute “ means a county council in Wales ”, and
omit the definition of “ordinary day of election”.
Omit subsection (1A).
In subsection (2) omit paragraph (b).
In subsection (3) omit paragraph (b).
In subsection (7)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
for “him” substitute “ them ”.
Section 105 (orders and regulations) is amended as follows.
In subsection (6)—
after “6,” insert “ 9N, ”, and
After subsection (7) insert—
In section 106 (Wales) in subsection (1) omit paragraph (a).
Schedule 1 (executive arrangements: further provision) is amended as follows.
In the heading of the Schedule (executive arrangements: further provision) after “arrangements” insert “ in Wales ”.
In paragraph 1(9) for “In the case of a local authority in Wales, the” substitute “ The ”.
Omit paragraph 1A and the heading immediately before it.
In paragraph 6(1) for “Secretary of State” substitute “ Welsh Ministers ”.
Omit paragraph 7.
In paragraph 8—
in sub-paragraph (1) omit—
“Welsh”, and
“in Wales”,
in sub-paragraphs (2), (3) and (7) omit “Welsh”, and
in sub-paragraphs (4) and (7) for “National Assembly for Wales” substitute “ Welsh Ministers ”.
In paragraph 9—
in sub-paragraph (4) for “Secretary of State” substitute “ Welsh Ministers ”,
in sub-paragraph (5)(f) for “Secretary of State considers” substitute “ Welsh Ministers consider ”,
in sub-paragraph (6)(a)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
for “he considers” substitute “ they consider ”, and
in sub-paragraph (6)(b) for “Secretary of State makes” substitute “ Welsh Ministers make ”.
In paragraph 10 omit “7,”.
In paragraph 11 for “7” substitute “ 8 ”.
In paragraph 11A for “7 to” substitute “ 8 and ”.
Omit paragraphs 12 to 14 and the italic heading immediately before paragraph 12 (overview and scrutiny committees: voting rights of co-opted members).
National Health Service Act 2006 (c. 41)
The National Health Service Act 2006 is amended as follows.
In section 244 (functions of overview and scrutiny committees) after subsection (4) insert—
Section 245 (joint overview and scrutiny committees etc) is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (3)(b)—
in sub-paragraph (i) for “section 21(4) and (6) to (17)” substitute “ sections 9F(5), 9FA, 9FC to 9FG and 9FI ”, and
omit sub-paragraphs (ia) and (ib).
In subsection (7) for “Section 21(4)” substitute “ Section 9F(5) ”.
In subsection (8) for “Section 21(10)” substitute “ Section 9FA(5) ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 247 (application to the City of London) is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (3)—
for “Section 21” substitute “ Section 9F ”,
in paragraph (a) for “(3), (5) and (9)” substitute “ (4) ”, and
omit paragraphs (b) to (d).
After subsection (3) insert—
In subsection (4)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for “section 21(2)” substitute “ section 9F(2) ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police and Justice Act 2006 (c. 48)
The Police and Justice Act 2006 is amended as follows.
Section 19 (local authority scrutiny of crime and disorder matters) is amended as follows.
In subsection (3)(a)—
after the first “section” insert “ 9F(2) or ”, and
after the second “section” insert “ 9JA(2) or ”.
In subsection (9) omit “(within the meaning of Part 2 of the Local Government Act 2000 (c. 22))”.
After subsection (9) insert—
In subsection (10) for the words from “not” to “Act 2000” substitute “ in cases that are not within subsection (9) or (9B) ”.
In subsection (11)—
before the definition of “crime and disorder functions” insert—
in the definition of “executive arrangements” for the words from the second “executive” to the end substitute.
In Schedule 8 (further provision about crime and disorder committees of certain local authorities) in paragraph 1(1)—
after “authority” insert,
after “Part” insert “ 1A or ”, and
after “(c. 22)” insert.
Conduct of local government members
Amendments of existing provisions
Parliamentary Commissioner Act 1967 (c. 13)
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit the entry for the Standards Board for England.
House of Commons Disqualification Act 1975 (c. 24)
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Standards Board for England.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Standards Board for England.
Local Government and Housing Act 1989 (c. 42)
Section 3A of the Local Government and Housing Act 1989 (grant and supervision of exemptions from political restriction: England) is amended as follows.
In subsection (1)—
for “standards committee” substitute “ head of paid service ”,
omit “which is a relevant authority”,
in paragraph (a) for “committee” substitute “ head of paid service ”, and
in that paragraph and paragraph (b) omit “relevant”.
In subsection (2)(a) omit “relevant”.
In subsection (3)—
for “standards committee” substitute “ head of paid service ”,
for “committee” substitute “ head of paid service ”, and
in paragraph (b) omit “relevant”.
In subsection (4)—
for “standards committee” substitute “ local authority's head of paid service ”,
for “committee” substitute “ head of paid service ”, and
in paragraph (b)(i) omit “relevant”.
Omit subsection (5).
In subsection (6)—
omit “which is a relevant authority”, and
in paragraph (a)—
for “standards committee” substitute “ head of paid service ”,
for “committee” substitute “ head of paid service ”, and
omit “its”.
In subsection (7)—
omit “its”, and
for “standards committee” substitute “ local authority's head of paid service ”.
After that subsection insert—
Omit subsections (8) to (10).
Audit Commission Act 1998 (c. 18)
In section 49(1)(de) of the Audit Commission Act 1998 (disclosure of information by Commission or auditor etc for purposes of functions of ethical standards officer or Public Services Ombudsman for Wales) omit “an ethical standards officer or”.
Data Protection Act 1998 (c. 29)
In section 31 of the Data Protection Act 1998 (exemptions from subject information provisions for data processed in connection with certain regulatory functions)—
in subsection (7) omit paragraph (b), and
in subsection (8)(b) omit “, or to an ethical standards officer,”.
Local Government Act 2000 (c. 22)
The Local Government Act 2000 is amended as follows.
Section 49 (principles governing conduct of members of relevant authorities) is amended as follows.
Omit subsection (1).
In subsection (2) omit “in Wales (other than police authorities)”.
Omit subsections (2C), (3) and (4).
In subsection (5)(a) omit “in Wales”.
In subsection (6)—
in paragraph (a) at the end insert “ in Wales ”,
omit paragraphs (c) to (e),
omit paragraphs (g) to (k),
in paragraph (l) after “authority” insert “ in Wales ”,
omit paragraphs (m) to (o), and
in paragraph (p) after “authority” insert “ in Wales ”.
Section 50 (model code of conduct) is amended as follows.
Omit subsection (1).
In subsection (2) omit “in Wales other than police authorities”.
In subsection (3) omit “(1) or”.
In subsection (4)(a) omit—
“49(1) or”, and
“(as the case may be)”.
Omit subsections (4C) and (4D).
In subsection (5) omit “the Secretary of State or”.
Omit subsections (6) and (7).
Section 51 (duty of relevant authorities to adopt codes of conduct) is amended as follows.
In subsection (4C) omit the words from “by a” to “police authority”.
In subsection (6)(c)—
omit sub-paragraph (i), and
in sub-paragraph (ii) omit the words from “in the case” to “in Wales,”.
In section 52(2) (power for prescribed form of declaration of acceptance of office to include undertaking to observe code of conduct) after “1972” insert “ in relation to a relevant authority ”.
Section 53 (standards committees) is amended as follows.
In subsection (2) omit “parish council or”.
Omit subsections (3) to (10).
In subsection (11)—
in paragraph (a) omit “in Wales other than police authorities”, and
in paragraph (k) omit “in Wales (other than police authorities)”.
In subsection (12) omit “(6)(c) to (f) or”.
Section 54 (functions of standards committees) is amended as follows.
Omit subsection (4).
In subsection (5) omit “in Wales (other than police authorities)”.
Omit subsection (6).
In subsection (7) omit “in Wales (other than police authorities)”.
Section 54A (sub-committees of standards committees) is amended as follows.
In subsection (3) omit “, but this is subject to section 55(7)(b)”.
Omit subsection (4).
In subsection (5) omit “in Wales other than a police authority”.
In subsection (6)—
omit “section 55(5) and to”, and
for “53(6)(a) or (11)(a)” substitute “ 53(11)(a) ”.
Omit section 55 (standards committees for parish councils).
Omit section 56A (joint committees of relevant authorities in England).
Omit section 57 (Standards Board for England).
Omit section 57A (written allegations: right to make, and initial assessment).
Omit section 57B (right to request review of decision not to act).
Omit section 57C (information to be given to subject of allegation).
Omit section 57D (power to suspend standards committee's functions).
Omit section 58 (allegations referred to Standards Board).
Omit section 59 (functions of ethical standards officers).
Omit section 60 (conduct of investigations).
Omit section 61 (procedure in respect of investigations).
Omit section 62 (investigations: further provisions).
Omit section 63 (restrictions on disclosure of information).
Omit section 64 (reports etc).
Omit section 65 (interim reports).
Omit section 65A (disclosure by monitoring officers of ethical standards officers' reports).
Omit section 66 (matters referred to monitoring officers).
Omit section 66A (references to First-tier Tribunal).
Omit section 66B (periodic returns).
Omit section 66C (information requests).
Omit section 67 (consultation with ombudsmen).
In section 68(2) (guidance by Public Services Ombudsman for Wales)—
in paragraph (a)—
omit “in Wales (other than police authorities)”, and
for “such” substitute “ those ”, and
in paragraph (b) omit “in Wales (other than police authorities)”.
Section 69 (investigations by the Public Services Ombudsman for Wales) is amended as follows.
In subsection (1) omit “in Wales” in both places.
In subsection (5) omit “in Wales”.
Section 70 (investigations: further provisions) is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (5) omit “in Wales”.
In section 71(4) (reports etc) omit “in Wales”.
In section 72(6) (interim reports) omit “in Wales”.
In section 73 (matters referred to monitoring officers) omit subsection (6).
In section 77(7) (offence of failure to comply with regulations about adjudications in Wales or equivalent provisions of Tribunal Procedure Rules) omit the words from “, or with” to “First-tier Tribunal,”.
Section 78 (decisions of the First-tier Tribunal or interim case tribunals) is amended as follows.
In the heading omit “the First-tier Tribunal or”.
In subsection (1)—
omit “the First-tier Tribunal or”, and
in paragraph (a) omit “65(3) or”.
In subsection (2) for “the tribunal concerned” substitute “ the interim case tribunal ”.
In subsection (3) for “the tribunal concerned” substitute “ the interim case tribunal ”.
Omit subsection (4).
In subsection (6) omit “78A or”.
In subsection (8A)—
omit paragraph (a), and
in paragraph (b) omit “where the relevant authority concerned is in Wales,”.
In subsection (9) omit—
“The First-tier Tribunal or (as the case may be)”, and
“59 or”.
Omit subsections (9A) to (9D).
Omit section 78A (decisions of First-tier Tribunal).
Omit section 78B (section 78A: supplementary).
In section 79(13) (decisions of case tribunals: Wales) in subsection (13) omit “in Wales”.
Section 80 (recommendations by First-tier Tribunal or case tribunals) is amended as follows.
In the heading omit “First-tier Tribunal or”.
In subsection (1) omit “the First-tier Tribunal or”.
In subsection (2) for “The tribunal concerned” substitute “ A case tribunal ”.
In subsection (3) for “relevant person” substitute “ Public Services Ombudsman for Wales ”.
In subsection (5) for “relevant person” in both places substitute “ Public Services Ombudsman for Wales ”.
Omit subsection (6).
Section 81 (disclosure and registration of members' interests) is amended as follows.
In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (7)—
omit paragraph (b), and
in paragraph (c) omit “if it is a relevant authority in Wales,”.
Omit subsection (8).
Section 82 (code of conduct for local government employees) is amended as follows.
Omit subsection (1).
In subsection (2) omit “in Wales (other than police authorities)”.
In subsection (3) omit “(1) or”.
Omit subsections (4) and (5).
In subsection (6)(a)—
omit “in Wales”, and
for “such” substitute “ those ”.
In paragraph (9) omit—
paragraph (a), and
in paragraph (b) “in relation to Wales,”.
In section 82A (monitoring officers: delegation of functions under Part 3), omit “57A, 60(2) or (3), 64(2) or (4),”.
Section 83 (interpretation of Part 3) is amended as follows.
In subsection (1)—
omit the definitions of—
“the Audit Commission”,
“ethical standards officer”, and
“police authority”, and
in the definition of “model code of conduct” omit “(1) and”.
Omit subsections (4), (12), (15) and (16).
In section 105(6) (orders and regulations) omit “, 49, 63(1)(j)”.
Omit Schedule 4 (Standards Board for England).
Freedom of Information Act 2000 (c. 36)
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) omit the entry for the Standards Board for England.
Local Government and Public Involvement in Health Act 2007 (c. 28)
Section 183 of the Local Government and Public Involvement in Health Act 2007 (conduct of local authority members: codes of conduct) is amended as follows.
In subsection (1) omit the subsections (2A) and (2B) to be inserted into section 49 of the Local Government Act 2000.
In subsection (2) omit the subsections (4A) and (4B) to be inserted into section 50 of the Local Government Act 2000.
In subsection (3) omit the subsections (4A) and (4B) to be inserted into section 51 of the Local Government Act 2000.
In subsection (7)(b) omit “in Wales other than a police authority”.
Provision supplementary to Part 1
Codes of conduct under the Local Government Act 2000
A code of conduct adopted by a relevant authority (within the meaning of this Chapter of this Part of this Act) ceases to have effect.
An undertaking to comply with a code of conduct given by a person under section 52 of the Local Government Act 2000 or as part of a declaration of acceptance of office in a form prescribed by order under section 83 of the Local Government Act 1972 ceases to have effect when the code ceases to have effect.
Power to make provision in connection with the abolition of Standards Board for England
The Secretary of State may by order make provision in connection with the abolition of the Standards Board for England (“the Board”).
An order under this paragraph may make provision that has effect on or before the abolition date.
An order under this paragraph may, in particular, make provision about the property, rights and liabilities of the Board (including rights and liabilities relating to contracts of employment).
This includes—
provision for the transfer of property, rights and liabilities (including to the Secretary of State), and
provision for the extinguishment of rights and liabilities.
An order under this paragraph that makes provision for the transfer of property, rights and liabilities may—
make provision for certificates issued by the Secretary of State to be conclusive evidence that property has been transferred;
make provision about the transfer of property, rights and liabilities that could not otherwise be transferred;
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Board in respect of anything transferred;
make provision for references to the Board in an instrument or document in respect of anything transferred to be treated as references to the transferee.
An order under this paragraph may—
make provision about the continuing effect of things done by or in relation to the Board before such date as the order may specify;
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Board on such a date;
make provision for references to the Board in an instrument or document to be treated on and after such a date as references to such person as the order may specify;
make provision for the payment of compensation by the Secretary of State to persons affected by the provisions it makes about the property, rights and liabilities of the Board.
Power to give directions in connection with the abolition of Standards Board for England
The Secretary of State may direct the Board to take such steps as the Secretary of State may specify in connection with the abolition of the Board.
The Secretary of State may, in particular, give directions to the Board about information held by the Board, including—
directions requiring information to be transferred to another person (including to the Secretary of State);
directions requiring information to be destroyed or made inaccessible.
The Secretary of State may make available to the Board such facilities as the Board may reasonably require for exercising its functions by virtue of this Part of this Schedule.
The Secretary of State may exercise a function of the Board for the purposes of taking steps in connection with its abolition (including functions by virtue of an order under paragraph 57).
Sub-paragraph (4) does not prevent the exercise of the function by the Board.
In the case of a duty of the Board, sub-paragraph (4) permits the Secretary of State to comply with that duty on behalf of the Board but does not oblige the Secretary of State to do so.
Final statement of accounts
As soon as is reasonably practicable after the abolition date, the Secretary of State must prepare—
a statement of the accounts of the Board for the last financial year to end before the abolition date, and
a statement of the accounts of the Board for the period (if any) beginning immediately after the end of that financial year and ending immediately before the abolition date.
The Secretary of State must, as soon as is reasonably practicable after preparing a statement under this paragraph, send a copy of it to the Comptroller and Auditor General.
The Comptroller and Auditor General must—
examine, certify and report on the statement, and
lay a copy of the statement and the report before each House of Parliament.
Sub-paragraph (1)(a) does not apply if the Board has already sent a copy of its statement of accounts for the year to the Comptroller and Auditor General.
In such a case the repeal of paragraph 13(4B) of Schedule 4 to the Local Government Act 2000 does not remove the obligation of the Comptroller and Auditor General to take the steps specified in that provision in relation to the statement of accounts if the Comptroller has not already done so.
Disclosure of information
Section 63 of the Local Government Act 2000 applies in relation to information obtained by a person who is exercising a function of the Board by virtue of paragraph 58(4) as it applies to information obtained by an ethical standards officer.
That section has effect (in relation to information to which it applies apart from sub-paragraph (1) as well as to information to which it applies by virtue of that sub-paragraph) as if it permitted the disclosure of information for the purposes of the abolition of the Board.
The repeal by Part 1 of that section, or of any provision by virtue of which it is applied to information obtained other than by ethical standards officers, does not affect its continuing effect in relation to information to which it applied before its repeal (including by virtue of this paragraph).
Interpretation
In this Part of this Schedule—“the abolition date” means the date on which paragraphs 17 and 53 (repeal of section 57 of and Schedule 4 to the Local Government Act 2000) come fully into force;“the Board” has the meaning given by paragraph 57(1);“financial year” means the period of 12 months ending with 31 March in any year.
New Chapter 4ZA of Part 1 of the Local Government Finance Act 1992
This is the Chapter referred to in section 72(1)—
Council tax referendums: further amendments
Local Government Finance Act 1992 (c. 14)
The Local Government Finance Act 1992 is amended as follows.
Section 31 (substituted amounts) is amended as follows.
In subsection (1) for the “or” at the end of paragraph (a) substitute—.
After subsection (4) insert—
In subsection (5) at the beginning insert “ Subject to any provision made by regulations under subsection (6) below, ”.
After subsection (5) insert—
In section 42(1) (substituted precepts) before “52J” insert “ 52ZU, ”.
In section 52A (interpretation of Chapter 4A) in each of paragraphs (a) and (b) after “authority” insert “ in Wales ”.
Section 52B (power to designate authorities) is amended as follows.
In subsection (1)—
for “Secretary of State's” substitute “Welsh Ministers'”,
for “he” substitute “ they ”, and
for “his” substitute “ their ”.
In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (5)—
for “Secretary of State determines” substitute “ Welsh Ministers determine ”, and
in paragraph (b) for “Secretary of State” substitute “ Welsh Ministers ” and for “his” substitute “ their ”.
In subsection (6) for “he does” substitute “ they do ”.
In subsection (7)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
for “he thinks” substitute “ they think ”.
In subsection (8) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 52C (alternative notional amounts) is amended as follows.
In subsection (1)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
for “his” substitute “ their ”.
In subsection (3)—
in paragraph (c)—
for “Secretary of State thinks” substitute “ Welsh Ministers think ”, and
for “him” substitute “ them ”, and
in paragraph (d) for “House of Commons” substitute “ National Assembly for Wales ”.
