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Localism Bill (HL Bill 100)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Communities and
Local Government, are published separately as HL Bill 71—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Baroness Hanham has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:

In my view the provisions of the Localism Bill are compatible with the Convention
rights.

Contents

    The Bill is divided into two volumes. Volume I contains the Clauses. Volume II
    contains the Schedules to the Bill.

  1. Part 1

    Local Government

    1. Chapter 1

      General powers of authorities

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

      2. 2. Boundaries of the general power

      3. 3. Limits on charging in exercise of general power

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

      5. 5. Powers to make supplemental provision

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

      7. 7. Procedure for orders under section 5

      8. 8. Interpretation of Chapter

    2. Chapter 2

      Fire and rescue authorities

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

      2. 10. Fire and rescue authorities: charging

    3. Chapter 3

      Other authorities

      1. 11. Integrated Transport Authorities

      2. 12. Passenger Transport Executives

      3. 13. Economic prosperity boards and combined authorities

      4. 14. Further amendments

    4. Chapter 4

      Transfer and delegation of functions to certain authorities

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

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

      3. 17. Transfer schemes

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

      5. 19. Orders under section 15: procedure

      6. 20. Interpretation of Chapter

    5. Chapter 5

      Governance

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

      2. 22. New local authority governance arrangements: amendments

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

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

    6. Chapter 6

      Predetermination

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

    7. Chapter 7

      Standards

      1. 26. Amendments of existing provisions

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

      3. 28. Voluntary codes of conduct

      4. 29. Register of interests

      5. 30. Disclosure of pecuniary interests on taking office

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

      7. 32. Sensitive interests

      8. 33. Dispensations from section 31(4)

      9. 34. Offences

      10. 35. Delegation of functions by Greater London Authority

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

      12. 37. Transitional provision

    8. Chapter 8

      Pay accountability

      1. 38. Pay policy statements

      2. 39. Supplementary provisions relating to statements

      3. 40. Guidance

      4. 41. Determinations relating to remuneration etc

      5. 42. Exercise of functions

      6. 43. Interpretation

    9. Chapter 9

      Commission for Local Administration in England

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

    10. Chapter 10

      Miscellaneous repeals

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

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

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

  2. Part 2

    EU fines

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

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

    3. 50. The EU financial sanctions to which Part 2 applies

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

    5. 52. Designation of public authorities

    6. 53. Establishment of independent panel

    7. 54. Warning notices

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

    9. 56. Final notices

    10. 57. Interpretation of Part: general

  3. Part 3

    EU fines: Wales

    1. 58. Power to require Welsh public authorities to make payments in respect of
      certain EU financial sanctions

    2. 59. Duty of the Welsh Ministers to issue a policy statement

    3. 60. The EU financial sanctions to which Part 3 applies

    4. 61. Meaning of “Welsh public authority” and related terms

    5. 62. Designation of Welsh public authorities

    6. 63. Establishment of independent panel

    7. 64. Warning notices

    8. 65. Matters to be determined before a final notice is given

    9. 66. Final notices

    10. 67. Interpretation of Part: general

  4. Part 4

    Non-domestic rates etc

    1. Business rate supplements

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

    2. Non-domestic rates

      1. 69. Non-domestic rates: discretionary relief

      2. 70. Small business relief

      3. 71. Cancellation of liability to backdated non-domestic rates

  5. Part 5

    Community empowerment

    1. Chapter 1

      Council tax

      1. 72. Referendums relating to council tax increases

      2. 73. References to proper accounting practices

      3. 74. Council tax calculations by billing authorities in England

      4. 75. Council tax calculations by major precepting authorities in England

      5. 76. Calculation of council tax requirement by the Greater London Authority

      6. 77. Calculation of basic amount of tax by the Greater London Authority

      7. 78. Council tax calculation by local precepting authorities in England

      8. 79. Council tax: minor and consequential amendments

      9. 80. Council tax revaluations in Wales

    2. Chapter 2

      Community right to challenge

      1. 81. Duty to consider expression of interest

      2. 82. Timing of expressions of interest

      3. 83. Consideration of expression of interest

      4. 84. Consideration of expression of interest: further provisions

      5. 85. Supplementary

      6. 86. Provision of advice and assistance

    3. Chapter 3

      Assets of community value

      1. List of assets of community value

        1. 87. List of assets of community value

        2. 88. Land of community value

        3. 89. Procedure for including land in list

        4. 90. Procedure on community nominations

        5. 91. Notice of inclusion or removal

        6. 92. Review of decision to include land in list

      2. List of land nominated by unsuccessful community nominations

        1. 93. List of land nominated by unsuccessful community nominations

      3. Provisions common to both lists

        1. 94. Publication and inspection of lists

      4. Moratorium on disposing of listed land

        1. 95. Moratorium

        2. 96. Meaning of “relevant disposal” etc in section 95

        3. 97. Publicising receipt of notice under section 95(2)

