Cities and Local Government Devolution Bill [HL] — Commons Amendments — 12 Jan 2016 at 16:55

Relevant documents: 1st, 3rd, 4th and 17th Reports from the Delegated Powers Committee

Motion on Amendments 1 to 18

Moved by Baroness Williams of Trafford

That this House do agree with the Commons in their Amendments 1 to 18.

1: Clause 1, page 1, line 10, at end insert-

“(ba) functions exercisable by a Minister of the Crown that have been devolved as a result of agreements so as to become exercisable by a mayor for the area of a combined authority (including information as to any such functions that remain exercisable by a Minister of the Crown as a result of an agreement providing for functions to be exercisable jointly or concurrently);”

2: Clause 1, page 1, line 11, after “functions” insert “(so far as not falling within paragraph (ba))”

3: Clause 1, page 1, line 14, leave out “under section 2”

4: Clause 1, page 1, line 19, at end insert-

“( ) In this section-

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.”

5: Clause 2, page 2, line 1, leave out Clause 2

6: Clause 3, page 2, line 18, leave out subsection (2)

7: Clause 3, page 3, line 8, leave out from “authority,” to end of line 10 and insert “there are one or more non-consenting constituent councils but the combined authority and at least two constituent councils consent.”

8: Clause 3, page 3, line 13, leave out second “the” and insert “each”

9: Clause 3, page 3, line 15, leave out subsection (5)

10: Clause 5, page 4, line 26, at end insert “, or

(c) so far as authorised by an order made by the Secretary of State-

(i) for a person appointed as the deputy mayor for policing and crime by virtue of an order under paragraph 3(1) of Schedule 2, or

(ii) for a committee of the combined authority, consisting of members appointed by the mayor (whether or not members of the authority), to exercise any such function.

( ) An order under subsection (3)(c)(ii) may include provision-

(a) about the membership of the committee;

(b) about the member of the committee who is to be its chair;

(c) about the appointment of members;

(d) about the voting powers of members (including provision for different weight to be given to the vote of different descriptions of member);

(e) about information held by the combined authority that must, or must not, be disclosed to the committee for purposes connected to the exercise of the committee’s functions;

(f) applying (with or without modifications) sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).”

11: Clause 5, page 4, line 39, leave out paragraph (b) and insert-

“(b) in accordance with arrangements made by virtue of this section or section 107DA.”

12: Clause 5, page 4, line 41, at end insert-

“( ) include provision for general functions to be exercisable by the mayor subject to conditions or limitations specified in the order (including, for example, a condition for general functions to be exercisable only with the consent of the appropriate authorities (as defined by section 107B(6)));”

13: Clause 5, page 5, line 3, at end insert-

“( ) provide that functions that the mayoral combined authority discharges in accordance with arrangements under section 101(1)(b) of the Local Government Act 1972 (discharge of local authority functions by another authority) are to be treated as general functions exercisable by the mayor (so far as authorised by the arrangements).”

14: Clause 5, page 5, line 12, at end insert “, and

( ) in the case of an order made in relation to an existing mayoral combined authority, the mayor of the authority.”

15: Clause 5, page 5, line 14, leave out “the” and insert “a”

16: Clause 5, page 5, line 16, at end insert-

“107DA Joint exercise of general functions

(1) The Secretary of State may by order make provision for, or in connection with, permitting arrangements under section 101(5) of the Local Government Act 1972 to be entered into in relation to general functions of a mayor for the area of a combined authority.

(2) Provision under subsection (1) may include provision-

(a) for the mayor for the area of a combined authority to be a party to the arrangements in place of, or jointly with, the authority;

(b) about the membership of any joint committee;

(c) about the member of the joint committee who is to be its chair;

(d) about the appointment of members to a joint committee;

(e) about the voting powers of members of a joint committee (including provision for different weight to be given to the vote of different descriptions of member).

(3) Provision under subsection (2)(b) to (d) may include provision for the mayor or other persons-

(a) to determine the number of members;

(b) to have the power to appoint members (whether or not members of the combined authority or a local authority that is a party to the arrangements).

(4) Provision under subsection (2)(c) may include provision as to the circumstances in which appointments to a joint committee need not be made in accordance with sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).

(5) In this section references to a joint committee are to a joint committee falling within section 101(5)(a) of the Local Government Act 1972 that is authorised to discharge, by virtue of an order under this section, general functions of a mayor for the area of a combined authority.”

17: Clause 5, page 5, line 32, at end insert “, and

( ) in the case of an order made in relation to an existing mayoral combined authority, the mayor of the authority.”

18: Clause 5, page 6, line 14, leave out “the” and insert “a”

Debate in Parliament | Source |