In subsection (4) for “House of Commons” substitute “ National Assembly for Wales ”.
Section 52D (designation or nomination) is amended as follows.
In subsection (1) for “Secretary of State's” substitute “Welsh Ministers'”.
In subsection (2) for “he” substitute “ they ”.
In subsection (3) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 52E (designation) is amended as follows.
In subsection (1) for “Secretary of State designates” substitute “ Welsh Ministers designate ”.
In subsection (2)—
in the opening words for “He” substitute “ They ”,
in paragraph (c) for “he determines” substitute “ they determine ”,
in each of paragraphs (d) and (e) for “he proposes” substitute “ they propose ”, and
in paragraph (f) for “he expects” substitute “ they expect ”.
In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 52F (challenge of maximum amount) is amended as follows.
In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (3)—
in paragraph (a) for “Secretary of State” substitute “ Welsh Ministers ”, and
in paragraph (b) for “he thinks” substitute “ they think ”.
In subsection (4)—
for “he proceeds” substitute “ they proceed ”, and
for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (5)—
in paragraph (a) for “Secretary of State's” substitute “Welsh Ministers'”, and
in paragraph (c) for “Secretary of State” substitute “ Welsh Ministers ”.
Omit subsection (6).
In subsection (7)(a) for “House of Commons” substitute “ National Assembly for Wales ”.
In subsection (8)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
in paragraph (b) for “he alters” substitute “ they alter ”.
In subsection (9)—
for “he serves” substitute “ they serve ”, and
for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (10) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (11)—
for “Secretary of State proceeds” substitute “ Welsh Ministers proceed ”, and
for “he” substitute “ they ”.
Section 52G (acceptance of maximum amount) is amended as follows.
In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (2)—
for “he receives” substitute “ they receive ”, and
for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (3)—
for “he serves” substitute “ they serve ”, and
for “Secretary of State” substitute “ Welsh Ministers ”.
Section 52H (no challenge or acceptance) is amended as follows.
In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (3)(a) for “House of Commons” substitute “ National Assembly for Wales ”.
In subsection (4) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (5)—
for “he serves” substitute “ they serve ”, and
for “Secretary of State” substitute “ Welsh Ministers ”.
In section 52I(5)(a) (duty of designated billing authority) for “general” substitute “ council ”.
Section 52J (duty of designated precepting authority) is amended as follows.
In subsection (1)—
omit paragraph (a), and
in paragraph (b) omit “(in any other case)”.
Omit subsection (3).
Omit subsection (6).
Omit subsections (8) to (10).
Section 52K (failure to substitute) is amended as follows.
In subsection (1)—
omit paragraph (a), and
in paragraph (b) omit “(in any other case)”.
For subsection (2) substitute—
In subsection (4)(b) omit “52I or”.
Section 52L (nomination) is amended as follows.
In subsection (1) for “Secretary of State nominates” substitute “ Welsh Ministers nominate ”.
In subsection (2)—
in the opening words for “He” substitute “ They ”,
in paragraph (c) for “he determines” substitute “ they determine ”, and
in paragraph (d) for “he” in both places substitute “ they ”.
In subsection (4)—
for “he intends” substitute “ they intend ”, and
for “Secretary of State” substitute “ Welsh Ministers ”.
Section 52M (designation after nomination) is amended as follows.
In subsection (1)—
in the opening words for “Secretary of State” substitute “ Welsh Ministers ”,
in paragraph (a) for “nominates” substitute “ nominate ”, and
in paragraph (b) for “decides” substitute “ decide ”.
In subsection (2)—
in the opening words for “He” substitute “ They ”,
in paragraph (b) for “he proposes” substitute “ they propose ”, and
in paragraph (c) for “he proposes” substitute “ they propose ”.
In subsection (3)—
in the opening words for “he” substitute “ they ”,
in paragraph (a) for “he” in both places substitute “ they ”, and
in paragraph (b) for “he thinks” substitute “ they think ”.
In subsection (4)—
in the opening words for “He” substitute “ They ”,
in paragraph (e) for “he expects” substitute “ they expect ”, and
in paragraph (f) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (8) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 52N (no designation after nomination) is amended as follows.
In subsection (1)—
in the opening words for “Secretary of State” substitute “ Welsh Ministers ”,
in paragraph (a) for “nominates” substitute “ nominate ”, and
in paragraph (b) for “decides” substitute “ decide ”.
In subsection (2)—
for the first “He” substitute “ They ”, and
for “he proposes” substitute “ they propose ”.
In subsection (3)—
in the opening words for “he” substitute “ they ”,
in paragraph (a) for “he” in both places substitute “ they ”, and
in paragraph (b) for “he thinks” substitute “ they think ”.
In subsection (4) for “He” substitute “ They ”.
In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (6)—
in the opening words for “Secretary of State” substitute “ Welsh Ministers ”, and
in paragraph (a)—
for “he receives” substitute “ they receive ”, and
for “his” substitute “ their ”.
Section 52P (designation after previous designation) is amended as follows.
In subsection (1)(a) for “Secretary of State designates” substitute “ Welsh Ministers designate ”.
In subsection (2)—
in the opening words—
for the first “He” substitute “ They ”,
for “he does” substitute “ they do ”, and
for the third “he” substitute “ they ”,
in paragraph (a) for “he proposes” substitute “ they propose ”, and
in paragraph (b) for “he proposes” substitute “ they propose ”.
In subsection (3)—
in the opening words for “he” substitute “ they ”, and
in paragraph (c) for “he thinks” substitute “ they think ”.
In subsection (4)—
in the opening words for “He” substitute “ They ”,
in paragraph (e) for “he expects” substitute “ they expect ”, and
in paragraph (f) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (8) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (10) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 52Q (challenge of maximum amount) is amended as follows.
In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b) substitute “ Welsh Ministers ”.
In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (3)—
in paragraph (a) for “Secretary of State” substitute “ Welsh Ministers ”, and
in paragraph (b) for “he thinks” substitute “ they think ”.
In subsection (4)—
in paragraph (a) for “Secretary of State's” substitute “Welsh Ministers'”, and
in paragraph (c) for “Secretary of State” substitute “ Welsh Ministers ”.
Omit subsection (5).
In subsection (6) for “House of Commons” substitute “ National Assembly for Wales ”.
In subsection (7)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
in paragraph (b) for “he alters” substitute “ they alter ”.
In subsection (8)—
for “he serves” substitute “ they serve ”, and
for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (9) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 52R (acceptance of maximum amount) is amended as follows.
In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b) substitute “ Welsh Ministers ”.
In subsection (2)—
for “he receives” substitute “ they receive ”, and
for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (3)—
for “he serves” substitute “ they serve ”, and
for “Secretary of State” substitute “ Welsh Ministers ”.
Section 52S (no challenge or acceptance) is amended as follows.
In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b) substitute “ Welsh Ministers ”.
In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (3) for “House of Commons” substitute “ National Assembly for Wales ”.
In subsection (4) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (5)—
for “he serves” substitute “ they serve ”, and
for “Secretary of State” substitute “ Welsh Ministers ”.
In section 52T(7)(a) (duty of designated billing authority) for “general” substitute “ council ”.
Section 52U (duty of designated precepting authority) is amended as follows.
In subsection (2)—
omit paragraph (a), and
in paragraph (b) omit “(in any other case)”.
Omit subsection (3).
In subsection (4) omit “is not the Greater London Authority and it”.
In subsection (5) omit “(3) or”.
Omit subsection (6).
Omit subsection (9).
Omit subsections (11) to (13).
Section 52V (failure to make or substitute calculation) is amended as follows.
For subsection (3) substitute—
In subsection (5)(b) omit “52T or”.
Section 52W (meaning of budget requirement) is amended as follows.
In subsection (1) omit “other than the Greater London Authority”.
Omit subsection (2).
Section 52X (calculations to be net of precepts) is amended as follows.
In subsection (2)—
in paragraph (a) for “Secretary of State proposes” substitute “ Welsh Ministers propose ”,
in paragraph (b) for “he proposes” substitute “ they propose ”,
in paragraph (d) for “he proposes” substitute “ they propose ”, and
in paragraph (e) for “he expects” substitute “ they expect ”.
In subsection (6) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (7) for “House of Commons” substitute “ National Assembly for Wales ”.
Section 52Y (information for purposes of Chapter 4A) is amended as follows.
In subsection (1) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (2) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (4)—
for “Secretary of State” substitute “ Welsh Ministers ”,
for “him” in both places substitute “ them ”, and
for “his” in both places substitute “ their ”.
In subsection (5) for “Secretary of State specifies” substitute “ Welsh Ministers specify ”.
In subsection (7)—
for “Secretary of State” substitute “ Welsh Ministers ”,
for “his” in both places substitute “ their ”, and
for “he thinks” substitute “ they think ”.
In subsection (8)—
for “his” in both places substitute “ their ”,
for “Secretary of State” substitute “ Welsh Ministers ”, and
for “him” substitute “ them ”.
Omit section 52Z (separate administration of Chapter 4A for England and Wales).
In section 66(2)(c) (matters that may not be questioned except by an application for judicial review)—
before “52I” insert “ 52ZF, ”, and
before “52J” insert “ 52ZJ, ”.
In section 67(2)(b) (functions to be discharged only by authority)—
before “52I” insert “ 52ZF, ”, and
before “52J” insert “ 52ZJ, ”.
In section 106(2)(a) (council tax: restrictions on voting) after “IV” insert “ , 4ZA ”.
In section 113(3) (orders and regulations to be subject to annulment by either House of Parliament, except in certain cases) after “except in the case of” insert “ regulations under section 52ZQ above or ”.
Police Act 1996 (c. 16)
In section 41(2) of the Police Act 1996 (direction as to minimum budget) after “Chapter” insert “ 4ZA or ”.
Greater London Authority Act 1999 (c. 29)
The Greater London Authority Act 1999 is amended as follows.
In section 95 (minimum budget for Metropolitan Police Authority) after subsection (3) insert—
Schedule 6 (procedure for determining the authority's consolidated budget requirement) is amended as follows.
In paragraph 1 after sub-paragraph (4) insert—
In paragraph 4—
after sub-paragraph (1) insert—, and
after sub-paragraph (2) insert—
After paragraph 6 insert—
In paragraph 7 after sub-paragraph (4) insert—
In paragraph 8 after sub-paragraph (6) insert—
After paragraph 8A insert—
After paragraph 9 insert—
Schedule 7 (procedure for making of substitute calculations by the Authority) is amended as follows.
In paragraph 3(1) for “52K or 52V” substitute “ 52ZW ”.
In paragraph 6(1) for “52K or 52V” substitute “ 52ZW ”.
Council tax: minor and consequential amendments
Local Government Finance Act 1988 (c. 41)
The Local Government Finance Act 1988 is amended as follows.
In section 74(4) (levies)—
in paragraph (a) after “section” insert “ 31A or ”, and
in paragraph (b) after “section” insert “ 42A or ”.
In section 75(6)(a) (special levies) after “section” insert “ 31A or ”.
In section 97(1) (principal transfers between funds)—
for “32 to 36” substitute “ 31A, 31B and 34 to 36 ”,
in the definition of item B for “33(1)” substitute “ 31B(1) ”, and
in the definition of item T for “33(1)” substitute “ 31B(1) ”.
In section 99(4) (regulations about funds) for “32(4)” substitute “ 31A(4) ”.
In Schedule 7 (non-domestic rating: multipliers) in paragraph 9(4) in the definition of item C for “32(4)” substitute “ 31A(4) ”.
Local Government Finance Act 1992 (c. 14)
The Local Government Finance Act 1992 is amended as follows.
Section 30 (amounts of council tax for different categories of dwelling) is amended as follows.
In subsection (2)—
in paragraph (b) for the words from “, have been calculated” to the end of the paragraph substitute
In subsection (4) for “sections 32” to the end of the subsection insert
In section 31(1)(a) (substituted amounts) after “ section ” insert “ 36A, ”.
Section 32 (calculation of budget requirement by billing authority) is amended as follows.
In the heading at the end insert “ by authorities in Wales ”.
In subsection (1) after “billing authority” insert “ in Wales ”.
In subsection (2)—
omit the paragraph (a) inserted in relation to authorities in England by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190) (so that the paragraph (a) in that subsection as enacted continues to have effect for authorities in Wales),
at the end of paragraph (c) insert “ and ”, and
omit paragraph (e).
In subsection (3)—
in paragraph (a)—
omit the words “general fund or (as the case may be)”,
omit the words from “BID levy” to “2003,”, and
omit the words “or (in the case of the Common Council only) police grant”,
omit paragraph (b), and
in paragraph (c) for “, (b) and (e)” substitute “ and (b) ”.
In subsection (3A)—
omit “In the case of any billing authority in Wales,”, and
for “their” substitute “a billing authority's”.
For subsection (5) substitute—
In subsection (7)(a)—
in sub-paragraph (i) omit “general fund or (as the case may be)”, and
omit sub-paragraph (ii).
Omit subsections (8) to (8B).
In subsection (9)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
for “(8B)” substitute “ (7) ”.
In subsection (12) omit the definition of “police grant”.
Omit subsection (13).
Section 33 (calculation of basic amount of tax by billing authority) is amended as follows.
In the heading at the end insert “ by authorities in Wales ”.
In subsection (1)—
after “billing authority” insert “ in Wales ”, and
in the definition of item P omit—
“general fund or (as the case may be)”, and
“or (in the case of the Common Council only) police grant”.
Omit subsections (3) and (3A).
In subsection (3B)—
omit “In the case of a Welsh county council or county borough council,”, and
in each of the definitions of items J, K and L for “council's” substitute “authority's”.
In subsection (4) omit “or subsection (3) above”.
In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.
In section 34(2) (additional calculation where special items relate to part only of area)—
in the definition of item B after “under” insert “ section 31B(1) above or ”, and
in the definition of item T after “item T” insert “ in section 31B(1) above or ”.
In section 36(1) (calculation of tax for different valuation bands) in the definition of “item A” after the first “under” insert “ section 31B(1) above or ”.
After section 36 insert—
In section 37(1) (substitute calculations) after “ authority ” insert “ in Wales ”.
Section 40 (issue of precepts by major precepting authorities) is amended as follows.
After subsection (5) insert—
In subsection (6) after the first “authority” insert “ in Wales ”.
In subsection (8) after “subsection” insert “ (5A), ”.
In subsection (9)—
in paragraph (a)—
for “(2)(a)” substitute “ (2)(a)(i) ”, and
in paragraph (b)—
for “(3)” substitute “ (3)(a) ”, and
in paragraph (c)—
for “(6)” substitute “ (5A) ”, and
for “44(1)” substitute “ 42B(1) ”, and
in paragraph (d) for “(6)” substitute “ (5A) ”.
Section 41 (precepts by local precepting authorities) is amended as follows.
In subsection (2) for the words from “by the precepting authority” to the end substitute
After that subsection insert—
In subsection (3)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
after “billing authority” insert “ in Wales ”.
In section 42(1)(b) (substituted precepts) after “49,” insert “ 49A, ”.
Section 43 (calculation of budget requirement by major precepting authority) is amended as follows.
In the heading at the end insert “ by authorities in Wales ”.
In subsection (1) after “major precepting authority” insert “ in Wales ”.
In subsection (2)(a) omit the words from “, other than” to “1988 Act”.
In subsection (3)(a)—
at the end of sub-paragraph (i) insert “ or ”, and
omit sub-paragraph (iii).
Omit subsection (5).
For subsections (6A) to (6D) substitute—
In subsection (7)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
in paragraph (b) for the words from “subsections” to “them” substitute “ subsection (6) ”.
Section 44 (calculation of basic amount of tax by major precepting authority) is amended as follows.
In the heading at the end insert “ by authorities in Wales ”.
In subsection (1) after “major precepting authority” insert “ in Wales ”.
Omit subsection (3).
In subsection (4) omit “or subsection (3) above”.
In each of subsections (4) and (5) for “Secretary of State” substitute “ Welsh Ministers ”.
In section 45(2) (additional calculation where special items relate to part only of area)-
in the definition of item B after “under” insert “ section 42B(1) above or ”, and
in the definition of item T after “item T” insert “ in section 42B(1) above or ”.
In section 46(1) (special item for the purposes of section 34) after “under” insert “ section 42A(2) above or ”.
In section 47(1) (calculation of tax for different valuation bands) in the definition of “item A” after the first “under” insert “ section 42B(1) above or ”.
Section 48 (calculation of amount payable by each billing authority) is amended as follows.
In subsection (1A) in the definition of item T for “33(1)” substitute “ 31B(1) ”.
In subsection (2)—
for “44(1) or” substitute “ 42B(1) or (as the case may be) 44(1) above or under section ”, and
in the definition of item T after the second “in” insert “ section 31B(1) or (as the case may be) ”.
In subsection (3) for “44(1) or” substitute “ 42B(1) or 44(1) above or under section ”.
Section 49 (substitute calculations) is amended as follows.
In subsection (1) before paragraph (a) insert—.
In subsection (1A) before paragraph (a) insert—.
In subsection (2)—
before paragraph (a) insert—,
in paragraph (a) for “other than the Greater London Authority” substitute “ in Wales ”,
in paragraph (aa)(i) for “budget” substitute “ council tax ”, and
in paragraph (b) for “subsection (3) or (3A) below” substitute “ whichever of subsections (2A), (3) and (3A) below is applicable to it ”.
After that subsection insert—
In subsection (3) for “the authority” substitute “ an authority in Wales ”.
In subsection (3A)—
for “authority” substitute “ Greater London Authority ”, and
omit “P1 or” and “item P2 or”.
Omit subsections (4A) to (4C).
Before subsection (5) insert—
Section 50 (calculation of budget requirement by major precepting authorities) is amended as follows.
In the heading at the end insert “ by authorities in Wales ”.
In subsection (1) after “local precepting authority” insert “ in Wales ”.
In section 65(4)(a) (duty to consult ratepayers: timing) after “under” insert “ section 31A above or ”.
In section 66(2)(c) (matters that may not be questioned except by an application for judicial review)—
for “32” substitute “ 31A ”, and
for “43” substitute “ 42A ”.
Section 67 (functions to be discharged only by authority) is amended as follows.
In subsection (2)(b)—
for “32” substitute “ 31A ”, and
for “43” substitute “ 42A ”.
In subsection (2A)—
before paragraph (a) insert—, and
after paragraph (b) insert—.
In subsection (3) for “(2)(c)” substitute “ (2)(ba) or (c) ”.
In section 69 (interpretation of Part 1) omit subsection (2A).
Environment Act 1995 (c. 25)
In section 71(6) of the Environment Act 1995 (National Park authorities to be levying bodies) for the words from “32 or 43” to the end substitute “ 31A or 42A (calculation of council tax requirement by authorities in England) or section 32 or 42 (calculation of budget requirement by authorities in Wales) of the Local Government Finance Act 1992. ”
Police Act 1996 (c. 16)
In section 41(1) of the Police Act 1996 (directions as to minimum budget) for the words from “budget requirement” to “Act 1992)” substitute “ council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act) for any financial year ”.
Greater London Authority Act 1999 (c. 29)
The Greater London Authority Act 1999 is amended as follows.
