Levelling-up and Regeneration Bill
A Bill to make provision for the setting of levelling-up missions and reporting on progress in delivering them; about local democracy; about town and country planning; about Community Infrastructure Levy; about the imposition of Infrastructure Levy; about environmental outcome reports for certain consents and plans; about regeneration; about the compulsory purchase of land; about information and records relating to land, the environment or heritage; for the provision for pavement licences to be permanent; about governance of the Royal Institution of Chartered Surveyors; about vagrancy and begging; and for connected purposes.
- Originating House: Commons
- Current House: Lords
- Current Stage: Report stage
- Sponsors: Michael Gove (Department for Levelling Up, Housing and Communities),Baroness Scott of Bybrook (Department for Levelling Up, Housing and Communities)
- Link: https://bills.parliament.uk/bills/3155
The analysis below is based on the latest amended version of the bill found on 25th July 2023. You can find the exact PDF document here: https://publications.parliament.uk/pa/bills/lbill/58-03/142/5803142.pdf
Below we have highlighted changes found in the most recent amended version of the bill that was found on the analysis-date of 25th July 2023, so it may not reflect latest changes. Those highest up have been flagged as impactful or worthy of public scutiny or attention. These are the likely to be the highest signal parts of the bill; members of the public might benefit from seeing these.
Important: This document is not guaranteed to reflect the content of the bill, and may be entirely inaccurate in its summaries. This is an experimental analysis.
You are urged to read the bill itself on the official parliament bills website: https://bills.parliament.uk/bills/3155
- 🔴 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection (7)
The amendment introduces an offense for failing to comply with a requirement under subsection (2) or providing false information in response to such a requirement.
Exemplar quote from bill: ...e of obtaining information about the premises that the local authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises. (7) ...A person commits an offence if the person— 10 (a) fails without reasonable excuse to comply with a requirement under subsection (2), or (b) in response to such a requirement, gives information that— (i) is false, and (ii) the person knows or should reasonably know to be false.... 15 (8) A person who commits an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. 201 Power to enter and survey land (1) 20 This secti...
- ‼️ Justice System
(Variously affected)
- 🔴 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
section 202
The amendment introduces offenses for obstructing a person in the exercise of the power conferred by section 201(2) and disclosing confidential information obtained in the exercise of that power for purposes other than those for which it was exercised. The penalties for these offenses are specified.
Exemplar quote from bill: ...t when the power is exercised, the person exercising the power must leave the premises or land as secure against trespassers as when the person entered. 202 Offences in connection with section 201 20 ...(1) A person who, without reasonable excuse, obstructs a person in the exercise of the power conferred by section 201(2) is guilty of an offence. (2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) A person commits an offence if the person discloses confidential information, obtained in the exercise of the power conferred by section 201(2), for purposes other than those for which the power was exercised. (4) A person who commits an offence under subsection (3) is liable— (a) on summary conviction, to a fine, or (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both. (5) In subsection (3), “confidential information” means information— (a) which constitutes a trade secret, or (b) the disclosure of which would or would be likely to prejudice the commercial interests of any person....y person. 203 Power to extend time limits (1) Subsection (2) applies if it appears to the county court that, because of— (a) a failure to comply with a requirement under section 200(2), Levelling-up a...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🟣🟣🟣🟣 Reshaping
- Type: insertion
Part 12 - Miscellaneous
The proposed insertion grants the Secretary of State the power to establish a new regulator to replace the Health and Safety Executive as the building safety regulator for the purposes of the Building Safety Act 2022. The new regulator may be a body established by the regulations or another specified body. The Secretary of State is also given the power to confer new functions, modify existing functions, establish or modify constitutional arrangements, and establish or modify funding arrangements for the new regulator. The proposed regulations may amend, repeal, or revoke provisions made by or under an Act. The power to make these regulations expires after 24 months from the presentation of the final report of the Grenfell Tower Inquiry, or a later time specified by the Secretary of State.
Exemplar quote from bill: ...les) Act 2016 (anaw 3) extend to Scotland and Northern Ireland (as well as England and Wales). (9) The Public Bodies (Marine Management Organisation) (Fees) Order 2014 (S.I. 25 2014/2555) is revoked. ...223 Power to replace Health and Safety Executive as building safety regulator (1) The Secretary of State may by regulations make provision for a body (“the 30 new regulator”) to replace the Health and Safety Executive as the building safety regulator for the purposes of the Building Safety Act 2022. (2) The new regulator may be— (a) a body established by the regulations, or (b) another body specified in the regulations. (3) 35 The Secretary of State may by regulations make further provision in connection with subsection (1), including provision— (a) conferring new functions on, or modifying existing functions of, the new regulator; (b) establishing or modifying the constitutional arrangements of the new regulator; Levelling-up and Regeneration Bill 265 Part 12—Miscellaneous (c) establishing or modifying the funding arrangements of the new regulator; (d) conferring a power on the Secretary of State to give directions to the new regulator. (4) Regulations under this section may amend, repeal or revoke any provision 5 made by or under an Act. (5) No regulations may be made under this section after— (a) the end of the period of 24 months beginning with the day on which 10 the final report of the Grenfell Tower Inquiry is presented to Parliament in accordance with section 26 of the Inquiries Act 2005, or (b) such later time as may be specified or described by the Secretary of State in regulations made before the end of that period.... (6) In this section— 15 “constitutional arrangements”, in relation to the new regulator, include matters relating to— (a) the name and status of the body; (b) the chair, members and staff of the body...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 23(1)(b)
The proposed amendment requires the Secretary of State to make regulations to remove the area of each non-consenting constituent council from the existing area of the Combined County Authority (CCA).
Exemplar quote from bill: ...(a) the appropriate authorities consent, or (b) in the case of an existing CCA, there are one or more non-consenting 35 constituent councils but the CCA and at least two constituent councils consent. ...(3) Where regulations under section 25(1) are made by virtue of subsection (2)(b) of this section, the Secretary of State must make regulations under section 23(1)(b) to remove the area of each non-consenting constituent council from the existing area of the CCA....horities 23(1)(b) to remove the area of each non-consenting constituent council from the existing area of the CCA. (4) For the purposes of this section “the appropriate authorities” are— (a) the cons...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
section 27
The proposed section establishes the role of the deputy mayor in a Combined County Authority (CCA). The deputy mayor is appointed by the mayor and holds office until the end of the mayor's term. The deputy mayor can be removed by the mayor, resign, or cease to be a member of the CCA. If a vacancy occurs, the mayor must appoint a new deputy mayor. The deputy mayor acts in place of the mayor if the mayor is unable to act or the office of mayor is vacant. If both the mayor and deputy mayor are unable to act or their offices are vacant, the other members of the CCA must act together in place of the mayor.
Exemplar quote from bill: ...4) For the purposes of this section “the appropriate authorities” are— (a) the constituent councils, and (b) in the case of regulations in relation to an existing CCA, the CCA. 5 27 Deputy mayors etc ...(1) The mayor for the area of a CCA must appoint one of the members of the authority to be the mayor’s deputy.... (2) 10 The deputy mayor holds office until the end of the term of office of the mayor, subject to subsection (3). (3) A person ceases to be the deputy mayor if at any time— (a) the mayor removes the ...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
section 28(1)
The proposed amendment allows the Secretary of State to make regulations to designate any function of a mayoral Combined County Authority (CCA) to be a function exercisable only by the mayor.
Exemplar quote from bill: ... under this section by the mayor for the authority’s area. (8) References in this section to a member of a CCA do not include a non-constituent or associate member. 28 Functions of mayors: general 30 ...(1) The Secretary of State may by regulations make provision for any function of a mayoral CCA to be a function exercisable only by the mayor.... (2) In this Chapter references to “general functions”, in relation to a mayor for 35 the area of a CCA, are to any functions exercisable by the mayor other than PCC functions (see section 31(3)). (3)...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
section 31(1)
The proposed amendment allows the Secretary of State to make regulations for the mayor of a Combined County Authority (CCA) to exercise functions of a police and crime commissioner in relation to that area.
Exemplar quote from bill: ...CCA. Levelling-up and Regeneration Bill 25 Part 2—Local democracy and devolution Chapter 1—Combined county authorities Police and crime and fire and rescue functions 31 Functions of mayors: policing ...(1) The Secretary of State may by regulations provide for the mayor for the area of a CCA to exercise functions of a police and crime commissioner in relation to that area....a. (2) The reference in subsection (1) to functions of a police and crime commissioner is to any functions conferred on police and crime commissioners by or under— (a) Part 1 of the Police Reform and ...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
section 32(1)
The proposed amendment applies to a mayor of a Combined County Authority (CCA) who can exercise both fire and rescue functions and functions of a police and crime commissioner.
Exemplar quote from bill: ...dance with provision made under Schedule 3. 26 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 1—Combined county authorities 32 Exercise of fire and rescue functions ...(1) This section applies to a mayor for the area of a CCA who— (a) by virtue of section 28(1), may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and (b) by virtue of section 31(1), may exercise functions of a police and crime commissioner....r. (2) The Secretary of State may by regulations make provision— (a) 10 authorising the mayor to arrange for the chief constable of the police force for the police area which corresponds to the area o...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
section 33(1)
The proposed amendment states that regulations under section 32(2) can only be made in relation to the mayor of a Combined County Authority (CCA) if the mayor has requested the Secretary of State to make the regulations.
Exemplar quote from bill: ...ief constable by or by virtue of any enactment. Levelling-up and Regeneration Bill 27 Part 2—Local democracy and devolution Chapter 1—Combined county authorities 33 Section 32 regulations: procedure ...(1) Regulations under section 32(2) may be made in relation to the mayor for the area of a CCA only if the mayor has requested the Secretary of State to make the regulations.... (2) A request under subsection (1) must be accompanied by a report which 5 contains— (a) an assessment of why— (i) it is in the interests of economy, efficiency and effectiveness for the regulations ...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
section 34(1)
The proposed amendment allows regulations under section 32(2) to make provision for the transfer of property, rights, and liabilities between a fire and rescue authority or the Combined County Authority (CCA) and the chief constable.
Exemplar quote from bill: ...uent member”, in relation to a CCA, means a member of the CCA appointed by a constituent council (but does not include the mayor for the area of the CCA). 34 Section 32 regulations: further provision ...(1) Regulations under section 32(2) may make provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities)— (a) from a fire and rescue authority or the CCA to the chief constable, or (b) from the chief constable to the CCA....CA, (including provision corresponding to any provision made by section 17(4) 25 to (6) of the Localism Act 2011). (2) A chief constable to whom regulations under section 32(2) apply may appoint staff...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 93H in section 106
The proposed change inserts a new subsection 93H in section 106, which outlines the circumstances in which this section applies and allows the local planning authority to serve a completion notice if they believe that the development will not be completed within a reasonable period.
Exemplar quote from bill: ...given to the local planning authority.” 106 Completion notices (1) TCPA 1990 is amended as follows. 30 (2) After section 93G insert— “Termination of planning permission: England 93H Completion notices...“(1) This section applies where— (a) a planning permission relating to land in England is by virtue 35 of section 91 or 92 subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has been begun within that period but has not been completed, (b) development has begun in accordance with a simplified planning zone scheme in England but has not been completed by the time the area ceases to be a simplified planning zone, (c) development has begun in accordance with planning permission under an enterprise zone scheme in England but has not been completed by the time the area ceases to be an enterprise zone, (d) a planning permission under a neighbourhood development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed, or (e) a planning permission under a street vote development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed. (2) If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (a “completion notice”) stating that the planning permission will cease to have effect at a specified time (the “completion notice deadline”)."...ice”) stating that the planning permission will cease to have effect at a specified time (the “completion notice deadline”). (3) The completion notice deadline must be— (a) at least 12 months after th...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 93I in section 106
The proposed change inserts a new subsection 93I in section 106, which outlines the grounds for appeal against a completion notice served by a local planning authority under section 93H. It also provides for the Secretary of State to make regulations regarding the procedure for appeals and the powers of the Secretary of State in relation to appeals.
Exemplar quote from bill: ...tion notice should be served in respect of any land in England, the Secretary of State may, after consulting the local planning authority, serve such a notice. 93I Appeals against completion notices 5...“(1) Where a completion notice is served by a local planning authority under section 93H, any of the following may appeal to the Secretary of State against it (whether or not the notice was served on them)— (a) the owner of the land, (b) a person not within paragraph (a) with an interest in the land, 10 and (c) a person who occupies the land by virtue of a licence. (2) An appeal may be brought on any of the following grounds— (a) that the appellant considers that the development will be completed within a reasonable period; (b) that the completion notice deadline is an unreasonable one; (c) that the notice was not served on the persons on whom it was required to be served under section 93H(5). (3) The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under this section. (4) The regulations may in particular include provision— (a) as to the period within which an appeal must be brought; (b) as to how an appeal is made; (c) as to the information to be supplied by the appellant; (d) as to how a local planning authority must respond to an appeal 25 and the information to be supplied by the authority; (e) for the purpose of securing that the appeal is brought to the attention of persons in the locality of the development. (5) On an appeal under this section the Secretary of State may— (a) quash the completion notice, 30 (b) vary the completion notice by substituting a later completion notice deadline, or (c) uphold the notice with the original completion notice deadline. (6) On an appeal under this section the Secretary of State may also correct any defect, error or misdescription in the completion notice if satisfied that the correction will not cause injustice to the appellant or the local planning authority. (7) If, on an appeal made on the ground referred to in subsection (1)(c), the Secretary of State determines that the completion notice was not served on a person on whom it should have been served, the notice need not be quashed if it appears to the Secretary of State that neither that person nor the appellant has been substantially prejudiced by that fact. (8) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) applies in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250.”...State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250. 93J Effect of completion notices (1) The planning permission to which a ...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 90B
The proposed change inserts a new section 90B, which requires relevant planning permission for relevant residential development in England to be granted subject to a condition that a development progress report must be provided to the local planning authority for each reporting period. The section also outlines the requirements and provisions for development progress reports.
Exemplar quote from bill: ...s follows. (2) In section 56(3) (time when development begun), after “89,” insert “90B,”. (3) Before section 91 (including the italic heading before that section) insert— “Development progress reports...“90B Condition relating to development progress reports in England (1) This section applies where relevant planning permission is granted for relevant residential development in England. (2) The relevant planning permission must be granted subject to a condition that a development progress report must be provided to the local planning authority in whose area the development is to be carried out for each reporting period. (3) The first reporting period in relation to the development is to be a period— (a) beginning at a prescribed time or by reference to a prescribed event, and (b) during which the development is begun. (4) A new reporting period is to begin immediately after the end of a reporting period which is not the last reporting period. (5) A reporting period which is not the last reporting period is to be a period of 12 months. (6) The last reporting period is to be a period ending with the day on which the development is completed (subject to any provision made under subsection (9)). (7) A “development progress report”, in relation to relevant residential development, means a report which sets out— (a) the progress that has been made, and that remains to be made, towards completing the dwellings the creation of which the development is to involve, as at the end of the reporting period to which the report relates, (b) the progress which is predicted to be made towards completing those dwellings over each subsequent reporting period up to and including the last reporting period, and (c) such other information as may be prescribed in regulations under subsection (9). (8) If relevant planning permission is granted without the condition required by subsection (2), it is to be treated as having been granted subject to that condition. (9) The Secretary of State may by regulations make provision— (a) about the form and content of development progress reports; (b) about when and how development progress reports are to be provided to local planning authorities; (c) about who may or must provide development progress reports to local planning authorities; (d) about the provision of development progress reports and other information to local planning authorities where there is a change in circumstances in connection with relevant residential development, such as (for example) where the development is no longer intended to be completed in accordance with— (i) the relevant planning permission; (ii) a previous development progress report; (iii) any timescales specified in a commencement notice given under section 93G; (e) about when a condition under subsection (2) is to be treated as being discharged; (f) about when relevant residential development is to be treated as being completed for the purposes of this section.”...ted as being discharged; (f) 40 about when relevant residential development is to be treated as being completed for the purposes of this section. (10) In this section— “relevant planning permission” m...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 113
The proposed change amends section 176 of the TCPA 1990 to grant the Secretary of State the power to dismiss an appeal against an enforcement notice if it appears that the appellant is responsible for undue delay in the progress of the appeal. The Secretary of State can give notice to the appellant specifying steps for the expedition of the appeal, and if the appellant fails to take those steps within the specified period, the appeal will be dismissed.
Exemplar quote from bill: ...; (f) 15 in a case within subsection (2AC)(c)(iii) relating to an appeal under section 78(2), the day after the end of the prescribed period referred to in section 78(2).” 113 Undue delays in appeals ...(1) TCPA 1990 is amended as follows. (2) 20 In section 176 (determination of appeals relating to enforcement notices), at the end insert— “(6) If at any time before or during the determination of an appeal against an enforcement notice issued by a local planning authority in England it appears to the Secretary of State that the appellant is responsible 25 for undue delay in the progress of the appeal, the Secretary of State may— (a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are so specified for the expedition of the appeal, and (b) if the appellant fails to take those steps within that period, 30 dismiss the appeal accordingly.”... (3) In section 195 (appeals relating to certificates of lawfulness), after subsection (3) insert— “(3A) 35 Where the local planning authority referred to in subsection (1) is in England, if at any ti...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 115
The proposed change amends section 195 of the TCPA 1990 to grant the Secretary of State the power to dismiss an appeal relating to certificates of lawfulness if it appears that the appellant is responsible for undue delay in the progress of the appeal. The Secretary of State can give notice to the appellant specifying steps for the expedition of the appeal, and if the appellant fails to take those steps within the specified period, the appeal will be dismissed.
Exemplar quote from bill: ...) if the appellant fails to take those steps within that period, 30 dismiss the appeal accordingly.” (3) In section 195 (appeals relating to certificates of lawfulness), after subsection (3) insert— “...(3A) 35 Where the local planning authority referred to in subsection (1) is in England, if at any time before or during the determination of an appeal under subsection (1)(a) or (b) it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, the Secretary of State may— (a) 40 give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are so specified for the expedition of the appeal, and (b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.... (b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.” (4) In Schedule 6 (determination of certain appeals by person appointed by Secretary of State), in ...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Part 3—Planning, Chapter 6—Other provision
The proposed change allows for regulations to be made regarding the charging of fees in relation to planning applications. The regulations can cover various aspects such as when fees can be charged, the amount of fees, who is liable to pay the fees, and the recovery, waiver, reduction, or repayment of fees. It also allows for the withholding of relevant services until outstanding fees are paid and confers functions on individuals.
Exemplar quote from bill: ...oke, such an order, or (b) any other prescribed matter relating to nationally significant 35 infrastructure projects. Levelling-up and Regeneration Bill 151 Part 3—Planning Chapter 6—Other provision ...(3) The regulations under subsection (1) may in particular make provision— (a) about when a fee (including a supplementary fee) may, and may not, be charged; (b) about the amount which may be charged; 5 (c) about what may, and may not, be taken into account in calculating the amount charged; (d) about who is liable to pay a fee charged; (e) about when a fee charged is payable; (f) about the recovery of fees charged; 10 (g) about waiver, reduction or repayment of fees; (h) about the effect of paying or failing to pay fees charged (including provision permitting a public authority prescribed under subsection (1) to withhold a relevant service that they would otherwise be required to provide under an enactment until any outstanding fees for that service are paid); (i) for the supply of information for any purpose of the regulations; (j) 20 conferring a function, including a function involving the exercise of a discretion, on any person....on. (4) However, the regulations may not permit a public authority to charge fees for the provision of a relevant service to an excluded person, unless the relevant service is provided in connection w...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection (6)
The proposed amendment changes the penalties for an offence under subsection (2) of the current legislation. It specifies different penalties for summary conviction in England and Wales, Scotland, and Northern Ireland, as well as conviction on indictment.
Exemplar quote from bill: ...” means— (a) if the offence is committed before the time when section 281(5) of the 30 Criminal Justice Act 2003 comes into force, 6 months; (b) if the offence is committed after that time, 51 weeks. ...(6) A person guilty of an offence under subsection (2) is liable— (a) 35 on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); Levelling-up and Regeneration Bill 257 Part 11—Information about interests and dealings in land (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both); (d) 5 on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).... (7) If— (a) an entity within subsection (8) commits an offence under this section, and (b) 10 a person who is, or is purporting to act as, a relevant officer of the entity authorises or permits, part...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Part 12 - Miscellaneous
The proposed insertion introduces a requirement for the registration of specified short-term rental properties in England. It defines a short-term rental property as a dwelling or part of a dwelling provided by a host to a guest for accommodation purposes in return for payment, in the course of a trade or business.
Exemplar quote from bill: ...ans a right or power, arising under 20 a contract or otherwise, that is not a relevant interest in land but concerns the ownership, control or use of land in the United Kingdom. PART 12 MISCELLANEOUS ...218 Registration of short-term rental properties 25 (1) The Secretary of State must by regulations make provision requiring or permitting the registration of specified short-term rental properties in England. (2) “Short-term rental property” means— (a) 30 a dwelling, or part of a dwelling, which is provided by a person (“the host”) to another person (“the guest”)— (i) for use by the guest as accommodation other than the guest’s only or principal residence, (ii) in return for payment (whether or not by the guest), and (iii) in the course of a trade or business carried on by the host, and (b) any dwelling or premises, or part of a dwelling or premises, not falling 35 within paragraph (a) which is specified for the purposes of this paragraph.... Levelling-up and Regeneration Bill 259 Part 12—Miscellaneous (3) The Secretary of State must consult the public before making the first regulations under this section. (4) The requirement in subsect...
