Valid from 03/12/2011

CHAPTER 1E+WGeneral powers of authorities

8Interpretation of ChapterE+W

(1)In this Chapter—

• “the general power” means the power conferred by section 1(1);

• “local authority” means—

  (a)

  a county council in England,

  (b)

  a district council,

  (c)

  a London borough council,

  (d)

  the Common Council of the City of London in its capacity as a local authority,

  (e)

  the Council of the Isles of Scilly, or

  (f)

  an eligible parish council;

• “statutory provision” means a provision of an Act or of an instrument made under an Act.

(2)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.

Valid from 18/02/2012

CHAPTER 2E+WFire and rescue authorities

9General powers of certain fire and rescue authoritiesE+W

(1)In Part 1 of the Fire and Rescue Services Act 2004 (fire and rescue authorities) after section 5 insert—

“5APowers of certain fire and rescue authorities

(1)A relevant fire and rescue authority may do—

(a)anything it considers appropriate for the purposes of the carrying-out of any of its functions (its “functional purposes”),

(b)anything it considers appropriate for purposes incidental to its functional purposes,

(c)anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes,

(d)anything it considers to be connected with—

(i)any of its functions, or

(ii)anything it may do under paragraph (a), (b) or (c), and

(e)for a commercial purpose anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

(2)A relevant fire and rescue authority's power under subsection (1) is in addition to, and is not limited by, the other powers of the authority.

(3)In this section “relevant fire and rescue authority” means a fire and rescue authority that is—

(a)a metropolitan county fire and rescue authority,

(b)the London Fire and Emergency Planning Authority,

(c)constituted by a scheme under section 2, or

(d)constituted by a scheme to which section 4 applies.

5BBoundaries of power under section 5A

(1)Section 5A(1) does not enable a relevant fire and rescue authority to do—

(a)anything which the authority is unable to do by virtue of a pre-commencement limitation, or

(b)anything which the authority is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i)to its power under section 5A(1),

(ii)to all of the authority's powers, or

(iii)to all of the authority's powers but with exceptions that do not include its power under section 5A(1).

(2)If exercise of a pre-commencement power of a relevant fire and rescue authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on the authority by section 5A(1) so far as it is overlapped by the pre-commencement power.

(3)Where under section 5A(1) a relevant fire and rescue authority does things for a commercial purpose, it must do them through—

(a)a company within the meaning given by section 1(1) of the Companies Act 2006, or

(b)a society registered or deemed to be registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969.

(4)Section 5A(1) does not authorise a relevant fire and rescue authority to 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.

(5)Section 5A(1) does not authorise a relevant fire and rescue authority to borrow money.

(6)Section 5A(1)(a) to (d) do not authorise a relevant fire and rescue authority to charge a person for any action taken by the authority (but see section 18A).

(7)Section 18B(1) to (8) apply in relation to charging for things done for a commercial purpose in exercise of power conferred by section 5A(1)(e) as they apply in relation to charging under section 18A(1).

(8)In this section—

• “Act” (except in a reference to the Localism Act 2011) includes an Act, or Measure, of the National Assembly for Wales;

• “passed” in relation to an Act, or Measure, of the National Assembly for Wales means enacted;

• “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

  (a)

  is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force on or after the commencement of section 9(1) of that Act;

• “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

  (a)

  is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force before the commencement of section 9(1) of that Act;

• “pre-commencement power” means power conferred by a statutory provision that—

  (a)

  is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force before the commencement of section 9(1) of that Act;

• “relevant fire and rescue authority” has meaning given by section 5A(3);

• “statutory provision” means a provision of an Act or of an instrument made under an Act.

5CPower to make provision supplemental to section 5A

(1)If the appropriate national authority thinks that a statutory provision (whenever passed or made) prevents or restricts relevant fire and rescue authorities from exercising power conferred by section 5A(1), the appropriate national authority may by order amend, repeal, revoke or disapply that provision.

(2)If the appropriate national authority thinks that the power conferred by section 5A(1) is overlapped (to any extent) by another power then, for the purpose of removing or reducing that overlap, the appropriate national authority may by order amend, repeal, revoke or disapply any statutory provision (whenever passed or made).

(3)The appropriate national authority may by order make provision preventing relevant fire and rescue authorities from doing under section 5A(1) anything which is specified, or is of a description specified, in the order.

(4)The appropriate national authority may by order provide for the exercise by relevant fire and rescue authorities of power conferred by section 5A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(5)The power under subsection (1), (2), (3) or (4) may be exercised in relation to—

(a)all relevant fire and rescue authorities,

(b)particular relevant fire and rescue authorities, or

(c)particular descriptions of relevant fire and rescue authorities.

(6)Before making an order under subsection (1), (2), (3) or (4) the appropriate national authority proposing to make the order must consult—

(a)such relevant fire and rescue authorities,

(b)such representatives of relevant fire and rescue authorities, and

(c)such other persons (if any),

as that appropriate national authority considers appropriate.

(7)Subsection (6) does not apply to an order under subsection (3) or (4) which is made only for the purpose of amending an earlier such order—

(a)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

(b)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.

(8)The appropriate national authority's power under subsection (1) or (2) is exercisable by the Welsh Ministers so far as it is power to make provision that—

(a)would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly, and

(b)does not relate to a fire and rescue authority for an area in England.

(9)The appropriate national authority's power under subsection (1) or (2) is exercisable by the Secretary of State so far as it is not exercisable by the Welsh Ministers.

(10)The appropriate national authority's power under subsection (3) or (4) is exercisable—

(a)in relation to England by the Secretary of State, and

(b)in relation to Wales by the Welsh Ministers.

(11)In exercising power under subsection (1) or (2), the Secretary of State may make provision which has effect in relation to Wales only after having consulted the Welsh Ministers.

(12)The Welsh Ministers may submit to the Secretary of State proposals that power of the Secretary of State under subsection (1) or (2) in relation to Wales should be exercised in accordance with the proposals.

(13)In subsections (1) and (2) “statutory provision” means a provision of—

(a)an Act, or

(b)an instrument made under an Act,

and in this subsection “Act” includes an Act, or Measure, of the National Assembly for Wales.

(14)In this section “relevant fire and rescue authority” has the meaning given by section 5A(3).

5DLimits on power under section 5C(1)

(1)Provision may not be made under section 5C(1) unless the appropriate national authority making the provision considers that the conditions in subsection (2), where relevant, are satisfied in relation to that provision.

(2)Those conditions are that—

(a)the effect of the provision is proportionate to the policy objective intended to be secured by the provision;

(b)the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;

(c)the provision does not remove any necessary protection;

(d)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;

(e)the provision is not of constitutional significance.

(3)An order under section 5C(1) may not make provision for the delegation or transfer of any function of legislating.

(4)For the purposes of subsection (3) a “function of legislating” is a function of legislating by order, rules, regulations or other subordinate instrument.

(5)An order under section 5C(1) may not make provision to abolish or vary any tax.

5EProcedure for Secretary of State's orders under section 5C(1) and (2)

(1)If, as a result of any consultation required by section 5C(6) and (11) with respect to a proposed order of the Secretary of State under section 5C(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.

(2)If, after the conclusion of the consultation required by section 5C(6) and (11) and subsection (1), the Secretary of State considers it appropriate to proceed with the making of an order under section 5C(1), the Secretary of State must lay before Parliament—

(a)a draft of the order, and

(b)an explanatory document explaining the proposals and giving details of—

(i)the Secretary of State's reasons for considering that the conditions in section 5D(2), where relevant, are satisfied in relation to the proposals,

(ii)any consultation undertaken under section 5C(6) and (11) and subsection (1),

(iii)any representations received as a result of the consultation, and

(iv)the changes (if any) made as a result of those representations.

(3)Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 (choosing between negative, affirmative and super-affirmative parliamentary procedure) are to apply in relation to an explanatory document and draft order laid under subsection (2) but as if—

(a)section 18(11) of that Act were omitted,

(b)references to section 14 of that Act were references to subsection (2), and

(c)references to the Minister were references to the Secretary of State.

(4)Provision proposed to be made by the Secretary of State under section 5C(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 5C(2) and give details of any consultation undertaken under section 5C(6) and (11) with respect to those proposals.

5FProcedure for Welsh Ministers' orders under section 5C(1) and (2)

(1)If, as a result of any consultation required by section 5C(6) with respect to a proposed order of the Welsh Ministers under section 5C(1), it appears to the Welsh Ministers that it is appropriate to change the whole or any part of their proposals, they must undertake such further consultation with respect to the changes as they consider appropriate.

(2)If, after the conclusion of the consultation required by section 5C(6) and subsection (1), the Welsh Ministers consider it appropriate to proceed with the making of an order under section 5C(1), they must lay before the National Assembly for Wales—

(a)a draft of the order, and

(b)an explanatory document explaining the proposals and giving details of—

(i)the Welsh Ministers' reasons for considering that the conditions in section 5D(2), where relevant, are satisfied in relation to the proposals,

(ii)any consultation undertaken under section 5C(6) and subsection (1),

(iii)any representations received as a result of the consultation, and

(iv)the changes (if any) made as a result of those representations.

(3)Provision proposed to be made by the Welsh Ministers under section 5C(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 5C(2) and give details of any consultation undertaken under section 5C(6) with respect to those proposals.

5GDetermining Assembly procedures for drafts laid under section 5F(2)

(1)The explanatory document laid with a draft order under section 5F(2) must contain a recommendation by the Welsh Ministers as to which of the following should apply in relation to the making of an order pursuant to the draft order—

(a)the negative resolution procedure (see section 5H),

(b)the affirmative resolution procedure (see section 5J), or

(c)the super-affirmative resolution procedure (see section 5K).

(2)The explanatory document must give reasons for the Welsh Ministers' recommendation.

(3)Where the Welsh Ministers' recommendation is that the negative resolution procedure should apply, that procedure applies unless, within the 30-day period—

(a)the National Assembly for Wales requires the application of the super-affirmative resolution procedure, in which case that procedure applies, or

(b)in a case not within paragraph (a), the Assembly requires the application of the affirmative resolution procedure, in which case that procedure applies.

(4)Where the Welsh Ministers' recommendation is that the affirmative resolution procedure should apply, that procedure applies unless, within the 30-day period, the National Assembly for Wales requires the application of the super-affirmative resolution procedure, in which case the super-affirmative resolution procedure applies.

(5)Where the Welsh Ministers' recommendation is that the super-affirmative resolution procedure should apply, that procedure applies.

(6)For the purposes of this section, the National Assembly for Wales is to be taken to have required the application of a procedure within the 30-day period if—

(a)the Assembly resolves within that period that that procedure is to apply, or

(b)in a case not within paragraph (a), a committee of the Assembly charged with reporting on the draft order has recommended within that period that that procedure should apply and the Assembly has not by resolution rejected that recommendation within that period.

(7)In this section “the 30-day period” means the 30 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2).

5HNegative resolution procedure for draft laid under section 5F(2)

(1)For the purposes of this Part, “the negative resolution procedure” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows.

(2)The Welsh Ministers may make an order in the terms of the draft order subject to the following provisions of this section.

(3)The Welsh Ministers may not make an order in the terms of the draft order if the National Assembly for Wales so resolves within the 40-day period.

(4)A committee of the National Assembly for Wales charged with reporting on the draft order may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend under this subsection that the Welsh Ministers not make an order in the terms of the draft order.

(5)Where a committee of the National Assembly for Wales makes a recommendation under subsection (4) in relation to a draft order, the Welsh Ministers may not make an order in the terms of the draft order unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.

(6)For the purposes of this section an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

(7)In this section—

• “the 30-day period” has the meaning given by section 5G(7), and

• “the 40-day period” means the 40 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2).

(8)For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (4) by a committee of the National Assembly for Wales but the recommendation is rejected by the Assembly under subsection (5), no account is to be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.