In section 87 (procedure for determining the budget requirement) for “budget” in each place (including the heading) substitute “ council tax ”.
Section 95 (minimum budget for Metropolitan Police Authority) is amended as follows.
In each of the following provisions for “budget” substitute “ council tax ”
subsection (1),
subsection (2),
subsection (5)(a), and
subsection (7)(b) (in both places).
In subsection (8) omit “P1 or” and “item P2 or”.
Omit subsections (9) to (11).
In section 97 (emergencies and disasters) in both of the following provisions for “budget” substitute “ council tax ”
subsection (1)(b), and
subsection (2)(b).
In section 99—
at the appropriate place insert “BID levy” has the same meaning as in Part 4 of the Local Government Act 2003; ”,
in each of the definitions of “component budget requirement” and “consolidated budget requirement” for “budget” substitute “ council tax ”, and
omit the definitions of “police grant” and “relevant special grant”.
In section 102(2) (distribution of grants between authority and functional bodies)—
omit paragraph (c), and
at the end of paragraph (g) (but not as part of that paragraph) insert “ and which are credited to a revenue account for the year in accordance with proper practices. ”
In Schedule 6 (procedure for determining the Authority's consolidated budget requirement) in each of the following provisions for “budget” in each place substitute “ council tax ”
the Schedule heading,
paragraph 1(2)(a) and (3)(a) and (b),
paragraph 5A(1), (2)(a), (3) to (5), (6)(b), (7) to (9) and (12) (but not in “the draft component budget for the body”),
paragraph 7(2) to (4), and
paragraph 8A(1), (2)(a), (3) to (5), (6)(b), (7), (8) and (10) (but not in “the final draft budget”).
In Schedule 7 (procedure for making of substitute calculations by the Authority) in each of following provisions for “ budget ” substitute “council tax”
paragraph 4A(1), (2)(a), (3), (5) to (9) and (11)(c) (but not in “the first draft component budget for the body”), and
paragraph 7A(1), (2)(a), (3), (5) to (9) and (11).
Local Government Act 2003 (c. 26)
The Local Government Act 2003 is amended as follows.
In section 25(1) (budget calculation: report on robustness of estimates etc) for “32” substitute “ 31A, 32, 42A ”.
In section 26(1) (minimum reserves)—
in paragraph (a)—
after “section” insert “ 31A or ”, and
after the second “of” insert “ council tax or ”, and
in paragraph (b) after “section” insert “ 42A or ”.
In section 27(1) (budget calculation: report on inadequacy of controlled reserve) for “32” substitute “ 31A, 32, 42A ”.
Section 28 (budget monitoring: general) is amended as follows.
In subsection (1) for “32” substitute “ 31A, 32, 42A ”.
In subsection (4)—
for “32(4)” substitute “ 31A(4), 32(4), 42A(4) ”, and
before “budget” insert “ council tax or ”.
London Local Authorities Act 2004 (2004 c. i)
In section 23 of the London Local Authorities Act 2004 (Greater London Magistrates' Courts Authority) for “33” substitute “ 31B ”.
Local Government and Public Involvement in Health Act 2007 (c. 28)
The Local Government and Public Involvement in Health Act 2007 is amended as follows.
In section 24(1)(d) (authorities dissolved by orders: control of reserves) for “32(3) or 43(3)” substitute “ 31A(3) or 42A(3) ”.
In section 25(1)(a) (directions: further provisions about reserves) for “32(3) or 43(3)” substitute “ 31A(3) or 42A(3) ”.
Section 28 (contraventions of direction) is amended as follows.
In subsection (5) for “32(3)” substitute “ 31A(3) ”.
In subsection (6) for “43(3)” substitute “ 42A(3) ”.
Police Reform and Social Responsibility Act 2011 (c. 13)
The Police Reform and Social Responsibility Act 2011 is amended as follows.
In section 18(7)(f) (function of calculating budget requirement may not be delegated by police and crime commissioner)—
after “calculating a” insert “ council tax requirement or a ”, and
after “section” insert “ 42A or ”.
In section 22(2) (minimum budget for police and crime commissioner: amendments to section 41(1) of the Police Act 1996) for paragraph (c) substitute—
Regional strategies: consequential amendments
Town and Country Planning Act 1990 (c. 8)
In Schedule 1 to the Town and Country Planning Act 1990 (local planning authorities: distribution of functions) in paragraph 7—
omit sub-paragraphs (2)(a), (3) and (5)(a),
in sub-paragraph (7)(a) for the words from “the responsible regional authorities” to “(the consulted body)” substitute “ the county planning authority ”,
in sub-paragraphs (7)(b) and (8) for “the consulted body” in each place substitute “ the county planning authority ”, and
omit sub-paragraphs (9), (10)(b) and (11).
Regional Development Agencies Act 1998 (c. 45)
In the Regional Development Agencies Act 1998 omit section 7 (regional strategy).
Greater London Authority Act 1999 (c. 29)
The Greater London Authority Act 1999 is amended as follows.
In section 337(6)(a) (conflict between regional spatial strategy and spatial development strategy) omit “or the regional spatial strategy for a region which adjoins Greater London”.
In section 342(1) (matters to which the Mayor is to have regard)—
omit paragraph (a), and
in paragraph (b) omit “other”.
In Schedule 10 (Transport for London) in paragraph 2—
omit sub-paragraph (3A), and
in sub-paragraph (8) omit the definition of “regional planning body” and “region”.
Planning and Compulsory Purchase Act 2004 (c. 5)
The Planning and Compulsory Purchase Act 2004 is amended as follows.
In section 15(3) (preparation of local development scheme) omit paragraph (c).
In section 19(2) (preparation of local development documents) omit paragraphs (b) and (d).
Section 24 (conformity with regional strategy) is amended as follows.
In the heading for “regional strategy” substitute “ spatial development strategy ”.
In subsection (1) omit paragraph (a).
In section 28 (joint local development documents) omit subsection (4).
In section 37 (interpretation) omit subsections (6) and (6A).
In section 38(3) (development plan for areas in England outside Greater London) in paragraph (a) after “situated” insert “ (if there is a regional strategy for that region) ”.
Omit section 38(3)(a).
Section 45 (simplified planning zones) is amended as follows.
Before subsection (1) insert—
In subsection (1) for “the principal Act” substitute “ that Act ”.
In the text to be inserted by subsection (2), in subsection (1A)—
omit paragraph (a), and
in paragraph (b) omit “in Wales”.
In the text to be inserted by subsection (3)—
in subsection (2)(b) omit—
“the Secretary of State or”, and
“(as the case may be)”,
in subsection (2A) omit paragraph (b), and
omit subsection (2B).
Omit subsection (4).
In the text to be inserted by subsection (9)—
in sub-paragraph (1A)—
omit paragraph (a), and
in paragraph (b) omit “in Wales”,
in sub-paragraph (1B) omit—
“the Secretary of State or”, and
“(as the case may be)”, and
in sub-paragraph (1C) omit—
“Secretary of State or the”, and
“(as the case may be)”.
In section 62(5) (preparation of local development plan) omit paragraph (c).
In section 78 (interpretation of Part 6) omit subsection (5).
Section 113 (validity of strategies, plans and documents) is amended as follows.
In subsection (1)—
omit paragraph (a), and
in the words following paragraph (g) for “(a)” substitute “ (b) ”.
In subsection (9) omit paragraph (a).
In subsection (11) omit paragraph (a).
Omit subsection (12).
Local Democracy, Economic Development and Construction Act 2009 (c. 20)
In section 70(5) (which provides for how a regional strategy is to be interpreted) for “the regional strategy” insert “ a regional strategy under this Part ”.
In section 82(2) (during the interim period, a regional strategy does not include the regional economic strategy) for the words after “For the purposes of that section,” substitute “ a regional strategy under this Part is to be regarded as consisting solely of the regional spatial strategy under section 1 of the Planning and Compulsory Purchase Act 2004 that subsisted for the region concerned immediately before 1 April 2010. ”
Marine and Coastal Access Act 2009 (c. 23)
In Schedule 6 to the Marine and Coastal Access Act 2009, in paragraph 1—
in sub-paragraph (2) omit paragraph (e), and
in sub-paragraph (3) omit the definition of “responsible regional authorities”.
Neighbourhood planning
Neighbourhood development orders
The Town and Country Planning Act 1990 is amended as follows.
After section 61D insert—
In section 5(3) (provisions for the purposes of which the Broads Authority are the sole district planning authority)—
after “sections” insert “ 61E to 61Q, ”, and
at the end insert “ and Schedules 4B and 4C ”.
In Schedule 1 (local planning authorities: distribution of functions), after paragraph 6 insert—
Neighbourhood development plans
The Planning and Compulsory Purchase Act 2004 is amended as follows.
In section 38 (development plan)—
in subsection (2), omit the “and” at the end of paragraph (a) and at the end of paragraph (b) insert,
in subsection (3), at the end of paragraph (b) insert,
in subsection (5), for “to be adopted, approved or published (as the case may be)” substitute “ to become part of the development plan ”, and
at the end insert—
After that section insert—
Process for making of neighbourhood development orders
This is the Schedule to be inserted as Schedule 4B to the Town and Country Planning Act 1990—
Neighbourhood planning: community right to build orders
This is the Schedule to be inserted as Schedule 4C to the Town and Country Planning Act 1990—
Neighbourhood planning: consequential amendments
Town and Country Planning Act 1990
The Town and Country Planning Act 1990 is amended as follows.
In section 56(3) (time when development begun)—
after “sections” insert “ 61L(5) and (7), ”, and
for “and 94” substitute “ , 94 and 108(3E)(c)(i) ”.
In section 57(3) (extent of permission granted by development order), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
In section 58(1)(a) (grant of planning permission by development order), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
In section 62 (applications for planning permission), after subsection (2) insert—
In section 65 (notice etc of applications for planning permission), after subsection (3) insert—
Section 69 (register of applications etc) is amended as follows.
In subsection (1), after paragraph (c) insert—.
In subsection (2)(b), after “order” insert “ , neighbourhood planning matter ”.
After subsection (2) insert—
After subsection (2) insert—
After subsection (3) insert—
In section 74 (directions etc as to method of dealing with applications), after subsection (1) insert—
In section 77(1) (certain applications to be referred to the Secretary of State), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
In section 78(1)(c) (right of appeal in relation to certain planning directions), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
In section 88(9) (grant of planning permission in enterprise zone), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
In section 91(4)(a) (no limit to duration of planning permission granted by development order), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
In section 94(1) (termination of planning permission by reference to time limit: completion notices), at the end of paragraph (c) insert
Section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order or local development order) is amended as follows.
In subsection (1)—
in paragraph (a), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”, and
in the words after paragraph (b), for “or a local development order” substitute “ , the local development order or the neighbourhood development order ”.
In subsection (2), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
In subsection (3B), at the end insert—
After subsection (3D) insert—
In the title, for “or a local development order” substitute “ , local development order or neighbourhood development order ”.
In section 109(6) (apportionment of compensation for depreciation), in the definition of “relevant planning permission”, for “or a local development order” substitute “ , the local development order or the neighbourhood development order ”.
In section 171H(1)(a) (temporary stop notice: compensation), for “a development order or local development order” substitute “ by a development order, a local development order or a neighbourhood development order ”.
In section 197 (planning permission to include appropriate provision for preservation and planting of trees), at the end insert—
In section 253(2)(c) (cases in which certain procedures may be carried out in anticipation of planning permission), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.
In section 264(5) (land treated not as operational land)—
in paragraph (b), omit “or a local development order”, and
after paragraph (c) (but before the “or” at the end of the paragraph) insert—.
Section 324 (rights of entry) is amended as follows.
In subsection (1), after paragraph (a) insert—.
After that subsection insert—
Section 333 (regulations and orders) is amended as follows.
In subsection (3) (regulations to be subject to annulment) after “except regulations under section 88” insert “ or paragraph 15(5) or 16 of Schedule 4B ”.
After that subsection insert—
In paragraph 1A of Schedule 13 (blighted land: land allocated for public authority functions in development plans etc)—
after “for the area in which the land is situated” insert “ or by a neighbourhood development plan for the area in which the land is situated ”,
after Note (2) insert—, and
after Note (5) insert—
Planning (Listed Buildings and Conservation Areas) Act 1990
The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.
In section 66 (general duty as respects listed buildings in exercise of planning functions), at the end insert—
In section 72 (general duty as respects conservation areas in exercise of planning functions), at the end insert—
Planning and Compulsory Purchase Act 2004
The Planning and Compulsory Purchase Act 2004 is amended as follows.
In section 18 (statement of community involvement), after subsection (2) insert—
In section 40(2) (local development orders), omit paragraphs (b) to (k).
In section 116(2)(b) (Isles of Scilly), after “Part 2” insert “ or 3 ”.
Housing and Regeneration Act 2008
In section 13(5) of the Housing and Regeneration Act 2008 (power of Secretary of State to make designation orders)—
in paragraph (a) of the definition of “local planning authority”, after “Part 2” insert “ or 3 ”, and
in paragraph (c) of the definition of “permitted purposes”, after “Part 2” insert “ or 3 ”.
Infrastructure Planning Commission: transfer of functions to Secretary of State
Amendments of the Planning Act 2008
Introductory
The Planning Act 2008 is amended as follows.
Abolition of Infrastructure Planning Commission
Fees
Amend section 4 (regulations setting fees for performance of Commission's functions) as follows.
In subsection (1) for “charging of fees by the Commission in connection with the performance of any of its functions” substitute “ charging of fees by the Secretary of State in connection with the performance of any of the Secretary of State's major-infrastructure functions ”.
In subsection (3) (power to set fees calculated by reference to costs incurred)—
for “incurred by the Commission” substitute “ incurred by the Secretary of State ”, and
for “its functions” (in both places) substitute “ the Secretary of State's major-infrastructure functions ”.
After subsection (3) insert—
In the heading of Part 1 for “The Infrastructure Planning Commission” substitute “ Infrastructure planning: fees ”.
Directions referring applications for other consents to Commission
In section 35(6) (relevant authority must refer application to Commission) for “Commission” substitute “ Secretary of State ”.
Applications for orders granting development consent
Amend section 37 (applications to be made to Commission, which may give guidance about their contents and set standards for them) as follows.
For “Commission” (in each place) substitute “ Secretary of State ”.
In subsection (6) for “it” substitute “ the Secretary of State ”.
Model provisions for incorporation in draft orders
Omit section 38 (Secretary of State may prescribe non-compulsory model provisions).
Register of applications
Amend section 39 (Commission to maintain and give access to register of applications) as follows.
For “Commission” (in each place) substitute “ Secretary of State ”.
In subsections (1) and (2) for “it” substitute “ the Secretary of State ”.
Notification of proposed application
Amend section 46 (duty to notify Commission of proposed application) as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the heading for “Commission” substitute “ Secretary of State ”.
Guidance about pre-application procedure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Advice for potential applicants and others
Section 51 (giving of advice by Commission and disclosure of advice and requests for advice) is amended as follows.
In subsection (1) for “The Commission may give advice to an applicant or potential applicant, or to others,” substitute “ This section applies to advice ”.
For subsections (2) to (4) substitute—
Information about, and entry onto, land
Amend section 53 (rights of entry) as follows.
In subsections (1) ... (Commission may authorise entry) for “Commission” (in each place) substitute “ Secretary of State ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acceptance of applications
Amend section 55 (acceptance by Commission of applications) as follows.
For “Commission” (in each place) substitute “ Secretary of State ”.
In subsections (2), (4) and (6) for “it” (in each place) substitute “ the Secretary of State ”.
In subsection (7)—
for “it cannot accept the application, it” substitute “ the application cannot be accepted, the Secretary of State ”, and
in paragraph (b) for “its” substitute “the Secretary of State's”.
In section 56 (if Commission accepts application, applicant to notify deadline for receipt by Commission of representations) for “Commission” (in each place) substitute “ Secretary of State ”.
Amend section 60 (Commission's duty to seek local impact reports) as follows.
For “Commission” (in each place) substitute “ Secretary of State ”.
In subsection (2) for “to it” substitute “ to the Secretary of State ”.
Deciding how application is to be handled
Amend section 61 (initial choice of Panel or single Commissioner) as follows.
In subsection (1) (which refers to acceptance of an application by the Commission) for “Commission” substitute “ Secretary of State ”.
For subsections (2) to (5) (person appointed to chair Commission must make initial choice after consultation within the Commission and having regard to Secretary of State's guidance) substitute—
In the heading for “Commissioner” substitute “ appointed person ”.
Amend section 62 (switching from single Commissioner to Panel) as follows.
In subsection (1), and in the heading, for “Commissioner” substitute “ appointed person ”.
For subsections (2) to (5) (person appointed to chair Commission may make switch after consultation within the Commission and having regard to the Secretary of State's guidance) substitute—
Delegation of functions conferred on person appointed to chair Commission
Omit section 63 (power for Commission's chair to delegate functions under Part 6 to a deputy).
Handling of applications by a Panel
In section 64(1)(a) (which refers to an application accepted by the Commission) for “Commission” substitute “ Secretary of State ”.
Amend section 65 (appointment of members, and lead member, of Panel) as follows.
For subsection (1) (Commission chair must appoint Panel and Panel chair) substitute—
Omit subsections (3) to (5) (self-appointments, and duty to consult within the Commission before making appointments).
Amend section 66 (ceasing to be member, or lead member, of Panel) as follows.
Omit subsection (1) (generally, person ceases to be Panel member on ceasing to be a Commissioner).
In subsections (3) and (4) (member, or lead member, may resign by notice to Commission) for “Commission” substitute “ Secretary of State ”.
In subsection (5) (Commission chair may remove Panel member or lead member)—
for “person appointed to chair the Commission (“the chair”)” substitute “ Secretary of State ”, and
in paragraphs (a) and (b) for “chair” substitute “ Secretary of State ”.
Omit section 67 (Panel member continuing though ceasing to be Commissioner).
Amend section 68 (additional appointments to Panel) as follows.
For subsection (2) (Commission chair may appoint additional Panel member) substitute—
In subsection (3) (Commission chair must ensure Panel continues to have at least three members) for “person appointed to chair the Commission” substitute “Secretary of State
Omit subsection (5) (self-appointments).
Amend section 69 (replacement of lead member of Panel) as follows.
In subsection (2) (Commission chair must make appointment to fill vacancy in office of lead member) for “person appointed to chair the Commission” substitute “ Secretary of State ”.
Omit subsection (4) (self-appointments).
Omit section 70 (membership of Panel where application relates to land in Wales).
Amend section 71 (supplementary provision where Panel replaces single Commissioner) as follows.
In subsection (2) (single Commissioner may be appointed member, or member and lead member, of Panel) for “A Commissioner who has handled the application under Chapter 3” substitute “ An appointed person ”.
In subsection (3) (power to treat things done by or to single Commissioner as done by or to Panel) for “a Commissioner” substitute “ an appointed person ”.
After subsection (4) insert—
In the heading for “Commissioner” substitute “ appointed person ”.
Amend section 74 (Panel to decide, or make recommendations in respect of, application) as follows.
Omit subsection (1) (cases in which Panel has function of deciding application).