- ‼️ Economic Impact
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Part 12 - Miscellaneous
The proposed insertion requires relevant authorities to maintain an historic environment record for their area. It defines an historic environment record as a system for storing and making available to the public information about various heritage sites, objects, and investigations in the area.
Exemplar quote from bill: ...Schedule 20 makes— (a) provision to make the regime for pavement licences under sections 1 to 9 of the Business and Planning Act 2020 permanent, and (b) other provision relating to pavement licences. ...220 Historic environment records 25 (1) A relevant authority must maintain an historic environment record for its area. (2) An “historic environment record” is a system for storing and making available to the public information about— (a) any of the following in the area— 30 (i) a listed building within the meaning given by section 1(5) of the Listed Buildings Act; (ii) a conservation area within the meaning given by section 91(1) of that Act; (iii) a scheduled monument within the meaning given by section 35 1(11) of the Ancient Monuments and Archaeological Areas Act 1979; (iv) a garden or other area of land included in a register maintained by the Historic Buildings and Monuments Commission for England under section 8C of the Historic Buildings and Ancient Monuments Act 1953; (v) a site designated as a restricted area under section 1 of the Protection of Wrecks Act 1973; (vi) a World Heritage Site (that is to say, a property appearing on 5 the World Heritage List kept under Article 11(2) of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted at Paris on 16 November 1972); (vii) anything of a description specified in regulations under 10 subsection (3), (b) other sites in the area which the authority considers to be of historic, architectural, archaeological or artistic interest, (c) 15 objects found in the area in the course of archaeological investigations which the authority considers to be of such interest, and (d) historical, architectural, archaeological or scientific investigations or studies relating to— (i) anything within paragraphs (a) to (c), or (ii) 20 the development, preservation or present character of any part of the area....nt, preservation or present character of any part of the area. (3) The Secretary of State may, by regulations, specify for the purposes of subsection (2)(a)(vii) a description of object, structure or ...
- ‼️ Cultural Impact
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Part 12 - Miscellaneous
The proposed insertion grants the Secretary of State the power to appoint an independent person to review the governance and effectiveness of the Royal Institution of Chartered Surveyors (RICS). The appointed person must submit a written report to the Secretary of State, who is then required to publish it.
Exemplar quote from bill: ...relevant authority, and (c) the area comprising the Broads, as defined by section 2(3) of the Norfolk and Suffolk Broads Act 1988, is the area of the Broads Authority and no other relevant authority. ...221 Review of governance etc of RICS 25 (1) The Secretary of State may, from time to time, appoint an independent person to carry out a review of— (a) the governance of the Royal Institution of Chartered Surveyors, (b) the effectiveness of the Institution in meeting its objectives, and (c) any other matter specified in the appointment. 30 (2) A matter may be specified under subsection (1)(c) only if the Secretary of State considers that the matter is connected with— (a) the governance of the Institution, or (b) the effectiveness of the Institution in meeting its objectives. (3) On completion of a review, the appointed person must make a written report 35 to the Secretary of State— (a) setting out the result of the review, and (b) making such recommendations (if any) as the person considers. (4) The Secretary of State must publish a copy of the report.... Levelling-up and Regeneration Bill 263 Part 12—Miscellaneous (5) In this section “independent” means appearing to the Secretary of State to be independent of— (a) the Secretary of State, and (b) the...
- ‼️ Governance
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
paragraph 9A
This change introduces a new paragraph, 9A, which outlines the conditions and procedures for the compulsory transfer of premises from a local authority to trustees for the purposes of an Academy school.
Exemplar quote from bill: ...23(1). Levelling-up and Regeneration Bill 267 Part 12—Miscellaneous 225 Transfer of land by local authorities (1) In Schedule 1 to the Academies Act 2010 (Academies: land), after paragraph 9 insert— ...“Compulsory transfer to trustees 9A (1) This paragraph applies where Conditions A to D are met. 5 (2) Condition A is that a local authority make premises (“the new premises”) available to be used by an Academy school. (3) Condition B is that the new premises are made available as an alternative to premises (“the existing premises”) which have previously been used by— (a) the Academy school, or (b) a maintained school, Academy or sixth form college that has been or is to be discontinued and that the Academy school replaces. (4) Condition C is that the existing premises are held on trust by a 15 person or persons (“the trustees”) for the purposes of (as the case may be)— (a) the Academy school, or (b) 20 the discontinued maintained school, Academy or sixth form college. (5) Condition D is that the trustees— (a) having sold the existing premises, pay to the local authority a sum that— (i) 25 is just, having regard to the value of the local authority’s interest in the new premises, but (ii) does not exceed the total of the proceeds of sale and any interest that has accrued to the trustees on those proceeds, or (b) 30 if the local authority agree to accept the trustees’ interest in the existing premises, transfer that interest to the local authority. (6) The local authority must transfer their interest in the new premises to the trustees to be held by them on trust for the purposes of the Academy school. (7) The local authority must pay to the trustees to whom the transfer 35 is made their reasonable costs in connection with the transfer. (8) Any question relating to the duty in sub-paragraph (6) may, if not agreed by the local authority and the trustees, be referred by the 40 local authority or the trustees to the adjudicator (see section 25 of the School Standards and Framework Act 1998). (9) The questions referred to in sub-paragraph (8) include in particular— (a) the extent of the premises an interest in which is to be transferred by the local authority, (b) whether a sum proposed by any person to be paid by the 5 trustees as specified in sub-paragraph (5)(a) is just having regard to the value of the local authority’s interest in the new premises, (c) the amount of any interest that has accrued to the trustees on proceeds of sale as referred to in sub-paragraph (5)(a)(ii), and (d) the identity of the trustees to or by whom a payment or 10 transfer should be made. (10) The local authority and the trustees respectively must provide to the adjudicator any information the adjudicator may request from 15 them for the purpose of exercising the functions the adjudicator has by virtue of this paragraph. (11) Any sum paid to the local authority as referred to in sub-paragraph (5)(a) is to be treated for the purposes of section 14 of the School Sites Act 1841 (which relates to the sale or exchange of land held 20 on trust for the purposes of a school) as a sum applied in the purchase of a site for the school, Academy or sixth form college referred to in sub-paragraph (3)(a) or (b). (12) In this paragraph, references to premises do not include playing fields.”...paragraph, references to premises do not include playing fields.” (2) 25 In section 25 of the School Standards and Framework Act 1998 (adjudicators), in subsection (2), after “2006” insert “or paragra...
- ‼️ Education
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 30
The amendment states that if the Secretary of State gives a direction under subsection (1) or (2), the authority must wait for the Secretary of State's decision or the withdrawal of the direction before taking any step in connection with the adoption of the plan.
Exemplar quote from bill: ...pted by 25 a relevant plan-making authority, the Secretary of State may direct the relevant plan-making authority to submit the plan (or any part of it) to the Secretary of State for approval. (3) 30 ...Where the Secretary of State gives a direction under subsection (1) or (2)— (a) the authority must not take any step in connection with the adoption of the plan until the Secretary of State gives the Secretary of State’s decision or withdraws the direction;... (b) 35 if the direction is given, and not withdrawn, before the authority have submitted the plan for independent examination, the Secretary of State must hold an independent examination; (c) if the ...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 35
The amendment states that if the direction is given before the authority has submitted the plan for independent examination, the Secretary of State must hold an independent examination.
Exemplar quote from bill: ...1) or (2)— (a) the authority must not take any step in connection with the adoption of the plan until the Secretary of State gives the Secretary of State’s decision or withdraws the direction; (b) 35 ...if the direction is given, and not withdrawn, before the authority have submitted the plan for independent examination, the Secretary of State must hold an independent examination;... (c) if the direction is given after the authority have submitted 40 the plan for independent examination but before the person appointed to carry out the examination has made 360 Levelling-up and Reg...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 40
The amendment states that if the direction is given after the authority has submitted the plan for independent examination but before the person appointed to carry out the examination has made recommendations, the person must make the recommendations to the Secretary of State.
Exemplar quote from bill: ...ection; (b) 35 if the direction is given, and not withdrawn, before the authority have submitted the plan for independent examination, the Secretary of State must hold an independent examination; (c) ...if the direction is given after the authority have submitted the plan for independent examination but before the person appointed to carry out the examination has made recommendations, and is not withdrawn before those recommendations are made, the person must make the recommendations to the Secretary of State....he person must make the recommendations to the Secretary of State. (4) 5 Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination of a local plan held under subsection (3)(b)....
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 5
The amendment states that in the case of an examination of a supplementary plan held under subsection (3)(b), subsections (5) to (12) of section 15DB apply, and the examiner is to be a person appointed by the Secretary of State.
Exemplar quote from bill: ...rson must make the recommendations to the Secretary of State. (4) 5 Subsections (4) to (12) of section 15D, and section 15DA, apply to an examination of a local plan held under subsection (3)(b). (5) ...In the case of an examination of a supplementary plan held under subsection (3)(b)— (a) subsections (5) to (12) of section 15DB apply, and (b) the examiner is to be a person appointed by the Secretary of State....te. (6) The Secretary of State must publish the recommendations made to the Secretary of State by virtue of subsection (3)(c) and the reasons of the person making the recommendations. (7) 15 In relati...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 6
The amendment states that the Secretary of State must publish the recommendations made to the Secretary of State by virtue of subsection (3)(c) and the reasons of the person making the recommendations.
Exemplar quote from bill: ...examination of a supplementary plan held under subsection (3)(b)— (a) subsections (5) to (12) of section 15DB apply, and (b) 10 the examiner is to be a person appointed by the Secretary of State. (6) ...The Secretary of State must publish the recommendations made to the Secretary of State by virtue of subsection (3)(c) and the reasons of the person making the recommendations.... (7) 15 In relation to a plan or part of a plan submitted under subsection (1) or (2), the Secretary of State— (a) may approve, approve subject to modifications or reject the plan or part, and (b) mus...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 15
The amendment states that in relation to a plan or part of a plan submitted under subsection (1) or (2), the Secretary of State may approve, approve subject to modifications, or reject the plan or part, and must give reasons for the decision.
Exemplar quote from bill: ...ry of State. (6) The Secretary of State must publish the recommendations made to the Secretary of State by virtue of subsection (3)(c) and the reasons of the person making the recommendations. (7) 15 ...In relation to a plan or part of a plan submitted under subsection (1) or (2), the Secretary of State— (a) may approve, approve subject to modifications or reject the plan or part, and (b) must give reasons for the decision under paragraph (a).... (8) 20 In the exercise of any function under this section the Secretary of State— (a) may take account of any matter which the Secretary of State thinks is relevant (regardless of whether the matter ...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 20
The amendment states that in the exercise of any function under this section, the Secretary of State may take account of any matter which the Secretary of State thinks is relevant, regardless of whether the matter was taken account of by the authority, and must have regard to the local plan timetable and minerals and waste plan timetable, so far as relevant.
Exemplar quote from bill: ...der subsection (1) or (2), the Secretary of State— (a) may approve, approve subject to modifications or reject the plan or part, and (b) must give reasons for the decision under paragraph (a). (8) 20 ...In the exercise of any function under this section the Secretary of State— (a) may take account of any matter which the Secretary of State thinks is relevant (regardless of whether the matter was taken account of by the authority), and (b) must have regard to the local plan timetable and minerals and waste plan timetable, so far as relevant....nt. 15HA Secretary of State powers where local planning authority are failing etc (1) This section applies if the Secretary of State thinks that— (a) 30 a local planning authority are failing to do an...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
section 15HA
The amendment states that this section applies if the Secretary of State thinks that a local planning authority is failing to do anything necessary or expedient in connection with the preparation, adoption, or revision of a local plan, or if a local plan or supplementary plan is or may be unsatisfactory, or if a proposed revision of a local plan or supplementary plan may result in the plan becoming unsatisfactory.
Exemplar quote from bill: ...), and (b) 25 must have regard to the local plan timetable and minerals and waste plan timetable, so far as relevant. 15HA Secretary of State powers where local planning authority are failing etc (1) ...This section applies if the Secretary of State thinks that— (a) a local planning authority are failing to do anything it is necessary or expedient for them to do in connection with the preparation, adoption or revision of a local plan, (b) a local plan or supplementary plan is, is going to be or may be unsatisfactory, or (c) a proposed revision of a local plan or supplementary plan will, or may, result in the plan becoming unsatisfactory....ctory. (2) The Secretary of State may— (a) if the plan has not come into effect, take over preparation of the plan from the relevant authority; (b) if the plan has come into effect, revise the plan; (...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 2
The amendment states that the Secretary of State may take over the preparation of a plan from the relevant authority if the plan has not come into effect, or revise the plan if it has come into effect. The Secretary of State may also give directions to the relevant authority in relation to the preparation, adoption, revocation, or revision of the plan.
Exemplar quote from bill: ...an or supplementary plan is, is going to be or may be unsatisfactory, or (c) 35 a proposed revision of a local plan or supplementary plan will, or may, result in the plan becoming unsatisfactory. (2) ...The Secretary of State may— (a) if the plan has not come into effect, take over preparation of the plan from the relevant authority; (b) if the plan has come into effect, revise the plan; (c) give directions to the relevant authority in relation to— (i) the preparation or adoption of the plan (including a direction requiring the plan to be modified in accordance with the direction); (ii) the revocation or revision of the plan (including a direction requiring the plan to be revised in accordance with the direction or a direction revoking the plan).... in accordance with the direction or a direction revoking the plan). (3) The Secretary of State may appoint a person (a “local plan commissioner”) to— (a) investigate and report to the Secretary of St...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 3
The amendment states that the Secretary of State may appoint a person, called a "local plan commissioner," to investigate and report to the Secretary of State or to perform any of the actions that may be done under subsection (2) on behalf of the Secretary of State.
Exemplar quote from bill: ...ance with the direction); (ii) 5 the revocation or revision of the plan (including a direction requiring the plan to be revised in accordance with the direction or a direction revoking the plan). (3) ...The Secretary of State may appoint a person (a “local plan commissioner”) to— (a) investigate and report to the Secretary of State, or (b) do any of the things that may be done under subsection (2), on the Secretary of State’s behalf....lf. (4) Subsections (5) to (10) apply if preparation of the plan is taken over under subsection (2)(a) or (3)(b). (5) The Secretary of State or (as the case may be) the local plan 15 commissioner must...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 5
The amendment states that the Secretary of State or the local plan commissioner must publish a document setting out their timetable for preparing the plan and, if they intend to depart from anything specified in a local plan timetable, details of how they intend to depart from it.
Exemplar quote from bill: ...the things that may be done under subsection (2), on the Secretary of State’s behalf. (4) Subsections (5) to (10) apply if preparation of the plan is taken over under subsection (2)(a) or (3)(b). (5) ...The Secretary of State or (as the case may be) the local plan commissioner must publish a document setting out— (a) their timetable for preparing the plan, and (b) if they intend to depart from anything specified in a local plan timetable in relation to the plan, details of how they intend to depart from it....om it. (6) The Secretary of State must— (a) hold an independent examination of the plan or (as the case may be) direct the local plan commissioner to submit the plan for independent examination, or (b...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 6
The amendment states that the Secretary of State must hold an independent examination of the plan or direct the local plan commissioner to submit the plan for independent examination, or direct the relevant authority to submit the plan for independent examination under section 15D or 15DB.
Exemplar quote from bill: ...so by— (a) the CCA, 5 (b) the mayor (if any) of the CCA, or (c) a constituent council. (3) A designation or removal under this section must be in writing and must state when it comes into effect. (4) ...The Secretary of State must hold an independent examination of the plan or (as the case may be) direct the local plan commissioner to submit the plan for independent examination, or direct the relevant authority to submit the plan for independent examination under section 15D or (as the case may be) 15DB....date on which it comes into effect. (6) A CCA that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads. (7) The requirements in secti...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 8
The amendment states that in the case of an examination of a supplementary plan held under subsection (6)(a), subsections (5) to (12) of section 15DB apply, with references to the relevant plan-making authority being read as references to the Secretary of State or the local plan commissioner. The examiner is to be a person appointed by the Secretary of State or the local plan commissioner.
Exemplar quote from bill: ...ation of a local plan held under subsection (6)(a), reading references to the local planning authority as references to the Secretary of State or (as the case may be) the local plan commissioner. (8) ...In the case of an examination of a supplementary plan held under subsection (6)(a)— (a) subsections (5) to (12) of section 15DB apply, reading references to the relevant plan-making authority as references to the Secretary of State or (as the case may be) the local plan commissioner, and (b) the examiner is to be a person appointed by the Secretary of State or the local plan commissioner....ioner. (9) The Secretary of State must either— 362 Levelling-up and Regeneration Bill Schedule 7—Plan making (a) publish the recommendations and reasons of the person appointed to hold the examinatio...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 9
The amendment states that the Secretary of State must either publish the recommendations and reasons of the person appointed to hold the examination or give directions to the relevant authority or local plan commissioner regarding the publication of those recommendations and reasons.
Exemplar quote from bill: ...rences to the Secretary of State or (as the case may be) the local plan commissioner, and (b) 40 the examiner is to be a person appointed by the Secretary of State or the local plan commissioner. (9) ...The Secretary of State must either— (a) publish the recommendations and reasons of the person appointed to hold the examination, or (b) give directions to the relevant authority or local plan commissioner in relation to publication of those recommendations and reasons.... in relation to publication of those recommendations and reasons. (10) The Secretary of State or local plan commissioner may then— (a) approve the plan or approve it subject to modifications, (b) dire...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 10
The amendment states that the Secretary of State or local plan commissioner may then approve the plan or approve it subject to modifications, direct the relevant authority to consider adopting the plan, or reject the plan.
Exemplar quote from bill: ...ns of the person appointed to hold the examination, or (b) give directions to the relevant authority or local plan 5 commissioner in relation to publication of those recommendations and reasons. (10) ...The Secretary of State or local plan commissioner may then— (a) approve the plan or approve it subject to modifications, (b) direct the relevant authority to consider adopting the plan, or (c) reject the plan.... 10 (11) Subsections (5) to (10) (and the provisions applied by them) apply in relation to a revision to a plan under subsection (2)(b) or (3)(b) as they apply to a plan prepared under subsection (2)(...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 11
The amendment states that subsections (5) to (10) and the provisions applied by them apply to a revision to a plan under subsection (2)(b) or (3)(b) as they apply to a plan prepared under subsection (2)(a) or (3)(b).
Exemplar quote from bill: ...tate or local plan commissioner may then— (a) approve the plan or approve it subject to modifications, (b) direct the relevant authority to consider adopting the plan, or (c) reject the plan. 10 (11) ...Subsections (5) to (10) (and the provisions applied by them) apply in relation to a revision to a plan under subsection (2)(b) or (3)(b) as they apply to a plan prepared under subsection (2)(a) or (3)(b).... (12) 15 In the exercise of any function under this section, the Secretary of State or local plan commissioner may take account of any matter which the Secretary of State or local plan commissioner th...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 12
The amendment states that in the exercise of any function under this section, the Secretary of State or local plan commissioner may take account of any matter which they think is relevant, regardless of whether the matter was taken account of by the relevant authority.
Exemplar quote from bill: ...5) to (10) (and the provisions applied by them) apply in relation to a revision to a plan under subsection (2)(b) or (3)(b) as they apply to a plan prepared under subsection (2)(a) or (3)(b). (12) 15 ...In the exercise of any function under this section, the Secretary of State or local plan commissioner may take account of any matter which the Secretary of State or local plan commissioner thinks is relevant (regardless of whether the matter was taken account of by the relevant authority).... (13) 20 The Secretary of State must give reasons for anything the Secretary of State does in pursuance of subsection (2) or (10). (14) A local plan commissioner must give reasons for anything the com...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 13
The amendment states that the Secretary of State must give reasons for anything they do in pursuance of subsection (2) or (10).
Exemplar quote from bill: ...er may take account of any matter which the Secretary of State or local plan commissioner thinks is relevant (regardless of whether the matter was taken account of by the relevant authority). (13) 20 ...The Secretary of State must give reasons for anything the Secretary of State does in pursuance of subsection (2) or (10).... (14) A local plan commissioner must give reasons for anything the commissioner does in pursuance of subsection (3)(b) or (10). (15) In this section “relevant authority” — (a) 25 in relation to a loca...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 14
The amendment states that a local plan commissioner must give reasons for anything they do in pursuance of subsection (3)(b) or (10).
Exemplar quote from bill: ...ther the matter was taken account of by the relevant authority). (13) 20 The Secretary of State must give reasons for anything the Secretary of State does in pursuance of subsection (2) or (10). (14) ...A local plan commissioner must give reasons for anything the commissioner does in pursuance of subsection (3)(b) or (10).... (15) In this section “relevant authority” — (a) 25 in relation to a local plan, means the local planning authority, or (b) in relation to a supplementary plan, means the relevant plan-making authorit...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 15HA
The amendment states that this section applies if the Secretary of State thinks that a local planning authority is failing to do anything necessary or expedient in connection with the preparation, adoption, or revision of a local plan, or if a local plan or supplementary plan is or may be unsatisfactory, or if a proposed revision of a local plan or supplementary plan may result in the plan becoming unsatisfactory.
Exemplar quote from bill: ...), and (b) 25 must have regard to the local plan timetable and minerals and waste plan timetable, so far as relevant. 15HA Secretary of State powers where local planning authority are failing etc (1) ...This section applies if the Secretary of State thinks that— (a) a local planning authority are failing to do anything it is necessary or expedient for them to do in connection with the preparation, adoption or revision of a local plan, (b) a local plan or supplementary plan is, is going to be or may be unsatisfactory, or (c) a proposed revision of a local plan or supplementary plan will, or may, result in the plan becoming unsatisfactory....ctory. (2) The Secretary of State may— (a) if the plan has not come into effect, take over preparation of the plan from the relevant authority; (b) if the plan has come into effect, revise the plan; (...