5JAffirmative resolution procedure for draft laid under section 5F(2)

(1)For the purposes of this Part, “the affirmative resolution procedure” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows.

(2)If after the expiry of the 40-day period the draft order is approved by a resolution of the National Assembly for Wales, the Welsh Ministers may make an order in the terms of the draft.

(3)However, a committee of the National Assembly for Wales charged with reporting on the draft order may, at any time after the expiry of the 30-day period and before the expiry of the 40-day period, recommend under this subsection that no further proceedings be taken in relation to the draft order.

(4)Where a committee of the National Assembly for Wales makes a recommendation under subsection (3) in relation to a draft order, no proceedings may be taken in relation to the draft order in the Assembly under subsection (2) unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.

(5)For the purposes of subsection (2) an order is made in the terms of a draft order if the order contains no material changes to the provisions of the draft order.

(6)In this section—

• “the 30-day period” has the meaning given by section 5G(7), and

• “the 40-day period” has the meaning given by section 5H(7).

(7)For the purpose of calculating the 40-day period in a case where a recommendation is made under subsection (3) by a committee of the National Assembly for Wales but the recommendation is rejected by the Assembly under subsection (4), no account is to be taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.

5KSuper-affirmative resolution procedure for draft laid under section 5F(2)

(1)For the purposes of this Part, “the super-affirmative resolution procedure” in relation to the making of an order pursuant to a draft order laid under section 5F(2) is as follows.

(2)The Welsh Ministers must have regard to—

(a)any representations,

(b)any resolution of the National Assembly for Wales, and

(c)any recommendation of a committee of the Assembly charged with reporting on the draft order,

made during the 60-day period in relation to the draft order.

(3)If, after the expiry of the 60-day period, the Welsh Ministers want to make an order in the terms of the draft order, they must lay before the National Assembly for Wales a statement—

(a)stating whether any representations were made under subsection (2)(a), and

(b)if any representations were so made, giving details of them.

(4)The Welsh Ministers 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 the National Assembly for Wales.

(5)However, a committee of the National Assembly for Wales charged with reporting on the draft order may, at any time after the laying of a statement under subsection (3) and before the draft order is approved by the Assembly under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft order.

(6)Where a committee of the National Assembly for Wales makes a recommendation under subsection (5) in relation to a draft order, no proceedings may be taken in relation to the draft order in the Assembly under subsection (4) unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.

(7)If, after the expiry of the 60-day period, the Welsh Ministers wish to make an order consisting of a version of the draft order with material changes, they must lay before the National Assembly for Wales—

(a)a revised draft order, and

(b)a statement giving details of—

(i)any representations made under subsection (2)(a), and

(ii)the revisions proposed.

(8)The Welsh Ministers 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 the National Assembly for Wales.

(9)However, a committee of the National Assembly for Wales 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 the Assembly under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.

(10)Where a committee of the National Assembly for Wales makes a recommendation under subsection (9) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in the Assembly under subsection (8) unless the recommendation is, in the same Assembly, rejected by resolution of the Assembly.

(11)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.

(12)In this section “the 60-day period” means the 60 days beginning with the day on which the draft order was laid before the National Assembly for Wales under section 5F(2).

5LCalculation of time periods

In calculating any period of days for the purposes of sections 5G to 5K, no account is to be taken of any time during which the National Assembly for Wales is dissolved or during which the Assembly is in recess for more than four days.”

(2)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).

(3)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 ”.

(4)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 “—

(a)an order made by the Secretary of State under section 5C(3), other than one that is made only for the purpose mentioned in section 5C(7)(b),

(b)an order made by the Secretary of State under section 5C(4), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose,

(c)an order made by the Secretary of State under section 5C(2) that—

(i)amends any Act or provision of an Act, and

(ii)is not made in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 5E(3), or

(d)subordinate legislation made by the Secretary of State, other than an order under section 5C, that amends or repeals any Act or provision of an Act,

may”.

(5)In section 60(5) of the Fire and Rescue Services Act 2004 (orders and regulations subject to negative procedure) for “legislation, apart from an order under section 30 or 61, is” substitute “legislation made by the Secretary of State, apart from—

(1)(a)an order under section 5C(1),

(b)an order under section 5C(2) that is made in accordance with sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 as applied by section 5E(3), or

(c)an order under section 30 or 61,

is”.

(6)In section 60 of the Fire and Rescue Services Act 2004 (orders and regulations) after subsection (5) insert—

“(6)A statutory instrument containing (alone or with other provisions)—

(a)an order made by the Welsh Ministers under section 5C(3), other than one that it is made only for the purpose mentioned in section 5C(7)(b),

(b)an order made by the Welsh Ministers under section 5C(4), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose,

(c)an order made by the Welsh Ministers under section 5C(2) that—

(i)amends any Act or provision of an Act or amends any Act, or Measure, of the National Assembly for Wales or provision of such an Act or Measure, and

(ii)is not made in accordance with sections 5G to 5L, or

(d)subordinate legislation made by the Welsh Ministers, other than an order under section 5C, that amends any Act or provision of an Act,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(7)A statutory instrument containing any other subordinate legislation made by the Welsh Ministers, apart from—

(a)an order under section 5C(1),

(b)an order under section 5C(2) that is made in accordance with sections 5G to 5L, or

(c)an order under section 30 or 61,

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”

(7)In section 62 of the Fire and Rescue Services Act 2004 (application of Act in Wales)—

(a)in subsection (1)(b) (references to Secretary of State in sections 60 and 61) for “sections 60 and” substitute “ section ”,

(b)after subsection (1) insert—

“(1A)The reference in subsection (1)(a) to Parts 1 to 6 does not include—

(a)sections 5A and 5B,

(b)sections 5C and 5D,

(c)section 5E, and

(d)sections 5F to 5L.”, and

(c)omit subsection (3) (disapplication of section 60(4) and (5)).

(8)In section 146A of the Local Government Act 1972 (application of provisions to certain joint and other authorities)—

(a)in subsection (1) after “Subject to subsections (1ZA), (1ZB)” insert “ , (1ZC) ”, and

(b)after subsection (1ZB) insert—

“(1ZC)Neither a metropolitan county fire and rescue authority, nor the London Fire and Emergency Planning Authority, is to be treated as a local authority for the purposes of section 111 above (but see section 5A of the Fire and Rescue Services Act 2004).”

10Fire and rescue authorities: chargingE+W

(1)The Fire and Rescue Services Act 2004 is amended as follows.

(2)After section 18 insert—

“18ACharging by authorities

(1)A fire and rescue authority may charge a person for any action taken by the authority—

(a)in the United Kingdom or at sea or under the sea, and

(b)otherwise than for a commercial purpose,

but this is subject to the provisions of this section and section 18B.

(2)Subsection (1) authorises a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by the authority.

(3)Before a fire and rescue authority begins to charge under subsection (1) or section 5A(1)(e) for taking action of a particular description, the authority must consult any persons the authority considers appropriate.

(4)If a fire and rescue authority decides to charge under subsection (1) for taking action of a particular description—

(a)the amount of the charge is to be set by the authority;

(b)the authority may charge different amounts in different circumstances (and may charge nothing).

(5)In setting the amount of a charge under subsection (1), a fire and rescue authority must secure that, taking one financial year with another, the authority's income from charges does not exceed the cost to the authority of taking the action for which the charges are imposed.

(6)The duty under subsection (5) applies separately in relation to each kind of action.

(7)The references in subsection (1) and section 18B(1) to “sea” are not restricted to the territorial sea of the United Kingdom.

(8)In subsection (5) “financial year” means 12 months ending with 31 March.

18BLimits on charging under section 18A(1)

(1)Section 18A(1) authorises charging for extinguishing fires, or protecting life and property in the event of fires, only in respect of fires which are at sea or under the sea.

(2)Section 18A(1) does not authorise charging for emergency medical assistance.

(3)Section 18A(1) authorises charging for action taken in response to a report of a fire or explosion only if section 18C applies to the report.

(4)Section 18A(1) does not authorise charging for rescuing individuals, or protecting individuals from serious harm, in the event of an emergency.

(5)Section 18A(1) does not authorise charging for action taken in response to—

(a)emergencies resulting from events of widespread significance,

(b)emergencies which have occurred as a direct result of severe weather, or

(c)emergencies resulting from road traffic accidents.

(6)Subject to subsection (7), section 18A(1) does not authorise charging for action taken under section 6.

(7)Subsection (6) does not prevent charging for the giving of advice, other than advice of the kind mentioned in section 6(2)(b), in relation to premises where a trade, business or other undertaking is carried on (whether for profit or not).

(8)Section 18A(1) does not authorise charging for action taken by a fire and rescue authority in its capacity as an enforcing authority for the purposes of the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541).

(9)Nothing in subsections (1) to (8)—

(a)applies to charges for providing under section 12 the services of any persons or any equipment,

(b)affects the operation of section 13(3) or 16(3), or

(c)affects any provision for payments to a fire and rescue authority contained in arrangements for co-operation made between that authority and—

(i)a public authority that is not a fire and rescue authority, or

(ii)any person, other than a public authority, who exercises public functions.

(10)The Secretary of State in relation to fire and rescue authorities in England, and the Welsh Ministers in relation to fire and rescue authorities in Wales, may by order disapply subsection 18A(1) in relation to actions of a particular kind.

(11)The power under subsection (10) includes power to disapply for a particular period.

18CCases where a charge may be made for responding to report of fire etc

(1)This section applies for the purposes of section 18B(3).

(2)This section applies to a report of fire, or explosion, at sea or under the sea.

(3)This section applies to a report of fire if—

(a)the report is of fire at premises that are not domestic premises,

(b)the report is false,

(c)the report is made as a direct or indirect result of warning equipment having malfunctioned or been misinstalled, and

(d)there is a persistent problem with false reports of fire at the premises that are made as a direct or indirect result of warning equipment under common control having malfunctioned or been misinstalled.

(4)The references in subsection (2) to “sea” are not restricted to the territorial sea of the United Kingdom.

(5)In subsection (3)—

• “domestic premises” means premises occupied as a private dwelling (including any garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling);

• “warning equipment” means equipment installed for the purpose of—

  (a)

  detecting fire, or

  (b)

  raising the alarm, or enabling the alarm to be raised, in the event of fire.”

(3)Omit section 19 (charging).

(4)In section 62 (application of Act in Wales) before subsection (2) insert—

“(1B)The reference in subsection (1)(a) to Parts 1 to 6 does not include sections 18A to 18C.”

(5)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.

Valid from 18/02/2012

CHAPTER 3E+WOther authorities

11Integrated Transport AuthoritiesE+W

In Part 5 of the Local Transport Act 2008 (integrated transport authorities etc) after section 102A insert—

“CHAPTER 4E+WGeneral powers

102BPowers of Integrated Transport Authorities

(1)An ITA may do—

(a)anything the ITA considers appropriate for the purposes of the carrying-out of any of the ITA's functions (the ITA's “functional purposes”),

(b)anything the ITA considers appropriate for purposes incidental to the ITA's functional purposes,

(c)anything the ITA considers appropriate for purposes indirectly incidental to the ITA's functional purposes through any number of removes,

(d)anything the ITA considers to be connected with—

(i)any of the ITA's functions, or

(ii)anything the ITA may do under paragraph (a), (b) or (c), and

(e)for a commercial purpose anything which the ITA may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

(2)Where subsection (1) confers power on an ITA to do something, it confers power (subject to section 102C) to do it anywhere in the United Kingdom or elsewhere.

(3)An ITA's power under subsection (1) is in addition to, and is not limited by, the other powers of the ITA.