In subsection (2) (cases in which Panel has function of examining application and reporting on it to the Secretary of State) for “In any other case, the Panel” substitute “ The Panel ”.
Omit subsection (4) (duty of Commission staff to give support to Panel).
Single-Commissioner procedure to become single-appointed-person procedure
Amend section 78 (single Commissioner to handle application) as follows.
In subsection (1)(a) (which refers to an application accepted by the Commission) for “Commission” substitute “ Secretary of State ”.
In subsection (1)(b) (which refers to decision that application be handled by a single Commissioner) for “Commissioner” substitute “ appointed person ”.
In subsection (2) (meaning of “the single Commissioner”) for “Commissioner” substitute “ appointed person ”.
In the heading, and in the italic heading immediately preceding the section, for “Commissioner” substitute “ appointed person ”.
In the heading of Chapter 3 of Part 6 for “single-Commissioner” substitute “ single-appointed-person ”.
For section 79 (Commission chair must appoint single Commissioner) substitute—
Amend section 80 (person ceasing to be single Commissioner) as follows.
Omit subsection (1) (generally, person ceases to be single Commissioner on ceasing to be a Commissioner).
In subsection (2) (single Commissioner may resign by notice to Commission)—
for “Commissioner” substitute “ appointed person ”, and
for “Commission” substitute “ Secretary of State ”.
In subsection (3) (Commission chair may remove single Commissioner)—
for “person appointed to chair the Commission (“the chair”)” substitute “ Secretary of State ”,
for “Commissioner” (in both places) substitute “ appointed person ”, and
for “if the chair” substitute “ if the Secretary of State ”.
In the heading for “Commissioner” substitute “ appointed person ”.
Omit section 81 (single Commissioner continuing though ceasing to be Commissioner).
In section 82 (appointment of replacement single Commissioner) for “Commissioner” (in each place, including in the heading) substitute “ appointed person ”.
Amend section 83 (single Commissioner to examine and report on application) as follows.
In subsections (1) and (3), in the heading, and in the italic heading immediately preceding the section, for “Commissioner” (in each place, including in the word “Commissioner's”) substitute “ appointed person ”.
In subsection (1)(b) (duty to make report) after “making a report” insert “ to the Secretary of State ”.
Omit subsection (2) (report to be made to the Commission in some cases and to the Secretary in other cases).
Omit subsection (4) (duty of Commission staff to support single Commissioner).
Examination of applications
In section 86 (Chapter applies to examination by Panel or single Commissioner), and in its heading, for “Commissioner” (in each place) substitute “ appointed person ”.
Omit section 87(2)(b) (Examining authority to have regard to guidance given by Secretary of State or Commission).
In section 92 (notifying Commission that compulsory acquisition hearing wanted) for “Commission” (in each place) substitute “ Secretary of State ”.
In section 93 (notifying Commission that open-floor hearing wanted) for “Commission” (in both places) substitute “ Secretary of State ”.
In section 94(2)(b) (Panel member or single Commissioner to preside over hearing) for “Commissioner” substitute “ appointed person ”.
After section 95 insert—
In section 96(1)(c) (which refers to representations received by the Commission) for “Commission” substitute “ Secretary of State ”.
Amend section 98 (timetable for examining, and reporting on, application) as follows.
In subsection (3) (deadline for making report to Secretary of State) for the words from the beginning to “its report” substitute “ The Examining authority is under a duty to make its report under section 74(2)(b) or 83(1)(b) ”.
In subsection (4) (Commission chair may extend deadlines under the section) for “person appointed to chair the Commission” substitute “ Secretary of State ”.
For subsection (6) (extensions of deadlines to be reported to Secretary of State and in Commission's annual report) substitute—
Amend section 100 (Commission chair may appoint assessors at request of Examining authority) as follows.
In subsection (1) for “person appointed to chair the Commission (“the chair”)” substitute “ Secretary of State ”.
In subsection (2) for “chair” substitute “ Secretary of State ”.
In section 101(1) (Commission chair may appoint lawyer to assist Examining authority) for “person appointed to chair the Commission” substitute “ Secretary of State ”.
In section 102(4) (meaning of “relevant representation”) for “Commission” (in each place) substitute “ Secretary of State ”.
Decisions on applications
Amend section 103 as follows.
In subsection (1) (cases where Secretary of State is the decision-maker) omit the words after “consent”.
Omit subsection (2) (meaning in Act of “decision-maker”).
For the heading substitute “ Secretary of State is to decide applications ”.
Amend section 104 (decisions of Panel and Council) as follows.
In subsection (1) for “the decision-maker is a Panel or the Council” substitute “ a national policy statement has effect in relation to development of the description to which the application relates ”.
In subsection (2)—
for “Panel or Council” (in both places) substitute “ Secretary of State ”,
in paragraph (b) for “Commission” substitute “ Secretary of State ”, and
in paragraph (d) for “its” substitute “the Secretary of State's”.
In subsections (3) and (4) for “Panel or Council” substitute “ Secretary of State ”.
In subsection (5)—
for “Panel or Council is” substitute “ Secretary of State is ”, and
for “Panel or Council, or the Commission, being in breach of any duty imposed on it” substitute “ Secretary of State being in breach of any duty imposed on the Secretary of State ”.
In subsections (6), (7) and (8) for “Panel or Council” substitute “ Secretary of State ”.
For the heading substitute “ Decisions in cases where national policy statement has effect ”
Amend section 105 (decisions of Secretary of State) as follows.
In subsection (1) for “if the decision-maker is the Secretary of State” substitute “ if section 104 does not apply in relation to the application ”.
In subsection (2)(a) (which refers to reports submitted to the Commission) for “Commission” substitute “ Secretary of State ”.
For the heading substitute “ Decisions in cases where no national policy statement has effect ”.
In section 106(1) (representations which decision-maker may disregard) for “decision-maker” (in both places) substitute “ Secretary of State ”.
Section 107 (timetable for decisions) is amended as follows.
In subsection (1) (deadline for deciding application)—
for “decision-maker” substitute “ Secretary of State ”, and
for “day after the start day” substitute “ deadline under section 98(3) ”.
Omit subsection (2) (meaning of “the start day”).
In subsection (3) (extension of deadline) for “appropriate authority” substitute “ Secretary of State ”.
Omit subsection (4) (meaning of “appropriate authority”).
For subsections (6) to (9) (publicising deadline extensions) substitute—
Suspension of decision-making process
In section 108(2) (suspension of proceedings on application) for the words from “the following” to the end substitute “ examination of the application by a Panel under Chapter 2, or a single appointed person under Chapter 3, is suspended (if not already completed). ”
Intervention by Secretary of State
Grant or refusal
Section 114 (decision-maker to grant or refuse consent) is amended as follows.
In subsection (1)—
for “it” substitute “ the Secretary of State ”, and
for “decision-maker” substitute “ Secretary of State ”.
In subsection (2) for “decision-maker” substitute “ Secretary of State ”.
Omit section 115(6) (Panel or Council to have regard to Secretary of State's guidance in deciding whether development is associated).
Amend section 116 (reasons) as follows.
In subsection (1)—
for “decision-maker” substitute “ Secretary of State ”, and
for “its” substitute “the Secretary of State's”.
In subsection (2) for “appropriate authority” substitute “ Secretary of State ”.
In subsection (3)—
for “appropriate authority” substitute “ Secretary of State ”, and
for “the authority” substitute “ the Secretary of State ”.
Omit subsection (4) (meaning of “appropriate authority”).
Amend section 117 (orders granting consent: formalities) as follows.
Omit subsections (2) and (5) (orders made by Panel or Council).
In subsection (3) (duty to publish order)—
for “appropriate authority” substitute “ Secretary of State ”, and
for “the authority” substitute “ the Secretary of State ”.
For subsection (4) (order exercising powers under section 120(5)(a) or (b) must be in statutory instrument) substitute—
In subsection (6) for “is made, the appropriate authority” substitute “ containing the order is made, the Secretary of State ”.
Omit subsection (7) (meaning of “appropriate authority”).
Amend section 118 (legal challenges) as follows.
In subsection (3) (challenges to Commission decision not to accept application) for “Commission” (in both places) substitute “ Secretary of State ”.
In subsection (7) (other challenges to things done by Secretary of State or Commission) omit “or the Commission”.
Orders granting development consent
Amend section 120 (what may be contained in order) as follows.
In subsection (5)(b) and (c) (order may contain provision that appears necessary or expedient to decision-maker) for “decision-maker” substitute “ Secretary of State ”.
For subsection (8) (order may not create offences or make byelaws or confer or amend power to do so) substitute—
Omit section 121 (Secretary of State's control of exercise of legislative powers by Panel or Council).
Omit section 124 (guidance to Panels and Council about authorising compulsory acquisition).
Amend section 127 (statutory undertakers' land) as follows.
In subsection (1)(c) (decision-maker must be satisfied as to use of land) for “decision-maker” substitute “ Secretary of State ”.
Omit subsection (7)(b) (Secretary of State to notify Commission).
Omit sections 131(10)(b) and 132(10)(b) (Secretary of State to notify Commission).
Amend section 136 (public rights of way) as follows.
In subsection (1) (decision-maker must be satisfied) for “decision-maker” substitute “ Secretary of State ”.
In subsections (4)(b) and (5) (revival of right extinguished in connection with abandoned acquisition proposal) for “appropriate authority” substitute “ Secretary of State ”.
Omit subsection (6) (meaning of “appropriate authority”).
In section 138(4)(a) (decision-maker must be satisfied) for “decision-maker” substitute “ Secretary of State ”.
Amend section 147 (Green Belt land) as follows.
In subsection (2) (decision-maker's duty to notify) for “decision-maker” substitute “ Secretary of State ”.
Omit subsection (3) (cases where Secretary of State not decision-maker).
In section 235(1) (interpretation of Act) omit the definitions of—“the Commission”,“Commissioner”,“the Council”, and“decision-maker”.
Amend Schedule 4 (corrections of errors in development consent decisions) as follows.
In paragraph 1(1)(a) for “decision-maker” substitute “ Secretary of State ”.
In paragraph 1(4), (5) and (7) for “appropriate authority” (in each place) substitute “ Secretary of State ”.
Omit paragraph 1(9) (instruments made by the Commission).
In paragraph 1(10) for “is made, the appropriate authority” substitute “ containing the order is made, the Secretary of State ”.
In paragraph 2 for “appropriate authority” (in each place) substitute “ Secretary of State ”.
In paragraph 2(4) (Secretary of State may specify other persons to whom correction notice is to be given) for the words after “may” substitute “ give the correction notice to persons other than those to whom sub-paragraph (3) requires it to be given. ”
In paragraph 4 omit the definition of “the appropriate authority”.
Amend Schedule 5 (provisions relating to, or to matters ancillary to, development) as follows.
In paragraph 18 (order granting development consent may make provision for or relating to charging tolls, fares and other charges) after “fares” insert “ (including penalty fares) ”.
After paragraph 32 insert—
Amend Schedule 6 (changes to, and revocation of, orders) as follows.
Omit paragraph 1(4) (meaning of “appropriate authority”).
Except in paragraphs 3(6) and (7) and 6(2), for “appropriate authority” (in each place) substitute “ Secretary of State ”.
In paragraph 2(1) for “it” substitute “ the Secretary of State ”.
In paragraph 2(4) for “Commission” substitute “ Secretary of State ”.
Omit paragraph 2(10) (instruments made by Commission).
In paragraph 2(11) after “instrument” insert “ containing the order ”.
Omit paragraph 3(6) (cases where Commission is appropriate authority).
In paragraph 3(7) for “Where the appropriate authority is the Secretary of State, the” substitute “ The ”.
Omit paragraph 4(8) (instruments made by Commission).
In paragraph 4(9) after “instrument” insert “ containing the order ”.
In paragraph 6(2) for the words after “payable to the person” substitute “ by the Secretary of State. ”
Other amendments
Parliamentary Commissioner Act 1967 (c. 13)
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit the entry for the Infrastructure Planning Commission.
House of Commons Disqualification Act 1975 (c. 24)
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Infrastructure Planning Commission.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Infrastructure Planning Commission.
Town and Country Planning Act 1990 (c. 8)
The Town and Country Planning Act 1990 is amended as follows.
In section 106A(11) (modification and discharge of planning obligations: meaning of “appropriate authority”)—
in paragraph (aa) (Secretary of State is appropriate authority in certain development consent cases) omit the words after “any development consent obligation”, and
omit paragraph (ab) (Commission is appropriate authority in all other development consent cases).
In section 106B(1) (planning obligation appeals otherwise than from Secretary of State or Commission) omit “or the Infrastructure Planning Commission”.
In section 106C (development consent obligations: legal challenges) omit “or the Infrastructure Planning Commission” (in both places).
Freedom of Information Act 2000 (c. 36)
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit the entry for the Infrastructure Planning Commission.
Government of Wales Act 2006 (c. 32)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grounds on which landlord may refuse to surrender and grant tenancies under section 158
Ground 1
This ground is that any rent lawfully due from a tenant under one of the existing tenancies has not been paid.
Ground 2
This ground is that an obligation under one of the existing tenancies has been broken or not performed.
Ground 3
This ground is that any of the relevant tenants is subject to an order of the court for possession of the dwelling-house let on that tenant's existing tenancy.
Ground 4
This ground is that either of the following conditions is met.
The first condition is that—
proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and
possession is sought on one or more of grounds 1 to 6 in Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which possession may be ordered despite absence of suitable accommodation).
The second condition is that—
a notice has been served on a relevant tenant under section 83 of that Act (notice of proceedings for possession), and
the notice specifies one or more of those grounds and is still in force.
Ground 4A
This ground is that either of the following conditions is met.
The first condition is that—
proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and
possession is sought under section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour).
The second condition is that—
a notice has been served on a relevant tenant under section 83ZA of that Act (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour), and
the notice is still in force.
Ground 5
This ground is that either of the following conditions is met.
The first condition is that—
proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and
possession is sought on one or more of the grounds in Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which the court may order possession)
The second condition is that—
a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and
the notice specifies one or more of those grounds and is still in force.
Ground 5A
This ground is that either of the following conditions is met.
The first condition is that—
proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and
possession is sought on ground 7A in Part 1 of Schedule 2 to the Housing Act 1988 (absolute ground for possession for anti-social behaviour).
The second condition is that—
a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and
the notice specifies ground 7A and is still in force.
Ground 6
This ground is that either of the following conditions is met.
The first condition is that a relevant order , a suspended anti-social behaviour possession order or a suspended riot-related possession order is in force in respect of a relevant tenant or a person residing with a relevant tenant.
The second condition is that an application is pending before any court for a relevant order, a demotion order , an anti-social behaviour possession order or a riot-related possession order to be made in respect of a relevant tenant or a person residing with a relevant tenant.
In this paragraph—a “relevant order” means—an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour), an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour), an injunction under section 153A, 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords), an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998, ... an injunction to which a power of arrest is attached by virtue of section 91 of the Anti-social Behaviour Act 2003 or section 27 of the Police and Justice Act 2006; an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, or a criminal behaviour order within the meaning given by section 330 of the Sentencing Code; An “anti-social behaviour possession order” means an order for possession under Ground 2 in Schedule 2 to the Housing Act 1985 or Ground 14 in Schedule 2 to the Housing Act 1988. a “demotion order” means a demotion order under section 82A of the Housing Act 1985 or section 6A of the Housing Act 1988; A “riot-related possession order” means an order for possession under Ground 2ZA in Schedule 2 to the Housing Act 1985 or Ground 14ZA in Schedule 2 to the Housing Act 1988.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ground 6A
This ground is that a dwelling-house let on an existing tenancy is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.
Ground 7
This ground is that the accommodation afforded by the dwelling-house proposed to be let on the new tenancy is substantially more extensive than is reasonably required by the existing tenant or tenants to whom the tenancy is proposed to be granted.
Ground 8
This ground is that the extent of the accommodation afforded by the dwelling-house proposed to be let on the new tenancy is not reasonably suitable to the needs of—
the existing tenant or tenants to whom the tenancy is proposed to be granted, and
the family of that tenant or those tenants.
Ground 9
This ground is that the dwelling house proposed to be let on the new tenancy meets both of the following conditions.
The first condition is that the dwelling-house—
forms part of or is within the curtilage of a building that, or so much of it as is held by the landlord—
is held mainly for purposes other than housing purposes, and
consists mainly of accommodation other than housing accommodation, or
is situated in a cemetery.
The second condition is that the dwelling-house was let to any tenant under the existing tenancy of that dwelling-house, or a predecessor in title of the tenant, in consequence of the tenant or the predecessor being in the employment of—
the landlord under the tenancy,
a local authority,
a development corporation,
a housing action trust,
an urban development corporation, or
the governors of an aided school.
Ground 10
This ground is that the landlord is a charity and the occupation of the dwelling-house proposed to be let on the new tenancy by the relevant tenant or tenants to whom the new tenancy is proposed to be granted would conflict with the objects of the charity.
Ground 11
This ground is that both of the following conditions are met.
The first condition is that the dwelling-house proposed to be let on the new tenancy has features that—
are substantially different from those of ordinary dwelling-houses, and
are designed to make it suitable for occupation by a physically disabled person who requires accommodation of the kind provided by the dwelling-house.
The second condition is that if the new tenancy were granted there would no longer be such a person residing in the dwelling-house.
Ground 12
This ground is that both of the following conditions are met.
The first condition is that the landlord is a housing association or housing trust which lets dwelling-houses only for occupation (alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to meet their need for housing.
The second condition is that, if the new tenancy were granted, there would no longer be such a person residing in the dwelling-house proposed to be let on the new tenancy.
Ground 13
This ground is that all of the following conditions are met.
The first condition is that the dwelling-house proposed to be let on the new tenancy is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs.
The second condition is that a social service or special facility is provided in close proximity to the group of dwelling-houses to assist persons with those special needs.
The third condition is that if the new tenancy were granted there would no longer be a person with those special needs residing in the dwelling-house.
Ground 14
This ground is that all of the following conditions are met.
The first condition is that—
the dwelling-house proposed to be let on the new tenancy is the subject of a management agreement under which the manager is a housing association, and
at least half the members of the association are tenants of dwelling-houses subject to the agreement.
The second condition is that at least half the tenants of the dwelling-houses are members of the association.
The third condition is that no relevant tenant to whom the new tenancy is proposed to be granted is, or is willing to become, a member of the association.
References in this paragraph to a management agreement include a section 247 or 249 arrangement as defined by 250A(6) of the Housing and Regeneration Act 2008.
Abolition of Housing Revenue Account subsidy in England
Part 6 of the Local Government and Housing Act 1989 (housing finance) is amended as follows.
Section 79 (Housing Revenue Account subsidy) is amended as follows.
In subsection (1) after “local housing authorities” insert “ in Wales ”.
In subsection (2) for “appropriate person” in both places substitute “ Welsh Ministers ”.
Section 80 (calculation of Housing Revenue Account Subsidy) is amended as follows.
In subsection (1)—
after “local housing authority” insert “ in Wales ”, and
for “appropriate person” substitute “ Welsh Ministers ”.