- ‼️ Justice System
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 11C of the Local Government Finance Act 1992
The amendment specifies that a determination for the purposes of section 11C of the Local Government Finance Act 1992 may not relate to a financial year beginning before 1 April 2024.
Exemplar quote from bill: ...er “under section” insert “11D(3),”; (g) in Schedule 2 (administration), in paragraph 4(7), after “: England),” insert “11C(1)(b) (higher amount for dwellings occupied periodically: England),”. (4) 30..."A determination for the purposes of section 11C of the Local Government Finance Act 1992 as inserted by subsection (2) may not relate to a financial year beginning before 1 April 2024 (but this does not affect the requirement for the determination to be made at least one year before the beginning of the financial year to which it relates)."...Street names 78 Alteration of street names: England 35 (1) In this section “local authority” means— (a) a district council in England; (b) a county council in England for an area for which there is no...
- ‼️ Economic Impact
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 86 (Alteration of street names: England)
The amendment allows a local authority within subsection (1)(a) or (b) to alter the name of a street, or any part of a street, in its area if the alteration has the necessary support.
Exemplar quote from bill: ... district council; (c) a London borough council; 40 (d) the Common Council of the City of London. 86 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 2—Other provision ..."(2) A local authority within subsection (1)(a) or (b) may, by order, alter the name of a street, or any part of a street, in its area if the alteration has the necessary support."...(3) 5 Where a local authority has altered the name of a street, or any part of a street, under subsection (2), it may cause the altered name to be painted or otherwise marked on a conspicuous part of ...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 86 (Alteration of street names: England)
The amendment allows a local authority that has altered the name of a street, or any part of a street, under subsection (2) to cause the altered name to be painted or otherwise marked on a conspicuous part of any building or other erection.
Exemplar quote from bill: ... 2—Other provision (2) A local authority within subsection (1)(a) or (b) may, by order, alter the name of a street, or any part of a street, in its area if the alteration has the necessary support. (..."(3) Where a local authority has altered the name of a street, or any part of a street, under subsection (2), it may cause the altered name to be painted or otherwise marked on a conspicuous part of any building or other erection."...(4) Any person who then wilfully, and without the consent of the local authority, obliterates, defaces, obscures, removes or alters the altered name painted or 10 otherwise marked under subsection (3)...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 86 (Alteration of street names: England)
The amendment states that any person who wilfully, and without the consent of the local authority, obliterates, defaces, obscures, removes, or alters the altered name painted or otherwise marked under subsection (3) is liable to a penalty not exceeding level 1 on the standard scale.
Exemplar quote from bill: ...as altered the name of a street, or any part of a street, under subsection (2), it may cause the altered name to be painted or otherwise marked on a conspicuous part of any building or other erection...."(4) Any person who then wilfully, and without the consent of the local authority, obliterates, defaces, obscures, removes or alters the altered name painted or otherwise marked under subsection (3) is liable to a penalty not exceeding level 1 on the standard scale."...e. (5) A local authority within subsection (1)(c) or (d) may exercise the power conferred by section 6(1) of the London Building Acts (Amendment) Act 1939 (assigning of names to streets etc) to make a...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 86 (Alteration of street names: England)
The amendment allows a local authority within subsection (1)(c) or (d) to exercise the power conferred by section 6(1) of the London Building Acts (Amendment) Act 1939 to make an order altering the name of a street, or any part of a street, in its area only if the alteration has the necessary support.
Exemplar quote from bill: ...al authority, obliterates, defaces, obscures, removes or alters the altered name painted or 10 otherwise marked under subsection (3) is liable to a penalty not exceeding level 1 on the standard scale...."(5) A local authority within subsection (1)(c) or (d) may exercise the power conferred by section 6(1) of the London Building Acts (Amendment) Act 1939 (assigning of names to streets etc) to make an order altering the name of a street, or any part of a street, in its area only if the alteration has the necessary support."...t. (6) An alteration has the necessary support for the purposes of this section only if— (a) it has sufficient local support, and (b) 20 where it is an alteration of a specified kind, it has any other...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 86 (Alteration of street names: England)
The amendment states that an alteration has the necessary support for the purposes of this section only if it has sufficient local support and, if it is an alteration of a specified kind, it has any other support specified as a pre-condition for alterations of that kind.
Exemplar quote from bill: ... Acts (Amendment) Act 1939 (assigning of names to streets etc) to make an order altering the name of a 15 street, or any part of a street, in its area only if the alteration has the necessary support...."(6) An alteration has the necessary support for the purposes of this section only if— (a) it has sufficient local support, and (b) where it is an alteration of a specified kind, it has any other support specified as a pre-condition for alterations of that kind."...d. (7) Regulations may provide that sufficient local support, or support of a kind specified under subsection (6)(b), can only be established in the way, or in one of the alternative ways, specified i...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 86 (Alteration of street names: England)
The amendment allows regulations to provide that sufficient local support, or support of a kind specified under subsection (6)(b), can only be established in the way, or in one of the alternative ways, specified in the regulations.
Exemplar quote from bill: ...this section only if— (a) it has sufficient local support, and (b) 20 where it is an alteration of a specified kind, it has any other support specified as a pre-condition for alterations of that kind...."(7) Regulations may provide that sufficient local support, or support of a kind specified under subsection (6)(b), can only be established in the way, or in one of the alternative ways, specified in the regulations."...(8) Regulations under subsection (7) may (amongst other things)— (a) make provision enabling a referendum to be held by a local authority, 25 on a question determined by it in accordance with the regu...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 86 (Alteration of street names: England)
The amendment allows regulations to make provision enabling a referendum to be held by a local authority, on a question determined by it in accordance with the regulations, for the purposes of establishing whether an alteration has sufficient local support, including provision about the conduct and timing of a referendum and who is entitled to vote.
Exemplar quote from bill: ... may provide that sufficient local support, or support of a kind specified under subsection (6)(b), can only be established in the way, or in one of the alternative ways, specified in the regulations...."(8) Regulations under subsection (7) may (amongst other things)— (a) make provision enabling a referendum to be held by a local authority, on a question determined by it in accordance with the regulations, for the purposes of establishing whether an alteration has sufficient local support, including provision about the conduct and timing of a referendum and who is entitled to vote;"...e; (b) provide that, where a local authority holds a referendum in accordance 30 with regulations made by virtue of paragraph (a), the alteration may not be made unless one or both of the following ap...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 86 (Alteration of street names: England)
The amendment allows regulations to provide that, where a local authority holds a referendum in accordance with regulations made by virtue of paragraph (a), the alteration may not be made unless one or both of the following apply: a specified percentage or number of those entitled to vote in the referendum exercise that right, or a specified majority of those who vote indicate their support for the alteration.
Exemplar quote from bill: ... may provide that sufficient local support, or support of a kind specified under subsection (6)(b), can only be established in the way, or in one of the alternative ways, specified in the regulations...."(8) Regulations under subsection (7) may (amongst other things)— (b) provide that, where a local authority holds a referendum in accordance with regulations made by virtue of paragraph (a), the alteration may not be made unless one or both of the following apply— (i) a specified percentage or number of those entitled to vote in the referendum exercise that right; (ii) a specified majority of those who vote indicate their support for the alteration;"...ccordance 30 with regulations made by virtue of paragraph (a), the alteration may not be made unless one or both of the following apply— (i) a specified percentage or number of those entitled to vote ...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 86 (Alteration of street names: England)
The amendment provides that, where a local authority has run a process ("the first process") for the purposes of this section which failed to establish that an alteration of the name of a street (or a part of a street) had sufficient local support, the local authority may not run another such process within a specified period in respect of: if the first process related to the name of a whole street, an alteration of the name of the same street or any part of it; if the first process related to the name of a part of a street ("the original part"), an alteration of the name of the whole street, of the original part, or of any other part which includes some or all of the original part.
Exemplar quote from bill: ... may provide that sufficient local support, or support of a kind specified under subsection (6)(b), can only be established in the way, or in one of the alternative ways, specified in the regulations...."(8) Regulations under subsection (7) may (amongst other things)— (c) provide that, where a local authority has run a process (“the first process”) for the purposes of this section which failed to establish that an alteration of the name of a street (or a part of a street) had sufficient local support, the local authority may not run another such process within a specified period in respect of— (i) if the first process related to the name of a whole street, an alteration of the name of the same street or any part of it; (ii) if the first process related to the name of a part of a street (“the original part”), an alteration of the name of the whole street, of the original part or of any other part which includes some or all of the original part."...port 35 for the alteration; (c) provide that, where a local authority has run a process (“the first process”) for the purposes of this section which failed to establish that 40 an alteration of the na...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 86 (Alteration of street names: England)
The amendment requires a local authority to have regard to any guidance published by the Secretary of State about the things to be done before a local authority decides to take steps to establish if an alteration has the necessary support for the purposes of this section, and the exercise of other functions conferred on a local authority by or under this section.
Exemplar quote from bill: ...lated to the name of a part of a street (“the original part”), an alteration of the name of the whole street, of the original part or of any other part which includes some or all of the original part...."(9) A local authority must have regard to any guidance published by the Secretary of State about— (a) the things to be done before a local authority decides to take steps to establish if an alteration has the necessary support for the purposes of this section; (b) the exercise of other functions conferred on a local authority by or under this section."...ion. (10) No local Act operates to enable a local authority within subsection (1)(a) or (b) to alter the name of a street, or part of a street, in its area. (11) In this section— “regulations” means r...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 86 (Alteration of street names: England)
The amendment states that no local Act operates to enable a local authority within subsection (1)(a) or (b) to alter the name of a street, or part of a street, in its area.
Exemplar quote from bill: ... to take steps to establish if an alteration has the necessary support for the purposes of this section; (b) the exercise of other functions conferred on a local authority by or 10 under this section...."(10) No local Act operates to enable a local authority within subsection (1)(a) or (b) to alter the name of a street, or part of a street, in its area."...(11) In this section— “regulations” means regulations made by the Secretary of State; 15 “specified” means specified in regulations; “street” has the meaning given by section 48(1) of the New Roads an...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 79 (Power in relation to the processing of planning data)
The amendment allows regulations made by the Secretary of State under this Chapter to make provision requiring a relevant planning authority, in processing specified or described planning data, to comply with any approved data standards which are applicable.
Exemplar quote from bill: ...reet Works Act 1991. (12) Schedule 5 contains amendments which are consequential on this section. PART 3 20 PLANNING CHAPTER 1 PLANNING DATA 79 Power in relation to the processing of planning data (1)..."Regulations made by the Secretary of State under this Chapter (“planning data regulations”) may make provision requiring a relevant planning authority, in processing such of its planning data as is specified or described in the regulations, to comply with any approved data standards which are applicable."...e. (2) 30 “Planning data”, in relation to a relevant planning authority, means any information which is provided to, or processed by, the authority— (a) for the purposes of a function under a relevant...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 80 (Power in relation to the provision of planning data)
The amendment allows a relevant planning authority to require a person, or persons of a particular description, in providing specified or described planning data to the authority, to provide the data in any form and manner or in a particular form and manner that complies with any approved data standards which are applicable.
Exemplar quote from bill: ... may be published by the Secretary of State from time to time. 88 Levelling-up and Regeneration Bill Part 3—Planning Chapter 1—Planning data 80 Power in relation to the provision of planning data (1)..."A relevant planning authority may by publishing a notice require a person, or persons of a particular description, in providing to the authority such planning data as is specified or described in planning data regulations, to provide the data— (a) in any form and manner, or (b) in a particular form and manner, which complies with any approved data standards which are applicable.".... (2) 10 A relevant planning authority may not impose a requirement under subsection (1)— (a) on the Crown, (b) on a court or tribunal, or (c) in relation to the provision of planning data for the pur...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 81 (Power to require certain planning data to be made publicly available)
The amendment allows planning data regulations to make provision requiring a relevant planning authority to make specified or described planning data available to the public under an approved open licence.
Exemplar quote from bill: ... regulations may confer a discretion on a relevant planning authority); (c) time limits; (d) any other procedural matters. 5 81 Power to require certain planning data to be made publicly available (1)..."Planning data regulations may make provision requiring a relevant planning authority to make such of its planning data as is specified or described in the regulations available to the public under an approved open licence."...(2) The power under subsection (1) does not include power to require a relevant 10 planning authority to make planning data available in breach of— (a) any obligation of confidence owed by the authori...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 82 (Power to require use of approved planning data software in England)
The amendment allows planning data regulations to make provision restricting or preventing a relevant planning authority in England from using or creating, or having any right in relation to, specified or described planning data software for the purposes of this subsection, but is not approved in writing by the Secretary of State.
Exemplar quote from bill: ...form and has such content as is, for the time being, specified or described in a document published by the Secretary of State. 82 Power to require use of approved planning data software in England (1)..."Planning data regulations may make provision restricting or preventing a relevant planning authority in England from using or creating, or having any right in relation to, planning data software which is specified or described in the regulations for the purposes of this subsection, but is not approved in writing by the Secretary of State."...y of State. (2) 30 “Planning data software” means software which is capable of being used for the purposes of enabling or facilitating the provision of planning data to, or the processing of planning ...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 83 (Disclosure of planning data does not infringe copyright in certain cases)
The amendment states that a relevant planning authority that makes planning data available to a person does not infringe copyright if making the data available is necessary for the purposes of enabling or facilitating the development of planning data software which is to be submitted for approval under section 82(1), or the upgrade, modification, or maintenance of, or the provision of technical support in respect of, planning data software which is approved under section 82(1).
Exemplar quote from bill: ...or facilitating the provision of planning data to, or the processing of planning data by, relevant planning authorities. 83 Disclosure of planning data does not infringe copyright in certain cases (1)..."A relevant planning authority that makes planning data available to a person does not, in doing so, infringe copyright if making the data available is necessary for the purposes of enabling or facilitating the development of planning data software which is to be submitted for approval under section 82(1), or the upgrade, modification or maintenance of, or the provision of technical support in respect of, planning data software which is approved under section 82(1)."...nical support in respect of, planning data software which is approved under section 82(1). (2) 5 The person to whom the planning data is made available does not infringe any copyright by using it for ...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
section 79 (Power in relation to the processing of planning data)
The insertion defines "approved data standards" as written standards, containing technical specifications or other requirements in relation to planning data or in relation to providing or processing the data, as may be published by the Secretary of State from time to time.
Exemplar quote from bill: ... is provided to, or processed by, the authority— (a) for the purposes of a function under a relevant planning enactment, or (b) for any other purpose relating to planning or development in England. (3..."(3) “Approved data standards”, in relation to planning data, are such written standards, containing technical specifications or other requirements in relation to the data, or in relation to providing or processing the data, as may be published by the Secretary of State from time to time."...88 Levelling-up and Regeneration Bill Part 3—Planning Chapter 1—Planning data 80 Power in relation to the provision of planning data (1) A relevant planning authority may by publishing a notice requi...
- ‼️ Local Democracy
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Part 3—Planning, Chapter 6—Other provision
The proposed change prohibits public authorities from charging fees for the provision of relevant services to excluded persons, unless the service is provided in connection with an application for an order granting development consent or to make a change to or revoke such an order.
Exemplar quote from bill: ...that service are paid); (i) for the supply of information for any purpose of the regulations; (j) 20 conferring a function, including a function involving the exercise of a discretion, on any person. ...(4) However, the regulations may not permit a public authority to charge fees for the provision of a relevant service to an excluded person, unless the relevant service is provided in connection with an application or proposed application by that person— (a) for an order granting development consent, or 25 (b) to make a change to, or revoke, such an order.... (5) A public authority prescribed under subsection (1) must have regard to any guidance published by the Secretary of State in relation to the exercise of its functions under the regulations. (6) In ...
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Part 3—Planning, Chapter 6—Other provision
The proposed change requires public authorities prescribed under subsection (1) to consider any guidance published by the Secretary of State when exercising their functions under the regulations.
Exemplar quote from bill: ...t service is provided in connection with an application or proposed application by that person— (a) for an order granting development consent, or 25 (b) to make a change to, or revoke, such an order. ...(5) A public authority prescribed under subsection (1) must have regard to any guidance published by the Secretary of State in relation to the exercise of its functions under the regulations.... (6) In this section— 30 “excluded person” means— (a) the Secretary of State; (b) the Mayor of London; (c) a local planning authority; (d) a mayoral combined authority (within the meaning 35 given in ...
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Part 3—Planning, Chapter 6—Other provision
The proposed change allows the Secretary of State to set an earlier deadline for the examination of development consent order applications than the currently set date.
Exemplar quote from bill: ...nisation which is to be regarded as such a 5 qualifying body by virtue of paragraph 4(2) of Schedule 4C to that Act), or (b) a qualifying body within the meaning given by section 38A(12) of PCPA 2004....(121) Power to shorten deadline for examination of development consent order applications (1) Section 98 of the Planning Act 2008 (timetable for examining, and reporting 10 on, application for development consent order) is amended as follows. (2) After subsection (4) insert— “(4A) The Secretary of State may set a date for a deadline under subsection (1) that is earlier than the date for the time being set.” (3) In subsection (6), after “subsection (4)” insert “or (4A)”.... 15 122 Additional powers in relation to non-material changes to development consent orders In paragraph 2 of Schedule 6 to the Planning Act 2008 (non-material changes), after sub-paragraph (1) insert...
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Part 3—Planning, Chapter 6—Other provision
The proposed change grants the Secretary of State additional powers to make regulations regarding non-material changes to development consent orders. These regulations can cover the decision-making process, the making of decisions, and the effects of decisions. The power to make regulations also includes the ability to allow a person to exercise discretion.
Exemplar quote from bill: ...“(4A) The Secretary of State may set a date for a deadline under subsection (1) that is earlier than the date for the time being set.” (3) In subsection (6), after “subsection (4)” insert “or (4A)”. 1...(122) Additional powers in relation to non-material changes to development consent orders In paragraph 2 of Schedule 6 to the Planning Act 2008 (non-material changes), after sub-paragraph (1) insert— “(1A) The Secretary of State may by regulations make provision about— 20 (a) the decision-making process in relation to the exercise of the power conferred by sub-paragraph (1); (b) the making of the decision as to whether to exercise that power; (c) the effect of a decision to exercise that power. 25 This is subject to sub-paragraph (2). (1B) The power to make regulations under sub-paragraph (1A) includes power to allow a person to exercise a discretion.”... 123 30 Hazardous substances consent: connected applications to the Secretary of State In section 62A of TCPA 1990 (when application may be made directly to the Secretary of State), in subsection (3)(...
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Part 3—Planning, Chapter 6—Other provision
The proposed change allows for connected applications for hazardous substances consent to be made directly to the Secretary of State under section 62A of the TCPA 1990.
Exemplar quote from bill: ...of a decision to exercise that power. 25 This is subject to sub-paragraph (2). (1B) The power to make regulations under sub-paragraph (1A) includes power to allow a person to exercise a discretion.” 1...(123) Hazardous substances consent: connected applications to the Secretary of State In section 62A of TCPA 1990 (when application may be made directly to the Secretary of State), in subsection (3)(a)— (a) in sub-paragraph (i) omit “or”; (b) after that sub-paragraph insert— “(ia) an application for hazardous substances consent 35 under the Planning (Hazardous Substances) Act 1990, or”.... Levelling-up and Regeneration Bill 153 Part 3—Planning Chapter 6—Other provision 124 Regulations and orders under the Planning Acts (1) In section 333 of TCPA 1990 (regulations and orders)— (a) afte...
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Part 3—Planning, Chapter 6—Other provision
The proposed change allows regulations made under the TCPA 1990 to include consequential, supplementary, incidental, transitional, transitory, or saving provisions. It also allows orders made under the TCPA 1990 by statutory instrument to include such provisions.
Exemplar quote from bill: ...sert— “(ia) an application for hazardous substances consent 35 under the Planning (Hazardous Substances) Act 1990, or”. Levelling-up and Regeneration Bill 153 Part 3—Planning Chapter 6—Other provision...(124) Regulations and orders under the Planning Acts (1) In section 333 of TCPA 1990 (regulations and orders)— (a) after subsection (2A) insert— “(2B) 5 Regulations made under this Act may make consequential, supplementary, incidental, transitional, transitory or saving provision.”; (b) after subsection (7) insert— “(8) Orders made under this Act by statutory instrument may make 10 consequential, supplementary, incidental, transitional, transitory or saving provision”...” (2) In section 238 of TCPA 1990 (consecrated land), in subsection (5)(c), for the words from “contain” to the end substitute “in particular by virtue of section 333(2B) include provision as to the c...
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: deletion
Part 3—Planning, Chapter 6—Other provision
The proposed change deletes several sections and paragraphs from the TCPA 1990, including section 61Z2(3), section 106ZB(2)(a), section 116(2) (words "and incidental or supplementary provision"), section 202G(4), section 303(6)(a), section 303ZA(4)(a), section 319A(10)(a), section 319B(10)(a), and Schedule 4D, paragraph 1(3).
Exemplar quote from bill: ...f TCPA 1990 (consecrated land), in subsection (5)(c), for the words from “contain” to the end substitute “in particular by virtue of section 333(2B) include provision as to the closing of registers”. ...(3) In TCPA 1990, omit the following— (a) section 61Z2(3); (b) section 106ZB(2)(a); (c) in section 116(2), the words “and incidental or supplementary provision”; (d) section 202G(4); (e) section 303(6)(a); (f) section 303ZA(4)(a); (g) section 319A(10)(a); (h) section 319B(10)(a); (i) in Schedule 4D, paragraph 1(3).... 1(3). (4) In section 93 of the Listed Buildings Act (regulations and orders), for 25 subsection (6) substitute— “(6) Regulations made under this Act and orders made under this Act by statutory instru...