(4)Subsection (5) applies if there is, in relation to an ITA—

(a)a Passenger Transport Executive established under section 9 of the TA 1968 for the integrated transport area of the ITA, or

(b)an executive body established by virtue of section 79(1)(a) or 84(2)(d).

(5)The ITA may delegate to the Executive or body the ITA's function of taking action under subsection (1) (but not the function of determining what action to take).

102CBoundaries of power under section 102B

(1)Section 102B(1) does not enable an ITA to do—

(a)anything which the ITA is unable to do by virtue of a pre-commencement limitation, or

(b)anything which the ITA is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i)to the ITA's power under section 102B(1),

(ii)to all of the ITA's powers, or

(iii)to all of the ITA's powers but with exceptions that do not include the ITA's power under section 102B(1).

(2)If exercise of a pre-commencement power of an ITA is subject to restrictions, those restrictions apply also to exercise of the power conferred on the ITA by section 102B(1) so far as it is overlapped by the pre-commencement power.

(3)Section 102B(1) does not authorise an ITA to borrow money.

(4)Section 102B(1)(a) to (d) do not authorise an ITA to charge a person for anything done by the ITA otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of ITAs and other best value authorities to charge for discretionary services)).

(5)Section 102B(1)(e) does not authorise an ITA to do things for a commercial purpose in relation to a person if a statutory provision requires the ITA to do those things in relation to the person.

(6)Where under section 102B(1)(e) an ITA does things for a commercial purpose, it must do them through—

(a)a company within the meaning given by section 1(1) of the Companies Act 2006, or

(b)a society registered or deemed to be registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969.

(7)In this section—

• “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

  (a)

  is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force on or after the commencement of section 11 of that Act;

• “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

  (a)

  is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force before the commencement of section 11 of that Act;

• “pre-commencement power” means power conferred by a statutory provision that—

  (a)

  is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force before the commencement of section 11 of that Act;

• “statutory provision” means a provision of an Act or of an instrument made under an Act.

102DPower to make provision supplemental to section 102B

(1)The Secretary of State may by order made by statutory instrument make provision preventing ITAs from doing under section 102B(1) anything which is specified, or is of a description specified, in the order.

(2)The Secretary of State may by order made by statutory instrument provide for the exercise by ITAs of power conferred by section 102B(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(3)The power under subsection (1) or (2) may be exercised in relation to—

(a)all ITAs,

(b)particular ITAs, or

(c)particular descriptions of ITAs.

(4)Before making an order under subsection (1) or (2) the Secretary of State must consult—

(a)such representatives of ITAs,

(b)such representatives of local government, and

(c)such other persons (if any),

as the Secretary of State considers appropriate.

(5)Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular ITA or to ITAs of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular ITA or to ITAs of a particular description.

(6)Power to make an order under this section includes—

(a)power to make different provision for different cases, circumstances or areas, and

(b)power to make incidental, supplementary, consequential, transitional or transitory provision or savings.

(7)The Secretary of State may not make an order to which subsection (8) applies unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(8)This subsection applies to—

(a)an order under subsection (1), other than one that is made only for the purpose mentioned in subsection (5)(b);

(b)an order under subsection (2), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose.

(9)A statutory instrument that—

(a)contains an order made under this section, and

(b)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,

is subject to annulment in pursuance of a resolution of either House of Parliament.”

12Passenger Transport ExecutivesE+W

(1)In Part 2 of the Transport Act 1968 (integrated transport authorities etc) after section 10 insert—

“10AFurther powers of Executives

(1)The Executive of an integrated transport area in England may do—

(a)anything the Executive considers appropriate for the purposes of the carrying-out of any of the Executive's functions (the Executive's “functional purposes”),

(b)anything the Executive considers appropriate for purposes incidental to the Executive's functional purposes,

(c)anything the Executive considers appropriate for purposes indirectly incidental to the Executive's functional purposes through any number of removes,

(d)anything the Executive considers to be connected with—

(i)any of the Executive's functions, or

(ii)anything the Executive may do under paragraph (a), (b) or (c), and

(e)for a commercial purpose anything which the Executive may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

(2)Where subsection (1) confers power on the Executive to do something, it confers power (subject to section 10B) to do it anywhere in the United Kingdom or elsewhere.

(3)The Executive's power under subsection (1) is in addition to, and is not limited by, the other powers of the Executive.

10BBoundaries of power under section 10A

(1)Section 10A(1) does not enable the Executive to do—

(a)anything which the Executive is unable to do by virtue of a pre-commencement limitation, or

(b)anything which the Executive is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i)to the Executive's power under section 10A(1),

(ii)to all of the Executive's powers, or

(iii)to all of the Executive's powers but with exceptions that do not include the Executive's power under section 10A(1).

(2)If exercise of a pre-commencement power of the Executive is subject to restrictions, those restrictions apply also to exercise of the power conferred on the Executive by section 10A(1) so far as it is overlapped by the pre-commencement power.

(3)Section 10A(1) does not authorise the Executive to borrow money.

(4)Section 10A(1)(a) to (d) do not authorise the Executive to charge a person for anything done by the Executive otherwise than for a commercial purpose, but this does not limit any power to charge that the Executive has otherwise than under section 10A(1)(a) to (d).

(5)Section 10A(1)(e) does not authorise the Executive to do things for a commercial purpose in relation to a person if a statutory provision requires the Executive to do those things in relation to the person.

(6)Where under section 10A(1)(e) the Executive does things for a commercial purpose, it must do them through—

(a)a company within the meaning given by section 1(1) of the Companies Act 2006, or

(b)a society registered or deemed to be registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969.

(7)In this section—

• “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

  (a)

  is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force on or after the commencement of section 12(1) of that Act;

• “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

  (a)

  is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force before the commencement of section 12(1) of that Act;

• “pre-commencement power” means power conferred by a statutory provision that—

  (a)

  is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force before the commencement of section 12(1) of that Act;

• “statutory provision” means a provision of an Act or of an instrument made under an Act.

10CPower to make provision supplemental to section 10A

(1)The Secretary of State may by order make provision preventing the Executive from doing under section 10A(1) anything which is specified, or is of a description specified, in the order.

(2)The Secretary of State may by order provide for the exercise by the Executive of power conferred by section 10A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(3)The power under subsection (1) or (2) may be exercised in relation to—

(a)all Executives,

(b)particular Executives, or

(c)particular descriptions of Executives.

(4)Before making an order under subsection (1) or (2) the Secretary of State must consult—

(a)such representatives of Executives,

(b)such representatives of local government, and

(c)such other persons (if any),

as the Secretary of State considers appropriate.

(5)Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular Executive or to Executives of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular Executive or to Executives of a particular description.

(6)Power to make an order under this section includes—

(a)power to make different provision for different cases, circumstances or areas, and

(b)power to make incidental, supplementary, consequential, transitional or transitory provision or savings.

(7)A statutory instrument containing an order to which subsection (8) applies (whether alone or with other provisions) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(8)This subsection applies to—

(a)an order under subsection (1), other than one that is made only for the purpose mentioned in subsection (5)(b);

(b)an order under subsection (2), other than one that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose.

(9)A statutory instrument that—

(a)contains an order made under this section, and

(b)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,

is subject to annulment in pursuance of a resolution of either House of Parliament.”

(2)In section 10(1) of the Transport Act 1968 (powers of a Passenger Transport Executive)—

(a)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

(b)in paragraph (xxviii) (power to turn unneeded resources to account) omit “so far as not required for the purposes of their business”.

(3)In section 22 of the Transport Act 1968 (orders under Part 2 of that Act to be subject to annulment) after subsection (2) insert—

“(2A)Subsections (1) and (2) of this section do not apply in relation to orders under section 10C of this Act (but see subsections (7) to (9) of that section).”

(4)In section 93(9) of the Local Government Act 2003 (authorities with power under section 93 to charge for discretionary services) before paragraph (b) insert—

“(ab)the Passenger Transport Executive of an integrated transport area in England;”.

(5)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—

“(ab)the Passenger Transport Executive of an integrated transport area in England;”.

13Economic prosperity boards and combined authoritiesE+W

(1)In Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (economic prosperity boards and combined authorities) after section 113 insert—

“General powers of EPBs and combined authoritiesE+W

113AGeneral power of EPB or combined authority

(1)An EPB or combined authority may do—

(a)anything it considers appropriate for the purposes of the carrying-out of any of its functions (its “functional purposes”),

(b)anything it considers appropriate for purposes incidental to its functional purposes,

(c)anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes,

(d)anything it considers to be connected with—

(i)any of its functions, or

(ii)anything it may do under paragraph (a), (b) or (c), and

(e)for a commercial purpose anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose.

(2)Where subsection (1) confers power on an EPB or combined authority to do something, it confers power (subject to section 113B) to do it anywhere in the United Kingdom or elsewhere.

(3)Power conferred on an EPB or combined authority by subsection (1) is in addition to, and is not limited by, its other powers.

113BBoundaries of power under section 113A

(1)Section 113A(1) does not enable an EPB or combined authority to do—

(a)anything which it is unable to do by virtue of a pre-commencement limitation, or

(b)anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i)to its power under section 113A(1),

(ii)to all of its powers, or

(iii)to all of its powers but with exceptions that do not include its power under section 113A(1).

(2)If exercise of a pre-commencement power of an EPB or combined authority is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 113A(1) so far as that power is overlapped by the pre-commencement power.

(3)Section 113A(1) does not authorise an EPB or combined authority to borrow money.

(4)Section 113A(1)(a) to (d) do not authorise an EPB or combined authority to charge a person for anything done by it otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of EPBs, combined authorities and other best value authorities to charge for discretionary services)).

(5)Section 113A(1)(e) does not authorise an EPB or combined authority to do things for a commercial purpose in relation to a person if a statutory provision requires it to do those things in relation to the person.

(6)Where under section 113A(1)(e) an EPB or combined authority does things for a commercial purpose, it must do them through—

(a)a company within the meaning given by section 1(1) of the Companies Act 2006, or

(b)a society registered or deemed to be registered under the Co-operative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969.

(7)In this section—

• “post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

  (a)

  is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force on or after the commencement of section 13(1) of that Act;

• “pre-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—

  (a)

  is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force before the commencement of section 13(1) of that Act;

• “pre-commencement power” means power conferred by a statutory provision that—

  (a)

  is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or

  (b)

  is contained in an instrument made under an Act and comes into force before the commencement of section 13(1) of that Act;

• “statutory provision” means a provision of an Act or of an instrument made under an Act.

113CPower to make provision supplemental to section 113A

(1)The Secretary of State may by order make provision preventing EPBs or combined authorities from doing under section 113A(1) anything which is specified, or is of a description specified, in the order.

(2)The Secretary of State may by order provide for the exercise by EPBs or combined authorities of power conferred by section 113A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(3)The power under subsection (1) or (2) may be exercised in relation to—

(a)all EPBs,

(b)all combined authorities,

(c)particular EPBs,

(d)particular combined authorities,

(e)particular descriptions of EPBs, or

(f)particular descriptions of combined authorities.

(4)Before making an order under subsection (1) or (2) the Secretary of State must consult—

(a)such representatives of EPBs or combined authorities,

(b)such representatives of local government, and

(c)such other persons (if any),

as the Secretary of State considers appropriate.

(5)Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular EPB or combined authority or to EPBs or combined authorities of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular EPB or combined authority or to EPBs or combined authorities of a particular description.

(6)Power to make an order under this section includes—

(a)power to make different provision for different cases, circumstances or areas, and

(b)power to make incidental, supplementary, consequential, transitional or transitory provision or savings.”