In subsection (1A)(b)—
in sub-paragraph (i) for “appropriate person” in both places substitute “ Welsh Ministers ”, and
in sub-paragraph (ii)—
for “appropriate person's” substitute “Welsh Ministers'”, and
for “appropriate person” substitute “ Welsh Ministers ”.
In subsection (3)—
in the opening words for “appropriate person” substitute “ Welsh Ministers ”,
in the opening words for “he considers” substitute “ they consider ”,
in paragraph (b) for “appropriate person” substitute “ Welsh Ministers ”, and
in paragraph (c) for “he thinks” substitute “ the Welsh Ministers think ”.
In subsection (4)—
in the opening words for “(or each authority in England or in Wales)” substitute “ in Wales ”,
in paragraph (a)—
for the “appropriate person considers” substitute “ Welsh Ministers consider ”, and
for “(or all of the authorities in England or Wales)” substitute “ in Wales ”, and
in paragraph (b)—
for “them” substitute “ the authorities ”,
for the “appropriate person considers” substitute “ Welsh Ministers consider ”,
for “he thinks” substitute “ the Welsh Ministers think ”,
for “their” substitute “the authorities'”, and
for “they” substitute “ the authorities ”.
In subsection (5) for “appropriate person's” substitute “Welsh Ministers'”.
In subsection (6)—
for “appropriate person” substitute “ Welsh Ministers ”,
for “him” substitute “ them ”, and
for “he thinks” substitute “ they think ”.
Section 80ZA (negative amounts of subsidy payable to appropriate person) is amended as follows.
In the heading for “appropriate person” substitute “ Welsh Ministers ”.
In subsection (1)(b) for “appropriate person” substitute “ Welsh Ministers ”.
In subsection (2)—
for “appropriate person” substitute “ Welsh Ministers ”,
for “him” substitute “ them ”, and
for “he” substitute “ they ”.
In subsection (3) for “appropriate person” substitute “ Welsh Ministers ”.
In subsection (4)—
for “appropriate person” substitute “ Welsh Ministers ”,
for “he” substitute “ the Welsh Ministers ”, and
for “him” substitute “ the Welsh Ministers ”.
In subsection (5)—
for “appropriate person” substitute “ Welsh Ministers ”, and
for “him” in both places substitute “ the Welsh Ministers ”.
Section 80A (final decision on amount of Housing Revenue Account subsidy) is amended as follows.
In subsection (1)—
after the first “authority” insert “ in Wales ”,
for “Secretary of State” substitute “ Welsh Ministers ”,
for “he thinks” substitute “ they think ”, and
for “his” substitute “ their ”.
In subsection (1A) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (1B)—
in paragraph (a) for “Secretary of State” substitute “ Welsh Ministers ”,
in paragraph (c) for “Secretary of State has” substitute “ Welsh Ministers have ”, and
in paragraph (d) for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (1C) for “Secretary of State” in both places substitute “ Welsh Ministers ”.
In subsection (1D) for “Secretary of State” in both places substitute “ Welsh Ministers ”.
In subsection (4)—
for “Secretary of State” substitute “ Welsh Ministers ”, and
for “he thinks” substitute “ they think ”.
In subsection (5) for “Secretary of State” substitute “ Welsh Ministers ”.
Section 80B (agreements to exclude certain authorities or property) is amended as follows.
In subsection (1) for “appropriate person” substitute “ Welsh Ministers ”.
In subsection (3)—
in paragraph (b) for “appropriate person” in both places substitute “ Welsh Ministers ”, and
in paragraph (e) for “appropriate person” substitute “ Welsh Ministers ”.
In subsection (4) for “appropriate person” substitute “ Welsh Ministers ”.
Section 85 (power to obtain information) is amended as follows.
In subsection (1)—
after “authority” in both places insert “ in Wales ”,
for “Secretary of State” in both places substitute “ Welsh Ministers ”,
for “he” substitute “ the Welsh Ministers ”,
for “his” substitute “ their ”, and
omit “or 83”.
In subsection (2)—
for “Secretary of State” substitute “ Welsh Ministers ”,
for “him” substitute “ them ”, and
for “he” substitute “ they ”.
In subsection (3)—
for “Secretary of State” substitute “ Welsh Ministers ”,
for the first “he” substitute “ the Welsh Ministers ”,
for “his” substitute “ their ”,
omit “or 83”, and
for “he sees” substitute “ they see ”.
In section 86(1) (recoupment of subsidy in certain cases)—
omit “or residual debt subsidy”,
for “Secretary of State” substitute “ Welsh Ministers ”,
for “him” substitute “ them ”, and
for “he” in each place substitute “ they ”.
Section 88 (construction and application of Part 6) is amended as follows.
Omit subsection (2).
In subsection (3) omit “Subject to subsection (2) above,”.
Omit subsections (4) and (5).
Schedule 4 (the keeping of the Housing Revenue Account) is amended as follows.
In Part 2 (debits to the account) in Item 5 (sums payable under section 80ZA) for “the Secretary of State, or the National Assembly for Wales,” substitute “ the Welsh Ministers ”.
In Part 3 (special cases) in paragraph 2(1) (credit balance where no HRA subsidy payable) after “authority” insert “ in Wales ”.
Transfer of functions from the Office for Tenants and Social Landlords to the Homes and Communities Agency
Amendments to the Housing and Regeneration Act 2008
The Housing and Regeneration Act 2008 is amended as follows.
In section 2 (the HCA: objects) after subsection (1) insert—
In section 4 (powers of the HCA: general) in subsection (6) for the “and” at the end of paragraph (a) substitute—.
Section 31 (duties in relation to social housing) is amended as follows.
Omit subsections (9) and (10).
In subsection (11) omit—
“or low cost home ownership accommodation”, and
“or (as the case may be) low cost home ownership accommodation”.
In subsection (12) omit the definition of “low cost home ownership accommodation”.
In section 32 (recovery etc of social housing assistance) omit subsection (11).
omit paragraph (a), and
in paragraph (b) omit “other”.
Omit section 37 (duty to co-operate with Regulator of Social Housing).
Section 42 (agency arrangements with UDCs) is amended as follows.
In subsection (2)(a) after “Chapter 3” insert “ or the functions to which subsection (2A) applies ”.
After that subsection insert—
In section 46 (guidance by the Secretary of State) after subsection (7) insert—
In section 47 (directions by the Secretary of State) after subsection (6) insert—
In the Table in section 60(4) (structural overview of Part 2) for the entry relating to Chapter 2 substitute—
Omit section 78 (the Regulator of Social Housing).
Omit section 81 (the regulator: establishment).
Omit section 82 (the regulator: membership).
Omit section 83 (the regulator: tenure of office of members).
Omit section 84 (the regulator: chief executive).
Omit section 85 (the regulator: other staff).
Omit section 86 (the regulator: fundamental objectives).
Omit section 87 (the regulator: procedure).
Omit section 88 (the regulator: conflict of interest).
Omit section 89 (the regulator: committees).
Omit section 90 (the regulator: delegation).
Omit section 91 (the regulator: seal).
Omit section 92 (the regulator: annual report).
After that section insert—
In section 93(1) (the regulator: general functions) for “conferred on it by this Part or another enactment” substitute “ of the regulator ”.
Omit section 99 (the regulator: remuneration).
In section 100 (charging)—
at the beginning insert “ (1) ”, and
at the end of the subsection (1) so formed insert—
Omit section 101 (the regulator: assistance by Secretary of State).
Omit section 102 (the regulator: borrowing).
Omit section 103 (the regulator: accounts).
Omit section 104 (the regulator: financial year).
Omit section 105 (the regulator: co-operation with the HCA).
Omit section 106 (the regulator: direction to the HCA).
In section 112(4) (duty to consult before setting criteria for voluntary registration) omit paragraph (a).
Section 117 (the regulator: fees) is amended as follows.
In subsection (5)(a) after “the performance of” insert “the regulator's”.
In subsection (9) for “regulator's” substitute “HCA's”.
After that subsection insert—
In section 145 (moratorium) omit subsection (4).
Section 146 (duration of moratorium) is amended as follows.
In subsection (4)—
at the end of paragraph (a) insert “ and ”, and
omit paragraph (c).
Omit subsection (8).
In section 147(4) (further moratorium)—
at the end of paragraph (a) insert “ and ”, and
omit paragraph (c).
In section 174(5) (procedure for consent to disposal of social housing) omit paragraph (a).
In section 196(1) (consultation on standards and codes of practice) omit paragraph (f).
In section 197(4) (direction by Secretary of State) omit paragraph (b).
In section 202 (inspections: supplemental) after subsection (7) insert—
In section 216 (consultation on use of intervention powers) omit paragraph (e).
In section 222 (notification of use of enforcement notice) omit paragraph (a).
In section 230(2) (pre-penalty warning) omit paragraph (a).
Omit section 232 (duty to notify HCA of penalty notice).
In section 242(3) (pre-compensation warning) omit paragraph (a).
Section 248 (supplemental provisions about management tenders) is amended as follows.
In subsection (4) omit paragraph (a).
In subsection (7) omit paragraph (c).
In subsection (8) omit paragraph (a).
Section 250 (supplemental provisions about management transfers) is amended as follows.
In subsection (4) omit paragraph (a).
In subsection (7) omit paragraph (c).
In subsection (8) omit paragraph (a).
Section 252 (supplemental provisions about appointment of managers) is amended as follows.
In subsection (4) omit paragraph (a).
Omit subsection (7).
The Table in section 276 (Part 2: index of defined terms) is amended as follows.
Omit the entry for “Appointed member”.
In the entry for “Fundamental objectives” for “Section 86” substitute “ Section 92K ”.
In the entry for “The regulator” for “Section 81” substitute “ Section 92A ”.
In the entry for “The Regulator of Social Housing” for “Section 81” substitute “ Section 92A ”.
Insert the following entries at the appropriate place—.
Schedule 1 (constitution of the Homes and Communities Agency) is amended as follows.
In paragraph 1 (appointment of membership) after sub-paragraph (4) insert—
After paragraph 17 insert—
Amendments consequential on Part 1
Public Records Act 1958 (c. 51)
In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3 omit the entry for the Office for Tenants and Social Landlords.
Parliamentary Commissioner Act 1967 (c. 13)
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit the entry for the Office for Tenants and Social Landlords.
House of Commons Disqualification Act 1975 (c. 24)
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit the entry for the Office for Tenants and Social Landlords.
Freedom of Information Act 2000 (c. 36)
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) omit the entry for the Office for Tenants and Social Landlords.
Housing (Scotland) Act 2010 (asp 17)
The Housing (Scotland) Act 2010 is amended as follows.
In section 18(2) (co-operation with other regulators: definition of “relevant regulators”) in paragraph (a) for “the Office for Tenants and Social Landlords” substitute “ the Regulator of Social Housing ”.
In section 68(3) (determination of accounting requirements for registered social landlords: consultation with other bodies) in paragraph (c) for “the Office for Tenants and Social Landlords” substitute “ the Regulator of Social Housing ”.
Equality Act 2010 (c. 15)
In Schedule 19 to the Equality Act 2010 (public authorities) omit the entry for the Office for Tenants and Social Landlords.
Transfer of property, rights and liabilities
Transfer of property, rights and liabilities
The property, rights and liabilities to which the Office is entitled or subject immediately before the commencement of this paragraph transfer to and vest in the HCA.
This paragraph has effect in spite of any provision (of whatever nature) that would otherwise prevent, penalise or restrict the transfer of the property, rights or liabilities.
In particular, it has effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of such a provision having effect in relation to the terms on which the Office is entitled to the property or right, or subject to the liability, in question.
A certificate by the Secretary of State that anything specified in the certificate has vested in the HCA under this paragraph is conclusive evidence for all purposes of that fact.
Employment contracts: transfer of rights and liabilities
The rights and liabilities transferred by paragraph 63 include rights or liabilities under a contract of employment.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to the transfer by virtue of that paragraph of rights or liabilities under a contract of employment (whether or not it is a relevant transfer for the purposes of those regulations).
Continuity
The transfer of property, rights and liabilities by virtue of paragraph 63 does not affect the validity of anything done (or having effect as if done) by or in relation to the Office before the transfer takes effect.
Anything that—is to be treated as done by or in relation to the HCA.
is done (or has effect as if done) by or in relation to the Office for the purposes of, or otherwise in connection with, anything transferred by paragraph 63, and
has effect immediately before the transfer date,
There may be continued by or in relation to the HCA anything (including legal proceedings) that—
relates to anything transferred under paragraph 63, and
is in the process of being done by or in relation to the Office immediately before the transfer date.
Sub-paragraph (5) applies to any document that—
relates to anything transferred under paragraph 63, and
is in effect immediately before the transfer date.
Any references (however expressed) in the document to the Office are to be read, so far as is necessary for the purposes of the transfer, as references to the HCA.
Interpretation
In this Part of this Schedule—“the Office” means the Office for Tenants and Social Landlords constituted by Chapter 2 of Part 2 of the Housing and Regeneration Act 2008 as originally enacted;“the transfer date” means the date on which paragraph 63 comes into force.
Transitional and saving provisions
Final annual report
As soon as is reasonably practicable after the abolition date, the HCA must prepare a report on the performance of the functions of the Office—
in the last financial year to end before the abolition date, and
in the period (if any) beginning immediately after the end of that financial year and ending immediately before the abolition date.
Sub-paragraph (1)(a) does not apply if the Office has already sent a report under section 92 of the Housing and Regeneration Act 2008 to the Secretary of State in respect of the financial year.
The report must, in particular—
specify any direction given to the Office by the Secretary of State in the period to which it relates under section 197 of the Housing and Regeneration Act 2008, and
contain a general description of complaints made to the Office in that period about the performance of registered providers of social housing and of how those complaints have been dealt with.
The HCA must send a report under this paragraph to the Secretary of State as soon as is reasonably practicable after preparing it.
The Secretary of State must lay the report before Parliament.
Final accounts
As soon as is reasonably practicable after the abolition date, the HCA must prepare—
a statement of the accounts of the Office for the last financial year to end before the abolition date, and
a statement of the accounts of the Office for the period (if any) beginning immediately after the end of that financial year and ending immediately before the abolition date.
A statement under this paragraph must be prepared in accordance with the direction given by the Secretary of State to the Office dated 12 August 2009.
The HCA must, as soon as is reasonable practicable after preparing a statement under this section, send a copy of it to the Secretary of State and the Comptroller and Auditor General.
The Comptroller and Auditor General must—
examine, certify and report on the statement, and
lay a copy of the report before Parliament.
Sub-paragraph (1)(a) does not apply if the Office has already sent a copy of its statement of accounts for the year to the Comptroller and Auditor General.
In such a case the repeal of section 103(5) of the Housing and Regeneration Act 2008 does not remove the obligation of the Comptroller and Auditor General to take the steps specified in that provision in relation to the statement of accounts if the Comptroller has not already done so.
General transitional and saving provisions
Section 92A of the Housing and Regeneration Act 2008 does not apply to an enactment or instrument if and to the extent that it makes provision about a time before the commencement of the insertion of that section by paragraph 26.
In relation to such a time—
references in Part 2 of that Act to “the regulator” are to the Office, and
references in any other enactment or instrument to “the Regulator of Social Housing” are to the Office.
The transfer of functions from the Office to the HCA by virtue of this Schedule does not affect the validity of anything done (or having effect as if done) by or in relation to the Office before the transfer takes effect.
Anything that—is to be treated as done by or in relation to the HCA.
is done (or has effect as if done) by or in relation to the Office for the purposes of, or otherwise in connection with, a function transferred by virtue of this Schedule, and
has effect immediately before the date on which the function is transferred,
There may be continued by or in relation to the HCA anything (including legal proceedings) that—
relates to a function transferred by virtue of this Schedule, and
is in the process of being done by or in relation to the Office immediately before the date on which the function is transferred.
Sub-paragraph (7) applies to any document that—
relates to a function transferred by virtue of this Schedule, and
is in effect immediately before the date on which the function is transferred.
Any references (however expressed) in the document to the Office are to be read, so far as is necessary for the purposes of the transfer, as references to the HCA.
Interpretation
In this Part of this Schedule—“the abolition date” means the date on which the repeal of section 81 of the Housing and Regeneration Act 2008 by Part 1 of this Schedule comes into force;“financial year” means the period of 12 months ending with 31 March in any year;“the Office” means the Office for Tenants and Social Landlords constituted by Chapter 2 of Part 2 of the Housing and Regeneration Act 2008 as originally enacted.
Regulation of social housing
Part 2 of the Housing and Regeneration Act 2008 (regulation of social housing) is amended as follows.
In section 122 (restriction on gifts and distributions by non-profit registered providers to members etc) after subsection (6) insert—
Section 192 (overview of Chapter 6) is amended as follows.
In paragraph (a) for “198” substitute “ 198B ”.
In paragraph (d) for “complaints” substitute “ the submission of information and opinions ”.
Section 193 (standards as to provision of social housing) is amended as follows.
In the heading for “Provision of social housing” substitute “ Standards relating to consumer matters ”.
In subsection (2) omit paragraph (c).
Section 194 (management of financial and other affairs of registered providers) is amended as follows.
In the heading for “Management” substitute “ Standards relating to economic matters ”.
In subsection (1) omit “the management of”.
After that subsection insert—
After subsection (2) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 197(1) (directions by Secretary of State as to standards) in each of paragraphs (a) and (b) after “193” insert “ or 194 ”.
In section 198 (supplemental provision about standards) omit subsection (1).
After that section insert—
Section 201 (inspections) is amended as follows.
For subsection (2) substitute—
Omit subsection (3).
Omit subsection (6).
For subsection (7) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Omit subsection (8).
Section 202 (inspections: supplemental) is amended as follows.
In subsection (6) omit paragraph (c).
In subsection (7)—
at the end of paragraph (a) insert “ and ”, and
omit paragraph (c).
In section 203 (inspector's powers) for subsection (12) substitute—
Omit section 204 (performance information).
Omit section 205 (publication of performance information).
Section 215 (guidance on use of intervention powers) is amended as follows.
In subsection (1)(a) for “complaints” substitute “ the submission of information ”.
In subsection (2) for paragraphs (a) to (c) substitute “ how the regulator will deal with the submissions it receives. ”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 216 (consultation)—
before paragraph (a) insert—, and
omit paragraph (d).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 320 of the Housing and Regeneration Act 2008 (orders and regulations)—
in subsection (3)(a) (orders subject to approval in draft by each House of Parliament), after “114” insert “ , 122 ”, and
in subsection (7)(a) (orders subject to annulment by either House of Parliament, and exceptions from that requirement), after “114” insert “ , 122 ”.
Home information packs: consequential amendments
Terrorism Act 2000 (c. 11)
In Schedule 3A to the Terrorism Act 2000 (regulated sector and supervisory authorities) in paragraph 2(1) (excluded activities)—
at the end of paragraph (d) insert “ or ”, and
omit paragraph (f).
Proceeds of Crime Act 2002 (c. 29)
In Schedule 9 to the Proceeds of Crime Act 2002 (regulated sector and supervisory authorities) in paragraph 2(1) (excluded activities)—
at the end of paragraph (d) insert “ or ”, and
omit paragraph (f).