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Part 3—Planning, Chapter 6—Other provision
The proposed change allows appointees to vary determinations as to procedure for the purposes of subsection (4) of the TCPA 1990.
Exemplar quote from bill: ...stitute “under section 40(5) for regulations under this section to make transitional provision”. (8) In the Hazardous Substances Act, omit the following— 5 (a) section 21A(9)(a); (b) section 21B(9)(a)...(125) Power for appointees to vary determinations as to procedure In paragraph 2 of Schedule 6 to TCPA 1990 (powers and duties of appointed persons), in sub-paragraph (10)— (a) for “does not apply” substitute “applies”; (b) at the end insert “only for the purposes of subsection (4) of that section”....n”. 126 15 Pre-consolidation amendment of planning, development and compulsory purchase legislation (1) The Secretary of State may by regulations make such amendments and modifications of the relevant...
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Part 3—Planning, Chapter 6—Other provision
The proposed change allows the Secretary of State to make regulations to amend and modify relevant enactments in order to facilitate or be desirable in connection with the consolidation of planning, development, and compulsory purchase legislation. "Relevant enactments" include listed enactments and any other enactments related to planning, development, or the compulsory purchase of land.
Exemplar quote from bill: ... 1990 (powers and duties of appointed persons), in sub-paragraph (10)— (a) for “does not apply” substitute “applies”; (b) at the end insert “only for the purposes of subsection (4) of that section”. 1...(126) Pre-consolidation amendment of planning, development and compulsory purchase legislation (1) The Secretary of State may by regulations make such amendments and modifications of the relevant enactments as in the Secretary of State’s opinion facilitate, or are otherwise desirable in connection with, the consolidation of some or all of those enactments. (2) “Relevant enactments” means— 20 (a) the enactments listed in subsection (3), and (b) any other enactments, whenever passed or made, so far as relating to— (i) planning or development, or (ii) the compulsory purchase of land (including compensation for 25 such purchases).... (3) The enactments referred to in subsection (2)(a) are— the Land Clauses Consolidation Act 1845; the Railway Clauses Consolidation Act 1845; sections 9, 13, 76 and 77 of the National Parks and Acces...
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Part 3—Planning, Chapter 6—Other provision
The proposed change allows the Secretary of State to require or permit a person participating in relevant proceedings related to planning, development, or the compulsory purchase of land to do so remotely. Relevant proceedings include inquiries, hearings, examinations, meetings, or other proceedings under an Act. This change also specifies certain proceedings that fall under the definition of relevant proceedings.
Exemplar quote from bill: ...orthern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State. (9) In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975...(127) Participation in certain proceedings conducted by, or on behalf of, the Secretary of State (1) The Secretary of State may, to the extent not otherwise able to do so, require 15 or permit a person who takes part in relevant proceedings conducted by the Secretary of State to do so (wholly or partly) remotely. (2) The references in subsection (1) to the Secretary of State include references to a person appointed by the Secretary of State. (3) “Relevant proceedings” means any inquiry, hearing, examination, meeting or 20 other proceedings under an Act (whenever passed or made) which relate to planning, development or the compulsory purchase of land. (4) Relevant proceedings include, in particular— (a) 25 any proceedings to which section 319A of TCPA 1990 applies (see subsections (7) to (10) of that section); (b) any proceedings under section 20 of, or paragraph 6 of Schedule 3 to, the Planning (Listed Buildings and Conservation Areas) Act 1990; (c) any proceedings under section 21 of, or paragraph 6 of the Schedule to, the Planning (Hazardous Substances) Act 1990; (d) any proceedings under section 13A of, or paragraph 4A of Schedule 30 1 to, the Acquisition of Land Act 1981; (e) any proceedings under Part 10A or Part 11 of the Planning Act 2008; (f) an examination under Part 2 of PCPA 2004; (g) 35 an examination under Chapter 2 or 3 of Part 6 of the Planning Act 2008 (including any meetings under Chapter 4 of that Part) in relation to an application for an order granting development consent; (h) an examination under Schedule 4B to the TCPA 1990 in relation to a draft neighbourhood development order.... (5) 40 For the purposes of this section a person takes part in relevant proceedings remotely if they take part through— (a) a live telephone link, (b) a live television link, or Levelling-up and Rege...
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Part 3—Planning, Chapter 6—Other provision
The proposed change allows prescribed bodies to charge fees for providing advice, information, or assistance in connection with planning applications in England. The fees can be charged for applications, proposed applications, or proposals for permissions, approvals, or consents under the planning Acts. However, fees cannot be charged for certain circumstances, such as responses to consultations carried out by qualifying neighborhood bodies or the provision of advice, information, or assistance to excluded persons. Prescribed bodies can only charge fees in accordance with a published statement on their website, and the income from the fees must not exceed the cost of providing the advice, information, or assistance.
Exemplar quote from bill: ...ve television link, or Levelling-up and Regeneration Bill 157 Part 3—Planning Chapter 6—Other provision (c) any other arrangement which does not involve the person attending the proceedings in person...(128) Power of certain bodies to charge fees for advice in relation to applications under the Planning Acts After section 303ZA of the TCPA 1990 (fees for appeals) insert— 5 “303ZB Power of certain bodies to charge fees for advice in relation to applications under the planning Acts (1) A prescribed body may charge fees for the provision of advice, information or assistance (including the provision of a response to a consultation) in connection with an application within subsection (2) that relates to land in England. (2) An application is within this subsection if it is an application, proposed application or proposal for a permission, approval or consent under, or for the purposes of, the planning Acts. (3) A prescribed body may not charge fees under subsection (1) in respect 15 of— (a) a response to a consultation that a qualifying neighbourhood body is required to carry out under an enactment; (b) 20 the provision of advice, information or assistance to an excluded person, unless the advice, information or assistance is provided in connection with an application within subsection (2) by that person; (c) the provision of prescribed advice, information or assistance or advice, information or assistance of a prescribed description. (4) In subsection (3)(a), a “qualifying neighbourhood body” means— 25 (a) a qualifying body within the meaning given by section 61E(6) (and includes a community organisation which is to be regarded as such a qualifying body by virtue of paragraph 4(2) of Schedule 4C), or (b) a qualifying body within the meaning given by section 38A(12) 30 of the Planning and Compulsory Purchase Act 2004. (5) In subsection (3)(b), an “excluded person” means— (a) the Secretary of State; (b) the Mayor of London; (c) a local planning authority; 35 (d) a mayoral combined authority (within the meaning given in section 107A of the Local Democracy, Economic Development and Construction Act 2009). (6) 40 A prescribed body may charge fees under subsection (1) only in accordance with a statement published on its website which— (a) describes the advice, information or assistance in respect of which fees are charged, (b) sets out the fees (or, if applicable, the method by which the fees are to be calculated), and (c) refers to any provision in an enactment pursuant to which the advice, information or assistance is provided. (7) Subsections (8) and (9) apply where a prescribed body decides to charge fees under subsection (1) for advice, information or assistance which the body provides pursuant to a provision in an enactment. (8) If a person fails to pay the fee charged under subsection (1), the 10 prescribed body may, notwithstanding any requirement to provide the advice, information or assistance, withhold the advice, information or assistance until the fee is paid. (9) 15 The prescribed body must secure that, taking one financial year with another, the income from the fees charged under subsection (1) does not exceed the cost of providing the advice, information or assistance. (10) A financial year is the period of 12 months beginning with 1 April. (11) Before making regulations under this section, the Secretary of State must consult— (a) any body likely to be affected by the regulations, and 20 (b) such other persons as the Secretary of State considers appropriate. (12) In this section, “fees” include charges (however described).”...nsiders appropriate. (12) In this section, “fees” include charges (however described).” PART 4 INFRASTRUCTURE LEVY 25 129 Infrastructure Levy: England Schedule 12 makes provision for, and in connectio...
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Part 4—Infrastructure Levy
The proposed change introduces the Infrastructure Levy in England and provides for its imposition through Schedule 12.
Exemplar quote from bill: ...ected by the regulations, and 20 (b) such other persons as the Secretary of State considers appropriate. (12) In this section, “fees” include charges (however described).” PART 4 INFRASTRUCTURE LEVY 2...(129) Infrastructure Levy: England Schedule 12 makes provision for, and in connection with, the imposition, in England, of a charge to be known as Infrastructure Levy.... 130 Power to designate Homes and Communities Agency as a charging authority In section 14 of the Housing and Regeneration Act 2008 (contents of 30 designation orders), after subsection (6) insert— “(...
- ‼️ Economic Impact
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Part 4—Infrastructure Levy
The proposed change allows the Homes and Communities Agency (HCA) to be designated as a charging authority under the Planning Act 2008 for the purpose of the Infrastructure Levy. The HCA can be designated as a charging authority for the whole or any part of a designated area, for specified purposes and kinds of development, and in place of any other charging authority.
Exemplar quote from bill: ...ed).” PART 4 INFRASTRUCTURE LEVY 25 129 Infrastructure Levy: England Schedule 12 makes provision for, and in connection with, the imposition, in England, of a charge to be known as Infrastructure Levy...(130) Power to designate Homes and Communities Agency as a charging authority In section 14 of the Housing and Regeneration Act 2008 (contents of 30 designation orders), after subsection (6) insert— “(6A) The order may provide that where the HCA is the local planning authority for the whole or any part of the designated area it is to be 35 a charging authority under section 204B(3)(b) of the Planning Act 2008 (Infrastructure Levy) for the whole or any part of that area— (a) for all or specified purposes, (b) in relation to all or specified kinds of development, and (c) in place of any person or body who would otherwise be the charging authority for that area, for those purposes, and in relation to those kinds of development.”...for those purposes, and in relation to those kinds of development.” 131 Restriction of Community Infrastructure Levy to Greater London and Wales (1) Part 11 of the Planning Act 2008 (Community Infrast...
- ‼️ Political Power
(Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Part 5—Community Land Auction Pilots
The proposed change establishes community land auction arrangements and states that the overall purpose of these arrangements is to ensure that costs incurred in supporting the development of an area and achieving specified purposes can be funded by owners or developers of land.
Exemplar quote from bill: ...thority for that area, for those purposes, and in relation to those kinds of development.” 131 Restriction of Community Infrastructure Levy to Greater London and Wales (1) Part 11 of the Planning Act ...(132) Community land auction arrangements and their purpose (1) In making CLA regulations, or giving a direction under this Part, the Secretary 5 of State must aim to ensure that the overall purpose of community land auction arrangements is to ensure that costs incurred in— (a) supporting the development of an area, and (b) 10 achieving any purpose specified under section 134(7), section 135(3) or section 136(3), can be funded (wholly or partly) by owners or developers of land....ayor of London is the charging authority for Greater London.”; (c) in subsection (4)— (i) 20 in the words before paragraph (a), for “, or in the case of Greater London one of the charging authorities,...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🟣🟣🟣🟣 Reshaping
- Type: insertion
Section 12A Risk-mitigation directions
The proposed change allows the Secretary of State to give risk-mitigation directions to local authorities in England to reduce or mitigate financial risk.
Exemplar quote from bill: ...Local government capital finance 75 Capital finance risk management (1) The Local Government Act 2003 is amended as follows. (2) After section 12 (power to invest) insert— 15 “Risk management: England...“12A Risk-mitigation directions (1) The Secretary of State may give one or more risk-mitigation directions to a local authority in England, for the purpose of reducing or mitigating the financial risk to the authority, if— (a) a trigger event has occurred in relation to the local authority, and (b) the Secretary of State is satisfied that the direction is, or (as the case may be) directions are, appropriate and proportionate to the level of that financial risk."...risk. (2) A “trigger event” occurs if (and when)— (a) a risk threshold is breached by the local authority (see section 12B); (b) 30 a report is made by the chief finance officer of the local authority...
- ‼️ Local Democracy
(Variously affected)
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🟣🟣🟣🟣 Reshaping
- Type: insertion
Section 100
A new process is introduced for a qualifying group to initiate a street vote development order, which grants planning permission for development in a specified street area. A qualifying group is defined as a group of individuals who meet certain conditions, including being entitled to vote in relevant elections and having a qualifying address.
Exemplar quote from bill: ...to force before that subsection comes into force. CHAPTER 4 10 GRANT AND IMPLEMENTATION OF PLANNING PERMISSION 100 Street votes (1) TCPA 1990 is amended in accordance with subsections (2) to (7). (2) ...After section 61Q (community right to build orders) insert— “Street vote development orders 15 61QA Street vote development orders (1) A process may be initiated by or on behalf of a qualifying group for the purpose of requiring the Secretary of State to make a street vote development order. (2) A “street vote development order” is an order which grants planning permission in relation to a particular street area specified in the order— (a) for development specified in the order, or (b) for development of any description or class specified in the order. 61QB Qualifying groups 25 (1) A “qualifying group”, in relation to a street vote development order, is a group of individuals— (a) each of whom on the prescribed date meet the conditions in subsection (2), and (b) comprised of at least— 30 (i) the prescribed number, or (ii) the prescribed proportion of persons of a prescribed description. (2) The conditions are that the individual— (a) is entitled to vote in— 35 (i) an Authority election, where any part of the street area to which the street vote development order would relate is within the City of London, or (ii) an election of councillors of any relevant council (other than the City of London) any part of whose area is within the street area to which the street vote development order would relate, (b) has a qualifying address for that election which is in the street area that the street vote development order would relate to, and (c) does not have an anonymous entry in the register of local government electors.... development order would relate to, and (c) does not have an anonymous entry in the register of local government electors. (3) A “relevant council” means— (a) a district council, (b) a London borough ...
- ‼️ Justice System
(Variously affected)
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Setting missions
A new provision is being introduced that requires a Minister of the Crown to prepare and lay before each House of Parliament a statement of levelling-up missions. This statement will outline the objectives that the government intends to pursue to reduce geographical disparities in the UK and the details of how progress in delivering these missions will be measured.
Exemplar quote from bill: ...tual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 LEVELLING-UP MISSIONS Setting missions 1 Statement of levelling-up missions ...(1) A Minister of the Crown must prepare, and lay before each House of 5 Parliament, a statement of levelling-up missions.... (2) A “statement of levelling-up missions” is a document which sets out— (a) objectives which His Majesty’s Government intends to pursue to reduce 10 geographical disparities in the United Kingdom si...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Social Welfare
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Reporting on missions
A new provision is being introduced that requires a Minister of the Crown to prepare reports on the delivery of the levelling-up missions outlined in the current statement of levelling-up missions. These reports will assess the progress made in delivering each mission, describe the actions taken by the government, and outline future plans to deliver the missions.
Exemplar quote from bill: ...nt statement of levelling-up missions are 30 to the statement of levelling-up missions for the time being in effect. Reporting on missions 2 Annual etc reports on delivery of levelling-up missions (1)...(1) A Minister of the Crown must prepare reports on the delivery of the levelling-up missions in the current statement of levelling-up missions, in accordance with this section.... (2) Each report must— 2 Levelling-up and Regeneration Bill Part 1—Levelling-up missions (a) include the Minister’s assessment of the progress that has been made, in the period to which the report re...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Social Welfare
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Regulations under subsection (1)
The proposed change allows for regulations to be made regarding the exercise of functions by the Combined County Authorities (CCA). These regulations can specify the conditions, limitations, and arrangements for the exercise of functions by the CCA, either instead of or concurrently with county councils or district councils.
Exemplar quote from bill: ...ion to the CCA’s area. (2) 30 The Secretary of State may make regulations under subsection (1) only if the Secretary of State considers that the function can appropriately be exercised by the CCA. (3)..."Regulations under subsection (1) may make provision for the function to be exercisable by the CCA either generally or subject to such conditions or limitations as may be specified in the regulations."...(4) Regulations under subsection (1) which provide for a function of a county 35 council or a unitary district council to be exercisable by a CCA may make provision for the function to be exercisable ...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Regulations under subsection (1)
The proposed change allows for regulations to be made to transfer functions from public authorities to the CCA or confer corresponding functions on the CCA. These regulations can specify the conditions, limitations, and arrangements for the exercise of these functions, including joint working arrangements between the CCA and public authorities.
Exemplar quote from bill: ...oes not submit the proposal must consent to its submission to the Secretary of State. (7) A proposal under this section must specify the purposes to be achieved by 20 the establishment of the CCA. (8)..."The Secretary of State may by regulations— (a) make provision for a function of a public authority that is exercisable in relation to a CCA’s area to be a function of the CCA; (b) make provision for conferring on a CCA in relation to its area a function corresponding to a function that a public authority has in relation to another area."...ntial, transitional, transitory or saving provision. 44 Requirements in connection with establishment of CCA (1) The Secretary of State may make regulations establishing a CCA for an area 30 only if— ...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 19
The proposed change allows for the transfer of functions from Integrated Transport Authorities (ITA) and Passenger Transport Executives to the CCA. These functions can be transferred if they are exercisable in relation to the CCA's area or become part of the CCA's area.
Exemplar quote from bill: ...uthorities” are— 30 (a) each constituent council, and (b) in the case of regulations in relation to an existing CCA, the CCA. 19 Integrated Transport Authority and Passenger Transport Executive (1) 35..."The Secretary of State may by regulations transfer functions of an Integrated Transport Authority (an “ITA”) to a CCA."...(2) Regulations under subsection (1) may only be made in relation to functions exercisable by the ITA in relation to an area that becomes, or becomes part of, the CCA’s area by virtue of regulations u...
- ‼️ Transportation
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 20
The proposed change allows for the conferment of a power to give directions to the CCA regarding the exercise of eligible powers. These directions can relate to the provision of information, requirements for procedures and consent, imposition of conditions, requirements to exercise or prohibit the exercise of eligible powers.
Exemplar quote from bill: ... CCA only with the consent of— (a) the constituent councils, and 10 (b) in the case of regulations in relation to an existing CCA, the CCA. 20 Directions relating to highways and traffic functions (1)..."The Secretary of State may by regulations confer on a CCA a power to give a direction about the exercise of an eligible power."...(2) An “eligible power” means a power of a county council or a unitary district 15 council which the council has— (a) as highway authority by virtue of section 1 of the Highways Act 1980, or (b) 20 as...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 22
The proposed change allows for the designation or removal of key route network roads by the CCA or the Secretary of State. The consent of the constituent councils and the mayor (if applicable) is required for the CCA's designation, while the Secretary of State can act upon requests from the CCA, mayor, or constituent council.
Exemplar quote from bill: ...able expenses incurred by the CCA in taking any steps under subsection (1) are recoverable from the authority subject to the direction as a civil debt. 22 Designation of key route network roads 35 (1)..."A CCA may designate a highway or proposed highway in its area as a key route network road, or remove its designation as a key route network road, with the consent of— (a) each constituent council in whose area the highway or proposed highway is, (b) in the case of a mayoral CCA, the mayor."...Part 2—Local democracy and devolution Chapter 1—Combined county authorities (b) in the case of a mayoral CCA, the mayor. (2) The Secretary of State may designate a highway or proposed highway in the ...
- ‼️ Transportation
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 23
The proposed change allows for the change of boundaries of a CCA's area by adding or removing relevant local government areas. These changes can involve the transfer of functions from the CCA to other public authorities and the cessation of CCA functions in relation to the affected areas.
Exemplar quote from bill: ...hway shown in the plans. 18 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 1—Combined county authorities Changes to CCAs 23 Changes to boundaries of a CCA’s area (1)..."The Secretary of State may by regulations change the boundaries of a CCA’s area by— (a) adding a relevant local government area to an existing area of a CCA, (b) removing a relevant local government area from an existing area of a CCA."...CCA. (2) In this section “relevant local government area” means— (a) the area of a two-tier county council, 10 (b) the area of a unitary county council, or (c) the area of a unitary district council. ...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 24
The proposed change allows for the dissolution of a CCA's area and the abolition of the CCA. This can involve the transfer of functions from the CCA to other public authorities and the cessation of CCA functions in relation to the affected area.
Exemplar quote from bill: ... section to a voting member— (a) 20 includes a substitute member who may act in place of a voting member; (b) does not include a non-constituent or associate member. 24 Dissolution of a CCA’s area (1)..."The Secretary of State may by regulations— (a) dissolve a CCA’s area, and (b) abolish the CCA for that area."...25 (2) Regulations under subsection (1)— (a) may transfer functions from the CCA to any other public authority; (b) may provide for any function of the CCA to be no longer exercisable in relation to t...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 25
The proposed change allows for the provision of a mayor for the area of a CCA. The mayor is to be elected by the local government electors in that area.
Exemplar quote from bill: ...of regulations made in relation to a mayoral CCA, the mayor for the area of the CCA also consents to the making of the regulations. Mayors for CCA areas 25 Power to provide for election of mayor 5 (1)..."The Secretary of State may by regulations provide for there to be a mayor for the area of a CCA."...(2) A mayor for the area of a CCA is to be elected by the local government 10 electors for that area in accordance with provision made by or under this Chapter. (3) In subsection (2) “local government...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 30
The proposed change requires the CCA (Combined County Authority) to pay for damages, costs, and settlements related to legal proceedings against the chief constable in relation to the acts or omissions of a member of the chief constable's fire and rescue staff.