        4. 98. Informing owner of request to be treated as bidder

        5. 99. Compensation

      5. Miscellaneous

        1. 100. Local land charge

        2. 101. Enforcement

        3. 102. Co-operation

        4. 103. Advice and assistance in relation to land of community value in England

        5. 104. Advice and assistance in relation to land of community value in Wales

        6. 105. Crown application

      6. Interpretation of Chapter

        1. 106. Meaning of “local authority”

        2. 107. Meaning of “owner”

        3. 108. Interpretation of Chapter: general

  6. Part 6

    Planning

    1. Chapter 1

      Plans and strategies

      1. 109. Abolition of regional strategies

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

      3. 111. Local development schemes

      4. 112. Adoption and withdrawal of development plan documents

      5. 113. Local development: monitoring reports

    2. Chapter 2

      Community Infrastructure Levy

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

      2. 115. Use of Community Infrastructure Levy

    3. Chapter 3

      Neighbourhood planning

      1. 116. Neighbourhood planning

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

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

      4. 119. Regulations under section 117: supplementary

      5. 120. Financial assistance in relation to neighbourhood planning

      6. 121. Consequential amendments

    4. Chapter 4

      Consultation

      1. 122. Consultation before applying for planning permission

    5. Chapter 5

      Enforcement

      1. 123. Retrospective planning permission

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

      3. 125. Assurance as regards prosecution for person served with enforcement notice

      4. 126. Planning offences: time limits and penalties

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

    6. Chapter 6

      Nationally significant infrastructure projects

      1. 128. Abolition of Infrastructure Planning Commission

      2. 129. Transitional provision in connection with abolition

      3. 130. National policy statements

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

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

      6. 133. Pre-application consultation with local authorities

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

      8. 135. Claimants of compensation for effects of development

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

      10. 137. Acceptance of applications for development consent

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

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

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

      14. 141. Changes to notice requirements for compulsory acquisition

    7. Chapter 7

      Other planning matters

      1. 142. Applications for planning permission: local finance considerations

      2. 143. Application of this Part to the Crown

  7. Part 7

    Housing

    1. Chapter 1

      Allocation and homelessness

      1. Allocation

        1. 144. Allocation of housing accommodation

        2. 145. Allocation only to eligible and qualifying persons: England

        3. 146. Allocation schemes

      2. Homelessness

        1. 147. Duties to homeless persons

        2. 148. Duties to homeless persons: further amendments

    2. Chapter 2

      Social housing: tenure reform

      1. Tenancy strategies

        1. 149. Tenancy strategies

        2. 150. Preparation of tenancy strategy

        3. 151. Standards about tenancies etc

        4. 152. Relationship between schemes and strategies

      2. Flexible tenancies

        1. 153. Flexible tenancies

        2. 154. Flexible tenancies: other amendments

      3. Other provisions relating to tenancies of social housing

        1. 155. Creation of tenancies of social housing

        2. 156. Registration of tenancies of social housing

        3. 157. Secure and assured tenancies: transfer of tenancy

        4. 158. Further provisions about transfer of tenancy under section 157

        5. 159. Succession to secure tenancies

        6. 160. Succession to assured tenancies

        7. 161. Secure and assured tenancies: recovery of possession after tenant’s death