Housing and Regeneration Act 2008 (c. 17)
In section 290(2)(e) of the Housing and Regeneration Act 2008 (power to make regulations) omit “made by virtue of Part 5 of the Housing Act 2004 (c. 34) (home information packs) or”.
Housing and regeneration: consequential amendments
Public Health Act 1961 (c. 64)
In Schedule 4 to the Public Health Act 1961 (attachment of street lighting equipment to certain buildings) in the entry for a building owned by a development corporation established under the New Towns Act 1946 etc at the end insert “ or the Greater London Authority so far as exercising its new towns and urban development functions. ”
Leasehold Reform Act 1967 (c. 88)
In section 37(1)(ba)(i) of the Leasehold Reform Act 1967 (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Land Compensation Act 1973 (c. 26)
In section 39(9)(b)(i) of the Land Compensation Act 1973 (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Rent (Agriculture) Act 1976 (c. 80)
In section 5(3A) of the Rent (Agriculture) Act 1976 (definition of “English new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Rent Act 1977 (c. 42)
In section 14(2) of the Rent Act 1977 (definition of “English new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Protection from Eviction Act 1977 (c. 43)
In section 3A(8A)(a) of the Protection from Eviction Act 1977 (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Local Government, Planning and Land Act 1980 (c. 65)
In section 93(1A) of the Local Government, Planning and Land Act 1980 (application of sections 95 to 96A to the Homes and Communities Agency) after “2008” insert “ and to the Greater London Authority so far as it is exercising its new towns and urban development functions ”.
Highways Act 1980 (c. 66)
In section 219(4B)(a) (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
In Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading) in paragraph 2(5A)(a) (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Housing Act 1985 (c. 68)
The Housing Act 1985 is amended as follows.
In section 4(1)(g)(i) (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
In section 45(2) (restrictions on service charges payable after disposal of lease: disposals to which restrictions apply) in the definition of “public sector authority” after the entry for the Homes and Communities Agency insert— “ the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions, ”.
Section 80 (secure tenancies: the landlord condition) is amended as follows.
In subsection (1) after “the Homes and Communities Agency” insert “ , the Greater London Authority ”.
In subsection (2A) for the “or” at the end of paragraph (a) substitute—.
In subsection (2B)—
after “Agency” insert “ , the Greater London Authority ”, and
after “(2A)(a)” insert “ , (aa) ”.
In subsection (2C) after “Agency” in both places insert “ , the Greater London Authority ”.
In subsection (2D) after “Agency” in both places insert “ , the Greater London Authority ”.
In subsection (2E) after “Agency” insert “ , the Greater London Authority ”.
In subsection (5)—
after the first “Agency” insert “ , to the Greater London Authority ”, and
after the second “Agency” insert “ , the Greater London Authority ”.
In section 151B (right to buy: mortgage for securing redemption of landlord's share) after subsection (5A) insert—
In section 156 (right to buy: liability to repay to be a charge on the premises) after subsection (4ZA) insert—
Section 450A (right to a loan in respect of service charges after exercise of right to buy) is amended as follows.
In subsection (5A) after “6A(4)” insert “ and in the case of a property outside Greater London ”.
After that subsection insert—
In section 450B(1)(a) (power to make loans in other cases) after “Agency” insert “ or the Greater London Authority ”.
In section 453(1)(b) (further advances in case of disposal on shared ownership lease) after “Agency” insert “ or the Greater London Authority ”.
In section 458(1) (loans for acquisition or improvement of housing: minor definitions) in the definition of “housing authority” after “Agency,” insert “ the Greater London Authority, ”.
In Schedule 4 (qualifying period for right to buy and discount) in paragraph 7B for the “or” at the end of paragraph (a) substitute—.
In Schedule 5 (exceptions to the right to buy) in paragraph 3—
in the entry in the list for section 19 of the Housing and Regeneration Act 2008 omit the words from “(and” to “Act)”, and
after the end of that entry (but not as an entry in that list) insert—
Landlord and Tenant Act 1985 (c. 70)
In section 38 of the Landlord and Tenant Act 1985 (minor definitions) in the definition of “new town corporation” for the “or” at the end of paragraph (b) substitute—.
Landlord and Tenant Act 1987 (c. 31)
In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) after paragraph (df) insert—.
Income and Corporation Taxes Act 1988 (c. 1)
In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying lenders) after paragraph (j) insert—.
Housing Act 1988 (c. 50)
The Housing Act 1988 is amended as follows.
In section 35(4)(ba) (tenancies which are secure tenancies) after “Agency” insert “ , the Greater London Authority ”.
In section 38(5A)(b)(i) (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
In section 52(9A) (recovery of grants: interpretation) in the definition of “the appropriate authority”—
in paragraph (a) after “association” insert “ and property outside Greater London ”, and
for the “and” at the end of that paragraph substitute—.
Water Industry Act 1991 (c. 56)
In section 219(1) of the Water Industry Act 1991 (general interpretation) in the definition of “new towns residuary body” after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Water Resources Act 1991 (c. 57)
In section 72(2A) of the Water Resources Act 1991 (definition of “new towns residuary body”) after “2008” insert “ or the Greater London Authority so far as exercising its new towns and urban development functions ”.
Social Security Administration Act 1992 (c. 5)
In section 191 of the Social Security Administration Act 1992 (general interpretation) in paragraph (a) of the definition of “new town corporation” at the end of sub-paragraph (ii) insert.
Taxation of Chargeable Gains Act 1992 (c. 12)
In section 219(1) of the Taxation of Chargeable Gains Act 1992 (disposals by housing related bodies) in paragraph (d) for “or the Homes and Communities Agency” substitute “ , the Homes and Communities Agency or the Greater London Authority ”.
Housing Act 1996 (c. 52)
The Housing Act 1996 is amended as follows.
Section 51 (schemes for investigation of complaints against social landlords) is amended as follows.
In subsection (3)(a)—
in the entry in the list for section 19 of the Housing and Regeneration Act 2008 omit the words from “(and” to “Act)”, and
at the end of the entry in the list for section 50 of the Housing Act 1988 etc (but not as an entry in that list) insert.
After that subsection insert—
In section 219(4)(a) (directions as to charges by social landlords: meaning of social landlord) after “Agency,” insert “ the Greater London Authority, ”.
Greater London Authority Act 1999 (c. 29)
The Greater London Authority Act 1999 is amended as follows.
Section 38 (delegation) is amended as follows.
In subsection (2) (persons to whom functions exercisable by the Mayor may be delegated) before paragraph (e) insert—.
In subsection (3) (cases where delegation to body requires its consent) after “In the case of” insert “ the Homes and Communities Agency, ”.
In subsection (7) (power to exercise delegated functions where no existing power to do so) before paragraph (c) insert—.
Before subsection (9) insert—
In section 73(6), in the substituted subsection (2) of section 5 of the Local Government and Housing Act 1989 (reports by monitoring officer), the definition of “ GLA body or person ” is amended as follows.
Before paragraph (d) insert—.
Before paragraph (h) insert—.
Before the closing words insert—.
Finance Act 2003 (c. 14)
The Finance Act 2003 is amended as follows.
In section 71(4) (stamp duty land tax: reliefs for acquisitions by registered social landlords) after paragraph (ca) insert—.
Schedule 9 (stamp duty land tax: rights to buy, shared ownership leases etc) is amended as follows.
In paragraph 1—
in sub-paragraph (3) after the entry relating to the Homes and Communities Agency insert— “ The Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions ”, and
after sub-paragraph (6) insert—
In paragraph 5—
in sub-paragraph (2) after paragraph (e) insert—, and
in sub-paragraph (2A)—
after “financial assistance” insert “ made or given ”, and
after “2008” insert “ or by the Greater London Authority ”.
In paragraph 7(8)—
after “financial assistance” insert “ made or given ”, and
after “2008” insert “ or by the Greater London Authority ”.
Finance Act 2004 (c. 12)
Section 59 of the Finance Act 2004 (construction industry scheme: contractors) is amended as follows.
In subsection (1) after paragraph (f) insert—.
In subsection (2) for “(f)” substitute “ (fa) ”.
National Health Service Act 2006 (c. 41)
The National Health Service Act 2006 is amended as follows.
In section 256(2) (bodies to which PCTs may make payments in connection with provision of housing accommodation) after paragraph (ba) insert—.
In section 268(3) (bodies with whom arrangements may be made for provision of accommodation to persons displaced by health service development) after paragraph (d) insert—.
Housing and Regeneration Act 2008 (c. 17)
The Housing and Regeneration Act 2008 is amended as follows.
In section 4(6) (application of rules about the exercise of the Homes and Communities Agency's specific powers) before the “and” at the end of paragraph (a) insert—.
In section 112(4) (duty to consult before setting criteria for voluntary registration) before paragraph (b) insert—.
In section 145 (moratorium) before the table insert—
Section 146 (duration of moratorium) is amended as follows.
After subsection (4) insert—
Before subsection (9) insert—
In section 147 (further moratorium) after subsection (4) insert—
In section 148(1) (HCA may not, during a moratorium, give or enforce directions as to the use or repayment of financial assistance)—
before “the HCA” insert “ neither ”,
after “the HCA” insert “ , nor the Greater London Authority, may ”,
in each of paragraphs (a) and (b) omit “may not”, and
for the “and” between those paragraphs substitute “ or ”.
In section 174(5) (procedure for consent to disposal of social housing) before paragraph (b) insert—.
In section 178(3) (private registered provider's use of proceeds from disposals) for the words from “to the HCA” to the end substitute
In section 196(1) (consultation on standards and codes of practice) after paragraph (e) insert—.
In section 197(4) (direction by Secretary of State) after paragraph (a) insert—.
In section 216 (consultation on use of intervention powers) after paragraph (b) insert—.
In section 222 (notification of use of enforcement notice) before paragraph (b) insert—.
In section 230(2) (pre-penalty warning) before paragraph (b) insert—.
Before section 233 insert—
In section 242(3) (pre-compensation warning) before paragraph (b) insert—.
Section 248 (supplemental provisions about management tenders) is amended as follows.
In subsection (4) before paragraph (b) insert—.
In subsection (7) before paragraph (d) insert—.
In subsection (8) before paragraph (b) insert—.
Section 250 (supplemental provisions about management transfer) is amended as follows.
In subsection (4) before paragraph (b) insert—.
In subsection (7) before paragraph (d) insert—.
In subsection (8) before paragraph (b) insert—.
Section 252 (supplemental provisions about appointment of managers) is amended as follows.
In subsection (4) before paragraph (b) insert—.
Before subsection (8) insert—
Abolition of London Development Agency: consequential amendments
Local Authorities (Goods and Services) Act 1970 (c. 39)
In section 1(4) of the Local Authorities (Goods and Services) Act 1970, in the definition of “local authority” for “, Transport for London and the London Development Agency” substitute “ and Transport for London ”.
Local Government Finance Act 1988 (c. 41)
In section 115(4A) of the Local Government Finance Act 1988 (duties as regards reports under section 114)—
omit “the London Development Agency or”, and
for the words from “neither” to “shall” substitute “ paragraph 7 of Schedule 10 to the 1999 Act (delegation by Transport for London) shall not ”.
Audit Commission Act 1998 (c. 18)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Greater London Authority Act 1999 (c. 29)
The Greater London Authority Act 1999 is amended as follows.
In section 38(8) (application of section 101 of the Local Government Act 1972) after paragraph (a) insert “ or ”.
In section 127(4) (“officers” in section 127(2)(b) includes, in the case of Transport for London or the London Development Agency, its members) for the words after “in the case of Transport for London” substitute “ , includes a reference to its members. ”
In section 362(3)(b) (air quality strategy to contain information about measures to be taken by the Authority, Transport for London and the London Development Agency) for “, Transport for London and the London Development Agency” substitute “ and Transport for London ”.
In section 380(10) (application of section 101 of the Local Government Act 1972) after paragraph (a) insert “ or ”.
London Olympic Games and Paralympic Games Act 2006 (c. 12)
In section 10(4) of the London Olympic Games and Paralympic Games Act 2006 (matters to which regard to be had when Olympic Transport Plan being prepared or revised) for paragraph (c) (the London Development Agency's strategy) substitute—
Mayoral development corporations
Membership
An MDC for an area in Greater London is to consist of such number of members (being not less than six) as the Mayor of London ... may from time to time appoint.
The Mayor of London must, subject to sub-paragraph (5), exercise the Mayor's power under sub-paragraph (1) so as to secure that the members of an MDC include at least one elected member of each relevant London council.
For the purposes of this Schedule—
“London council” means a London borough council or the Common Council of the City of London, and
a London council is “relevant” in relation to an MDC if any part of the MDC's area is within the council's area.
An MDC for an area in the area of a combined authority or CCA is to consist of such number of members (being not less than six) as the mayor for the area of the combined authority or CCA may from time to time appoint.
The mayor for the area of a combined authority or CCA must, subject to sub-paragraph (5), exercise the mayor's power under sub-paragraph (3A) so as to secure that the members of an MDC include at least one elected member of each relevant council.
For the purposes of this Schedule a council is “relevant” in relation to an MDC if—
any part of the MDC's area is within the council's area, and
the council is—
the council for a county in which there are no district councils, or
a district council.
The Mayor must appoint one of the members of an MDC to chair the MDC.
In appointing a person to be a member of an MDC, the Mayor—
must have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, a matter relevant to the carrying-out of the MDC's functions, and
must be satisfied that the person will have no financial or other interest likely to affect prejudicially the exercise of the person's functions as member.
The Mayor may require any person whom the Mayor proposes to appoint as a member to provide such information as the Mayor considers necessary for the purposes of sub-paragraph (5)(b).
Terms of appointment of members
Subject as follows, a member of an MDC holds and vacates office in accordance with the member's terms of appointment.
A member may resign by serving notice on the Mayor.
A person appointed to chair an MDC—
may resign that appointment, whether or not the person also resigns from membership of the MDC, by serving notice on the Mayor;
ceases to hold that appointment if the person ceases to be a member of the MDC.
A person who—is eligible for reappointment.
ceases to be a member of an MDC, or
ceases to be the person appointed to chair an MDC,
The Mayor may remove a member of an MDC if—
the member has been absent from meetings of the MDC for more than 3 months without the permission of the MDC,
the member has become bankrupt or has made an arrangement with the member's creditors,
a debt relief order is made in respect of the member (see Part 7A of the Insolvency Act 1986) or the member is a person in respect of whom a debt relief restrictions order has effect (see Schedule 4ZB to that Act),
the member has since being appointed ceased to be an elected member of a relevant London council or relevant council and the Mayor wishes to appoint an elected member of that council to be a member of the MDC in the member's place, or
in the opinion of the Mayor, the member has failed to comply with the member's terms of appointment or is otherwise unable, unfit or unsuitable to exercise the member's functions as a member of the MDC.
Staff
Before an MDC appoints staff it must obtain the Mayor's agreement to the terms and conditions on which the appointments are to be made.
An MDC's power to appoint a chief executive may, in the case of the MDC's first chief executive, be exercised by the Mayor.
An MDC's chief executive is a member of its staff.
Remuneration etc: members and staff
An MDC may pay to or in respect of its members—
remuneration,
travelling and other allowances, and
sums by way of, or in respect of, pensions and gratuities.
The Mayor is to determine rates and eligibility criteria for payments under sub-paragraph (1).
If the Mayor thinks that there are special circumstances that make it right to compensate a person on ceasing to be a member of an MDC, the MDC may pay compensation determined by the Mayor.
Payments under sub-paragraph (1) or (3), other than travelling and subsistence allowances, are not to be made to a member of an MDC who is also a member of the London Assembly , or the combined authority or CCA, but this does not prevent payment of an allowance under sub-paragraph (1) to the person appointed to chair an MDC in respect of that office.
An MDC may pay to or in respect of its staff—
remuneration,
travelling and other allowances, and
sums by way of, or in respect of, pensions and gratuities.
Rates and eligibility criteria for payments made by an MDC under sub-paragraph (5) are to be determined by the MDC with the agreement of the Mayor.
In this paragraph “member” includes former member and “staff” includes former staff.
Status
An MDC (and any member of an MDC or of an MDC's staff)—
is not the servant or agent of the Crown, and
does not share any immunity or privilege of the Crown.
An MDC's property is not to be regarded as property of, or property held on behalf of, the Crown.
Committees
An MDC may establish committees.
A committee may establish sub-committees.
A committee or sub-committee may, with the agreement of the Mayor, include persons who are not members of the MDC.
Delegation
An MDC may delegate any of its functions to any of its members, committees or staff.
A committee of an MDC may delegate any function conferred on it to—
any member of the MDC,
any sub-committee of the committee, or
any of the MDC's staff.
A sub-committee of a committee of an MDC may delegate any function conferred on it to—
any member of the MDC, or
any of the MDC's staff.
Proceedings and meetings
An MDC may, subject to any directions given by the Mayor, decide—
its own procedure,
the procedure of any of its committees, and
the procedure of any sub-committee of any of its committees.
Subject to sub-paragraph (1), a committee may decide the procedure of any of its sub-committees.
Subject to sub-paragraphs (1) and (2), a committee or sub-committee may decide its own procedure.
In this paragraph “procedure” includes quorum.
The validity of any proceeding of an MDC is not affected by—
its having fewer than six members,
there being no person appointed to chair it,
its members not including at least one elected member of each relevant London council or each relevant council, or
any defect in the appointment of any of its members or of the person appointed to chair it.
Annual report (and “financial year”)
As soon as reasonably practicable after the end of each financial year, an MDC must—
prepare an annual report on how it has exercised its functions during the year,
include in the report a copy of its audited statement of accounts for the year, and
send a copy of the report to the Mayor and , in the case of an MDC for an area in London, to the London Assembly.
“Financial year”, in relation to an MDC, means a period of 12 months ending with 31 March.
Seal etc
The application of an MDC's seal is to be authenticated by—
the person appointed to chair the MDC, or
another member of the MDC, or some other person, authorised (generally or specially) for that purpose.
A document purporting to be duly executed under the seal of an MDC or signed on its behalf—
is to be received in evidence, and
is to be treated as so executed or signed unless the contrary is shown.
House of Commons Disqualification Act 1975 (c. 24)
Mayoral development corporations: consequential and other amendments
Leasehold Reform Act 1967 (c. 88)
In paragraph 2 of Schedule 4A to the Leasehold Reform Act 1967 (exclusion of certain shared ownership leases granted by public authorities) in sub-paragraph (2) after paragraph (bb) insert—.
Local Authorities (Goods and Services) Act 1970 (c. 39)
In section 1(4) of the Local Authorities (Goods and Services Act) 1970 (supply of goods and services by local authorities: interpretation) in the definition of “local authority” after “(joint waste authorities)” insert “ , a Mayoral development corporation ”.
Local Government Act 1972 (c. 70)
The Local Government Act 1972 is amended as follows.
In section 100J(1) (authorities treated as principal councils for purposes of Part 5A) after paragraph (g) insert—
In section 100J(3) (reference in section 100A(6)(a) to council's offices includes other premises at which meeting to be held) for “or (f)” substitute “ , (f) or (h) ”.