Exemplar quote from bill: ... is not a chief finance officer of the kind mentioned in subsection 25 (6), and (b) is employed to carry out duties relating to the proper administration of a police force’s financial affairs. (9) 30 ...Where regulations under section 32(2) are in force, the CCA to which the regulations apply must pay— (a) any damages or costs awarded against the chief constable to whom the regulations apply in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff; (b) any costs incurred by the chief constable in any such proceedings so 35 far as not recovered by the chief constable in the proceedings; (c) any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a 40 member of the chief constable’s fire and rescue staff, if the settlement is approved by the CCA.... (10) Where regulations under section 32(2) are in force, the CCA to which the regulations apply may, in such cases and to such extent as appears to the CCA to be appropriate, pay— 30 Levelling-up and...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 30
The proposed change allows the CCA to pay for damages, costs, and settlements related to legal proceedings against a member of the fire and rescue staff of the chief constable for any unlawful conduct.
Exemplar quote from bill: ...tlement of any claim made against the chief constable in respect of the acts or omissions of a 40 member of the chief constable’s fire and rescue staff, if the settlement is approved by the CCA. (10) ...Where regulations under section 32(2) are in force, the CCA to which the regulations apply may, in such cases and to such extent as appears to the CCA to be appropriate, pay— (a) any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the regulations apply in proceedings for any unlawful conduct of that member of staff; (b) costs incurred and not recovered by such a member of staff in such proceedings; (c) sums required in connection with the settlement of a claim that has or might have given rise to such proceedings....(c) sums required in connection with the settlement of a claim that has or might have given rise to such proceedings. (11) In this section— “fire and rescue functions” has the same meaning as in secti...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 32
The proposed change allows for the transfer of fire and rescue functions from the mayor to the chief constable of the police force in a CCA area.
Exemplar quote from bill: ...ief constable under a scheme made by virtue of subsection (1); (b) staff appointed by the chief constable under subsection (2). 35 Section 32 regulations: exercise of fire and rescue functions 15 (1) ...This section applies if— (a) regulations under section 32(2) make provision in relation to the area of a CCA, and (b) by virtue of the regulations, fire and rescue functions exercisable by the mayor for the area of the CCA are exercisable by the chief constable of the police force for the police area which corresponds to that area....ea. (2) The chief constable must secure that good value for money is obtained in exercising— (a) 25 functions which are exercisable by the chief constable by virtue of the regulations, and (b) functio...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 36
The proposed change allows the Secretary of State to amend the Police Reform Act 2002 in relation to complaints and conduct matters for members of a police force or civilian staff, if regulations are made under section 32(2) for the exercise of functions by these individuals.
Exemplar quote from bill: ...n Chapter 1—Combined county authorities (5) The mayor must hold the chief constable to account for the exercise of such functions. 36 Section 32 regulations: complaints and conduct matters etc (1) 5 ...If regulations are made under section 32(2) that enable arrangements to be made for the exercise of functions by members of a police force or the civilian staff of a police force, the Secretary of State may by regulations amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.... (2) 10 If regulations are made under section 32(2) that enable arrangements to be made for the exercise of functions by members of staff transferred to a chief constable under a scheme made by virtue...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 37
The proposed change allows the Secretary of State to apply or make provisions of a fire and rescue enactment in relation to certain persons, with or without modifications.
Exemplar quote from bill: ...esent the views of fire and rescue authorities, and (e) such other persons as the Secretary of State considers appropriate. 30 37 Section 32 regulations: application of fire and rescue provisions (1) ...The Secretary of State may by regulations— (a) apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2); (b) make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment....nt. (2) Those persons are— (a) 40 a chief constable of a police force for a police area to whom regulations under section 32(2) apply, 32 Levelling-up and Regeneration Bill Part 2—Local democracy and ...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 38
The proposed change allows the Secretary of State to apply or make provisions of a local policing enactment in relation to certain persons, with or without modifications.
Exemplar quote from bill: ...esent the views of fire and rescue authorities, and (e) such other persons as the Secretary of State considers appropriate. 30 37 Section 32 regulations: application of fire and rescue provisions (1) ...The Secretary of State may by regulations— (a) apply (with or without modifications) any provision of a local policing enactment in relation to a person within subsection (2); (b) make, in relation to such a person, provision corresponding or similar to any provision of a local policing enactment.... and rescue enactment. (2) Those persons are— (a) 40 a chief constable of a police force for a police area to whom regulations under section 32(2) apply, 32 Levelling-up and Regeneration Bill Part 2—L...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 39
The proposed change allows for the costs of a mayor's mayoral functions to be funded through precepts issued by the CCA.
Exemplar quote from bill: ...to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made. Financial matters relating to mayors 39 Mayors for CCA areas: financial matters (1) ...The Secretary of State may by regulations make provision for the costs of a mayor for the area of a CCA that are incurred in, or in connection with, the exercise of mayoral functions to be met from precepts issued by the CCA under section 40 of the Local Government Finance Act 1992....92. (2) The function of issuing precepts under Chapter 4 of Part 1 of the Local Government Finance Act 1992 in respect of mayoral functions is to be a function exercisable only by the mayor acting on ...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 44 Requirements in connection with establishment of CCA
The Secretary of State may establish a Combined County Authority (CCA) for an area if it is likely to improve the well-being of the people in the area, secure effective local government, and reflect the identities and interests of local communities.
Exemplar quote from bill: ...tion. (9) Regulations under subsection (8) may make incidental, supplementary, consequential, transitional, transitory or saving provision. 44 Requirements in connection with establishment of CCA (1) ...The Secretary of State may make regulations establishing a CCA for an area 30 only if— (a) the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area, (b) the Secretary of State considers that to do so is appropriate having regard to the need— (i) to secure effective and convenient local government, and (ii) to reflect the identities and interests of local communities, (c) where a proposal for the establishment of the CCA has been submitted under section 43, the Secretary of State considers that its establishment will achieve the purposes specified under subsection (7) of that section,...ction, Levelling-up and Regeneration Bill 39 Part 2—Local democracy and devolution Chapter 1—Combined county authorities (d) the constituent councils consent, and (e) any consultation required by sub...
- ‼️ Local Democracy
(Variously affected)
- ‼️ Social Welfare
(Variously affected)
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 46 Requirements for changes to existing arrangements relating to CCA
The Secretary of State may make regulations to change existing Combined County Authorities (CCA) if it is likely to improve the well-being of the people in the area, secure effective local government, and reflect the identities and interests of local communities.
Exemplar quote from bill: ...tions under subsection (9) may make incidental, supplementary, consequential, transitional, transitory or saving provision. 46 Requirements for changes to existing arrangements relating to CCA 30 (1) ...The Secretary of State may make regulations under section 8, 14, 16, 17, 19, 20, 23, 24, 25, 28 or 31 in relation to an existing CCA only if— (a) the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area, (b) the Secretary of State considers that to do so is appropriate having regard to the need— (i) to secure effective and convenient local government, and (ii) to reflect the identities and interests of local communities, (c) where a proposal for the making of the regulations has been submitted under section 45, the Secretary of State considers that making the regulations will achieve the purposes specified under subsection (8) of that section, and (d) any consultation required by subsection (3) has been carried out....specified under subsection (8) of that section, and (d) any consultation required by subsection (3) has been carried out. (2) 5 If a proposal for the making of the regulations has been submitted under...
- ‼️ Local Democracy
(Variously affected)
- ‼️ Social Welfare
(Variously affected)
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 47 General power of CCA
A Combined County Authority (CCA) has the power to do anything it considers appropriate for the carrying out of its functions, including commercial activities.
Exemplar quote from bill: ...by the regulations. (6) This section does not apply to regulations under section 23(1)(b) that are 25 made as a result of the duty in section 26(3). General powers of CCAs 47 General power of CCA (1) ...A CCA 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.... purpose. 42 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 1—Combined county authorities (2) Where subsection (1) confers power on a CCA to do something, it confers...
- ‼️ Local Democracy
(Variously affected)
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 56 Review of combined authority’s constitutional arrangements
An appropriate person may carry out a review of a Combined County Authority's (CCA) constitutional arrangements if proposed and consented to by the authority. Changes to the constitutional arrangements may be proposed and agreed upon by the authority.
Exemplar quote from bill: ...authorities 56 Review of combined authority’s constitutional arrangements After section 104C of the Local Democracy, Economic Development and Construction Act 2009 (inserted by section 61(8)) insert— ...“104D Review of combined authority’s constitutional arrangements 25 (1) This section applies if an order under section 104(1) (constitution of combined authority) enables a combined authority to make provision about its constitution (“constitutional provision”). (2) An appropriate person may carry out a review of the combined authority’s constitutional provision if— (a) an appropriate person proposes a review, and (b) the combined authority consents to the review. (3) If an appropriate person carries out a review under subsection (2), they may propose changes to the combined authority’s constitutional provision as a result of the review for agreement by the authority. (4) The question of whether to consent under subsection (2)(b) or to agree to changes proposed under subsection (3) is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting. (5) In the case of a mayoral combined authority— (a) a majority in favour of consenting under subsection (2)(b) does not need to include the mayor, but (b) a majority in favour of changes proposed under subsection (3) must include the mayor. (6) The reference in subsection (4) to a voting member— (a) includes a substitute member who may act in place of a voting member; (b) does not include a non-constituent or associate member. (7) Subsection (4) applies instead of— (a) any provision of an order under section 104(1) made before the coming into force of this section which is about the procedure applying to a decision on a question of a kind mentioned in subsection (4), and (b) any constitutional provision of a combined authority about such procedure. (8) In this section “appropriate person”, in relation to a combined authority, means— (a) a member of the authority appointed by a county council the whole or any part of whose area is within the area of the authority, (b) a member of the authority appointed by a district council whose area is within the area of the authority, or (c) the mayor for the area of the authority (if it is a mayoral combined authority).”... within the area of the authority, or (c) the mayor for the area of the authority (if it is a mayoral combined authority).” 57 Consent to changes to combined authority’s area (1) 30 The Local Democrac...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 106 (changes to boundaries of combined authority’s area)
Section 106 is amended to specify that an order adding or removing a local government area to or from a combined authority's area can only be made with the consent of the relevant council and the mayor (for mayoral combined authorities) or the combined authority itself (for non-mayoral combined authorities).
Exemplar quote from bill: ...r subsection (3) insert— “(3A) The reference in subsection (3)(b) to a member of a combined authority does not include a non-constituent or associate member.”, and (b) after subsection (4) insert— 35 ...“(3A) An order under this section adding or removing a local government area to or from an existing area of a mayoral combined authority may be made only if— (a) the relevant council in relation to the local government area consents, and (b) the mayor for the area of the combined authority consents. (3AA) An order under this section adding or removing a local government area to or from an existing area of a combined authority which is not a mayoral combined authority may be made only if— (a) the relevant council in relation to the local government area consents, and (b) the combined authority consents.”...ion 104B(1);”, ““nominating body” means a body designated under section 104A(1);”, and ““non-constituent member” has the meaning given by section 104A(3);”. 62 Proposal for establishment of combined a...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 107DA Procedure for direct conferral of general functions on mayor
A new section, 107DA, is inserted to outline the procedure for the direct conferral of general functions on the mayor of a mayoral combined authority. The mayor must consult the constituent councils and obtain their agreement before making a request to the Secretary of State for the order.
Exemplar quote from bill: ...0 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 2—Other provision (5) After section 107D insert— “107DA Procedure for direct conferral of general functions on mayor...“(1) This section applies in relation to an order which is made under sections 105A and 107D in relation to an existing mayoral combined authority and provides for a function— (a) to be a function of the combined authority, and (b) to be a function exercisable only by the mayor. (2) The Secretary of State may make the order only if a request for the making of the order has been made to the Secretary of State by the mayor. (3) Before submitting a request under this section, the mayor must consult the constituent councils. (4) A request under this section must contain— (a) a statement by the mayor that all of the constituent councils agree to the making of the order, or (b) if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made. (5) In this section “constituent council” means— (a) a county council the whole or any part of whose area is within the area of the combined authority, or (b) a district council whose area is within the area of the combined authority.”...authority.” 59 Consent to conferral of police and crime commissioner functions on mayor (1) Section 107F of the Local Democracy, Economic Development and Construction 25 Act 2009 (functions of mayors:...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 107F (functions of mayors: policing)
Section 107F is amended to state that an order conferring police and crime commissioner functions on the mayor of a mayoral combined authority can only be made with the consent of the mayor.
Exemplar quote from bill: ...functions on mayor (1) Section 107F of the Local Democracy, Economic Development and Construction 25 Act 2009 (functions of mayors: policing) is amended as follows. (2) For subsection (4) substitute— ...“(4) An order under subsection (1) may be made in relation to an existing mayoral combined authority only with the consent of the mayor of the authority.”...y.” (3) Omit subsection (9). 60 Functions in respect of key route network roads (1) The Local Democracy, Economic Development and Construction Act 2009 is amended as follows. (2) In section 104, in su...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 107ZA Designation of key route network roads
A new section, 107ZA, is inserted to allow combined authorities to designate or remove the designation of highways as key route network roads with the consent of the constituent councils and the mayor (for mayoral combined authorities). The Secretary of State can also make such designations or removals upon request from the combined authority, mayor, or constituent council.
Exemplar quote from bill: ...n (9), for “An” substitute “Except as provided for by section 107ZA(7), an”. (4) After section 107 insert— “Combined authorities: key route network roads 107ZA Designation of key route network roads 5...“(1) A combined authority may designate a highway or proposed highway in its area as a key route network road, or remove its designation as a key route network road, with the consent of— (a) each constituent council in whose area the highway or proposed highway is, and (b) in the case of a mayoral combined authority, the mayor. (2) The Secretary of State may designate a highway or proposed highway in the area of a combined authority as a key route network road, or remove its designation as a key route network road, if requested to do so by— (a) the combined authority, (b) the mayor (if any) of the combined authority, or (c) a constituent council....uncil. (3) 20 A designation or removal under this section must be in writing and must state when it comes into effect. (4) The Secretary of State must send a copy of a designation or removal under sub...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 104A Non-constituent members of a combined authority
A new section, 104A, is inserted to allow combined authorities to designate non-constituent members from bodies other than constituent councils. These non-constituent members will be non-voting members of the authority, unless the voting members decide otherwise.
Exemplar quote from bill: ...t councils.” (6) Omit subsection (2C). 5 (7) In subsection (11), for “subsection (10)” substitute “this section”. (8) After section 104 insert— “104A Non-constituent members of a combined authority (1...“(1) A combined authority may designate a body other than a constituent council as a nominating body for the purposes of this Part. (2) A body may be designated under subsection (1) only if the body consents to the designation. (3) A nominating body of a combined authority may nominate a representative of the body for appointment by the authority as a member (a “non-constituent member”). (4) The non-constituent members of a combined authority are to be non-voting members of that authority unless the voting members resolve otherwise. (5) An associate member (see section 104B) may not vote on a resolution under subsection (4). (6) A resolution under subsection (4) does not permit non-constituent members to vote on a decision whether the combined authority should consent to the making of an order under this Part. (7) This section is subject to regulations under section 104C(4) (disapplication of this section). (8) In this section “constituent council”, in relation to a combined authority, means— (a) a county council the whole or any part of whose area is within the area of the authority, or (b) a district council whose area is within the area of the authority.”...thority. 30 104B Associate members of a combined authority (1) A combined authority may appoint an individual to be a member (“an associate member”) of the combined authority. (2) 35 The associate mem...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 104B Associate members of a combined authority
A new section, 104B, is inserted to allow combined authorities to appoint associate members who will be non-voting members of the authority, unless the voting members decide otherwise.
Exemplar quote from bill: ...cil the whole or any part of whose area is within the area of the authority, or (b) a district council whose area is within the area of the authority. 30 104B Associate members of a combined authority...“(1) A combined authority may appoint an individual to be a member (“an associate member”) of the combined authority. (2) The associate members of a combined authority are to be non-voting members of the authority unless the voting members resolve otherwise. (3) A non-constituent member may not vote on a resolution under subsection (2). (4) A resolution under subsection (2) does not permit associate members to vote on a decision whether the combined authority should consent to the making of an order under this Part. (5) This section is subject to regulations under section 104C(4) (disapplication of this section).”... Part. (5) 5 This section is subject to regulations under section 104C(4) (disapplication of this section). 104C Regulations about members (1) The Secretary of State may by regulations make provision ...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 104C Regulations about members
A new section, 104C, is inserted to allow the Secretary of State to make regulations regarding the membership of combined authorities. These regulations can cover various aspects such as the number of members, appointment procedures, voting rights, and the role of nominating bodies. The regulations can also provide for the exclusion or determination of membership provisions for combined authorities established before the enactment of this section.
Exemplar quote from bill: ... authority should consent to the making of an order under this Part. (5) 5 This section is subject to regulations under section 104C(4) (disapplication of this section). 104C Regulations about members...“(1) The Secretary of State may by regulations make provision about— (a) constituent members of a combined authority; (b) the mayor for the area of a combined authority in the mayor’s capacity as a member of the authority; (c) nominating bodies of a combined authority; (d) non-constituent members of a combined authority; (e) associate members of a combined authority. (2) The provision that may be made by regulations under subsection (1) includes, in particular, provision about— (a) the cases in which a decision of a combined authority requires a majority, or a particular kind of majority, of the votes of members of a particular kind; (b) the process for the designation of a nominating body or the removal of such a designation; (c) the number of nominating bodies that may be designated by a combined authority; (d) the number of non-constituent members that may be appointed by a combined authority; (e) the appointment, disqualification, resignation or removal of a non-constituent member; (f) the appointment of a substitute member to act in place of a non-constituent member; (g) the maximum number of non-constituent members of a combined authority; (h) the making by a nominating body of a combined authority of payments towards the costs of the authority; (i) the things which may or may not be done by, or in relation to, a non-constituent member; (j) the appointment, disqualification, resignation or removal of an associate member; (k) the appointment of a substitute member to act in place of an associate member; (l) the maximum number of associate members of a combined authority; (m) the things which may or may not be done by, or in relation to, an associate member. (3) Regulations under subsection (1) may confer a discretion on a combined authority to determine any matter. (4) The Secretary of State may by regulations provide, in relation to a combined authority established by an order which came into force before the coming into force of this section— (a) for the relevant provisions about membership not to apply in relation to the authority, or (b) for the authority to determine whether the relevant provisions about membership are to apply in relation to the authority. (5) In subsection (4) “the relevant provisions about membership” means— (a) the amendments to section 104 made by section 61(2) to (7) of the Levelling-up and Regeneration Act 2023, and (b) sections 104A and 104B. (6) Regulations under subsection (1) or (4) may make incidental, supplementary, consequential, transitional, transitory or saving provision. (7) In this section “constituent member”, in relation to a combined authority, means a member of the authority (other than any mayor for the area of the authority) appointed by— (a) a county council the whole or any part of whose area is within the area of the authority, or (b) a district council whose area is within the area of the authority.”...y part of whose area is within 20 the area of the authority, or (b) a district council whose area is within the area of the authority.” (9) In section 105 (constitution of combined authority), after s...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 9HF Alternative mayoral titles
The proposed change allows local authorities to change the title of the elected mayor to one of the listed alternative titles or a title that the authority considers more appropriate.
Exemplar quote from bill: ...ential amendments to section 107H, 107I or 107J.” 74 Local authorities in England: alternative mayoral titles (1) The Local Government Act 2000 is amended as follows. 15 (2) After section 9HE insert— ...“9HF Alternative mayoral titles (1) A local authority within subsection (8) may, by a resolution in accordance with subsection (2), change the title by which the elected mayor of the authority is to be known to one of the following alternative titles— (a) county commissioner; (b) county governor; (c) elected leader; (d) governor; 25 (e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority."...y. (2) The following requirements must be met in relation to the resolution— 30 (a) the resolution must be considered at a relevant meeting of the authority, (b) particulars of the resolution must be ...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 11C Higher amount for dwellings occupied periodically: England
The proposed change allows billing authorities in England to increase the amount of council tax for dwellings occupied periodically by a specified percentage.
Exemplar quote from bill: ...2) and (3). 84 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 2—Other provision (2) After section 11B (higher amount for long-term empty dwellings: England) insert— ...“11C Higher amount for dwellings occupied periodically: England (1) 5 For any financial year, a billing authority in England may by determination provide in relation to its area, or such part of its area as it may specify in the determination, that if on any day the conditions mentioned in subsection (2) are satisfied in respect of a dwelling— (a) the discount under section 11(2)(a) does not apply, and (b) 10 the amount of council tax payable in respect of that dwelling and that day is increased by such percentage of not more than 100 as it may specify in the determination."...(2) The conditions are— (a) there is no resident of the dwelling, and (b) the dwelling is substantially furnished. (3) A billing authority’s first determination under this section must be 15 made at l...
- ‼️ Local Democracy
(Variously affected)
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 22
The amendment requires that a draft of a statutory instrument containing regulations made under subsection (3) must be approved by resolution of the House of Commons before it can be made.
Exemplar quote from bill: ...the amount of council tax concerned. (3) The Secretary of State may by regulations specify a different percentage 10 limit for the limit which is for the time being specified in section 11C(1)(b). (4)..."A statutory instrument containing regulations made under subsection (3) may not be made unless a draft of the instrument has been approved by resolution of the House of Commons."... (3) In consequence of the amendment made by subsection (2)— (a) in section 11 (discounts), in subsection (2), after “11B” insert “, 11C”; 15 (b) in section 11A (discounts: special provision for Engla...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
subsection 22
The proposed amendment requires the Secretary of State to ensure consultation and participation by the public or relevant bodies and persons before making or revoking a direction or modifying a national development management policy.