        8. 162. Assured shorthold tenancies following family intervention tenancies

        9. 163. Assured shorthold tenancies: notice requirements

        10. 164. Assured shorthold tenancies: rights to acquire

        11. 165. Repairing obligations in leases of seven years or more

    3. Chapter 3

      Housing finance

      1. 166. Abolition of Housing Revenue Account subsidy in England

      2. 167. Settlement payments

      3. 168. Further payments

      4. 169. Further provisions about payments

      5. 170. Limits on indebtedness

      6. 171. Power to obtain information

      7. 172. Determinations under this Chapter

      8. 173. Capital receipts from disposal of housing land

      9. 174. Interpretation

    4. Chapter 4

      Housing mobility

      1. 175. Standards facilitating exchange of tenancies

      2. 176. Assisting tenants of social landlords to become home owners

    5. Chapter 5

      Regulation of Social Housing

      1. 177. Transfer of functions from the Office for Tenants and Social Landlords to the
        Homes and Communities Agency

      2. 178. Regulation of social housing

    6. Chapter 6

      Other housing matters

      1. Housing ombudsman

        1. 179. Housing complaints

        2. 180. Transfer of functions to housing ombudsman

        3. 181. Transfer of functions to housing ombudsman: supplementary

      2. Home information packs

        1. 182. Abolition of home information packs

      3. Tenants’ deposits

        1. 183. Tenancy deposit schemes

      4. Houses in multiple occupation

        1. 184. Exemption from HMO licensing for buildings run by co-operatives

  8. Part 8

    London

    1. Chapter 1

      Housing and regeneration functions

      1. 185. Removal of limitations on Greater London Authority’s general power

      2. 186. New housing and regeneration functions of the Authority

      3. 187. The London housing strategy

      4. 188. Modification to the Homes and Communities Agency’s functions

      5. 189. Transfer of property of Homes and Communities Agency etc

      6. 190. Abolition of London Development Agency and transfer of its property etc

      7. 191. Mayor’s economic development strategy for London

      8. 192. Transfer schemes: general provisions

      9. 193. Power to make consequential etc provision

      10. 194. Consequential amendments

    2. Chapter 2

      Mayoral development corporations

      1. Introductory

        1. 195. Interpretation of Chapter

      2. Establishment and areas

        1. 196. Designation of Mayoral development areas

        2. 197. Mayoral development corporations: establishment

        3. 198. Exclusion of land from Mayoral development areas

        4. 199. Transfers of property etc to a Mayoral development corporation

      3. Object and main power

        1. 200. Object and powers

      4. Planning and infrastructure functions

        1. 201. Functions in relation to Town and Country Planning

        2. 202. Arrangements for discharge of, or assistance with, planning functions

        3. 203. Removal or restriction of planning functions

        4. 204. Powers in relation to infrastructure

      5. Land functions

        1. 205. Powers in relation to land

        2. 206. Acquisition of land

        3. 207. Powers in relation to acquired land

        4. 208. Restrictions on disposal of land

        5. 209. Power to enter and survey land

      6. Other functions

        1. 210. Adoption of private streets

        2. 211. Businesses, subsidiaries and other companies

        3. 212. Financial assistance

        4. 213. Powers in relation to discretionary relief from non-domestic rates

      7. Dissolution

        1. 214. Reviews

        2. 215. Transfers of property, rights and liabilities

        3. 216. Dissolution: final steps

      8. General

        1. 217. Transfer schemes: general provisions

        2. 218. Guidance by the Mayor

        3. 219. Directions by the Mayor

        4. 220. Consents

        5. 221. Consequential and other amendments

    3. Chapter 3

      Greater London Authority governance

      1. 222. Delegation of functions by Ministers to the Mayor

      2. 223. Authority may be required to carry on commercial activities through a
        taxable body

      3. 224. The London Environment Strategy

      4. 225. Abolition of Mayor’s duty to prepare state of the environment reports

      5. 226. Mayoral strategies: general duties

      6. 227. Simplification of the consultation process for the Mayor’s strategies

      7. 228. London Assembly’s power to reject draft strategies

      8. 229. Sharing of administrative etc services by London authorities

      9. 230. Transport for London: access to meetings and documents etc

  9. Part 9

    Compensation for compulsory acquisition

    1. 231. Taking account of planning permission when assessing compensation

  10. Part 10

    General

    1. 232. Tax

    2. 233. Pre-commencement consultation

    3. 234. Orders and regulations

    4. 235. Power to make further consequential amendments

    5. 236. Repeals and revocations

    6. 237. Financial provisions

    7. 238. Extent

    8. 239. Commencement

    9. 240. Short title

    1. Schedule 1

      General power of competence: consequential amendments

    2. Schedule 2

      New arrangements with respect to governance of English local
      authorities

      1. Part 1

        New Part 1A of the Local Government Act 2000

      2. Part 2

        New Schedule A1 to the Local Government Act 2000

    3. Schedule 3

      Minor and consequential amendments relating to local
      authority governance in England