(2)For section 117(2) and (3) of the Local Democracy, Economic Development and Construction Act 2009 (affirmative procedure applies to orders under Part 6 other than certain orders under section 116) substitute—

“(2)An order to which subsection (2A) applies may not be made unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(2A)This subsection applies to an order under this Part other than—

(a)an order under section 113C(1) that is made only for the purpose mentioned in section 113C(5)(b),

(b)an order under section 113C(2) that is made only for that purpose or for imposing conditions on the doing of things for a commercial purpose, or

(c)an order under section 116 that amends or revokes provision contained in an instrument subject to annulment by resolution of either House of Parliament.

(3)A statutory instrument that—

(a)contains an order under this Part, and

(b)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,

is subject to annulment by resolution of either House of Parliament.”

14Further amendmentsE+W

(1)In section 146A of the Local Government Act 1972 (application of provisions to certain joint and other authorities)—

(a)in subsection (1) for “or (1A)” substitute “ , (1ZD) or (1ZE) ”, and

(b)after subsection (1ZC) (which is inserted by section 9 of this Act) insert—

“(1ZD)An Integrated Transport Authority is not to be treated as a local authority for the purposes of section 111 above (but see section 102B of the Local Transport Act 2008).

(1ZE)Neither an economic prosperity board, nor a combined authority, is to be treated as a local authority for the purposes of section 111 above (but see section 113A of the Local Democracy, Economic Development and Construction Act 2009).”

(2)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—

“(d)section 100(2) of the Local Transport Act 2008 (well-being powers of Integrated Transport Authorities and combined authorities),

(e)section 102C(4) of that Act (Integrated Transport Authorities),

(f)section 10B(4) of the Transport Act 1968 (Passenger Transport Executives), and

(g)section 113B(4) of the Local Democracy, Economic Development and Construction Act 2009 (economic prosperity boards and combined authorities).”

Valid from 03/12/2011

CHAPTER 4E+WTransfer and delegation of functions to certain authorities

15Power to transfer local public functions to permitted authoritiesE+W

(1)The Secretary of State may by order make provision—

(a)transferring a local public function from the public authority whose function it is to a permitted authority;

(b)about the discharge of local public functions that are transferred to permitted authorities under this section (including provision enabling the discharge of those functions to be delegated).

(2)An order under this section may modify any enactment (whenever passed or made) for the purpose of making the provision mentioned in subsection (1).

(3)The power to modify an enactment in subsection (2) is a power—

(a)to apply that enactment with or without modifications,

(b)to extend, disapply or amend that enactment, or

(c)to repeal or revoke that enactment with or without savings.

(4)An order under this section may disapply, or modify the application of, Chapter 4 of Part 1A of the Local Government Act 2000 (changing local authority governance arrangements) in relation to a county council or district council to which the order transfers a local public function.

(5)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—

(a)promote economic development or wealth creation, or

(b)increase local accountability in relation to each local public function transferred by the order.

(6)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 permitted authority to which it is transferred.

(7)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 permitted authority to which it is transferred.

(8)The Secretary of State may not make an order under this section transferring a local public function to a permitted authority unless the authority has consented to the transfer.

(9)Before making an order under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

19Orders under section 15: procedureE+W

(1)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.

(2)The Secretary of State must have regard to—

(a)any representations,

(b)any resolution of either House of Parliament, and

(c)any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(3)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—

(a)stating whether any representations were made under subsection (2)(a), and

(b)if any representations were so made, giving details of them.

(4)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.

(5)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.

(6)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.

(7)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)a revised draft order, and

(b)a statement giving details of—

(i)any representations made under subsection (2)(a), and

(ii)the revisions proposed.

(8)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.

(9)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.

(10)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.

(11)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.

(12)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.

(13)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.

(14)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.

20Interpretation of ChapterE+W

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);

• “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—

  (a)

  the permitted authority's area, or

  (b)

  persons living, working or carrying on activities in that area;

• “permitted authority” means—

  (a)

  a county council in England,

  (b)

  a district council,

  (c)

  an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, or

  (d)

  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.

Valid from 03/12/2011

21New arrangements with respect to governance of English local authoritiesE+W

Schedule 2 (new Part 1A of, including Schedule A1 to, the Local Government Act 2000) has effect.

Valid from 03/12/2011

22New local authority governance arrangements: amendmentsE+W

Schedule 3 (minor and consequential amendments relating to local authority governance in England) has effect.

Valid from 15/01/2012

24Timetables for changing English district councils' electoral schemesE+W

(1)The Local Government and Public Involvement in Health Act 2007 is amended as follows.

(2)Omit the following provisions (which provide that councils may pass resolutions to change their electoral schemes only in certain permitted periods)—

(a)section 33(4), (6) and (7) (district councils changing to whole-council elections),

(b)section 38(4), (6) and (7) (non-metropolitan district councils reverting to elections by halves), and

(c)section 40(4), (6) and (7) (district councils reverting to elections by thirds).

(3)In section 33 (resolution for whole-council elections: requirements) after subsection (3) insert—

“(3A)The resolution must specify the year for the first ordinary elections of the council at which all councillors are to be elected.

(3B)In the case of a district council for a district in a county for which there is a county council, the year specified under subsection (3A) may not be a county-council-elections year; and here “county-council-elections year” means 2013 and every fourth year afterwards.”

(4)In section 34(2) (years in which whole-council elections to a district council are to be held if scheme under section 34 applies) for paragraphs (a) and (b) substitute—

“(a)the year specified under section 33(3A) in the resolution, and

(b)every fourth year afterwards.”

(5)In section 34 (scheme for whole-council elections) after subsection (4) insert—

“(4A)Ordinary elections of councillors of the council under the previous electoral scheme are to be held in accordance with that scheme in any year that—

(a)is earlier than the year specified under section 33(3A) in the resolution for whole-council elections, and

(b)is a year in which, under the previous electoral scheme, ordinary elections of councillors of the council are due to be held.

(4B)In subsection (4A) “the previous electoral scheme” means the scheme for the ordinary elections of councillors of the council that applied to it immediately before it passed the resolution for whole-council elections.”

(6)After section 31 insert—

“31AMinimum period between resolutions to change electoral schemes

If a council passes a resolution under section 32, 37 or 39 (“the earlier resolution”) it may not pass another resolution under any of those sections before the end of five years beginning with the day on which the earlier resolution is passed.”

(7)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—

“(4A)A district council is also “subject to a scheme for whole-council elections” for those purposes if—

(a)section 34 of the Local Government and Public Involvement in Health Act 2007 (scheme for whole-council elections) applies to the council, but

(b)by virtue of subsection (4A) of that section (temporary continuation of previous electoral scheme), not all the members of the council are to be elected in a year in which ordinary elections of members of the council are to be held.”

Valid from 15/01/2012

CHAPTER 6E+WPredetermination

25Prior indications of view of a matter not to amount to predetermination etcE+W

(1)Subsection (2) applies if—

(a)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

(b)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.

(2)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—

(a)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

(b)the matter was relevant to the decision.

(3)Subsection (2) applies in relation to a decision-maker only if that decision-maker—

(a)is a member (whether elected or not) of the relevant authority, or

(b)is a co-opted member of that authority.

(4)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—

  (a)

  is a member of any committee or sub-committee of the authority, or

  (b)

  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”—

  (a)

  in relation to the Greater London Authority, means the Mayor of London or a London Assembly member, and

  (b)

  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)

  a county council,

  (b)

  a district council,

  (c)

  a county borough council,

  (d)

  a London borough council,

  (e)

  the Common Council of the City of London,

  (f)

  the Greater London Authority,

  (g)

  a National Park authority,

  (h)

  the Broads Authority,

  (i)

  the Council of the Isles of Scilly,

  (j)

  a parish council, or

  (k)

  a community council.

(5)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.

Valid from 07/06/2012

27Duty to promote and maintain high standards of conductE+W

(1)A relevant authority must promote and maintain high standards of conduct by members and co-opted members of the authority.

(2)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.

(3)A relevant authority that is a parish council—

(a)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

(b)may for that purpose assume that its principal authority has complied with section 28(1) and (2).

(4)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—

(a)is a member of any committee or sub-committee of the authority, or

(b)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 that falls to be decided at any meeting of that committee or sub-committee.

(5)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.

(6)In this Chapter “relevant authority” means—

(a)a county council in England,

(b)a district council,

(c)a London borough council,

(d)a parish council,

(e)the Greater London Authority,

F1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the London Fire and Emergency Planning Authority,

(h)the Common Council of the City of London in its capacity as a local authority or police authority,

(i)the Council of the Isles of Scilly,

(j)a fire and rescue authority in England constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,

(k)a police authority (in England or in Wales) established under section 3 of the Police Act 1996,

(l)a joint authority established by Part 4 of the Local Government Act 1985,

(m)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,

(n)a combined authority established under section 103 of that Act,

(o)the Broads Authority, or

(p)a National Park authority in England established under section 63 of the Environment Act 1995.

(7)Any reference in this Chapter to a member of a relevant authority—

(a)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;

(b)in the case of the Greater London Authority, is a reference to the Mayor of London or a London Assembly member.

(8)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.

(9)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.

(10)In this Chapter except section 35—

(a)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—

(i)a committee or sub-committee of the London Assembly, or

(ii)the standards committee, or a sub-committee of that committee, established under that section,

(b)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,

(c)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

(d)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;

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.

Valid from 07/06/2012

28Codes of conductE+W

(1)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—

(a)selflessness;

(b)integrity;

(c)objectivity;

(d)accountability;

(e)openness;

(f)honesty;

(g)leadership.

(2)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—

(a)pecuniary interests, and

(b)interests other than pecuniary interests.

(3)Sections 29 to 34 do not limit what may be included in a relevant authority's code of conduct, but nothing in a relevant authority's code of conduct prejudices the operation of those sections.

(4)A failure to comply with a relevant authority's code of conduct is not 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.

(5)A relevant authority may—

(a)revise its existing code of conduct, or

(b)adopt a code of conduct to replace its existing code of conduct.

(6)A relevant authority other than a parish council must have in place—

(a)arrangements under which allegations can be investigated, and

(b)arrangements under which decisions on allegations can be made.

(7)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—

(a)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

(b)whose views may be sought—

(i)by the authority in relation to an allegation in circumstances not within paragraph (a),

(ii)by a member, or co-opted member, of the authority if that person's behaviour is the subject of an allegation, and

(iii)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.

(8)For the purposes of subsection (7)—

(a)a person is not independent if the person is—

(i)a member, co-opted member or officer of the authority,

(ii)a member, co-opted member or officer of a parish council of which the authority is the principal authority, or

(iii)a relative, or close friend, of a person within sub-paragraph (i) or (ii);

(b)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—

(i)a member, co-opted member or officer of the authority, or

(ii)a member, co-opted member or officer of a parish council of which the authority is the principal authority;

(c)a person may not be appointed under the provision required by subsection (7) unless—

(i)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,

(ii)the person has submitted an application to fill the vacancy to the authority, and

(iii)the person's appointment has been approved by a majority of the members of the authority;

(d)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.

(9)In subsections (6) and (7) “allegation”, in relation to a relevant authority, means a written allegation—

(a)that a member or co-opted member of the authority has failed to comply with the authority's code of conduct, or

(b)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.

(10)For the purposes of subsection (8) a person (“R”) is a relative of another person if R is—

(a)the other person's spouse or civil partner,

(b)living with the other person as husband and wife or as if they were civil partners,

(c)a grandparent of the other person,

(d)a lineal descendant of a grandparent of the other person,

(e)a parent, sibling or child of a person within paragraph (a) or (b),

(f)the spouse or civil partner of a person within paragraph (c), (d) or (e), or

(g)living with a person within paragraph (c), (d) or (e) as husband and wife or as if they were civil partners.

(11)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—

(a)whether to take action in relation to the member or co-opted member, and

(b)what action to take.

(12)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.

(13)A relevant authority's function of adopting, revising or replacing a code of conduct may be discharged only by the authority.

(14)Accordingly—

(a)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;

(b)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.