In section 100J after subsection (3ZA) insert—
In section 100J(4)(b) (disapplication of duty to state ward or division for which member represents) after “in relation to” insert “ a Mayoral development corporation, or ”.
In section 100K(1) (interpretation of Part 5A) in the definition of “committee or sub-committee of a principal council” before the second “above” insert “ and (3ZAA) ”.
Local Government Act 1974 (c. 7)
In section 25(1) of the Local Government Act 1974 (authorities subject to investigation by a Local Commissioner) after paragraph (bd) insert—.
Rent Act 1977 (c. 42)
In section 14(1) of the Rent Act 1977 (tenancy not protected if landlord is listed body) after paragraph (g) insert—.
Protection from Eviction Act 1977 (c. 43)
In section 3A(8) of the Protection from Eviction Act 1977 (licence to stay in hostel excluded if hostel provided by listed body) after paragraph (d) insert—.
Acquisition of Land Act 1981 (c. 67)
The Acquisition of Land Act 1981 is amended as follows.
In section 17(3) (special parliamentary procedure does not apply to acquisition by certain public bodies) after “an urban development corporation” insert “ , a Mayoral development corporation ”.
In section 31(1) (acquisition under certain Acts of statutory undertakers' land without a certificate) before the “or” at the end of paragraph (c) insert—.
In paragraph 4(3) of Schedule 3 (special parliamentary procedure does not apply to acquisition by certain public bodies) after “an urban development corporation” insert “ , a Mayoral development corporation ”.
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
In paragraph 2(5) of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading: designation of streets: meaning of “relevant corporation”) after paragraph (b) insert—.
Housing Act 1985 (c. 68)
The Housing Act 1985 is amended as follows.
In section 45(2) in the definition of “public sector authority” after the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
In section 80(1) (secure tenancies: the landlord condition) before the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
In section 114(1) (meaning of “landlord authority”) before the entry for a housing action trust insert— “ a Mayoral development corporation, ”.
In section 171(2) (section applies to interests held by certain bodies) after the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
In section 458(1) (Part 14: minor definitions) in the definition of “housing authority” after “an urban development corporation,” insert “ a Mayoral development corporation, ”.
In paragraph 2(1) of Schedule 1 (tenancy not secure if tenant employed by landlord or certain bodies) before the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
In Part 1 of Schedule 2 (grounds on which court may order possession of dwelling-house let under secure tenancy if it considers it reasonable) in paragraph (a) of Ground 7 before the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
In Part 3 of Schedule 2 (grounds on which court may order possession of dwelling-house let under secure tenancy if it considers it reasonable and suitable alternative accommodation is available) in paragraph (a) of Ground 12 before the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
In Schedule 3 (grounds for withholding consent to assignment by way of exchange) in paragraph (b) of Ground 5 before the entry for an urban development corporation insert—“ a Mayoral development corporation, ”.
In Schedule 4 (qualifying period for right to buy etc) in paragraph 7(1) (the landlord condition) after the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
In Schedule 5 (exceptions to right to buy) in paragraph 5(1)(b) (letting to employees of certain bodies) before the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
Landlord and Tenant Act 1985 (c. 70)
In section 14(4) of the Landlord and Tenant Act 1985 (section 11 does not apply to a post-1980 lease granted to a listed body) after the entry for an urban development corporation insert— “ a Mayoral development corporation, ”.
Landlord and Tenant Act 1987 (c. 31)
In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) after paragraph (b) insert—.
Local Government Act 1988 (c. 9)
In Schedule 2 to the Local Government Act 1988 in the list of public authorities after the entry for an urban development corporation insert— “ a Mayoral development corporation. ”
Local Government Finance Act 1988 (c. 41)
In the Local Government Finance Act 1988 after section 48 insert—
Housing Act 1988 (c. 50)
The Housing Act 1988 is amended as follows.
In section 35(4) (tenancies which can be secure tenancies) after paragraph (a) insert—.
In section 38(5) (when landlord's interest is held by a public body) after paragraph (a) insert—.
In section 89(1) (housing action trust and urban development corporation may enter in agreement for supply of goods and services) after “1980,” insert “ or a housing action trust and a Mayoral development corporation, ”.
In paragraph 12(1) of Schedule 1 (tenancy cannot be assured tenancy if landlord is listed body) after paragraph (d) insert—.
Town and Country Planning Act 1990 (c. 8)
The Town and Country Planning Act 1990 is amended as follows.
In section 2A (power for Mayor to call in planning applications) after subsection (1) insert—
After section 7 insert—
After section 165 (Secretary of State may acquire land blighted by proposed new town or urban development area) insert—
In section 169 (meaning of “appropriate authority”) after subsection (4) insert—
In section 170(5) (meaning of “appropriate enactment” in the case of a development corporation or urban development corporation)—
for “or 9” insert “ , 9 or 9A ”, and
after “is established for the urban development area” insert “ or a Mayoral development corporation is established for the Mayoral development area ”.
Paragraph 5 of Schedule 1 (when local highway authority may impose restrictions on grant of planning permission) is amended as follows.
For sub-paragraph (2) (sub-paragraph (1) does not apply to urban development corporations) substitute—
In subsection (3) after “urban development corporation who are the local planning authority” insert “ , or by a Mayoral development corporation which is the local planning authority, ”.
In Schedule 13 (blighted land) after paragraph 9 insert—
Planning (Hazardous Substances) Act 1990 (c. 10)
In section 3(4) of the Planning (Hazardous Substances) Act 1990 (when urban development corporation is hazardous substances authority) after “urban development corporation” insert “ or a Mayoral development corporation ”.
Water Industry Act 1991 (c. 56)
The Water Industry Act 1991 is amended as follows.
In section 41(2) (persons who may require provision of a water main) after paragraph (c) insert—.
In section 97(5) (performance of sewerage undertaker's functions by relevant authorities: interpretation)—
in the definition of “relevant area” after paragraph (a) insert—
in the definition of “relevant authority” after paragraph (a) insert—.
In section 98(2) (persons who may require provision of a public sewer) after paragraph (c) insert—.
Channel Tunnel Rail Link Act 1996 (c. 61)
In paragraph 9(8)(a) of Schedule 2 to the Channel Tunnel Rail Link Act 1996 (“public sewer or drain” includes one owned by certain public bodies) after “an urban development corporation” insert “ , a Mayoral development corporation ”.
Greater London Authority Act 1999 (c. 29)
The Greater London Authority Act 1999 is amended as follows.
Amend section 31 (limits of the general power) as follows.
In subsection (1) (no power to incur expenditure on things which may be done by a functional body other than the London Development Agency) for “by a functional body other than the London Development Agency” substitute
After subsection (1) insert—
Amend section 38 (delegation) as follows.
In subsection (2) (persons to whom functions exercisable by the Mayor may be delegated) after paragraph (d) insert—.
In subsection (7) (power to exercise delegated functions where no existing power to do so) after paragraph (b) insert—.
After subsection (8) (further delegation, and Mayor's power to continue to continue to exercise delegated functions) insert—
In section 60A(3) (offices where confirmation process applies) after the entry for the chairman of the London Fire and Emergency Planning Authority insert— “ person appointed to chair a Mayoral development corporation (see paragraph 1 of Schedule 21 to the Localism Act 2011); ”.
Amend section 68 (disqualification and political restriction) as follows.
In subsection (2) (application of disqualification and political restriction to certain bodies) after paragraph (b) insert—
In subsection (3) (person appointed by Mayor as a member of his staff under section 67(1) not disqualified from becoming an unpaid member of Transport for London) after “Transport for London” insert “ or a Mayoral development corporation ”.
In subsection (6) (“statutory chief officer” to include chief finance officer)—
after “London,” in paragraph (a) insert, and
after “member of Transport for London” insert “ or, as the case may be, a Mayoral development corporation ”.
After subsection (6) insert—
In section 73(6), in the substituted subsection (2) of section 5 of the Local Government and Housing Act 1989 (reports by monitoring officer), amend the definition of “ GLA body or person ” as follows.
After paragraph (b) insert—.
After paragraph (g) insert—.
After paragraph (m) insert—.
In section 347 (functional bodies to have regard to spatial development strategy) after “strategy” insert “ , but this is without prejudice to section 24 of the Planning and Compulsory Purchase Act 2004 (which requires certain of a Mayoral development corporation's documents to be in general conformity with the strategy) ”.
Section 408 (transfers of property, rights and liabilities) is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After subsection (8) insert—
In section 424(1) (interpretation) in the definition of “functional body” after paragraph (a) insert—.
Freedom of Information Act 2000 (c. 36)
In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government) after paragraph 35C insert—
Planning and Compulsory Purchase Act 2004 (c. 5)
The Planning and Compulsory Purchase Act 2004 is amended as follows.
In section 24 (if local planning authority are a London borough, local development documents must be in general conformity with the spatial development strategy) in subsections (1)(b) and (4) after “are a London borough” insert “ or a Mayoral development corporation ”.
Amend section 37 (interpretation of Part 2) as follows.
After subsection (5) insert—
In subsection (5A) (definition of “local planning authority” has effect subject to any order providing for the Homes and Communities Agency to be the local planning authority) for “also be construed” substitute “ additionally be construed, and subsection (5ZB) must be construed, ”.
National Health Service Act 2006 (c. 41)
In section 256(2) of the National Health Service Act 2006 (Primary Care Trust may make payments to listed bodies in connection with provision of housing accommodation) after paragraph (c) insert—.
Crossrail Act 2008 (c. 18)
In paragraph 8(8)(a) of Schedule 2 to the Crossrail Act 2008 (“public sewer or drain” includes one owned by certain public bodies) after “an urban development corporation” insert “ , a Mayoral development corporation ”.
Planning Act 2008 (c. 29)
The Planning Act 2008 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend section 206 (provision about charging community infrastructure levy) is amended as follows.
In subsection (5)(a) (“local planning authority” has the meaning given by section 37 of the Planning and Compulsory Purchase Act 2004) after “to England,” insert “ except that a Mayoral development corporation is a local planning authority for the purposes of this section only if it is the local planning authority for all purposes of Part 2 of PCPA 2004 in respect of the whole of its area and all kinds of development, ”.
After subsection (5) insert—
Equality Act 2010 (c. 15)
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) after the entry for Transport for London insert— “ a Mayoral development corporation. ”
The London Environment Strategy: minor and consequential amendments of the Greater London Authority Act 1999
General
The Greater London Authority Act 1999 is amended as follows.
Section 41 (general duties of the Mayor in relation to his strategies) is amended as follows.
In subsection (1)—
after paragraph (c) insert—, and
omit paragraphs (d) to (g).
Omit subsection (11).
Biodiversity
Section 352 (Mayor's biodiversity action plan) is amended as follows.
For the heading substitute “ The London Environment Strategy: biodiversity ”.
In subsection (2)—
for “The London Biodiversity Action Plan” (in the opening words) substitute “ The provisions of the London Environment Strategy dealing with biodiversity ”,
in paragraph (c), for “the London Biodiversity Action Plan” substitute “ those provisions of the London Environment Strategy ” and for “is required to consult” substitute “ has consulted or intends to consult ”, and
in paragraph (d), for “the London Biodiversity Action Plan” substitute “ those provisions of the London Environment Strategy ” and for “is required to be consulted by the Mayor” substitute “ who the Mayor has consulted or intends to consult ”.
In subsection (4), in the opening words, for “London Biodiversity Action Plan” substitute “ the provisions of the London Environment Strategy dealing with biodiversity ”.
Omit subsections (1), (3), (4)(b) (with the preceding “and”), (5) and (6).
Municipal waste management
Section 353 (municipal waste management strategy) is amended as follows.
For the heading substitute “ The London Environment Strategy: municipal waste management ”.
In subsections (2), (3A) and (4) for “municipal waste management strategy” (in each place) substitute “ provisions of the London Environment Strategy dealing with municipal waste management ”.
Omit subsections (1), (4)(b) (with the preceding “and”) and (5) to (7).
Section 354 (directions by the Secretary of State) is amended as follows.
In subsection (1)—
for “either of the conditions” substitute “ the condition ”, and
for “municipal waste management strategy” substitute “ provisions of the London Environment Strategy dealing with municipal waste management ”.
In subsection (2)—
omit paragraph (a); and
in paragraph (b), for “municipal waste management strategy” substitute “ provisions of the London Environment Strategy dealing with municipal waste management ”.
In—for “municipal waste management strategy” (in each place) substitute “ provisions of the London Environment Strategy dealing with municipal waste management ”.
section 355(1), (3) and (7)(c) (duties of waste collection authorities etc),
section 356(1) (directions by the Mayor),
section 356A(5) (London Waste and Recycling Board),
section 357(5) (information about existing waste contracts), and
section 358(3) (information about new waste contracts),
In section 355(7)(duties of waste collection authorities etc), in the words after paragraph (c), omit the words “of the strategy”.
Climate change mitigation and energy
Section 361B (the London climate change mitigation and energy strategy) is amended as follows.
For the heading substitute “ The London Environment Strategy: climate change mitigation and energy ”.
In subsection (2), for “London climate change mitigation and energy strategy” substitute “ provisions of the London Environment Strategy dealing with climate change mitigation and energy ”.
In subsection (3), for “strategy” substitute “ provisions dealing with climate change mitigation and energy ”.
In subsection (4), for “strategy” substitute “ provisions dealing with climate change mitigation and energy ”.
In subsection (6)—
for “strategy” substitute “ provisions dealing with climate change mitigation and energy ”, and
in paragraphs (d) and (e), for “the strategy” substitute “ those provisions ”.
Omit subsections (1), (7) and (9) to (11) and, in subsection (12), the definition of “prescribed”.
Omit section 361C (directions by the Secretary of State to revise the strategy).
Adaptation to climate change
Section 361D (the adaptation to climate change strategy for London) is amended as follows.
For the heading substitute “ The London Environment Strategy: adaptation to climate change ”.
In subsection (2), for “adaptation to climate change strategy for London” substitute “ provisions of the London Environment Strategy dealing with adaptation to climate change ”.
Omit subsections (1) and (3) to (5).
Omit section 361E (directions by the Secretary of State to revise the strategy).
Air quality
Section 362 (the Mayor's air quality strategy) is amended as follows.
For the heading substitute “ The London Environment Strategy: air quality ”.
In subsections (2) to (4), for “London air quality strategy” (in each place) substitute “ provisions of the London Environment Strategy dealing with air quality ”.
Omit subsections (1) and (5) to (7).
Section 363 (directions by the Secretary of State) is amended as follows.
In subsection (1), for “either of the conditions” substitute “ the condition ”.
In subsection (2)—
omit paragraph (a), and
in subsection (2)(b), for “London air quality strategy” substitute “ provisions of the London Environment Strategy dealing with air quality ”.
In section 364 (duty of local authorities in Greater London), for “London air quality strategy” substitute “ provisions of the London Environment Strategy dealing with air quality ”.
In section 365 (directions by the Mayor), for “London air quality strategy” substitute “ provisions of the London Environment Strategy dealing with air quality ”.
Ambient noise
Section 370 (the London ambient noise strategy) is amended as follows.
For the heading substitute “ The London Environment Strategy: ambient noise ”.
In subsection (2), for “London ambient noise strategy” substitute “ provisions of the London Environment Strategy dealing with ambient noise ”.
In subsection (3), in paragraph (b) of the definition of “ambient noise”, for “London ambient noise strategy” substitute “ provisions of the London Environment Strategy dealing with ambient noise ”.
Omit subsections (1) and (6) to (8).
Transfers and transfer schemes: tax provisions
Transfer under paragraph 63 of Schedule 16
For the purposes of any enactment about income tax or corporation tax, the Office and the HCA are to be treated as the same person.
In particular, the transfer effected by paragraph 63 of Schedule 16 is to be disregarded for those purposes.
Accordingly, that transfer is not to be regarded for the purposes of Part 8 of the Corporation Tax Act 2009 (gains and losses from intangible fixed assets) as involving any realisation of an asset by the Office or acquisition of an asset by the HCA.
In this paragraph—“enactment” includes an enactment contained in an instrument made under an Act,“the HCA” means the Homes and Communities Agency, and“the Office” means the Office for Tenants and Social Landlords.
Interpretation of Part 2 of Schedule
In this Part of this Schedule—“CTA 2009” means the Corporation Tax Act 2009,“public body” means—a person which is a public body for the purposes of section 66 of the Finance Act 2003 (stamp duty land tax: transfers involving public bodies), or a person prescribed for the purposes of this Part of this Schedule by order made by the Treasury,“relevant transfer” means—a transfer, in accordance with a transfer scheme under section 190, to a taxable public body of property, rights or liabilities of the Homes and Communities Agency, or a transfer, in accordance with a transfer scheme under section 191, to a taxable public body,“taxable public body” means a public body which is within the charge to corporation tax,“transferee”, in relation to a transfer in accordance with a transfer scheme under section 190 or 191, means the person to whom the transfer is made, and“transferor”—means the Homes and Communities Agency in relation to a transfer, in accordance with a transfer scheme under section 190, of property, rights or liabilities of that Agency, and means the London Development Agency in relation to a transfer in accordance with a transfer scheme under section 191.
Computation of profits and losses in respect of transfer of a trade
the predecessor ceases to carry on that trade or part of a trade, and
another taxable public body (“the successor”) begins to carry on that trade or part.
For the purposes of calculating, in relation to the time when the scheme comes into force and subsequent times, the relevant trading profits or losses of the predecessor and the successor—
the trade or part is to be treated as having been a separate trade at the time of its commencement and as having been carried on by the successor at all times since its commencement as a separate trade, and
the trade carried on by the successor after the time when the scheme comes into force is to be treated as the same trade as that which the successor is treated, by virtue of paragraph (a), as having carried on as a separate trade before that time.
If a trade or part of a trade is to be treated under this paragraph as a separate trade, such apportionments of receipts, expenses, assets and liabilities are to be made for the purposes of computing relevant trading profits or losses as may be just and reasonable.
This paragraph is subject to the other provisions of this Part of this Schedule.
In this paragraph “relevant trading profits or losses” means profits or losses under Part 3 of CTA 2009 in respect of the trade or part of a trade in question.
Transfers of trading stock
This paragraph applies if—
under a relevant transfer, trading stock of the transferor is transferred to the transferee,
immediately after the transfer takes effect, the stock is to be treated as trading stock of the transferee, and
paragraph 3 does not apply in relation to the transfer.
Sub-paragraphs (3) and (4) have effect in calculating for any corporation tax purpose both—
the profits of the trade in relation to which the stock is trading stock immediately before the transfer takes effect (“the transferor's trade”), and
the profits of the trade in relation to which it is to be treated as trading stock (“the transferee's trade”).
The stock is to be treated as having been—
disposed of by the transferor in the course of the transferor's trade,
acquired by the transferee in the course of the transferee's trade, and
subject to that, disposed of and acquired when the transfer takes effect.
The stock is to be valued as if the disposal and acquisition had been for a consideration which in relation to the transferor would have resulted in neither a profit nor a loss being brought into account in respect of the disposal in the accounting period of the transferor which ends with, or is current at, the time when the transfer takes effect.