    4. Schedule 4

      Conduct of local government members

      1. Part 1

        Amendments of existing provisions

      2. Part 2

        Provision supplementary to Part 1

    5. Schedule 5

      New Chapter 4ZA of Part 1 of the Local Government Finance
      Act 1992

    6. Schedule 6

      Council tax referendums: further amendments

    7. Schedule 7

      Council tax: minor and consequential amendments

    8. Schedule 8

      Regional strategies: consequential amendments

    9. Schedule 9

      Neighbourhood planning

      1. Part 1

        Neighbourhood development orders

      2. Part 2

        Neighbourhood development plans

    10. Schedule 10

      Process for making of neighbourhood development orders

    11. Schedule 11

      Neighbourhood planning: community right to build orders

    12. Schedule 12

      Neighbourhood planning: consequential amendments

    13. Schedule 13

      Infrastructure Planning Commission: transfer of functions to
      Secretary of State

      1. Part 1

        Amendments of the Planning Act 2008

      2. Part 2

        Other amendments

    14. Schedule 14

      Grounds on which landlord may refuse to surrender and grant
      tenancies under section 157

    15. Schedule 15

      Abolition of Housing Revenue Account subsidy in England

    16. Schedule 16

      Transfer of functions from the Office for Tenants and Social
      Landlords to the Homes and Communities Agency

      1. Part 1

        Amendments to the Housing and Regeneration Act 2008

      2. Part 2

        Amendments consequential on Part 1

      3. Part 3

        Transfer of property, rights and liabilities

      4. Part 4

        Transitional and saving provisions

    17. Schedule 17

      Regulation of social housing

    18. Schedule 18

      Home information packs: consequential amendments

    19. Schedule 19

      Housing and regeneration: consequential amendments

    20. Schedule 20

      Abolition of London Development Agency: consequential
      amendments

    21. Schedule 21

      Mayoral development corporations

    22. Schedule 22

      Mayoral development corporations: consequential and other
      amendments

    23. Schedule 23

      The London Environment Strategy: minor and consequential
      amendments of the Greater London Authority Act 1999

    24. Schedule 24

      Transfers and transfer schemes: tax provisions

      1. Part 1

        Transfer under paragraph 60 of Schedule 16

      2. Part 2

        Certain transfers under scheme under section 189 or 190

      3. Part 3

        Transfers under scheme under section 17, 199(1) or (4) or
        215(1)

    25. Schedule 25

      Repeals and revocations

      1. Part 1

        General power of competence

      2. Part 2

        Fire and rescue authorities

      3. Part 3

        Other authorities

      4. Part 4

        Local authority governance

      5. Part 5

        Standards

      6. Part 6

        Duty to promote democracy

      7. Part 7

        Petitions

      8. Part 8

        Waste reduction schemes

      9. Part 9

        Business rate supplements

      10. Part 10

        Non-domestic rates: discretionary relief

      11. Part 11

        Small business rate relief

      12. Part 12

        Council tax referendums

      13. Part 13

        Council tax

      14. Part 14

        Council tax revaluations in Wales

      15. Part 15

        Regional strategies (commencement on passing)

      16. Part 16

        Regional strategies (commencement by order)

      17. Part 17

        Local development schemes and documents

      18. Part 18

        Neighbourhood planning

      19. Part 19

        Unauthorised advertisements and defacement of premises

      20. Part 20

        Abolition of Infrastructure Planning Commission

      21. Part 21

        Nationally significant infrastructure projects

      22. Part 22

        Homelessness

      23. Part 23

        Housing tenure

      24. Part 24

        Housing finance

      25. Part 25

        Mutual exchange

      26. Part 26

        Office for Tenants and Social Landlords

      27. Part 27

        Regulation of social housing

      28. Part 28

        Housing ombudsman

      29. Part 29

        Home information packs

      30. Part 30

        Tenants’ deposits

      31. Part 31

        London (housing and regeneration)

      32. Part 32

        London Development Agency etc

      33. Part 33

        Greater London Authority governance

      34. Part 34

        Compensation for compulsory acquisition

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Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-78 80-89 90-99 Last page