Exemplar quote from bill: ...rection designates as a national development management policy. (2) The Secretary of State may— 30 (a) revoke a direction under subsection (1); (b) modify a national development management policy. (3)..."Before making or revoking a direction under subsection (1), or modifying a national development management policy, the Secretary of State must ensure that such consultation with, and participation by, the public or any bodies or persons (if any) as the Secretary of State thinks appropriate takes place."...e.” Levelling-up and Regeneration Bill 95 Part 3—Planning Chapter 2—Development plans etc Spatial development strategy for London 89 Contents of the spatial development strategy (1) Section 334 of GL...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 334 of GLAA 1999
The proposed amendment requires the spatial development strategy for Greater London to include the Mayor's policies that are of strategic importance to Greater London and designed to achieve objectives specific to the characteristics or circumstances of Greater London.
Exemplar quote from bill: ...strategy for London 89 Contents of the spatial development strategy (1) Section 334 of GLAA 1999 (the spatial development strategy) is amended as follows. (2) For subsections (2) to (6) substitute— 5 ..."(2A) The spatial development strategy must include a statement of the Mayor’s policies (however expressed), in relation to the development and use of land in Greater London, which are— (a) of strategic importance to Greater London, and (b) designed to achieve objectives that relate to the particular characteristics or circumstances of Greater London."...n. (2B) The spatial development strategy may specify or describe infrastructure the provision of which the Mayor considers to be of strategic importance to Greater London for the purposes of— (a) supp...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 58B of TCPA 1990
The proposed amendment requires the local planning authority or the Secretary of State to have special regard to the desirability of preserving or enhancing a relevant heritage asset or its setting when considering granting planning permission or permission in principle for development in England.
Exemplar quote from bill: ...heritage assets in exercise of planning functions (1) After section 58A of TCPA 1990 insert— “Regard to certain heritage assets 58B Duty of regard to certain heritage assets in granting permissions 20..."(1) In considering whether to grant planning permission or permission in principle for the development of land in England which affects a relevant asset or its setting, the local planning authority or (as the case may be) the Secretary of State must have special regard to the desirability of preserving or enhancing the asset or its setting."...g. (2) For the purposes of subsection (1), preserving or enhancing a relevant asset or its setting includes preserving or enhancing any feature, quality or characteristic of the asset or setting that ...
- ‼️ Heritage
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 44AA of the Listed Buildings Act
The proposed insertion allows a local planning authority in England to issue a temporary stop notice if works are being executed to a listed building and the works contravene section 9(1) or (2) of the Listed Buildings Act. The authority can issue the notice if they believe it is expedient to stop the works immediately due to their effect on the character of the building as one of special architectural or historic interest.
Exemplar quote from bill: ...r enhancing”.” 97 Temporary stop notices in relation to listed buildings 25 (1) The Listed Buildings Act is amended as follows. (2) After section 44A insert— “44AA Temporary stop notices in England (1..."(1) This section applies where it appears to a local planning authority in England that— (a) works have been or are being executed to a listed building in their area, and (b) the works are such as to involve a contravention of section 9(1) or (2). (2) The authority may issue a temporary stop notice if, having regard to the effect of the works on the character of the building as one of special architectural or historic interest, they consider it is expedient that the works (or part of them) be stopped immediately."...y. (3) A temporary stop notice must be in writing and must— Levelling-up and Regeneration Bill 103 Part 3—Planning Chapter 3—Heritage (a) specify the works in question, (b) prohibit execution of the ...
- ‼️ Heritage
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 10
A new defence is added for a person charged with an offence under this section, allowing them to show that the works carried out on a building were urgently necessary for safety, health, or preservation reasons, and that it was not practicable to secure safety or preservation through other means. The works must be limited to the minimum necessary and notice must be given to the local planning authority.
Exemplar quote from bill: ...e under this section, it 5 is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice. (4) 10 ...In proceedings against a person for an offence under this section, it is also a defence for the person to show— (a) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, (b) that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, (c) that the works carried out were limited to the minimum measures immediately necessary, and (d) that notice in writing justifying in detail the carrying out of the works was given to the local planning authority as soon as reasonably practicable....cable. (5) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine. (6) 25 In determining the amount of a fine to be imposed on a pe...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 44AC
A person who has an interest in a building on the day when a temporary stop notice is displayed is entitled to claim compensation from the local planning authority for any loss or damage caused by the notice.
Exemplar quote from bill: ... particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence. 44AC Temporary stop notices in England: compensation (1) 30 ...A person who, on the day when a temporary stop notice is first displayed in accordance with section 44AA(5), has an interest in the building is, on making a claim to the local planning authority within the prescribed time and in the prescribed manner, entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.... (2) But subsection (1) applies only if— 35 (a) the works specified in the notice are not such as to involve a contravention of section 9(1) or (2), or (b) the authority withdraws the notice other tha...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 61QF Regulations: general provision
The proposed change introduces regulations that allow for exemptions and confer functions on individuals in relation to SVDO (Street Vote Development Order) regulations.
Exemplar quote from bill: ... within this section, the Secretary of State must consult the Electoral Commission. (5) In this section “enactment” means an enactment, whenever passed or made. 61QF Regulations: general provision 15 ...SVDO regulations may— (a) provide for exemptions (including exemptions which are subject to prescribed conditions); (b) 20 confer a function, including a function involving the exercise of a discretion, on any person.... 61QG Provision that may be made by a street vote development order (1) A street vote development order may make provision in relation to— (a) all land in the street area specified in the order, (b) a...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 293D
The Secretary of State must determine whether a development is of national importance after receiving the application.
Exemplar quote from bill: ...line planning permission for the development of land in England, but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations. ...(4) After receiving the application, the Secretary of State must give a notice to the appropriate authority stating whether the Secretary of State considers the development to be of national importance....ce. (5) If the Secretary of State considers the development to be of national importance, the Secretary of State must proceed to determine the application. (6) 20 If the Secretary of State considers t...
- ‼️ National Security
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 293E
The appropriate authority can make a connected application to the Secretary of State if the development is considered to be of national importance.
Exemplar quote from bill: ...accordingly. 124 Levelling-up and Regeneration Bill Part 3—Planning Chapter 4—Grant and implementation of planning permission 293E Crown development: connected applications to the Secretary of State ...(1) This section applies where— (a) the appropriate authority makes an application to the Secretary of State under section 293D, and (b) the Secretary of State gives a notice to the appropriate authority under section 293D(4) stating that the development to which it relates is considered by the Secretary of State to be of national importance....e. (2) 10 The appropriate authority may make an application (“a connected application”) under the planning Acts to the Secretary of State where the requirements of subsection (3) are met. (3) The requ...
- ‼️ National Security
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 293F
The decision of the Secretary of State on an application made under section 293D or 293E is final, and the Secretary of State can give directions to local planning authorities or hazardous substances authorities.
Exemplar quote from bill: ...at authority (and not to the Secretary of State under this section), and (ii) is to be determined by that authority accordingly. 293F Applications under section 293D or 293E: supplementary matters 35 ...(1) The decision of the Secretary of State on an application made under section 293D or 293E is final.... (2) The Secretary of State may give directions requiring a local planning 40 authority or hazardous substances authority to do things in relation to an application made under section 293D or 293E tha...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Definition of "community land auction arrangement"
The bill introduces the concept of a "community land auction arrangement," which is an arrangement provided for in CLA regulations. It involves a local planning authority inviting landowners to offer a CLA option over their land, with the intention of allocating the land for development in the next local plan. The CLA option will cease to have effect if the land is not allocated in the plan, and the local planning authority has the power to exercise the option, dispose of the land, or dispose of the option to another person.
Exemplar quote from bill: ...(7), section 135(3) or section 136(3), can be funded (wholly or partly) by owners or developers of land. (2) “CLA regulations” means regulations made under this Part by the Secretary of State. (3) 15 ...A “community land auction arrangement” means an arrangement provided for in CLA regulations under which— (a) a local planning authority is to invite anyone who has a freehold or leasehold interest in land in the authority’s area to offer to grant a CLA option over the land, with a view to the land being allocated for development in the next local plan for the authority’s area, (b) any CLA option granted under the arrangement ceases to have effect 20 if the land subject to the option is not so allocated when that plan is adopted or approved (unless the option has already been exercised or been withdrawn or otherwise ceased to have effect), and (c) the local planning authority may— (i) exercise the CLA option and dispose of the interest in the land 25 to a person who proposes to develop the land, (ii) exercise the CLA option with a view to developing the land itself, or (iii) 30 dispose of the CLA option to a person who proposes to exercise it and then develop the land.... (4) A “CLA option”, in relation to land, means an option to acquire a freehold or leasehold interest in the land which— (a) subject to CLA regulations under paragraph (c), can be— (i) 35 exercised by...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
CLA regulations
The bill allows for the creation of CLA regulations, which will provide specific provisions regarding CLA options. These regulations can cover various aspects, such as the duration of the option, the circumstances for exercising or ceasing the option, the withdrawal of the option, the disposal of the option, the payment of sums related to the option, and the form and content of the option.
Exemplar quote from bill: ... (b) is granted under a community land auction arrangement, and (c) meets any requirements imposed by CLA regulations. Levelling-up and Regeneration Bill 161 Part 5—Community land auction pilots (5) ...CLA regulations under subsection (4)(c) may, in particular, include provision about— (a) how long a CLA option must be capable of being exercised for; (b) 5 when, or the circumstances in which, a CLA option may or must be capable of being exercised; (c) when, or the circumstances in which, a CLA option may or must cease to have effect; (d) when, or the circumstances in which, a CLA option may or must be withdrawn; (e) when, the circumstances in which or the terms on which, a CLA option 10 may or must be disposed of; (f) sums that are to be paid under or in connection with a CLA option (including provision permitting or requiring such sums to be adjusted to reflect changes in the value of money); (g) the form and content of a CLA option. 15... 133 Power to permit community land auction arrangements (1) This section applies where— (a) the Secretary of State directs that a local planning authority which is 20 to prepare a local plan may put ...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Power to permit community land auction arrangements
The bill grants the Secretary of State the power to direct a local planning authority to put in place a community land auction arrangement in relation to a local plan. The local planning authority must resolve to do so, and the arrangement must not have come to an end.
Exemplar quote from bill: ...vision permitting or requiring such sums to be adjusted to reflect changes in the value of money); (g) the form and content of a CLA option. 15 133 Power to permit community land auction arrangements ...(1) This section applies where— (a) the Secretary of State directs that a local planning authority which is to prepare a local plan may put in place a community land auction arrangement in relation to that plan, (b) the local planning authority resolves to do so (and that resolution has not been rescinded), and (c) the community land auction arrangement has not come to an end....nd. (2) The local plan may only allocate land in the authority’s area for development— (a) if the land is subject to a CLA option or a CLA option has already 25 been exercised in relation to it, or (b...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
CLA receipts
The bill requires local planning authorities to apply or cause to be applied any sums received as CLA receipts, which represent financial benefit derived from CLA options, to support the development of an area. This can be done by funding infrastructure provision, improvement, replacement, operation, or maintenance, or by funding the operation of community land auction arrangements.
Exemplar quote from bill: ...n relation to the application of this Part in relation to joint local plans). 162 Levelling-up and Regeneration Bill Part 5—Community land auction pilots CLA receipts 134 Application of CLA receipts ...(1) CLA regulations must require a local planning authority which receives sums that represent financial benefit derived from CLA options over land in its area (“CLA receipts”) to apply them, or cause them to be applied, to— (a) support the development of an area by funding the provision, improvement, replacement, operation or maintenance of infrastructure, or (b) 10 fund the operation of community land auction arrangements in relation to its area....a. (2) Subsection (1) is subject to the following provisions of this section and sections 135(1) to (3) and 136(2) and (3). (3) CLA regulations may make provision about the extent to which the CLA 15 ...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Power to provide for authorities making joint local plans
The bill allows for CLA regulations to apply provisions made in relation to local planning authorities to those authorities that are making a joint local plan. The regulations must include provisions on how CLA receipts derived from a joint community land auction arrangement are to be shared between the authorities.
Exemplar quote from bill: ... CLA infrastructure delivery strategies; (h) the period of time for which CLA infrastructure delivery strategies 30 are valid. General 138 Power to provide for authorities making joint local plans (1)...(1) CLA regulations may make provision applying any provision made by or under this Part in relation to local planning authorities whose next local plan is to be a joint local plan, with or without modifications. (2) Where CLA regulations make provision under subsection (1) which permits local planning authorities that are to make a joint local plan to put in place a community land auction arrangement jointly, it must include provision about how CLA receipts deriving from that arrangement are to be shared between the authorities....es. 168 Levelling-up and Regeneration Bill Part 5—Community land auction pilots 139 Parliamentary scrutiny of pilot (1) The Secretary of State must prepare a report which— (a) assesses the effectiven...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Parliamentary scrutiny of pilot
The bill requires the Secretary of State to prepare a report assessing the effectiveness of the operation of this Part, which includes community land auction arrangements. The report must be laid before each House of Parliament within 24 months after the expiration of this Part or the end of the final community land auction arrangement.
Exemplar quote from bill: ... CLA receipts deriving from that arrangement are to be shared between the authorities. 168 Levelling-up and Regeneration Bill Part 5—Community land auction pilots 139 Parliamentary scrutiny of pilot ...(1) The Secretary of State must prepare a report which— (a) assesses the effectiveness of the operation of this Part in delivering the overall purpose mentioned in section 132(1), and (b) contains such other information about, or assessments as to the effect 5 of, community land auction arrangements as the Secretary of State considers appropriate. (2) The Secretary of State must lay the report before each House of Parliament before the later of— (a) the end of the period of 24 months beginning with the day on which 10 this Part expires in accordance with section 141, and (b) the end of the period of 24 months beginning with the day on which the final community land auction arrangement comes to an end.... (3) 15 The “final community land auction arrangement” means the last community land auction arrangement to come to an end. (4) After the report has been laid before each House of Parliament under sub...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
CLA regulations: further provision and guidance
The bill allows CLA regulations to make further provisions regarding community land auction arrangements. These provisions can cover various aspects, such as leasehold interests, exclusion of land from the arrangement, procedures to be followed, provision or publication of information, requirements for actions under the arrangement, treatment of interested parties, determination of when an arrangement is put in place or comes to an end, use of planning obligations, exercise of other planning or development powers, and any other matters related to planning or development.
Exemplar quote from bill: ...o be taken of any time during which— (a) Parliament is dissolved or prorogued, or (b) either House of Parliament is adjourned for more than 4 days. 140 CLA regulations: further provision and guidance ...(1) CLA regulations may make provision— (a) about the leasehold interests in relation to which a community land 25 auction arrangement may, may not or must be capable of applying; (b) permitting a local planning authority to exclude land from a community land auction arrangement and disapply section 133(2) in relation to that land; (c) about the procedures to be followed under, or in connection with, a 30 community land auction arrangement; (d) about the provision or publication of information under, or in connection with, a community land auction arrangement; (e) 35 about how, when or the circumstances in which anything must be done under, or in connection with, a community land auction arrangement; (f) about the treatment of anyone who has an interest in or over land which is subject to a CLA option; (g) 40 about when a community land auction arrangement is to be taken to be put in place or to come to an end; (h) about how section 106 of TCPA 1990 (planning obligations) is to be used, or is not to be used, where section 133 applies or has applied (including provision about the circumstances in which a planning obligation under that section may constitute a reason for granting planning permission); (i) about the exercise of any other power relating to planning or development; (j) about anything else relating to planning or development....ng or development; (j) about anything else relating to planning or development. (2) 10 The Secretary of State may give guidance to a local planning authority or other authority about, or in connection...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Part 6
The bill proposes the addition of Part 6 to introduce provisions for environmental outcomes reports.
Exemplar quote from bill: ...er to provide for authorities making joint local plans 139 Parliamentary scrutiny of pilot 140 CLA regulations: further provision and guidance 141 Expiry of Part 5 142 Interpretation of Part 5 PART 6 ...ENVIRONMENTAL OUTCOMES REPORTS... Setting environmental outcomes 143 Power to specify environmental outcomes Power to require environmental outcomes reports 144 Environmental outcomes reports for relevant consents and relevant plans ...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 143(1)
The bill proposes the addition of section 143(1) to grant the Secretary of State the power to specify environmental outcomes for the purposes of Part 6.
Exemplar quote from bill: ...entary scrutiny of pilot 140 CLA regulations: further provision and guidance 141 Expiry of Part 5 142 Interpretation of Part 5 PART 6 ENVIRONMENTAL OUTCOMES REPORTS Setting environmental outcomes 143 ...Power to specify environmental outcomes... Power to require environmental outcomes reports 144 Environmental outcomes reports for relevant consents and relevant plans Defining the consents and plans to which this Part applies 145 Power to def...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 144
The bill proposes the addition of section 144 to require the preparation of environmental outcomes reports for proposed relevant consents and proposed relevant plans.
Exemplar quote from bill: ...art 5 142 Interpretation of Part 5 PART 6 ENVIRONMENTAL OUTCOMES REPORTS Setting environmental outcomes 143 Power to specify environmental outcomes Power to require environmental outcomes reports 144 ...Environmental outcomes reports for relevant consents and relevant plans... Defining the consents and plans to which this Part applies 145 Power to define “relevant consent” and “relevant plan” etc Assessment and monitoring 146 Assessing and monitoring impact on outcomes etc...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 145
The bill proposes the addition of section 145 to grant the Secretary of State the power to define "relevant consent" and "relevant plan" for the purposes of Part 6.
Exemplar quote from bill: ...tal outcomes Power to require environmental outcomes reports 144 Environmental outcomes reports for relevant consents and relevant plans Defining the consents and plans to which this Part applies 145 ...Power to define “relevant consent” and “relevant plan” etc... Assessment and monitoring 146 Assessing and monitoring impact on outcomes etc Safeguards, devolution and exemptions 147 Safeguards: non-regression, international obligations and public engagement 148...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 146
The bill proposes the addition of section 146 to provide for the assessment and monitoring of the impact of relevant consents and relevant plans on specified environmental outcomes.
Exemplar quote from bill: ...eports for relevant consents and relevant plans Defining the consents and plans to which this Part applies 145 Power to define “relevant consent” and “relevant plan” etc Assessment and monitoring 146 ...Assessing and monitoring impact on outcomes etc... Safeguards, devolution and exemptions 147 Safeguards: non-regression, international obligations and public engagement 148 Requirements to consult devolved administrations 149 Exemptions for national ...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 147
The bill proposes the addition of section 147 to establish safeguards regarding non-regression in environmental protection, international obligations, and public engagement.
Exemplar quote from bill: ...his Part applies 145 Power to define “relevant consent” and “relevant plan” etc Assessment and monitoring 146 Assessing and monitoring impact on outcomes etc Safeguards, devolution and exemptions 147 ...Safeguards: non-regression, international obligations and public engagement... 148 Requirements to consult devolved administrations 149 Exemptions for national defence and civil emergency etc Enforcement 150 Enforcement Reporting 151 Reporting General 152 Public consultation et...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 148
The bill proposes the addition of section 148 to require consultation with devolved administrations in relation to certain provisions of Part 6.
Exemplar quote from bill: ...ertain planning data to be made publicly available 82 Power to require use of approved planning data software in England 83 Disclosure of planning data does not infringe copyright in certain cases 84 ...Requirements to consult devolved administrations... 85 Interpretation of Chapter CHAPTER 2 DEVELOPMENT PLANS ETC Development plans and national policy 86 Development plans: content 87 Role of development plan and national policy in England 88 National...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 149
The bill proposes the addition of section 149 to provide for exemptions from environmental outcomes reports for proposed relevant consents related to national defense or civil emergencies.
Exemplar quote from bill: ...g impact on outcomes etc Safeguards, devolution and exemptions 147 Safeguards: non-regression, international obligations and public engagement 148 Requirements to consult devolved administrations 149 ...Exemptions for national defence and civil emergency etc... Enforcement 150 Enforcement Reporting 151 Reporting General 152 Public consultation etc 153 Guidance 154 Interaction with existing environmental assessment legislation and the Habitats Regulations 15...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 150
The bill proposes the addition of section 150 to provide for the enforcement of requirements imposed by or under Part 6.
Exemplar quote from bill: ...ier non-implementation etc 108 Condition relating to development progress reports CHAPTER 5 ENFORCEMENT OF PLANNING CONTROLS 109 Time limits for enforcement 110 Duration of temporary stop notices 111 ...Enforcement... warning notices 112 Restriction on appeals against enforcement notices Levelling-up and Regeneration Bill v 113 Undue delays in appeals 114 Penalties for non-compliance 115 Power to provide relief f...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 151
The bill proposes the addition of section 151 to require public authorities to report on the delivery of specified environmental outcomes.
Exemplar quote from bill: ...Levelling-up and Regeneration Bill [AS AMENDED IN COMMITTEE] CONTENTS PART 1 LEVELLING-UP MISSIONS Setting missions 1 Statement of levelling-up missions ...Reporting... on missions 2 Annual etc reports on delivery of levelling-up missions 3 Reports: Parliamentary scrutiny and publication Revision of methodology and metrics or target dates 4 Changes to mission progre...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 152
The bill proposes the addition of section 152 to require public consultation before making certain EOR regulations.
Exemplar quote from bill: ... and public engagement 148 Requirements to consult devolved administrations 149 Exemptions for national defence and civil emergency etc Enforcement 150 Enforcement Reporting 151 Reporting General 152 ...Public consultation etc... 153 Guidance 154 Interaction with existing environmental assessment legislation and the Habitats Regulations 155 Consequential repeal of power to make provision for environmental assessment 156 EOR r...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 154 (interaction with existing environmental assessment legislation and the Habitats Regulations)
The EOR regulations may make provisions for the interaction between this Part and existing environmental assessment legislation or the Habitats Regulations. This includes treating actions related to environmental outcomes reports as satisfying or failing to satisfy requirements under existing legislation, coordinating actions between this Part and existing legislation, and modifying or disapplying provisions of existing legislation or this Part based on actions taken under the other.