In this paragraph “trading stock” has the meaning given by section 163 of CTA 2009.
Continuity in relation to loan relationships
For the purposes of the application of Part 5 of CTA 2009 (loan relationships) in relation to a relevant transfer of rights and liabilities under a loan relationship to which immediately before the transfer takes effect the transferor is a party for the purposes of a trade it carries on, the transferee and the transferor are to be treated as if at the time of the transfer they were members of the same group.
For the purposes of the application of Part 5 of CTA 2009 in relation to a transfer that—the HCA or LDA, and the person to whom the transfer is made, are to be treated as if at the time of the transfer they were members of the same group.
is to a public body,
is of rights and liabilities under a loan relationship to which immediately before the transfer takes effect the HCA or LDA is a party otherwise than for the purposes of a trade it carries on,
In this paragraph any reference to being members of the same group is to be read in accordance with section 170 of the Taxation of Chargeable Gains Act 1992.
In this paragraph—“the HCA” means the Homes and Communities Agency, and“the LDA” means the London Development Agency.
Chargeable gains: disposal on transfer to be treated as no gain/no loss disposal
For the purposes of the Taxation of Chargeable Gains Act 1992, a disposal constituted by a transfer within sub-paragraph (2) is to be treated in relation to the transferor and transferee as made for a consideration such that no gain or loss accrues to the transferor.
A transfer is within this sub-paragraph if—
it is a transfer in accordance with a transfer scheme under section 190 of property, rights or liabilities of the Homes and Communities Agency and the transferee is a public body, or
it is in accordance with a transfer scheme under section 191 and the transferee is a public body.
In section 288(3A) of the Taxation of Chargeable Gains Act 1992 (meaning of the “no gain/no loss provisions”) at the end insert—
Stamp duty
Stamp duty is not chargeable on a transfer scheme under section 191 if the transferee is a public body.
Modifications of transfer schemes
This paragraph applies if—
a company delivers a company tax return,
as a result of that, the return is incorrect.
The return may be amended under paragraph 15 of Schedule 18 to the Finance Act 1998 so as to remedy the error, ignoring any time limit which would otherwise prevent that happening.
An amendment may not be made in reliance on sub-paragraph (2) more than 12 months after the end of the accounting period of the company during which the agreement is made.
Sub-paragraphs (5) and (6) apply if the company does not amend the return so as to remedy the error before the end of that 12 month period.
A discovery assessment or a discovery determination may be made in relation to the error, ignoring any time limit which would otherwise prevent that happening.
Such an assessment or determination may not be made in reliance on sub-paragraph (5) more than 24 months after the end of the accounting period mentioned in sub-paragraph (3).
Expressions used in this paragraph and in Schedule 18 to the Finance Act 1998 have in this paragraph the meaning they have in that Schedule.
The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—
any property, rights or liabilities transferred in accordance with a transfer scheme, or
anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with a transfer scheme.
The provision that may be made under sub-paragraph (2)(a) includes, in particular, provision for—
a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;
any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;
an appropriate authority to be required or permitted to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.
The provision that may be made under sub-paragraph (2)(b) includes, in particular, provision for—
a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;
anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or to be treated in a specified way;
an appropriate authority to be required or permitted to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, in relation to, or in consequence of, the transfer.
In this paragraph—“appropriate authority” means—the Treasury, any other Minister of the Crown with the consent of the Treasury, or the Mayor of London with the consent of the Treasury,“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975,“relevant tax” means corporation tax, income tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax, and“tax provision” means a provision of an enactment about a relevant tax.
In sub-paragraph (5) “enactment” includes an enactment contained in an instrument made under an Act.
Repeals and revocations
General power of competence
Fire and rescue authorities
Other authorities
Local authority governance
In section 11—subsections (2A) and (9A), in subsection (9) the words “in relation to Wales”, and in subsection (10) the words “(2A)(a) or”.
In section 18—subsections (4) and (5), and in subsection (6) the words “in Wales”.
In section 21—in subsection (2)(f) the words “section 244 of the National Health Service Act 2006 or”, in subsection (2ZA) the words “in Wales”, subsection (2A)(a) and (b), in subsection (4) the words from “or any functions” to the end, in subsection (10) the words “, unless permitted to do so under paragraph 12 of that Schedule”, in subsection (10A) the words “in Wales”, in subsection (13)(aa) the words from “by virtue of” to “England) or”, in subsection (13)(c) the words from the beginning to “in Wales”, in subsection (16), paragraph (a) and the word “and” immediately following that paragraph, and in subsection (16)(b) the words “in Wales”.
In section 21A—in subsection (3) the words from “(in the case of a local authority in England” to “Wales)”, in subsection (6)(a) the words from “section 236” to “2007 or”, subsections (10) and (11), and in subsection (12) the words “in Wales”.
In section 21D—in subsection (1)(b), sub-paragraph (ii) and the word “or” immediately preceding that sub-paragraph, in subsection (2) the words “or providing a copy of the document to a relevant partner authority”, in subsection (6) in the definition of “exempt information” the words “section 246 of the National Health Service Act 2006 or”, and in that subsection the definition of “relevant partner authority” and the word “and” immediately preceding that definition.
In section 39—subsection (2), in subsection (3) the words “in Wales”, and subsection (6).
In section 47—in subsection (4) the words “(including changes of the kinds set out in sections 33A to 33D)”, and subsection (6)(b).
In section 48—in subsection (1) the definition of “ordinary day of election”, subsection (1A), in subsection (2), paragraph (b) and the word “and” immediately preceding that paragraph, and in subsection (3), paragraph (b) and the word “and” immediately preceding that paragraph.
In Schedule 1—paragraphs 1A, 7 and 12 to 14 (and the italic headings immediately preceding paragraphs 1A and 12), in paragraph 8—in sub-paragraph (1) the words “Welsh” and “in Wales”, and in sub-paragraphs (2), (3) and (7) the word “Welsh”, and in paragraph 10 the word “7,”.
In section 127—subsection (1)(c)(ii) (and the word “and” immediately following it), subsection (2), and subsection (3)(b) (and the word “and” immediately preceding it).
Standards
In section 3A—in subsection (1), the words “which is a relevant authority” and, in paragraphs (a) and (b), the word “relevant”, in subsection (2)(a), the word “relevant”, in subsection (3)(b), the word “relevant”, in subsection (4)(b)(i), the word relevant, subsection (5), in subsection (6), the words “which is a relevant authority” and, in paragraph (a), the word “its”, in subsection (7), the word “its”, and subsections (8) to (10).
In section 31—in subsection (7), paragraph (b) (but not the word “or” at the end of that paragraph), and in subsection (8)(b), the words “, or to an ethical standards officer,”.
In section 49—subsection (1), in subsection (2) the words “in Wales (other than police authorities)”, subsections (2C), (3) and (4), in subsection (5)(a) the words “in Wales”, and in subsection (6), paragraphs (c) to (e), (g) to (k) and (m) to (o) (but not the word “or” at the end of paragraph (o)).
In section 50—subsection (1), in subsection (2) the words “in Wales other than police authorities”, in subsection (3) the words “(1) or”, in subsection (4)(a) the words “49(1) or” and the words “(as the case may be)”, subsections (4C) and (4D), in subsection (5) the words “the Secretary of State or”, and subsections (6) and (7).
In section 51—in subsection (4C) the words from “by a” to “police authority”, and in subsection (6)(c), sub-paragraph (i) and in sub-paragraph (ii) the words from “in the case” to “in Wales,”.
In section 53—in subsection (2) the words “parish council or”, subsections (3) to (10), in subsection (11), in paragraph (a) the words “in Wales other than police authorities” and in paragraph (k) the words “in Wales (other than police authorities)”, and in subsection (12) the words “(6)(c) to (f) or”.
In section 54—subsection (4), in subsection (5) the words “in Wales (other than police authorities)”, subsection (6), and in subsection (7) the words “in Wales (other than police authorities)”.
In section 54A—in subsection (3) the words “but this is subject to section 55(7)(b)”, subsection (4), in subsection (5) the words “in Wales other than a police authority”, and in subsection (6) the words “section 55(5) and to”.
In section 69—in subsection (1), the words “in Wales” in both places, and in subsection (5), the words “in Wales”.
In section 78—in the heading, the words “the First-tier Tribunal or”, in subsection (1), the words “the First-tier Tribunal or” and, in paragraph (a), the words “65(3) or”, subsection (4), in subsection (6), the words “78A or”, in subsection (8A), paragraph (a) and, in paragraph (b), the words “where the relevant authority concerned is in Wales,”, in subsection (9), the words “The First-tier Tribunal or (as the case may be)” and the words “59 or”, and subsections (9A) to (9D).
In section 80—in the heading, the words “First-tier Tribunal or”, in subsection (1), the words “the First-tier Tribunal or”, and subsection (6).
In section 81—in subsection (7), paragraph (b) and, in paragraph (c), the words “if it is a relevant authority in Wales,”, and subsection (8).
In section 82—subsection (1), in subsection (2), the words “in Wales (other than police authorities)”, in subsection (3), the words “(1) or”, subsections (4) and (5), in subsection (6)(a), the words “in Wales”, and in subsection (9), paragraph (a), the word “and” immediately preceding paragraph (b) and, in that paragraph, the words “in relation to Wales,”.
In section 83—in subsection (1), the definitions of “the Audit Commission”, “ethical standards officer” and “police authority” and, in the definition of “model code of conduct”, the words “(1) and”, and subsections (4), (12), (15) and (16).
In Schedule 2—paragraph 53(2), paragraph 54, and paragraph 55(2).
In Schedule 4—paragraph 2(a), paragraphs 5 to 8, paragraph 21, paragraph 22(a), and in paragraph 23, the words “(5)(b) and”.
In section 183—in subsection (1), the subsections (2A) and (2B) to be inserted into section 49 of the Local Government Act 2000 and the subsection (2C) inserted into that section, in subsection (2), the subsections (4A) and (4B) to be inserted into section 50 of the Local Government Act 2000 and the subsections (4C) and (4D) inserted into that section, in subsection (3), the subsections (4A) and (4B) to be inserted into section 51 of the Local Government Act 2000, and in subsection (7)(b), the words “in Wales other than a police authority”.
In section 188—in subsection (1), paragraphs (b) and (c), and subsection (2).
In Schedule 2—paragraphs 51 to 55, paragraph 59(b), paragraph 60(a) and (c) to (f), paragraphs 61 and 62, paragraph 63(a) and (c), and paragraph 65.
Duty to promote democracy
Petitions
Waste reduction schemes
Business rate supplements
In section 10—in subsection (2)(c) the words from the beginning to “subsection (7),”, and subsections (7) to (9).
Non-domestic rates: discretionary relief
In section 47—subsection (2), in subsection (3), the word “second”, and subsections (3A) to (3D).
Small business rate relief
In section 43—subsection (4B)(a)(i) and (iii), and subsection (4C).
Council tax referendums
In section 52J—in subsection (1), paragraph (a) and the word “or” at the end of that paragraph and, in paragraph (b), the words “(in any other case)”, subsection (3), subsection (6), and subsections (8) to (10).
In section 52K—in subsection (1), paragraph (a) and the word “or” at the end of that paragraph and, in paragraph (b), the words “(in any other case)”, and in subsection (4)(b) the words “52I or”.
In section 52U—in subsection (2), paragraph (a) and the word “or” at the end of that paragraph and, in paragraph (b), the words “(in any other case)”, subsection (3), in subsection (4), the words “is not the Greater London Authority and it”, in subsection (5), the words “(3) or”, subsection (6), subsection (9), and subsections (11) to (13).
In section 52W—in subsection (1), the words “other than the Greater London Authority”, and subsection (2).
Council tax
In section 32—in subsection (2), the paragraph (a) inserted in relation to authorities in England by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 (S.I. 2005/190), and paragraph (e) and the word “and” immediately preceding it, in subsection (3), the words “general fund (or as the case may be)”, the words from “BID levy” to “2003,”, the words “or (in the case of the Common Council only) police grant” and paragraph (b) (but not the “and” at the end of that paragraph), in subsection (3A), the words “In the case of any billing authority in Wales,”, in subsection (7)(a), in sub-paragraph (i), the words “general fund or (as the case may be)”, and sub-paragraph (ii) and the word “and” at the end of that sub-paragraph, subsections (8) to (8B), in subsection (12), the definition of “police grant” and the word “and” at the end of that definition, and subsection (13).
In section 33—in subsection (1), in the definition of item P, the words “general fund or (as the case may be)” and the words “or (in the case of the Common Council only) police grant”, subsections (3) and (3A), in subsection (3B), the words “In the case of a Welsh county council or county borough council,”, and in subsection (4), the words “or subsection (3) above”.
In section 43—in subsection (2)(a), the words from “, other than” to “1988 Act”, in subsection (3)(a), sub-paragraph (iii) and the word “or” immediately preceding that sub-paragraph (but not the word “and” at the end of that sub-paragraph), and subsection (5).
In section 44—subsection (3), and in subsection (4), the words “or subsection (3) above”.
In section 49—in subsection (3A), the words “P1 or” and the words “item P2 or”, and subsections (4A) to (4C).
In Schedule 12—paragraph 4(5), and paragraph 5(3).
In section 95—in subsection (8), the words “P1 or” and the words “item P2 or”, and subsections (9) to (11).
In regulation 2—paragraph (a), paragraph (b)(i), and paragraph (d).
Council tax revaluations in Wales
Regional strategies (commencement on passing)
In Schedule 1—paragraph 7(2)(a), (3), (5)(a), (9) and (11), and in paragraph 7(10), paragraph (b) and the “or” immediately preceding it.
Regional strategies (commencement by order)
In section 342(1)—paragraph (a), and in paragraph (b), the word “other”.
In Schedule 10, in paragraph 2—sub-paragraph (3A), and in sub-paragraph (8), the definition of “regional planning body” and “region” and the word “and” immediately preceding it.
In section 38(3)—paragraph (a), and the word “and” immediately preceding paragraph (b).
In section 45—in the text to be inserted by subsection (2), in subsection (1A), paragraph (a) and, in paragraph (b), the words “in Wales”, in the text to be inserted by subsection (3), in subsection (2)(b), the words “the Secretary of State or” and the words “(as the case may be)”, subsection (2A)(b) and subsection (2B), subsection (4), and in the text to be inserted by subsection (9), in sub-paragraph (1A), paragraph (a) and the word “or” at the end of that paragraph and, in paragraph (b), the words “in Wales”, in sub-paragraph (1B), the words “the Secretary of State or” and the words “(as the case may be)” and, in sub-paragraph (1C), the words “Secretary of State or the” and the words “(as the case may be)”.
In section 113—subsection (1)(a), subsection (9)(a), subsection (11)(a), and subsection (12).
In Schedule 6, in paragraph 1—sub-paragraph (2)(e), and in sub-paragraph (3), the definition of “responsible regional authorities”.
Local development schemes and documents
Neighbourhood planning
Unauthorised advertisements and defacement of premises
Abolition of Infrastructure Planning Commission
In section 106A(11)—in paragraph (aa), the words after “any development consent obligation”, and paragraph (ab).
In Schedule 4—paragraph 1(9), and in paragraph 4, the definition of “the appropriate authority”.
In Schedule 6—paragraphs 1(4), 2(10), 3(6) and 4(8), and“, (6)” in paragraph 6(1)(b).
Nationally significant infrastructure projects
In section 35—subsection (1)(a), and in subsection (1)(b) the word “the”.
In section 134—in subsection (3)(a) the words “and a copy of the order”, and subsection (8).
Homelessness
In section 193—subsection (3A), in subsection (7AA), the words “In a restricted case”, subsections (7B) to (7E), and in subsection (7F), paragraph (b) and the word “or” immediately preceding that paragraph.
Housing tenure
Housing finance
In section 85—in subsection (1), the words “or 83”, and in subsection (3), the words “or 83”.
In section 88—subsection (2), in subsection (3), the words “Subject to subsection (2) above,”, and subsections (4) and (5).
Mutual exchange
Office for Tenants and Social Landlords
In section 31—subsections (9) and (10), in subsection (11), the words “or low cost home ownership accommodation” and the words “or (as the case may be) low cost home ownership accommodation”, and in subsection (12), the definition of “low cost home ownership accommodation”.
In section 34(2)—paragraph (a), and the word “and” at the end of it, and in paragraph (b), the word “other”.
In section 146—in subsection (4), paragraph (c) and the word “and” at the end of paragraph (b), and subsection (8).
In section 248—subsection (4)(a), subsection (7)(c), and in subsection (8), paragraph (a) and the word “and” at the end of that paragraph.
In section 250—subsection (4)(a), subsection (7)(c), and in subsection (8), paragraph (a) and the word “and” at the end of that paragraph.
In section 252—in subsection (4), paragraph (a) and the word “and” at the end of that paragraph, and subsection (7).
In Schedule 9—paragraph 1, paragraph 2(2), paragraph 3(2), and paragraph 28(2).
Regulation of social housing
In section 202—in subsection (6), paragraph (c) (but not the word “and” at the end of that paragraph), and in subsection (7), paragraph (c) and word “and” immediately preceding that paragraph.
Housing Ombudsman
Home information packs
In section 270—in subsection (2)(a), the words “161 to 164, 176,”, subsection (6), and in subsection (8) the word “, (6)”.
Tenants' deposits
London (housing and regeneration)
In Schedule 8—paragraph 62(b), paragraph 73(2) and (3), and paragraph 74(a).
London Development Agency etc
In section 115—subsection (3A), and in subsection (4A), the words “the London Development Agency or”.
In Schedule 2—paragraphs 1(4) and (5), 2(2) and (3), 3A and 4(5), and in paragraph 5(1) the words from “other than the London Development Agency” to the end.
In section 38—subsections (2)(d) and (7)(b), and in subsection (8), paragraph (c) and the “or” preceding it.
In section 68—subsection (2)(c), in subsection (3) the words “or the London Development Agency”, in subsection (6), paragraph (b) and the “and” preceding it, in subsection (6) the words “or, as the case may be, the London Development Agency”, and subsection (7).
In section 73(6), in the substituted subsection (2), in the definition of “ GLA body or person ”paragraph (c), in paragraph (g), the words “or the London Development Agency,” and the words “(or in the case of the London Development Agency section 380)”, and in paragraph (m), the words “or the London Development Agency,” and the words “(or, in the case of a member or member of staff of the London Development Agency, section 380)”.
In section 380—subsections (2)(d) and (9)(b), and in subsection (10), paragraph (c) and the “or” preceding it.
In Schedule 1—paragraph 35, and in Part 6, in the entry for regional development agencies, the words “, other than the London Development Agency”.
In Part 1 of Schedule 19—the entry for the London Development Agency, and in the entry for other regional development agencies, the words “(other than the London Development Agency)”.
Greater London Authority governance
Compensation for compulsory acquisition
In section 20—in the opening words, the words “and appeals under section eighteen of this Act” and the word “respectively”, and paragraphs (b) and (d).
In section 121(2)—the words “Section 17 of the Land Compensation Act 1961 and”, and the word “each”.
In Schedule 33—in paragraph 5(1), the words “2(2), 15(5) and”, and paragraph 5(2) and(3).