Valid from 07/06/2012

29Register of interestsE+W

(1)The monitoring officer of a relevant authority must establish and maintain a register of interests of members and co-opted members of the authority.

(2)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.

(3)Nothing in this Chapter requires an entry to be retained in a relevant authority's register once the person concerned—

(a)no longer has the interest, or

(b)is (otherwise than transitorily on re-election or re-appointment) neither a member nor a co-opted member of the authority.

(4)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.

(5)The monitoring officer of a relevant authority other than a parish council must secure—

(a)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

(b)that the register is published on the authority's website.

(6)The monitoring officer of a relevant authority that is a parish council must—

(a)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,

(b)secure that the register is published on the principal authority's website, and

(c)provide the parish council with any data it needs to comply with subsection (7).

(7)A parish council must, if it has a website, secure that its register is published on its website.

(8)Subsections (5) to (7) are subject to section 32(2).

(9)In this Chapter “principal authority”, in relation to a parish council, means—

(a)in the case of a parish council for an area in a district that has a district council, that district council,

(b)in the case of a parish council for an area in a London borough, the council of that London borough, and

(c)in the case of a parish council for any other area, the county council for the county that includes that area.

(10)In this Chapter “register”, in relation to a relevant authority, means its register under subsection (1).

Valid from 31/01/2012

30Disclosure of pecuniary interests on taking officeE+W

(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.

(2)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.

(3)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—

(a)it is an interest of M's, or

(b)it is an interest of—

(i)M's spouse or civil partner,

(ii)a person with whom M is living as husband and wife, or

(iii)a person with whom M is living as if they were civil partners,

and M is aware that that other person has the interest.

(4)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).

Valid from 07/06/2012

31Pecuniary interests in matters considered at meetings or by a single memberE+W

(1)Subsections (2) to (4) apply if a member or co-opted member of a relevant authority—

(a)is present at a meeting of the authority or of any committee, sub-committee, joint committee or joint sub-committee of the authority,

(b)has a disclosable pecuniary interest in any matter to be considered, or being considered, at the meeting, and

(c)is aware that the condition in paragraph (b) is met.

(2)If the interest is not entered in the authority's register, the member or co-opted member must disclose the interest to the meeting, but this is subject to section 32(3).

(3)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.

(4)The member or co-opted member may not—

(a)participate, or participate further, in any discussion of the matter at the meeting, or

(b)participate in any vote, or further vote, taken on the matter at the meeting,

but this is subject to section 33.

(5)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.

(6)Subsections (7) and (8) apply if—

(a)a function of a relevant authority may be discharged by a member of the authority acting alone,

(b)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

(c)the member is aware that the condition in paragraph (b) is met.

(7)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.

(8)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).

(9)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).

(10)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.

(11)For the purpose of this section, an interest is “subject to a pending notification” if—

(a)under this section or section 30, the interest has been notified to a relevant authority's monitoring officer, but

(b)has not been entered in the authority's register in consequence of that notification.

Valid from 01/07/2012

32Sensitive interestsE+W

(1)Subsections (2) and (3) apply where—

(a)a member or co-opted member of a relevant authority has an interest (whether or not a disclosable pecuniary interest), and

(b)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.

(2)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).

(3)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.

Valid from 07/06/2012

33Dispensations from section 31(4)E+W

(1)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.

(2)A relevant authority may grant a dispensation under this section only if, after having had regard to all relevant circumstances, the authority—

(a)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,

(b)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,

(c)considers that granting the dispensation is in the interests of persons living in the authority's area,

(d)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

(e)considers that it is otherwise appropriate to grant a dispensation.

(3)A dispensation under this section must specify the period for which it has effect, and the period specified may not exceed four years.

(4)Section 31(4) does not apply in relation to anything done for the purpose of deciding whether to grant a dispensation under this section.

Valid from 01/07/2012

34OffencesE+W

(1)A person commits an offence if, without reasonable excuse, the person—

(a)fails to comply with an obligation imposed on the person by section 30(1) or 31(2), (3) or (7),

(b)participates in any discussion or vote in contravention of section 31(4), or

(c)takes any steps in contravention of section 31(8).

(2)A person commits an offence if under section 30(1) or 31(2), (3) or (7) the person provides information that is false or misleading and the person—

(a)knows that the information is false or misleading, or

(b)is reckless as to whether the information is true and not misleading.

(3)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.

(4)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.

(5)A prosecution for an offence under this section is not to be instituted except by or on behalf of the Director of Public Prosecutions.

(6)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.

(7)But no such proceedings may be brought more than three years—

(a)after the commission of the offence, or

(b)in the case of a continuous contravention, after the last date on which the offence was committed.

(8)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.

(9)The Local Government Act 1972 is amended as follows.

(10)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 ”.

(11)In section 87(1)(ee) (date of casual vacancies)—

(a)after “2000” insert “ or section 34 of the Localism Act 2011 or ”, and

(b)after “decision” insert “ or order ”.

(12)The Greater London Authority Act 1999 is amended as follows.

(13)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—

“(ia)under section 34 of the Localism Act 2011,”.

(14)In section 9(1)(f) (date of casual vacancies)—

(a)before “or by virtue of” insert “ or section 34 of the Localism Act 2011 ”, and

(b)after “that Act” insert “ of 1998 or that section ”.

Valid from 07/06/2012

35Delegation of functions by Greater London AuthorityE+W

(1)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)a member of staff of the Greater London Authority, or

(b)a committee appointed in accordance with provision made by virtue of this section.

(2)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).

(3)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).

(4)Standing orders of the Greater London Authority may make provision about the membership and procedure of the standards committee.

(5)The provision that may be made under subsection (4) includes—

(a)provision for the standards committee to arrange for the discharge of its functions by a sub-committee of that committee;

(b)provision about the membership and procedure of such a sub-committee.

(6)Subject to subsection (7), the standards committee and any sub-committee of that committee—

(a)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

(b)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).

(7)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.

(8)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—

(a)it were a committee or (as the case may be) a sub-committee of a principal council within the meaning of that Part, and

(b)the Greater London Authority were a principal council in relation to that committee or sub-committee.

(9)Arrangements under this section for the exercise of any function by—

(a)a member of staff of the Greater London Authority, or

(b)the standards committee,

do not prevent the Mayor of London and the London Assembly from exercising those functions.

(10)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.

(11)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).

Valid from 15/01/2012

36Amendment of section 27 following abolition of police authoritiesE+W

In section 27(6) (which defines “relevant authority” for the purposes of this Chapter) omit—

(a)paragraph (f) (the Metropolitan Police Authority), and

(b)paragraph (k) (police authorities).

Valid from 15/01/2012

CHAPTER 8E+WPay accountability

38Pay policy statementsE+W

(1)A relevant authority must prepare a pay policy statement for the financial year 2012-2013 and each subsequent financial year.

(2)A pay policy statement for a financial year must set out the authority's policies for the financial year relating to—

(a)the remuneration of its chief officers,

(b)the remuneration of its lowest-paid employees, and

(c)the relationship between—

(i)the remuneration of its chief officers, and

(ii)the remuneration of its employees who are not chief officers.

(3)The statement must state—

(a)the definition of “lowest-paid employees” adopted by the authority for the purposes of the statement, and

(b)the authority's reasons for adopting that definition.

(4)The statement must include the authority's policies relating to—

(a)the level and elements of remuneration for each chief officer,

(b)remuneration of chief officers on recruitment,

(c)increases and additions to remuneration for each chief officer,

(d)the use of performance-related pay for chief officers,

(e)the use of bonuses for chief officers,

(f)the approach to the payment of chief officers on their ceasing to hold office under or to be employed by the authority, and

(g)the publication of and access to information relating to remuneration of chief officers.

(5)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.

39Supplementary provisions relating to statementsE+W

(1)A relevant authority's pay policy statement must be approved by a resolution of the authority before it comes into force.

(2)The first statement must be prepared and approved before the end of 31 March 2012.

(3)Each subsequent statement must be prepared and approved before the end of the 31 March immediately preceding the financial year to which it relates.

(4)A relevant authority may by resolution amend its pay policy statement (including after the beginning of the financial year to which it relates).

(5)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).

40GuidanceE+W

(1)A relevant authority in England must, in performing its functions under section 38 or 39, have regard to any guidance issued or approved by the Secretary of State.

(2)A relevant authority in Wales must, in performing its functions under section 38 or 39, have regard to any guidance issued or approved by the Welsh Ministers.

41Determinations relating to remuneration etcE+W

(1)This section applies to a determination that—

(a)is made by a relevant authority in a financial year beginning on or after 1 April 2012 and

(b)relates to the remuneration of or other terms and conditions applying to a chief officer of the authority.

(2)The relevant authority must comply with its pay policy statement for the financial year in making the determination.

(3)Any power of a fire and rescue authority within section 43(1)(i) to appoint officers and employees is subject to the requirement in subsection (2).

(4)In section 112 of the Local Government Act 1972 (appointment of staff) after subsection (2) insert—

“(2A)A local authority's power to appoint officers on such reasonable terms and conditions as the authority thinks fit is subject to section 41 of the Localism Act 2011 (requirement for determinations relating to terms and conditions of chief officers to comply with pay policy statement).”

42Exercise of functionsE+W

(1)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.

(2)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.

(3)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.

43InterpretationE+W

(1)In this Chapter “relevant authority” means—

(a)a county council,

(b)a county borough council,

(c)a district council,

(d)a London borough council,

(e)the Common Council of the City of London in its capacity as a local authority,

(f)the Council of the Isles of Scilly,

(g)the London Fire and Emergency Planning Authority,

(h)a metropolitan county fire and rescue authority, or

(i)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.

(2)In this Chapter “chief officer”, in relation to a relevant authority, means each of the following—

(a)the head of its paid service designated under section 4(1) of the Local Government and Housing Act 1989;

(b)its monitoring officer designated under section 5(1) of that Act;

(c)a statutory chief officer mentioned in section 2(6) of that Act;

(d)a non-statutory chief officer mentioned in section 2(7) of that Act;

(e)a deputy chief officer mentioned in section 2(8) of that Act.

(3)In this Chapter “remuneration”, in relation to a chief officer and a relevant authority, means—

(a)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,

(b)any bonuses payable by the authority to the chief officer,

(c)any charges, fees or allowances payable by the authority to the chief officer,

(d)any benefits in kind to which the chief officer is entitled as a result of the chief officer's office or employment,

(e)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

(f)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.

(4)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.

(5)References in this Chapter to the remuneration of, or the other terms and conditions applying to, a chief officer include—

(a)the remuneration that may be provided to, or the terms and conditions that may apply to, that chief officer in the future, and

(b)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.

(6)In this Chapter “remuneration”, in relation to a relevant authority and an employee of its who is not a chief officer, means—

(a)the employee's salary,

(b)any bonuses payable by the authority to the employee,

(c)any allowances payable by the authority to the employee,

(d)any benefits in kind to which the employee is entitled as a result of the employee's employment,

(e)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

(f)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.

(7)References in this Chapter to the remuneration of an employee who is not a chief officer include—

(a)the remuneration that may be provided to that employee in the future, and

(b)the remuneration that is to be provided to employees of the same kind that the authority may employ in the future.

(8)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.

Valid from 15/01/2012

CHAPTER 9E+WCommission for Local Administration in England

44Arrangements for provision of services and discharge of functionsE+W

(1)After section 33ZA of the Local Government Act 1974 insert—

“33ZBArrangements for provision of administrative and other services

(1)Arrangements involving the Commission may be entered into by persons within subsection (4) for the provision of administrative, professional or technical services by any one or more of the parties for any one or more of the parties, whether for consideration or otherwise.