Exemplar quote from bill: ...o the function, failing which the function is not to be regarded as having been validly carried out. 154 10 Interaction with existing environmental assessment legislation and the Habitats Regulations ...(1) EOR regulations may make provision about, or in connection with, the interaction of this Part with existing environmental assessment legislation or the Habitats Regulations.... (2) EOR regulations under this section may, in particular, include provision— (a) treating anything done, or omitted to be done, in relation to an 15 environmental outcomes report as satisfying or fa...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 156 (EOR regulations: further provision)
The EOR regulations may make provisions regarding the procedure to be followed, the preparation of environmental outcomes reports, assistance with assessment and monitoring, publication and consultation, information requirements, recipients of reports and documents, information collection, rejection of non-compliant documents, consideration of non-compliance in decision-making, and appeals or reviews of decisions made by public authorities.
Exemplar quote from bill: ...2) Omit section 71A (assessment of environmental effects). (3) In section 293A (urgent Crown development: application), in subsection (4), 5 omit paragraph (a). 156 EOR regulations: further provision ...(1) EOR regulations may make provision about or in connection with— (a) the procedure to be followed in relation to anything done under this Part, including the time by which anything must be done; (b) who is to prepare an environmental outcomes report, including provision permitting a public authority to determine who is to do so or the qualifications or experience a person must have to do so; (c) requiring a public authority to assist with any assessment or monitoring under this Part; (d) the publication of, and consultation and public engagement in connection with, environmental outcomes reports and other relevant documents; (e) the information to be included in, and the content and form of, any relevant document; (f) the persons to whom an environmental outcomes report or other relevant document is to be given, and how it is to be given; (g) the collection or provision of information in connection with this Part; (h) the rejection of a relevant document, or information provided in connection with this Part, if it is not provided in accordance with Chapter 1 of Part 3 (planning data), including provision requiring a document or information to be rejected; (i) how, and to what extent, any failure to comply with a requirement imposed by or under this Part is to be taken into account by public authorities in considering, and making decisions in relation to, relevant consents or relevant plans; (j) appeals against, or reviews of, decisions of a public authority about matters for, or in respect of, which provision is made by EOR regulations or existing environmental assessment legislation....nt legislation. (2) EOR regulations may— 35 (a) provide for the charging of fees or other charges; (b) confer a function, including a function involving the exercise of a discretion, on any person; (c...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 158 (Nutrient pollution standards to apply to certain sewage disposal works)
Sewerage undertakers in England must ensure that each nitrogen significant plant and each phosphorus significant plant in their sewerage system meets the respective nutrient pollution standards by the upgrade date.
Exemplar quote from bill: ...ollution standards to apply to certain sewage disposal works (1) After section 96A of the Water Industry Act 1991 insert— “96B Nutrient pollution standards to apply to certain sewage disposal 5 works ...(1) A sewerage undertaker whose area is wholly or mainly in England must— (a) in the case of each nitrogen significant plant comprised in its sewerage system— (i) secure that, by the upgrade date, the plant will be able to meet the nitrogen nutrient pollution standard, and (ii) on and after the upgrade date, secure that the plant meets that standard; (b) in the case of each phosphorus significant plant comprised in its sewerage system— (i) secure that, by the upgrade date, the plant will be able to meet the phosphorus nutrient pollution standard, and (ii) on and after the upgrade date, secure that the plant meets that standard....standard. (2) “Nitrogen significant plant” means a plant in England that— (a) discharges treated effluent into a nitrogen sensitive catchment area, and (b) is not an exempt plant in relation to the ni...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 159 (Sensitive catchment areas)
The Secretary of State may designate catchment areas as nitrogen sensitive or phosphorus sensitive if a habitats site in England is in an unfavourable condition due to pollution from nitrogen or phosphorus nutrients.
Exemplar quote from bill: ... virtue of pollution from nutrients comprising nitrogen or compounds of nitrogen, the Secretary of State may designate the catchment area for the habitats site as a nitrogen sensitive catchment area. ...(1) Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients comprising nitrogen or compounds of nitrogen, the Secretary of State may designate the catchment area for the habitats site as a nitrogen sensitive catchment area. (2) Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients comprising phosphorus or compounds of phosphorus, the Secretary of State may designate the catchment area for the habitats site as a phosphorus sensitive catchment area....f State may take into account, in particular, advice from, or guidance published by, Natural England, the Environment Agency or the Joint Nature Conservation Committee. (4) A designation under subsect...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 160 (Exempt sewage disposal works)
A plant is exempt from a nutrient pollution standard if it has a capacity of less than 2000 population equivalents when the associated catchment area is designated, if it has been designated as exempt by the Secretary of State, or if it is exempt under regulations.
Exemplar quote from bill: ...satisfied in relation to it. (7) In this section “catchment area”, in relation to a habitats site, means the area where water, if released, would drain into the site. 96D Exempt sewage disposal works ...(1) A plant is exempt in relation to a nutrient pollution standard if— (a) it has a capacity of less than a population equivalent of 2000 when the designation of the associated catchment area takes effect, (b) it has been designated by the Secretary of State as exempt in relation to the standard, or (c) it is exempt in relation to the standard under regulations under subsection (5)....n (5). This is subject to subsection (2). (2) The Secretary of State may designate a plant as not being exempt in relation to a nutrient pollution standard, unless— (a) the plant has a capacity of les...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 161 (Upgrade date)
The upgrade date for a nutrient significant plant is either 1 April 2030 if the associated catchment area is designated during the initial period, or the date specified under section 96C(4)(d) if the catchment area is designated after the initial period.
Exemplar quote from bill: ...effect. (9) In this section “population equivalent” has the meaning given by regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841). 96E Upgrade date ...(1) The upgrade date, in relation to a nutrient significant plant, is, unless subsection (2) applies— (a) 1 April 2030, if the designation of the associated catchment area takes effect during the initial period; (b) the date specified under section 96C(4)(d), if the designation of the associated catchment area takes effect after the end of the initial period....eriod. 186 Levelling-up and Regeneration Bill Part 7—Nutrient pollution standards (2) But, if the plant becomes a nutrient significant plant after the designation of the associated catchment area tak...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 96B: enforcement and interaction with other provisions
The proposed change introduces the enforcement of the duty of a sewerage undertaker under section 96B. The duty can be enforced by the Secretary of State or the Authority with the consent or general authorization of the Secretary of State.
Exemplar quote from bill: ...he information required to be listed, the Secretary of State must, as soon as practicable, publish a revised document online. 96H Section 96B: enforcement and interaction with other provisions 15 (1) ...The duty of a sewerage undertaker under section 96B is enforceable under section 18— (a) by the Secretary of State, or (b) with the consent of, or in accordance with a general authorisation given by, the Secretary of State, by the Authority....ty. (2) The Environment Agency must exercise its functions (whether under environmental permitting regulations or otherwise) so as to secure compliance by sewerage undertakers with the duty imposed by...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 160 Remediation
The proposed change introduces regulation 9A, which applies when a sewerage undertaker fails to ensure that a nutrient significant plant meets the related nutrient pollution standard by the upgrade date.
Exemplar quote from bill: ...ndards (see section 158). 160 Remediation 5 (1) The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) are amended as follows. (2) After regulation 9 insert— ...“9A Nutrient significant sewage disposal works: environmental damage (1) This regulation applies where a sewerage undertaker whose sewerage system includes a nutrient significant plant fails to secure that the plant is able to meet the related nutrient pollution standard by the upgrade date....te. (2) 15 Any excess nutrient pollution is to be treated for the purposes of these regulations as damage to the related habitats site that is environmental damage caused by an activity of the sewerag...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 161 Locally-led urban development corporations
The proposed change grants the Secretary of State the power to designate any area of land in England as an urban development area if a proposal has been made and it is deemed expedient in the local interest to establish a development corporation for that area.
Exemplar quote from bill: ...elopment corporations (1) Section 134 of the Local Government, Planning and Land Act 1980 (urban development areas) is amended as set out in subsections (2) and (3). (2) After subsection (1A) insert— ...“(1B) The Secretary of State may designate any area of land in England as an urban development area if— (a) a proposal has been made to the Secretary of State under section 134A(1) in relation to the area of land, and (b) the Secretary of State is satisfied that it would be expedient in the local interest— (i) to designate the area of land as an urban development area, and (ii) to establish a development corporation for the area in consequence of the proposal.”...osal.” (3) After subsection (4C) insert— 35 “(4D) The power in subsection (1B) is exercisable by an order made by statutory instrument. Levelling-up and Regeneration Bill 195 Part 8—Development corpor...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 161 Locally-led urban development corporations
The proposed change specifies that the power to designate an urban development area is exercisable through an order made by statutory instrument, and such an order is subject to annulment by either House of Parliament.
Exemplar quote from bill: ...est— (i) to designate the area of land as an urban development area, and (ii) to establish a development corporation for the area in consequence of the proposal.” (3) After subsection (4C) insert— 35 ...“(4D) The power in subsection (1B) is exercisable by an order made by statutory instrument. (4E) A statutory instrument containing an order under subsection (1B) is subject to annulment in pursuance of a resolution of either House of Parliament.”...o annulment in pursuance of a resolution of either House of Parliament.” (4) 5 After section 134 of the Local Government, Planning and Land Act 1980 insert— “134A Local authority proposal for designat...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 161 Locally-led urban development corporations
The proposed change introduces section 134A, which allows local authorities in England to propose the designation of an area of land as an urban development area to the Secretary of State.
Exemplar quote from bill: ...an order under subsection (1B) is subject to annulment in pursuance of a resolution of either House of Parliament.” (4) 5 After section 134 of the Local Government, Planning and Land Act 1980 insert— ...“134A Local authority proposal for designation of locally-led urban development area in England (1) A local authority in England, or two or more local authorities in England acting jointly, may propose to the Secretary of State that the Secretary of State should designate an area of land (the “proposal area”) as an urban development area under section 134(1B)....B). (2) A proposal under subsection (1) (a “locally-led proposal”) must— (a) state the proposing authority’s proposals as to— (i) 15 the name of the development corporation that would be established a...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 161 Locally-led urban development corporations
The proposed change specifies that subsections (4B) and (4C) apply when the Secretary of State establishes a locally-led urban development corporation based on a proposal made under section 134A(1).
Exemplar quote from bill: ... to (10). (6) In subsection (1A), after “in England” insert “designated under section 134(1)”. Levelling-up and Regeneration Bill 197 Part 8—Development corporations (7) After subsection (4) insert— ...“(4A) Subsections (4B) and (4C) apply where the Secretary of State makes an order under this section establishing a locally-led urban development corporation in consequence of a proposal under section 134A(1)....). (4B) The order must— (a) establish the corporation with the proposed name, (b) give effect to any proposal made by virtue of section 134A(3) 10 as to the number of members to be prescribed under pa...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 161 Locally-led urban development corporations
The proposed change grants the Secretary of State the power to make regulations regarding the oversight of the regeneration of a locally-led urban development area by an oversight authority.
Exemplar quote from bill: ...ary of State under this section in relation to a locally-led urban development area is subject to annulment in pursuance of a resolution of either House of Parliament.” (11) After section 135 insert— ...“135A Oversight of locally-led urban development area (1) The Secretary of State may by regulations make provision about how an oversight authority is to oversee the regeneration of a locally-led urban development area....ea. (2) Regulations under subsection (1) may, for example— (a) 35 provide that an oversight authority is to exercise specified functions under this Part of this Act, other than a power to make regulat...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 1ZA of the New Towns Act 1981
This change allows local authorities in England, either individually or jointly, to propose the designation of an area of land as the site of a proposed new town. The proposal must include the name of the development corporation to be established and the local authority or authorities designated as the oversight authority. The proposal may also include other matters that the Secretary of State can make provisions for. The proposing authority must consult with relevant stakeholders and consider their comments. If there are disagreements with a local authority or the Greater London Authority, the proposing authority must publish a statement explaining the reasons for non-acceptance.
Exemplar quote from bill: ...de until approved by a resolution of each House of Parliament.” 162 Development corporations for locally-led new towns (1) The New Towns Act 1981 is amended as follows. 15 (2) After section 1 insert— ...“1ZA Local authority proposal for designation of locally-led new town in England (1) 20 A local authority in England, or two or more local authorities in England acting jointly, may propose to the Secretary of State that the Secretary of State should designate an area of land (the “proposal area”) as the site of a proposed new town. (2) A proposal under subsection (1) (a “locally-led proposal”) must— (a) state the proposing authority’s proposals as to— (i) the name of the development corporation that would 25 be established as a result of the proposal, and (ii) which local authority or local authorities should be designated as the oversight authority for that development corporation, and (b) include a map of the proposal area. 30 (3) A locally-led proposal may also include proposals about any other matter about which the Secretary of State would be able to make provision in respect of the development corporation by order or regulations under this Act. (4) A local authority may make a locally-led proposal only if— 35 (a) the proposal area falls wholly within the area of the local authority, or (b) where it makes the proposal jointly with one or more other local authorities, the proposal area falls— (i) wholly or partly within the area of each of them, and (ii) wholly within their combined areas. (5) A proposing authority may make a locally-led proposal only if— (a) 5 the proposing authority has consulted the persons mentioned in subsection (6); (b) the proposing authority has had regard to any comments made in response by the consultees, and (c) if those comments include comments by a local authority or 10 the Greater London Authority that the proposing authority does not accept, the proposing authority has published a statement giving the reasons for the non-acceptance. (6) The persons referred to in subsection (5)(a) are— (a) persons who appear to the proposing authority to represent those living in, or in the vicinity of, the proposal area; (b) persons who appear to the proposing authority to represent 15 businesses with any premises in, or in the vicinity of, the proposal area; (c) each Member of Parliament whose parliamentary constituency includes any part of the proposal area; (d) each local authority for an area which falls wholly or partly 20 within the proposal area (other than the proposing authority or a constituent council of the proposing authority); (e) in relation to an area in Greater London, the Greater London Authority; (f) any other person whom the proposing authority considers it 25 appropriate to consult. (7) A local authority may be proposed as the oversight authority under subsection (2)(a)(ii) only if the proposal area is wholly or partly within the area of the local authority. (8) Where the proposing authority proposes, under subsection (2)(a)(ii), 30 that two or more local authorities should be designated as the oversight authority, it may also propose— (a) that a specified function should be exercisable by one of those local authorities, or (b) that a specified function should be exercisable by two or more 35 of those local authorities jointly. For this purpose, “specified” means specified in the proposal. (9) In this section— “local authority” means— (a) a district council, 40 (b) a county council, or (c) a London borough council; “locally-led proposal” has the meaning given by subsection (2); 200 Levelling-up and Regeneration Bill Part 8—Development corporations “proposing authority” means— (a) the local authority which makes a locally-led proposal, or (b) 5 if two or more local authorities make such a proposal, those authorities acting jointly; and where the proposing authority consists of two or more authorities acting jointly, each is a “constituent council” of the proposing authority....ing jointly, each is a “constituent council” of the proposing authority. 1ZB Designation of locally-led new town in England (1) This section applies where a proposal has been made to the Secretary 10 ...
- ‼️ Local Democracy
(Variously affected)
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 1ZB of the New Towns Act 1981
This change allows the Secretary of State to make an order designating an area of land as the site of a proposed new town if it is deemed expedient in the local interest. The order will establish a corporation under the New Towns Act 1981 to develop the new town.
Exemplar quote from bill: ...ake such a proposal, those authorities acting jointly; and where the proposing authority consists of two or more authorities acting jointly, each is a “constituent council” of the proposing authority....“1ZB Designation of locally-led new town in England (1) This section applies where a proposal has been made to the Secretary 10 of State under section 1ZA(1) in relation to an area of land in England. (2) The Secretary of State may make an order under this section designating the area as the site of a proposed new town if satisfied 15 that it would be expedient in the local interest that the area should be developed as a new town by a corporation established under this Act in consequence of the proposal. (3) Subsections (3) and (5) of section 1 apply to an order under this section as they apply to an order under that section.”... (3) In section 3 (establishment of development corporations for new towns)— (a) in subsection (1), after “1” insert “or 1ZB”; 20 (b) in subsection (2A), after “in England” insert “designated under se...
- ‼️ Local Democracy
(Variously affected)
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 3 of the New Towns Act 1981
This change amends Section 3 of the New Towns Act 1981 to include provisions for the establishment of a development corporation for a locally-led new town. The order establishing the corporation must include the proposed name, the number of members, the oversight authority, and the allocation of functions. The Secretary of State is required to exercise other functions to give effect to any other proposals made under Section 1ZA(3).
Exemplar quote from bill: ...3) Subsections (3) and (5) of section 1 apply to an order under this section as they apply to an order under that section.” (3) In section 3 (establishment of development corporations for new towns)— ...(a) in subsection (1), after “1” insert “or 1ZB”; 20 (b) in subsection (2A), after “in England” insert “designated under section 1”; (c) after subsection (2A) insert— “(2B) 25 Subsections (2C) and (2D) apply where the Secretary of State makes an order under this section establishing a development corporation for a locally-led new town in consequence of a proposal under section 1ZA(1). (2C) The order must— (a) establish the corporation with the proposed name, (b) give effect to any proposal made by virtue of section 30 1ZA(3) as to the number of members to be prescribed under subsection (2ZB), (c) designate as the oversight authority the local authority or local authorities proposed as such, and (d) give effect to any proposal made by virtue of section 35 1ZA(8) (allocation of functions where oversight authority consists of more than one local authority). (2D) The Secretary of State must exercise other functions under this 40 Act so as to give effect to any other proposals made by virtue of section 1ZA(3).”... (4) In section 77 (regulations and orders)— Levelling-up and Regeneration Bill 201 Part 8—Development corporations (a) in subsection (3), after “1,” insert “1ZB,”; (b) in subsection (3B), for “1, 2 ...
- ‼️ Local Democracy
(Variously affected)
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 149A of the Local Government, Planning and Land Act 1980
This change allows urban development corporations to make arrangements with the relevant council for the discharge of planning functions. The council may delegate the function to a committee, sub-committee, or officer of the council. The urban development corporation can also seek assistance from the council in discharging its functions.
Exemplar quote from bill: ...conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act.” (3) After section 149 insert— 10 ...“149A Arrangements for discharge of, or assistance with, planning functions in England (1) Subsection (2) applies in relation to any function that an urban development corporation has by virtue of an order under section 149(1). (2) The corporation may make arrangements for the discharge of the function by the council (if any) which would have the function but for the order. (3) 20 Where arrangements are in force under sub-paragraph (2) for the discharge of a function by a council— (a) the council may arrange for the discharge of the function by a committee, sub-committee or officer of the council, and (b) section 101(2) of the Local Government Act 1972 (delegation 25 by committees and sub-committees) applies in relation to the function as it applies in relation to functions of the council. (4) Arrangements under subsection (2) for the discharge of a function do not prevent the urban development corporation from exercising the function. (5) 30 Subsection (6) applies in relation to any function that an urban development corporation has by virtue of an order under section 149(1A) or (2A). (6) The corporation may seek assistance in connection with the discharge of the function from the council (if any) which would have the function but for the order; and that council may give such assistance. (7) In this section, “council” means a county council, district council or 35 London borough council or the Common Council.”...l.” (4) In Part 1 of Schedule 29 (planning enactments conferring functions capable of being assigned to urban development corporations)— (a) at the beginning insert— “1 Section 17 of the Land Compensa...
- ‼️ Local Democracy
(Variously affected)
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 1ZB of the New Towns Act 1981
This change allows the Secretary of State to make an order designating an area of land as the site of a proposed new town if it is deemed expedient in the local interest. The order will establish a corporation under the New Towns Act 1981 to develop the new town.
Exemplar quote from bill: ...ake such a proposal, those authorities acting jointly; and where the proposing authority consists of two or more authorities acting jointly, each is a “constituent council” of the proposing authority....“1ZB Designation of locally-led new town in England (1) This section applies where a proposal has been made to the Secretary 10 of State under section 1ZA(1) in relation to an area of land in England. (2) The Secretary of State may make an order under this section designating the area as the site of a proposed new town if satisfied 15 that it would be expedient in the local interest that the area should be developed as a new town by a corporation established under this Act in consequence of the proposal. (3) Subsections (3) and (5) of section 1 apply to an order under this section as they apply to an order under that section.”... (3) In section 3 (establishment of development corporations for new towns)— (a) in subsection (1), after “1” insert “or 1ZB”; 20 (b) in subsection (2A), after “in England” insert “designated under se...
- ‼️ Local Democracy
(Variously affected)
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 7A of the New Towns Act 1981
This change allows a development corporation established for a new town in England to be designated as the local planning authority for the specified area. The Secretary of State can provide by order for the corporation to have the functions conferred by relevant enactments and to be the minerals and waste planning authority. The order may also include provisions for the corporation to have functions under Schedule 8 to the Electricity Act 1989. The order may include supplementary or transitional provisions.
