Localism Act 2011

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—

  1. (a)

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

  2. (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—

  1. (a)

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

  2. (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—

  1. (a)

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

  2. (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.”

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”.

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”.

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.”

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.”

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.”

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.”

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).”

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;”.

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;”.

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 authorities

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.”

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.”

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).”

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.”

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.”

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.”

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.”

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.”

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,”.

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).”

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).”

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.”