(2)For the purposes of subsection (1), arrangements for the provision of services involve the Commission if the Commission is one of the parties to the arrangements and at least one of the following conditions is met—

(a)the Commission is the party, or one of the parties, by whom the services are to be provided;

(b)the Commission is the party, or one of the parties, to whom the services are to be provided.

(3)The arrangements that may be entered into under subsection (1) include arrangements for—

(a)the Commission, or

(b)the Commission jointly with any one or more of the parties,

to have the function of discharging, on behalf of a party, any function of that party which is of an administrative, professional or technical nature.

(4)The persons within this subsection are—

(a)the Commission,

(b)the Parliamentary Commissioner,

(c)the Health Service Commissioner for England, and

(d)the person administering a scheme approved under Schedule 2 to the Housing Act 1996 (scheme for enabling complaints to be investigated by a housing ombudsman).”

(2)In paragraph 13 of Schedule 4 to the Local Government Act 1974 (delegation by Local Commissioners) after sub-paragraph (2) insert—

“(3)Any function of the Commission may be discharged on the Commission's behalf—

(a)by any person authorised by the Commission to do so, and

(b)to the extent so authorised.

(4)Sub-paragraph (3) does not affect the responsibility of the Commission for the discharge of the function.”

Valid from 15/01/2012

CHAPTER 10E+WMiscellaneous repeals

45Repeal of duties relating to promotion of democracyE+W

Chapter 1 of Part 1 of the Local Democracy, Economic Development and Construction Act 2009 (duties relating to promotion of democracy) is repealed.

47Schemes to encourage domestic waste reduction by payments and chargesE+W

The following provisions are repealed—

(a)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

(b)sections 71(2) and (3) and 72 to 75 of that Act (which provide for the provisions mentioned in paragraph (a) to be piloted and then either brought into force, with or without amendments, or repealed).

Valid from 31/05/2012

PART 2 U.K.EU financial sanctions

48Power to require public authorities to make payments in respect of certain EU financial sanctionsU.K.

(1)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.

(2)A requirement to make a payment under this Part—

(a)may only be imposed on a public authority if—

(i)the authority has been designated under section 52; and

(ii)the EU financial sanction concerned is one to which the designation applies; and

(b)must be imposed by a notice given to the authority under section 56 (referred to in this Part as a final notice).

(3)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.

(4)Any sums paid by a public authority under this Part are to be paid into the Consolidated Fund.

(5)In this Part—

(a)“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;

(b)“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

(c)“Article 260(2) proceedings” means proceedings under Article 260(2) of that Treaty.

49Duty of the Secretary of State to issue a policy statementU.K.

(1)The Secretary of State must publish a statement of policy with respect to—

(a)the designation of public authorities under section 52;

(b)the imposition and variation of requirements to make payments under this Part; and

(c)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.

(2)The Secretary of State may from time to time revise and republish the statement of policy required by this section.

(3)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.

(4)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.

(5)In exercising functions under this Part in relation to an EU financial sanction which has been or may be imposed on the United Kingdom—

(a)a Minister of the Crown, and

(b)a panel established under section 53,

must have regard to the statement of policy most recently published under this section.

50The EU financial sanctions to which Part 2 appliesU.K.

(1)This Part applies to any EU financial sanction imposed on the United Kingdom after the commencement of this Part, subject to subsection (2).

(2)If a Minister of the Crown gives a certificate—

(a)specifying a part or parts of an EU financial sanction, and

(b)stating that this Part is not to apply to that part, or those parts, of the sanction,

this Part applies to that EU financial sanction as if it did not include that part or those parts.

(3)A certificate under subsection (2)—

(a)may make different provision about any of the following—

(i)the lump sum (if any) paid by the United Kingdom;

(ii)any periodic payment due from the United Kingdom under the terms of the EU financial sanction before the certificate is given; and

(iii)any subsequent periodic payment that may fall due from the United Kingdom under those terms; and

(b)must be given in such form and published in such manner as the Minister of the Crown giving it thinks fit.

(4)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).

51Meaning of “public authority” and related termsU.K.

(1)This section defines various terms used in this Part.

(2)“Public authority” means—

(a)a local authority to which subsection (3) applies; or

(b)any other person or body which has any non-devolved functions.

(3)This subsection applies to—

(a)any of the following in England—

(i)a county council, district council or London borough council;

(ii)the Common Council of the City of London (in its capacity as a local authority);

(iii)the Greater London Authority; and

(iv)the Council of the Isles of Scilly;

(b)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(c)a district council within the meaning of the Local Government Act (Northern Ireland) 1972;

(d)a council of a county or county borough in Wales.

(4)References to functions are to functions of a public nature.

(5)References to non-devolved functions are to functions which are not devolved functions.

(6)References to devolved functions are to—

(a)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);

(b)Northern Ireland devolved functions, that is to say 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); or

(c)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 108 of the Government of Wales Act 2006.

(7)References to a public authority with mixed functions are to a public authority which has both non-devolved and devolved functions.

(8)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)—

(a)the Scottish Ministers, if the public authority has any Scottish devolved functions;

(b)the relevant Northern Ireland department, if the public authority has any Northern Ireland devolved functions; and

(c)the Welsh Ministers, if the public authority has any Welsh devolved functions.

52Designation of public authoritiesU.K.

(1)A Minister of the Crown may by order designate a public authority for the purposes of this Part.

(2)The order must—

(a)specify the public authority by name;

(b)identify any EU financial sanction to which the designation applies; and

(c)describe the activities of the authority which are covered by the designation.

(3)The order may identify an EU financial sanction for the purposes of subsection (2)(b) by—

(a)specifying an EU financial sanction that has been imposed on the United Kingdom;

(b)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;

(c)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

(d)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.

(4)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)a Reasoned Opinion addressed to the United Kingdom under Article 258 or 259 (as the case may be); or

(b)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.

(5)The activities described for the purposes of subsection (2)(c) must be activities of the public authority which—

(a)are carried out in the exercise of non-devolved functions of the public authority; and

(b)take place after the provisions of the order describing the activities come into force.

(6)The following may not be designated under this section—

(a)the House of Commons, the House of Lords, the Scottish Parliament, the Northern Ireland Assembly or the National Assembly for Wales;

(b)a Minister of the Crown or a United Kingdom government department;

(c)a member of the Scottish Executive;

(d)the First Minister or the deputy First Minister for Northern Ireland, a Northern Ireland Minister or a Northern Ireland Department;

(e)a member of the Welsh Assembly Government;

(f)a court or tribunal.

(7)Before making an order designating a public authority a Minister of the Crown must consult—

(a)the public authority concerned; and

(b)if it is a public authority with mixed functions, the appropriate national authority.

(8)In sections 54 to 56 references to “acts”, in relation to a public authority which has been designated under this section, are to acts within a description of activities covered by the designation.

53Establishment of independent panelU.K.

(1)This section applies where—

(a)an EU financial sanction to which this Part applies has been imposed by the Court of Justice; and

(b)at least one public authority is the subject of a designation order under section 52 which applies to that EU financial sanction.

(2)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.

(3)The panel must be established before any warning notice is given to a public authority in relation to that EU financial sanction.

(4)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.

(5)A Minister of the Crown may invite nominations for appointment to the panel from such organisations as a Minister of the Crown considers appropriate.

(6)The validity of any acts of the panel is not affected by a vacancy among its members.

(7)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.

(8)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.

54Warning noticesU.K.

(1)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)a Minister of the Crown must give a warning notice under this section to the public authority;

(b)the procedures set out in the warning notice (with any changes made under subsection (9)) must be followed; and

(c)a Minister of the Crown must determine the matters mentioned in section 55(4).

(2)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—

(a)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

(b)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.

(3)The warning notice must also—

(a)identify the EU financial sanction to which the notice relates;

(b)specify the total amount of that sanction (see subsection (7));

(c)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));

(d)set out the reasons for making the statement required by subsection (2);

(e)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);

(f)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;

(g)invite the authority to make representations to a Minister of the Crown about the matters mentioned in paragraphs (e) and (f);

(h)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 —

(i)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);

(ii)by another public authority which has been given a warning notice in relation to the same EU financial sanction; or

(iii)by the appropriate national authority in response to an invitation under paragraph (j) included in the notice; and

(j)if the authority has mixed functions, invite the appropriate national authority to make representations about anything contained in or arising from the notice.

(4)The warning notice may contain other such information as the Minister of the Crown giving it considers appropriate.

(5)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)).

(6)If the authority has mixed functions, a Minister of the Crown must—

(a)consult the appropriate national authority before deciding to give a warning notice to the authority; and

(b)give the appropriate national authority a copy of any warning notice the Minister of the Crown decides to give.

(7)In subsection (3)(b) the “total amount of the sanction” means the sum of the following—

(a)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

(b)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));

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.

(8)The periodic payments to be taken into account for the purposes of subsection (3)(c) do not include—

(a)any periodic payment taken into account in calculating the total amount of the sanction for the purposes of subsection (3)(b); or

(b)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).

(9)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)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

(b)a copy of the warning notice incorporating those changes.

(10)A Minister of the Crown must consult the panel before making any changes under subsection (9).

(11)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.

(12)In this section and section 55 “the panel” means the panel established under section 53 to deal with the EU financial sanction to which the notice relates.

55Matters to be determined before a final notice is givenU.K.

(1)This section applies where—

(a)a warning notice has been given to a public authority; and

(b)the panel has considered all representations made to it under the procedures set out in that notice.

(2)The panel must make, to a Minister of the Crown, a report on the matters to which the representations made to the panel relate.

(3)The report—

(a)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;

(b)must include recommendations as to the determination of the matters mentioned in subsection (4)(a) and (b);

(c)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

(d)must include the panel's reasons for any recommendations included in the report.

(4)After having had regard to the report, a Minister of the Crown must determine the following matters—

(a)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;

(b)the proportion of—

(i)the total amount of the sanction (being the amount to be specified under section 56(2)(b) if a final notice is given), and

(ii)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),

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;

(c)whether the authority should be required to make any payment or payments in respect of the EU financial sanction;

(d)if so, what payment or payments the authority should make towards—

(i)the total amount of the sanction referred to in paragraph (b)(i); and

(ii)any periodic payments referred to in paragraph (b)(ii); and

(e)when any such payment or payments should be made.

(5)In determining the matters mentioned in subsection (4)(c), (d) and (e) the Minister of the Crown must have regard to—

(a)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;

(b)the determination under subsection (4)(b); and

(c)any other relevant considerations.

(6)Before making a final decision on the matters mentioned in subsection (4)(c), (d) and (e), the Minister of the Crown must invite—

(a)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

(b)if the authority has mixed functions, representations from the appropriate national authority.

56Final noticesU.K.

(1)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.

(2)The final notice must—

(a)identify the EU financial sanction to which the notice relates;

(b)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));

(c)describe the acts of the authority that a Minister of the Crown has under section 55(4) determined—

(i)have caused or contributed to the infraction of EU law concerned; or

(ii)have caused or contributed, or will continue to cause or contribute, to the continuation of that infraction;

and set out the reasons for that determination;

(d)summarise the other determinations made by a Minister of the Crown under section 55(4) and set out the reasons for making them;

(e)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);

(f)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

(g)specify how and to whom payments are to be made.

(3)In subsection (2)(b) and (e) the “total amount of the sanction” means the sum of the following—

(a)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

(b)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));

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.

(4)In subsection (2)(b) “future periodic payments” means periodic payments due from the United Kingdom other than—

(a)any periodic payment taken into account in calculating the total amount of the sanction; or

(b)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).

(5)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.

(6)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).

(7)A Minister of the Crown may—

(a)consult the panel, or refer any matter relating to the possible termination or variation of the requirement for its advice or recommendations;

(b)invite the authority to make representations; and

(c)if the authority has mixed functions, invite the appropriate national authority to make representations,

before deciding whether to terminate or vary the requirement mentioned in subsection (5).

(8)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).

57Interpretation of Part: generalU.K.

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.

Prospective

PART 3 E+WEU financial sanctions: Wales

58Power to require Welsh public authorities to make payments in respect of certain EU financial sanctionsE+W

(1)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.

(2)A requirement to make a payment under this Part—

(a)may only be imposed on a Welsh public authority if—

(i)the authority has been designated under section 62; and

(ii)the EU financial sanction concerned is one to which the designation applies; and

(b)must be imposed by a notice given to the authority under section 66 (referred to in this Part as a final notice).

(3)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.

(4)Any sums paid by a Welsh public authority under this Part are to be paid into the Welsh Consolidated Fund.

(5)In this Part—

(a)“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;

(b)“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

(c)“Article 260(2) proceedings” means proceedings under Article 260(2) of that Treaty.

59Duty of the Welsh Ministers to issue a policy statementE+W

(1)The Welsh Ministers must publish a statement of policy with respect to—

(a)the designation of Welsh public authorities under section 62;

(b)the imposition and variation of requirements to make payments under this Part; and

(c)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.

(2)The Welsh Ministers may from time to time revise and republish the statement of policy required by this section.

(3)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.

(4)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.

(5)In exercising functions under this Part in relation to an EU financial sanction which has been or may be imposed on the United Kingdom—

(a)the Welsh Ministers, and

(b)a panel established under section 63,

must have regard to the statement of policy most recently published under this section.

60The EU financial sanctions to which Part 3 appliesE+W

(1)This Part applies to an EU financial sanction imposed on the United Kingdom if—

(a)the sanction is imposed after the commencement of this Part, and

(b)the Welsh Ministers certify that this Part applies to the sanction.

(2)If a certificate under subsection (1)—

(a)specifies a part or parts of the EU financial sanction concerned, and

(b)states that this Part applies only to that part, or those parts, of the sanction,

this Part applies to the sanction as if it included only that part or those parts.

(3)A certificate under subsection (1)—

(a)may make different provision about any of the following—

(i)the lump sum (if any) paid by the United Kingdom;

(ii)any periodic payment due from the United Kingdom under the terms of the EU financial sanction before the certificate is given; and

(iii)any future periodic payment that may fall due from the United Kingdom under those terms; and

(b)must be given in such form and published in such manner as the Welsh Ministers think fit.

(4)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).

61Meaning of “Welsh public authority” and related termsE+W

(1)Subsections (2) to (5) define various terms used in this Part.

(2)“Welsh public authority” means—

(a)a council of a county or county borough in Wales; or

(b)any other person or body which has any Welsh devolved functions.

(3)References to functions are to functions of a public nature.

(4)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 [F2section 108A] of the Government of Wales Act 2006.

(5)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)a Minister of the Crown, if the Welsh public authority has any functions which are not devolved functions;

(b)the Scottish Ministers, if the Welsh public authority has any Scottish devolved functions; and

(c)the relevant Northern Ireland Department, if the Welsh public authority has any Northern Ireland devolved functions.

(6)In subsection (5)(a) “devolved functions” means—

(a)Welsh devolved functions;

(b)Scottish devolved functions; or

(c)Northern Ireland devolved functions.

(7)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).

62Designation of Welsh public authoritiesE+W

(1)The Welsh Ministers may by order designate a Welsh public authority for the purposes of this Part.

(2)The order must—

(a)specify the Welsh public authority by name;

(b)identify any EU financial sanction to which the designation applies; and

(c)describe the activities of the authority which are covered by the designation.

(3)The order may identify an EU financial sanction for the purposes of subsection (2)(b) by—

(a)specifying an EU financial sanction that has been imposed on the United Kingdom;

(b)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;

(c)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

(d)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.

(4)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)a Reasoned Opinion addressed to the United Kingdom under Article 258 or 259 (as the case may be); or

(b)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.

(5)The activities described for the purposes of subsection (2)(c) must be activities of the Welsh public authority which—

(a)are carried out in the exercise of Welsh devolved functions of the authority; and

(b)take place after the provisions of the order describing the activities come into force.

(6)The following may not be designated under this section—

(a)the National Assembly for Wales;

(b)a Minister of the Crown or a United Kingdom government department;

(c)a member of the Welsh Assembly Government;

(d)a court or tribunal.

(7)Before making an order designating a Welsh public authority the Welsh Ministers must consult—

(a)the authority concerned; and

(b)if the authority concerned has any functions other than Welsh devolved functions, the appropriate national authority.

(8)In sections 64 to 66 references to “acts”, in relation to a Welsh public authority which has been designated under this section, are to acts within a description of activities covered by the designation.

63Establishment of independent panelE+W

(1)This section applies where—

(a)an EU financial sanction to which this Part applies has been imposed by the Court of Justice; and

(b)at least one Welsh public authority is the subject of a designation order under section 62 which applies to that EU financial sanction.

(2)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.

(3)The panel must be established before any warning notice is given to a Welsh public authority in relation to that EU financial sanction.

(4)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.

(5)The Welsh Ministers may invite nominations for appointment to the panel from such organisations as the Welsh Ministers consider appropriate.

(6)The validity of any acts of the panel is not affected by a vacancy among its members.

(7)The Welsh Ministers may pay to a member of the panel such fees, allowances or expenses as the Welsh Ministers may determine.

(8)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.

64Warning noticesE+W

(1)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—

(a)the Welsh Ministers must give a warning notice under this section to the authority;

(b)the procedures set out in the warning notice (with any changes made under subsection (9)) must be followed; and

(c)the Welsh Ministers must determine the matters mentioned in section 65(4).

(2)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—

(a)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

(b)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.

(3)The warning notice must also—

(a)identify the EU financial sanction to which the notice relates;

(b)specify the total amount of that sanction (see subsection (7));

(c)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));

(d)set out the reasons for making the statement required by subsection (2);

(e)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);

(f)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;

(g)invite the authority to make representations to the Welsh Ministers about the matters mentioned in paragraphs (e) and (f);

(h)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 —

(i)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);

(ii)by another Welsh public authority which has been given a warning notice in relation to the same EU financial sanction; or

(iii)by the appropriate national authority in response to an invitation under paragraph (j) included in the notice; and

(j)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.

(4)The warning notice may contain such other information as the Welsh Ministers consider appropriate.

(5)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)).

(6)If the authority has any functions other than Welsh devolved functions, the Welsh Ministers must—

(a)consult the appropriate national authority before deciding to give a warning notice to the authority; and

(b)give the appropriate national authority a copy of any warning notice the Welsh Ministers decide to give.

(7)In subsection (3)(b) the “total amount of the sanction” means the sum of the following—

(a)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

(b)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));

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.

(8)The periodic payments to be taken into account for the purposes of subsection (3)(c) do not include—

(a)any periodic payment taken into account in calculating the total amount of the sanction for the purposes of subsection (3)(b); or

(b)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).

(9)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)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

(b)a copy of the warning notice incorporating those changes.

(10)The Welsh Ministers must consult the panel before making any changes under subsection (9).

(11)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.

(12)In this section and section 65 “the panel” means the panel established under section 63 to deal with the EU financial sanction to which the notice relates.

65Matters to be determined before a final notice is givenE+W

(1)This section applies where—

(a)a warning notice has been given to a Welsh public authority; and

(b)the panel has considered all representations made to it under the procedures set out in that notice.

(2)The panel must make a report to the Welsh Ministers on the matters to which the representations made to the panel relate.

(3)The report—

(a)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;

(b)must include recommendations as to the determination of the matters mentioned in subsection (4)(a) and (b);

(c)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

(d)must include the panel's reasons for any recommendations included in the report.

(4)After having had regard to the report, the Welsh Ministers must determine the following matters—

(a)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;

(b)the proportion of—

(i)the total amount of the sanction (being the amount to be specified under section 66(2)(b) if a final notice is given), and

(ii)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),

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;

(c)whether the authority should be required to make any payment or payments in respect of the EU financial sanction;

(d)if so, what payment or payments the authority should make towards—

(i)the total amount of the sanction referred to in paragraph (b)(i); and

(ii)any periodic payments referred to in paragraph (b)(ii); and

(e)when any such payment or payments should be made.

(5)In determining the matters mentioned in subsection (4)(c), (d) and (e) the Welsh Ministers must have regard to—

(a)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;

(b)the determination under subsection (4)(b); and

(c)any other relevant considerations.

(6)Before making a final decision on the matters mentioned in subsection (4)(c), (d) and (e), the Welsh Ministers must invite—

(a)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

(b)if the authority has any functions other than Welsh devolved functions, representations from the appropriate national authority.

66Final noticesE+W

(1)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.

(2)The final notice must—

(a)identify the EU financial sanction to which the notice relates;

(b)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));

(c)describe the acts of the authority that the Welsh Ministers have under section 65(4) determined—

(i)have caused or contributed to the infraction of EU law concerned; or

(ii)have caused or contributed, or will continue to cause or contribute, to the continuation of that infraction;

and set out the reasons for that determination;

(d)summarise the other determinations made by the Welsh Ministers under section 65(4) and set out the reasons for making them;

(e)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);

(f)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

(g)specify how and to whom payments are to be made.

(3)In subsection (2)(b) and (e) the “total amount of the sanction” means the sum of the following—

(a)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

(b)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));

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.

(4)In subsection (2)(b) “future periodic payments” means periodic payments due from the United Kingdom other than—

(a)any periodic payment taken into account in calculating the total amount of the sanction; or

(b)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).

(5)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.

(6)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).

(7)The Welsh Ministers may—

(a)consult the panel, or refer any matter relating to the possible termination or variation of the requirement for its advice or recommendations;

(b)invite the authority to make representations; and

(c)if the authority has any functions other than Welsh devolved functions, invite the appropriate national authority to make representations,

before deciding whether to terminate or vary the requirement mentioned in subsection (5).

(8)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).

67Interpretation of Part: generalE+W

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).

Valid from 15/01/2012

PART 4 E+WNon-domestic rates etc

Business rate supplementsE+W

68Ballot for imposition and certain variations of a business rate supplementE+W

(1)The Business Rate Supplements Act 2009 (“the 2009 Act”) is amended as follows.

(2)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 ”.

(3)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).

(4)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 ”.

(5)In section 10 (variations)—

(a)in subsection (2)(c) (condition for varying a BRS) omit the words from the beginning to “subsection (7),”, and

(b)omit subsections (7) to (9) (provision about the circumstances in which a ballot on a proposal to vary a BRS is to be held).

(6)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—

“19In an initial prospectus, a statement that there is to be a ballot on the imposition of the BRS.

20In a final prospectus—

(a)a statement that a ballot has been held on the imposition of the BRS;

(b)the results of the ballot, including in particular—

(i)the total number of votes cast,

(ii)the number of persons who voted in favour of the imposition of the BRS,

(iii)the number of persons who voted against its imposition,

(iv)the aggregate of the rateable values of each hereditament in respect of which a person voted in the ballot,

(v)the aggregate of the rateable values of each hereditament in respect of which a person voted in favour of the imposition of the BRS, and

(vi)the aggregate of the rateable values of each hereditament in respect of which a person voted against its imposition.”

(7)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).

(8)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 ratesE+W

70Small business reliefE+W

(1)Section 43 of the Local Government Finance Act 1988 (liability to non-domestic rates) is amended as follows.

(2)In subsection (4B)(a) (small business relief: England) omit—

(a)sub-paragraph (i) (maximum rateable value of hereditament), and

(b)sub-paragraph (iii) (requirement for application).

(3)Omit subsection (4C) (form and content of application).

(4)In subsection (4D) (offence of making false application)—

(a)after “If” insert “ the ratepayer makes an application in order to satisfy a condition prescribed under subsection (4B)(a)(ii) above and ”,

(b)in paragraph (a) for “an application under subsection (4B)(a)(iii) above” substitute “ the application ”, and

(c)in paragraph (b) for “such an” substitute “ the ”.

71Cancellation of liability to backdated non-domestic ratesE+W

After section 49 of the Local Government Finance Act 1988 insert—

“49ACancellation of backdated liabilities for days in years 2005 to 2010

(1)The Secretary of State may by regulations provide that, in a prescribed case, the chargeable amount under section 43 or 45 for a hereditament in England for a chargeable day is zero.

(2)The regulations may give that relief in relation to a hereditament and a chargeable day only if—

(a)the hereditament is shown for the day in a local non-domestic rating list compiled on 1 April 2005, and

(b)it is shown for that day as it is shown as the result of an alteration of the list made after the list was compiled.

(3)The regulations may give that relief in relation to a hereditament and a chargeable day subject to the fulfilment of prescribed conditions.

(4)A prescribed condition may be—

(a)a condition to be fulfilled in relation to the hereditament,

(b)a condition to be fulfilled in relation to some other hereditament, or

(c)some other condition.

(5)The conditions that may be prescribed include, in particular—

(a)conditions relating to the circumstances in which an alteration of a local non-domestic rating list was made;

(b)conditions relating to the consequences of the alteration;

(c)conditions relating to the length of the period beginning with the first day from which an alteration had effect and ending with the day on which the alteration was made;

(d)conditions relating to a person's liability or otherwise to non-domestic rates at any time.”

Valid from 15/01/2012

CHAPTER 1E+WCouncil tax

Valid from 03/12/2011

74Council tax calculations by billing authorities in EnglandE+W

Before section 32 of the Local Government Finance Act 1992 insert—

“31ACalculation of council tax requirement by authorities in England

(1)In relation to each financial year a billing authority in England must make the calculations required by this section.

(2)The authority must calculate the aggregate of—

(a)the expenditure which the authority estimates it will incur in the year in performing its functions and will charge to a revenue account, other than a BID Revenue Account, for the year in accordance with proper practices,

(b)such allowance as the authority estimates will be appropriate for contingencies in relation to amounts to be charged or credited to a revenue account for the year in accordance with proper practices,

(c)the financial reserves which the authority estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,

(d)such financial reserves as are sufficient to meet so much of the amount estimated by the authority to be a revenue account deficit for any earlier financial year as has not already been provided for,

(e)any amounts which it estimates will be transferred in the year from its general fund to its collection fund in accordance with section 97(4) of the 1988 Act, and

(f)any amounts which it estimates will be transferred from its general fund to its collection fund pursuant to a direction under section 98(5) of the 1988 Act and charged to a revenue account for the year.

(3)The authority must calculate the aggregate of—

(a)the income which it estimates will accrue to it in the year and which it will credit to a revenue account, other than a BID Revenue Account, for the year in accordance with proper practices,

(b)any amounts which it estimates will be transferred in the year from its collection fund to its general fund in accordance with section 97(3) of the 1988 Act,

(c)any amounts which it estimates will be transferred from its collection fund to its general fund pursuant to a direction under section 98(4) of the 1988 Act and will be credited to a revenue account for the year, and

(d)the amount of the financial reserves which the authority estimates it will use in order to provide for the items mentioned in subsection (2)(a), (b), (e) and (f) above.

(4)If the aggregate calculated under subsection (2) above exceeds that calculated under subsection (3) above, the authority must calculate the amount equal to the difference; and the amount so calculated is to be its council tax requirement for the year.

(5)In making the calculation under subsection (2) above the authority must ignore payments which must be met from its collection fund under section 90(2) of the 1988 Act or from a trust fund.

(6)In estimating under subsection (2)(a) above the authority must take into account—

(a)the amount of any expenditure which it estimates it will incur in the year in making any repayments of grants or other sums paid to it by the Secretary of State, and

(b)the amount of any precept issued to it for the year by a local precepting authority and the amount of any levy or special levy issued to it for the year.

(7)But (except as provided by regulations under section 41 below or regulations under section 74 or 75 of the 1988 Act) the authority must not anticipate a precept, levy or special levy not issued.

(8)For the purposes of subsection (2)(c) above an authority's estimated future expenditure is—

(a)that which the authority estimates it will incur in the financial year following the year in question, will charge to a revenue account for the year in accordance with proper practices and will have to defray in the year before the following sums are sufficiently available—

(i)sums which will be payable for the year into its general fund and in respect of which amounts will be credited to a revenue account for the year in accordance with proper practices, and

(ii)sums which will be transferred as regards the year from its collection fund to its general fund, and

(b)that which the authority estimates it will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year in accordance with proper practices.

(9)In making the calculation under subsection (3) above the authority must ignore—

(a)payments which must be made into its collection fund under section 90(1) of the 1988 Act or to a trust fund, and

(b)subject to paragraphs (b) and (c) of subsection (3) above, sums which have been or are to be transferred from its collection fund to its general fund.

(10)The Secretary of State may by regulations do either or both of the following—

(a)alter the constituents of any calculation to be made under subsection (2) or (3) above (whether by adding, deleting or amending items);

(b)alter the rules governing the making of any calculation under subsection (2) or (3) above (whether by deleting or amending subsections (5) to (9) above, or any of them, or by adding other provisions, or by a combination of those methods).

(11)Calculations to be made in relation to a particular financial year under this section must be made before 11th March in the preceding financial year, but they are not invalid merely because they are made on or after that date.

(12)This section is subject to section 52ZS below (which requires a direction to a billing authority that the referendum provisions in Chapter 4ZA are not to apply to the authority for a financial year to state the amount of the authority's council tax requirement for the year).

(13)In this section “BID Revenue Account” has the same meaning as in Part 4 of the Local Government Act 2003.

31BCalculation of basic amount of tax by authorities in England

(1)In relation to each financial year a billing authority in England must calculate the basic amount of its council tax by applying the formula—

where—

R is the amount calculated (or last calculated) by the authority under section 31A(4) above as its council tax requirement for the year;

T is the amount which is calculated by the authority as its council tax base for the year and, where one or more major precepting authorities have power to issue precepts to it, is notified by it to those authorities (“the major precepting authorities concerned”) within the prescribed period.

(2)Where the aggregate calculated (or last calculated) by the authority for the year under subsection (2) of section 31A above does not exceed that so calculated under subsection (3) of that section, the amount for item R in subsection (1) above is to be nil.

(3)The Secretary of State must make regulations containing rules for making for any year the calculation required by item T in subsection (1) above; and a billing authority must make the calculation for any year in accordance with the rules for the time being effective (as regards the year) under the regulations.

(4)Regulations prescribing a period for the purposes of item T in subsection (1) above may provide that, in any case where a billing authority fails to notify its calculation to the major precepting authorities concerned within that period, that item must be determined in the prescribed manner by such authority or authorities as may be prescribed.

(5)The Secretary of State may by regulations do either or both of the following—

(a)alter the constituents of any calculation to be made under subsection (1) above (whether by adding, deleting or amending items);

(b)provide for rules governing the making of any calculation under that subsection (whether by adding provisions to, or deleting or amending provisions of, this section, or by a combination of those methods).”

Valid from 03/12/2011

75Council tax calculations by major precepting authorities in EnglandE+W

Before section 43 of the Local Government Finance Act 1992 insert—

“42ACalculation of council tax requirement by authorities in England

(1)In relation to each financial year a major precepting authority in England must make the calculations required by this section.

(2)The authority must calculate the aggregate of—

(a)the expenditure the authority estimates it will incur in the year in performing its functions and will charge to a revenue account for the year in accordance with proper practices,

(b)such allowance as the authority estimates will be appropriate for contingencies in relation to amounts to be charged or credited to a revenue account for the year in accordance with proper practices,

(c)the financial reserves which the authority estimates it will be appropriate to raise in the year for meeting its estimated future expenditure, and

(d)such financial reserves as are sufficient to meet so much of the amount estimated by the authority to be a revenue account deficit for any earlier financial year as has not already been provided for.

(3)The authority must calculate the aggregate of—

(a)the income which it estimates will accrue to it in the year and which it will credit to a revenue account for the year in accordance with proper practices, other than income which it estimates will accrue to it in respect of any precept issued by it, and

(b)the amount of the financial reserves which the authority estimates that it will use in order to provide for the items mentioned in paragraphs (a) and (b) of subsection (2) above.

(4)If the aggregate calculated under subsection (2) above exceeds that calculated under subsection (3) above, the authority must calculate the amount equal to the difference; and the amount so calculated is to be its council tax requirement for the year.

(5)In making the calculation under subsection (2) above the authority must ignore payments which must be met from a trust fund.

(6)In estimating under subsection (2)(a) above an authority must take into account—

(a)the amount of any expenditure which it estimates it will incur in the year in making any repayments of grants or other sums paid to it by the Secretary of State, and

(b)in the case of an authority which is a county council, the amount of any levy issued to it for the year.

(7)But (except as provided by regulations under section 74 of the 1988 Act) the authority must not anticipate a levy not issued.

(8)For the purposes of subsection (2)(c) above an authority's estimated future expenditure is—

(a)that which the authority estimates it will incur in the financial year following the year in question, will charge to a revenue account for the year in accordance with proper practices and will have to defray in the year before the following sums are sufficiently available—

(i)sums which will be payable to it for the year, and

(ii)sums in respect of which amounts will be credited to a revenue account for the year in accordance with proper practices, and

(b)that which the authority estimates it will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year in accordance with proper practices.

(9)In making the calculation under subsection (3) above the authority must ignore payments which must be made into a trust fund.

(10)In estimating under subsection (3)(a) above the authority must take into account the sums which the authority estimates will be paid to it in the year by billing authorities in accordance with regulations under section 99(3) of the 1988 Act.

(11)The Secretary of State may by regulations do one or both of the following—

(a)alter the constituents of any calculation to be made under subsection (2) or (3) above (whether by adding, deleting or amending items);

(b)alter the rules governing the making of any calculation under subsection (2) or (3) above (whether by deleting or amending subsections (5) to (10) above, or any of them, or by adding other provisions, or by a combination of those methods).

(12)This section is subject to section 52ZT below (which requires a direction to a major precepting authority that the referendum provisions in Chapter 4ZA are not to apply to the authority for a financial year to state the amount of the authority's council tax requirement for the year).

42BCalculation of basic amount of tax by authorities in England

(1)In relation to each financial year a major precepting authority in England must calculate the basic amount of its council tax by applying the formula—

where—

R is the amount calculated (or last calculated) by the authority under section 42A(4) above as its council tax requirement for the year;

T is the aggregate of the amounts which are calculated by the billing authorities to which the authority issues precepts (“the billing authorities concerned”) as their council tax bases for the year for their areas, or (as the case may require) for the parts of their areas falling within the authority's area, and are notified by them to the authority within the prescribed period.

(2)Where the aggregate calculated (or last calculated) by the authority for the year under subsection (2) of section 42A above does not exceed that so calculated under subsection (3) of that section, the amount for item R in subsection (1) above is to be nil.

(3)The Secretary of State must make regulations containing rules for making for any year the calculation required by item T in subsection (1) above; and the billing authorities concerned must make the calculations for any year in accordance with the rules for the time being effective (as regards the year) under the regulations.

(4)Regulations prescribing a period for the purposes of item T in subsection (1) above may provide that, in any case where a billing authority fails to notify its calculation to the precepting authority concerned within that period, that item must be determined in the prescribed manner by such authority or authorities as may be prescribed.

(5)The Secretary of State may by regulations do either or both of the following—

(a)alter the constituents of any calculation to be made under subsection (1) above (whether by adding, deleting or amending items);

(b)provide for rules governing the making of any calculation under that subsection (whether by adding provisions to, or deleting or amending provisions of, this section, or by a combination of those methods).”