Exemplar quote from bill: ...Planning (Listed Buildings and Conservation Areas) Act 1990.” 165 Planning functions of new town development corporations (1) The New Towns Act 1981 is amended as follows. (2) After section 7 insert— ...“7A Development corporation as planning authority in England (1) This section applies in relation to a development corporation 15 established for the purposes of a new town in England. (2) The Secretary of State may provide by order for the corporation to be the local planning authority for the specified area— (a) 20 for such purposes of Part 3 of the Town and Country Planning Act 1990, and in relation to such kinds of development, as are specified, or (b) for such purposes of Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 as are specified. (3) An order under subsection (2) may provide— (a) that any enactment relating to local planning authorities is not 25 to apply to the corporation, or (b) that any such enactment which applies to the corporation is to apply to it subject to such modifications as are specified. (4) The Secretary of State may provide by order— (a) for the corporation to have, in the specified area, the functions 30 conferred by such of the enactments mentioned in Part 1 of Schedule 29 to the Local Government, Planning and Land Act 1980 as are specified; (b) 35 for such of the enactments mentioned in Part 2 of that Schedule as are specified in the order to have effect, in relation to the corporation and to land in the specified area, subject to the modifications set out in that Part; (c) for such of the provisions of that Part 2 as apply for the purposes of the order to be read, for those purposes, as if— 204 Levelling-up and Regeneration Bill Part 8—Development corporations (i) any reference to an urban development corporation were a reference to a development corporation established under section 3 of this Act, and (ii) 5 any reference to regenerating an area were a reference to developing a new town. (5) An order under subsection (4) may provide— (a) that any enactment relating to local planning authorities applies to the corporation for the purposes of any enactment specified 10 in Schedule 29 to the Local Government, Planning and Land Act 1980 which relates to land in the specified area by virtue of the order; (b) that any enactment so applied to the corporation applies to it subject to modifications specified in the order. (6) 15 The Secretary of State may, if the corporation is not a locally-led development corporation, provide by order for the corporation to be the minerals and waste planning authority for the specified area for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004. (7) 20 The Secretary of State may provide by order that the corporation is to have, in the specified area, the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act. (8) The area specified under any of the preceding subsections must be the whole, or part, of the area of the new town. (9) An order under this section may include supplementary or transitional 25 provision or savings. (10) In this section “specified” means specified in an order under this section.”...7B 30 Arrangements for discharge of, or assistance with, planning functions in England (1) Subsection (2) applies in relation to any function that a development corporation has by virtue of an order u...
- ‼️ Local Democracy
(Variously affected)
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 149A of the Local Government, Planning and Land Act 1980
This change allows development corporations to make arrangements with the relevant council for the discharge of planning functions. The council may delegate the function to a committee, sub-committee, or officer of the council. The development corporation can also seek assistance from the council in discharging its functions.
Exemplar quote from bill: ...conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act.” (3) After section 149 insert— 10 ...“149A Arrangements for discharge of, or assistance with, planning functions in England (1) Subsection (2) applies in relation to any function that a development corporation has by virtue of an order under section 7A(2)(a). (2) The corporation may make arrangements for the discharge of the function by the council (if any) which would have the function but for the order. (3) 20 Where arrangements are in force under sub-paragraph (2) for the discharge of a function by a council— (a) the council may arrange for the discharge of the function by a committee, sub-committee or officer of the council, and (b) section 101(2) of the Local Government Act 1972 (delegation 25 by committees and sub-committees) applies in relation to the function as it applies in relation to functions of the council. (4) Arrangements under subsection (2) for the discharge of a function do not prevent the development corporation from exercising the function. (5) 30 Subsection (6) applies in relation to any function that a development corporation has by virtue of an order under section 7A(2)(b) or (6). (6) The corporation may seek assistance in connection with the discharge of the function from the council (if any) which would have the function but for the order; and that council may give such assistance. (7) In this section, “council” means a county council, district council or 35 London borough council.”...don borough council or the Common Council.” (4) In Part 1 of Schedule 29 (planning enactments conferring functions capable of being assigned to urban development corporations)— (a) at the beginning in...
- ‼️ Local Democracy
(Variously affected)
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
section 60 of the New Towns Act 1981
The amendment adds a new subsection (1A) to section 60 of the New Towns Act 1981. This subsection states that no sum advanced or borrowed by a development corporation for a new town in England on or after the date when section 169 of the Levelling-up and Regeneration Act 2023 comes into force will count towards the aggregate limit on borrowing set out in subsection (1) of section 60.
Exemplar quote from bill: ...023 comes into force, is to count for the purposes of sub-paragraph (2)(a) or (b).” (2) In section 60 of the New Towns Act 1981 (aggregate limit on borrowing of 10 new town development corporations)— ...(a) in subsection (1), after “sums” insert “(save as excepted by subsection (1A))”;... (b) after subsection (1) insert— “(1A) No sum which— 15 (a) is advanced to, or borrowed by, a development corporation established for the purposes of a new town in England, and (b) 20 is advanced or ...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 177
The proposed change introduces the power for the Secretary of State to make regulations requiring acquiring authorities to comply with approved data standards when preparing, holding, or providing relevant compulsory purchase data.
Exemplar quote from bill: ...s” insert “, as a result of Schedule A1 to 35 the Compulsory Purchase (Vesting Declarations) Act 1981 (counter-notices in respect of divided land),”. 177 Common standards for compulsory purchase data ...(1) The Secretary of State may, by regulations, make provision requiring an acquiring authority, in preparing, holding or providing such of its relevant compulsory purchase data as is specified or described in the regulations, to comply with any approved data standards which are applicable....le. 218 Levelling-up and Regeneration Bill Part 9—Compulsory purchase (2) “Acquiring authority” means any person who is, or may be, authorised under an enactment to acquire land compulsorily. (3) “Ap...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 2: Amount of additional compensation
The proposed change introduces provisions for additional compensation in cases of acquisition. It establishes that additional compensation will be paid to an eligible person if the alternative amount is greater than the original amount. The original amount refers to the compensation awarded or agreed to be paid, while the alternative amount is the compensation that would have been assessed without the application of section 14A. The change also specifies the relevant valuation date and clarifies the treatment of disturbance, severance, or injurious affection in the calculation of compensation.
Exemplar quote from bill: ...n is an “eligible person” for the purposes of this Schedule if the person was entitled to compensation in respect of the acquisition (and see also paragraph 4(1)). Amount of additional compensation 2 ...Additional compensation in respect of an acquisition is 15 payable to an eligible person only if, in relation to that (1) person, the alternative amount is greater than the original amount.... (2) 20 The amount payable is the difference between the two amounts. (3) The “original amount” is the amount of compensation awarded or agreed to be paid to the person in respect of the acquisition. ...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 184
The bill introduces a new provision defining the "local benefit condition" for premises. It states that the condition is satisfied if the local authority determines that the occupation of the premises for a suitable high-street use would be beneficial to the local economy, society, or environment.
Exemplar quote from bill: ...ection unless it involves the use of the premises for activity that— (a) is substantial, (b) is sustained, and (c) involves the regular presence of people at the premises. 184 Local benefit condition ...For the purposes of this Part, the “local benefit condition” is satisfied in relation to premises if the local authority considers that the occupation of the premises for a suitable high-street use would be beneficial to the local economy, society or environment....nt. Procedure preliminary to letting 185 Initial notice 35 (1) On any day on which it appears to a local authority that the vacancy condition and the local benefit condition are met in relation to qua...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Social Welfare
(Variously affected)
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 185
The bill introduces a new provision allowing a local authority to serve an "initial letting notice" on the landlord of qualifying high-street premises if the vacancy condition and the local benefit condition are met. This notice is served when the authority determines that the premises are vacant and their occupation for a suitable high-street use would be beneficial to the local economy, society, or environment.
Exemplar quote from bill: ...y considers that the occupation of the premises for a suitable high-street use would be beneficial to the local economy, society or environment. Procedure preliminary to letting 185 Initial notice 35 ...(1) On any day on which it appears to a local authority that the vacancy condition and the local benefit condition are met in relation to qualifying high-street premises in its area, the authority may serve a notice under this section (an “initial letting notice”) on the landlord of the premises....thority may serve a notice under this section (an “initial letting notice”) on the landlord of the premises. (2) An initial letting notice expires (if it has not been withdrawn)— (a) when a final lett...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Social Welfare
(Variously affected)
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 186
The bill introduces a new provision stating that while an initial letting notice is in force, the landlord of the premises cannot grant a tenancy or license to occupy the premises or enter into any other agreement resulting in another person becoming entitled to possess or occupy the premises without the written consent of the local authority that served the notice.
Exemplar quote from bill: ...premises takes effect, or (b) at the end of the period of ten weeks beginning with the day on which 5 the initial letting notice takes effect. 186 Restriction on letting while initial notice in force ...(1) While an initial letting notice is in force in relation to premises, the landlord of the premises may not— (a) grant, or agree to grant, a tenancy of, or licence to occupy, the premises, or (b) enter into any other agreement resulting in another person becoming entitled to possess or occupy the premises (except as a result of the transfer or extinction of the landlord’s interest), without the written consent of the local authority that served the notice....ce. 15 (2) The local authority must give or refuse consent under subsection (1) within a reasonable time after it is sought. (3) Subsection (1) does not apply to the grant of a tenancy pursuant to an ...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 187
The bill introduces a new provision stating that the local authority must give consent to the grant of a tenancy or license to occupy the premises if the conditions in subsection (2) are met.
Exemplar quote from bill: ...icence or agreement have, until the expiry, 35 conducted themselves towards each other on the basis that the tenancy, licence or agreement is valid. 187 Circumstances in which letting to be permitted ...(1) The local authority must give consent under section 186(1) to— (a) the grant of, or an agreement to grant, a tenancy, or (b) the grant of a licence to occupy the premises, if the conditions in subsection (2) are met....10—Letting by local authorities of vacant high-street premises if the conditions in subsection (2) are met. (2) The conditions are that— (a) the term of the proposed tenancy, or the period of occupat...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 188
The bill introduces a new provision allowing a local authority to serve a "final letting notice" on the landlord of qualifying high-street premises if certain conditions are met. These conditions include the expiration of the initial letting notice period and the absence of a granted tenancy or license, or the authority's satisfaction that any granted tenancy, license, or agreement is consistent with its powers under section 194.
Exemplar quote from bill: ...d tenancy or licence is not granted, or 15 (b) the term of the tenancy, or period of occupation under the licence, does not begin, within the period referred to in subsection (2)(a). 188 Final notice ...(1) A local authority may serve a notice under this section (a “final letting notice”) on the landlord of qualifying high-street premises on any day on which— (a) an initial letting notice served by the authority is in force in relation to the premises, (b) the period of eight weeks beginning with the day on which that notice took effect has elapsed, and (c) either— (i) no tenancy or licence has been granted, or other agreement entered into, with the consent of the authority under section 186 or in circumstances where consent was not needed because of subsection (3) of that section, or (ii) the authority is satisfied that any tenancy, licence or agreement so granted or entered into is consistent with the contemplated exercise of its powers under section 194....tion 194. (2) 35 But the notice must be served in time for it to take effect before the initial letting notice expires. (3) A final letting notice expires (if it has not been withdrawn or revoked on a...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 189
The bill introduces a new provision stating that while a final letting notice is in force, the landlord of the premises cannot grant a tenancy or license to occupy the premises or enter into any other agreement resulting in another person becoming entitled to possess or occupy the premises without the written consent of the local authority that served the notice.
Exemplar quote from bill: ...th the day on which it takes effect. 240 Levelling-up and Regeneration Bill Part 10—Letting by local authorities of vacant high-street premises 189 Restriction on letting while final notice in force ...(1) While a final letting notice is in force in relation to premises, the landlord of the premises may not— (a) grant, or agree to grant, a tenancy of, or licence to occupy, the premises, or (b) enter into any other agreement resulting in another person becoming entitled to possess or occupy the premises (except as a result of the transfer or extinction of the landlord’s interest), without the written consent of the local authority that served the notice....e. (2) The local authority must give or refuse consent under subsection (1) within 10 a reasonable time after it is sought. (3) Subsection (1) does not apply to the grant of a tenancy pursuant to an o...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 190
The bill introduces a new provision stating that while a final letting notice is in force, the landlord of the premises cannot carry out or permit any works to the premises without the written consent of the local authority that served the notice.
Exemplar quote from bill: ...th the day on which it takes effect. 240 Levelling-up and Regeneration Bill Part 10—Letting by local authorities of vacant high-street premises 189 Restriction on letting while final notice in force ...(1) While a final letting notice is in force in relation to premises, the landlord of the premises may not carry out, or permit the carrying out of, any works to the premises without the written consent of the local authority that served the notice....person becoming entitled to possess or occupy the premises (except as a result of the transfer or extinction of the landlord’s interest), without the written consent of the local authority that served...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 193
The bill introduces a new provision allowing a local authority to arrange for a rental auction for qualifying high-street premises if certain conditions are met. These conditions include the presence of a final letting notice, the inability to revoke the notice, and the absence of a granted tenancy or license, or the authority's satisfaction that any granted tenancy, license, or agreement is consistent with its powers under section 194.
Exemplar quote from bill: ...ision on the appeal, or on any further appeal, may not be overturned on a further appeal (ignoring the possibility of an appeal out of time with permission). Procedure for letting 193 Rental auctions ...(1) A local authority may arrange for a rental auction to be carried out in respect of qualifying high-street premises if— (a) a final letting notice served by the authority is in force in relation to the premises, (b) it is no longer possible for that notice to be revoked on appeal (whether because of the expiry of the period referred to in section 191(2) or 192(4) or the final determination, withdrawal or abandonment of an appeal), and (c) either— (i) no tenancy or licence has been granted, or other agreement entered into, with the consent of the authority under section 189 or in circumstances where consent was not needed because of subsection (3) of that section, or (ii) the authority is satisfied that any tenancy, licence or agreement so granted or entered into is consistent with the contemplated exercise of its powers under section 194....section 194. (2) A “rental auction” is a process for finding persons who would be willing to take a tenancy of the premises further to a contract under section 194 and ascertaining the consideration t...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 194
The bill introduces a new provision stating that if certain conditions are met, the local authority that served the final letting notice may enter into a tenancy contract with the successful bidder in the rental auction for qualifying high-street premises.
Exemplar quote from bill: ...cedure. 15 (9) To the extent that the local authority has a choice as to procedure, the local authority must have regard to any representations made by the landlord. 194 Power to contract for tenancy ...(1) Subsection (2) applies if— (a) a final letting notice served by the authority is in force in relation to the premises, (b) the period of 42 days beginning with the day on which that notice took effect has elapsed, (c) a rental auction has been carried out in respect of qualifying high-street premises, and (d) the condition in section 193(1)(c) is still met....l met. (2) The local authority that served the notice may enter into a tenancy contract with the successful bidder in the auction (as identified in accordance with regulations under section 193). (3) ...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 200
The bill introduces a new provision allowing the local authority to require any interested person to provide information about premises situated on a designated high street or within a designated town center.
Exemplar quote from bill: ... obtain information 200 Power to require provision of information 25 (1) This section applies in relation to premises that are situated on a designated high street or within a designated town centre. ...(2) The local authority for the area in which the premises are situated may, in writing, require any interested person to give information about the premises to the authority....ty. (3) In subsection (2), “interested person” means a person who appears to the local authority to have an interest in the land in which the premises are comprised. (4) 35 For the purposes of subsect...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Arrangements for overview and scrutiny committees
The bill proposes to establish arrangements for overview and scrutiny committees within the Combined County Authorities (CCA). These committees will have the power to review and scrutinize decisions made by the CCA, make reports or recommendations on the discharge of functions, and address matters affecting the CCA's area or its inhabitants.
Exemplar quote from bill: ... and scrutiny committee 5 1 A CCA must arrange for the appointment by the CCA of one or more committees of the authority (referred to in this Schedule as overview and scrutiny committees). (1) (2) 10 ...The arrangements must ensure that the CCA’s overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)— (a) to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the CCA; (b) to make reports or recommendations to the CCA with respect to the discharge of any functions that are the responsibility of the CCA; (c) to make reports or recommendations to the CCA on matters that affect the CCA’s area or the inhabitants of the area....ea. (3) 20 If the CCA is a mayoral CCA, the arrangements must also ensure that the CCA’s overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)— (a...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Power of overview and scrutiny committees
The bill grants overview and scrutiny committees the power to review and scrutinize decisions made by the CCA that have not yet been implemented. This includes the power to direct that a decision not be implemented while under review and to recommend that the decision be reconsidered.
Exemplar quote from bill: ...ions to the mayor with respect to the discharge of any general functions; (c) to make reports or recommendations to the mayor on matters that affect the CCA’s area or the inhabitants of the area. (4) ...The power of an overview and scrutiny committee under sub-paragraph (2)(a) and (3)(a) to review or scrutinise a decision made but not implemented includes— (a) power to direct that a decision is not to be implemented while it is under review or scrutiny by the overview and scrutiny committee, and (b) power to recommend that the decision be reconsidered....ed. (5) An overview and scrutiny committee of a CCA must publish details of 35 how it proposes to exercise its powers in relation to the review and scrutiny of decisions made but not yet implemented a...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Regulations under sub-paragraph (1)
The proposed change allows for the creation of regulations that can apply or incorporate provisions from existing legislation related to parliamentary elections or local government elections. It also allows for the modification of forms and provisions related to the registration of parliamentary electors or local government electors.
Exemplar quote from bill: ...xpenses (and the creation of criminal offences in connection with the limitation of such expenses), and (d) for the combination of polls at elections for the return of mayors and other elections. (3) ...Regulations under sub-paragraph (1) may— (a) apply or incorporate (with or without modifications) any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections, (b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of mayors, and (c) so far as may be necessary in consequence of any provision made by or under this Part or any regulations under sub-paragraph (1), amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors....electors. (4) Before making regulations under sub-paragraph (1), the Secretary of State must consult the Electoral Commission. (5) 35 In addition, the power of the Secretary of State to make regulatio...
- ‼️ Political Power
(Variously affected)
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- Impact: 🔵🔵🔵 High
- Type: insertion
In addition, the power of the Secretary of State to make regulations under sub-paragraph (1) so far as relating to matters mentioned in sub-paragraph (2)(c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.
The proposed change limits the power of the Secretary of State to make regulations under sub-paragraph (1) relating to matters mentioned in sub-paragraph (2)(c) to only be exercised with a recommendation from the Electoral Commission, unless there are changes in the value of money.
Exemplar quote from bill: ...to the registration of parliamentary electors or local government electors. (4) Before making regulations under sub-paragraph (1), the Secretary of State must consult the Electoral Commission. (5) 35 ...In addition, the power of the Secretary of State to make regulations under sub-paragraph (1) so far as relating to matters mentioned in sub-paragraph (2)(c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.... (6) No return of a mayor at an election is to be questioned except by an election 40 petition under the provisions of Part 3 of the Representation of the People 286 Levelling-up and Regeneration Bill...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
The Secretary of State may by regulations provide that the mayor may exercise in the CCA area— (1) all PCC functions, (b) all PCC functions other than those specified or described in the regulations, or (c) only those PCC functions specified or described in the regulations.
The proposed change allows the Secretary of State to make regulations that determine which police and crime commissioner (PCC) functions the mayor may exercise in the combined county authority (CCA) area. The mayor may exercise all PCC functions, all functions except those specified in the regulations, or only those functions specified in the regulations.
Exemplar quote from bill: ...relation to which regulations are made under section 31(1). (4) In this Schedule “the 2011 Act” means the Police Reform and Social Responsibility Act 2011. PCC functions exercisable by the mayor 2 20 ...The Secretary of State may by regulations provide that the mayor may exercise in the CCA area— (1) all PCC functions, (b) all PCC functions other than those specified or described in the regulations, or (c) only those PCC functions specified or described in the regulations....ons. (2) But regulations under sub-paragraph (1)(b) or (c) must secure that the 25 following PCC functions are exercisable by the mayor in relation to the CCA area— (a) the functions mentioned in subs...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
The Secretary of State must by regulations make provision authorising the mayor— (a) to appoint a deputy mayor in respect of PCC functions (“deputy mayor for policing and crime”), and (b) to arrange for the deputy mayor for policing and crime to exercise any PCC functions of the mayor.
The proposed change allows the Secretary of State to make regulations that authorize the mayor to appoint a deputy mayor for policing and crime and to arrange for the deputy mayor to exercise any PCC functions of the mayor.
Exemplar quote from bill: ... that Act (appointing, suspending or removing a chief constable). Levelling-up and Regeneration Bill 287 Schedule 3—Mayors for combined county authority Areas: PCC functions Delegation of function 3 ...The Secretary of State must by regulations make provision authorising the mayor— (a) to appoint a deputy mayor in respect of PCC functions (“deputy mayor for policing and crime”), and (b) to arrange for the deputy mayor for policing and crime to exercise any PCC functions of the mayor....mayor. (2) Regulations under sub-paragraph (1) must include provision authorising 10 the mayor to arrange for any other person to exercise any PCC functions of the mayor. (3) Regulations under sub-par...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
The Secretary of State must by regulations provide for a panel to be established in relation to the CCA area with functions, in relation to the exercise by the mayor of PCC functions, corresponding to those of a police and crime panel under sections 28 and 29 of the 2011 Act.
The proposed change requires the Secretary of State to make regulations that establish a panel in the CCA area with functions corresponding to those of a police and crime panel. This panel will oversee the exercise of PCC functions by the mayor.
Exemplar quote from bill: ...ii) of any other kind specified or described in the regulations. 288 Levelling-up and Regeneration Bill Schedule 3—Mayors for combined county authority Areas: PCC functions Police and crime panels 4 ...The Secretary of State must by regulations provide for a panel to be established in relation to the CCA area with functions, in relation to the exercise by the mayor of PCC functions, corresponding to those of a police and crime panel under sections 28 and 29 of the 2011 Act....t. 5 The Secretary of State may by regulations provide for a police and crime panel to have oversight functions in relation to any general functions of (1) the mayor that are the subject of arrangemen...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
The Secretary of State must by regulations make provision— (a) requiring the mayor to maintain a fund in relation to receipts arising, and liabilities incurred, in the exercise of PCC functions; (b) about the preparation of an annual budget in relation to the exercise of such functions.
The proposed change requires the Secretary of State to make regulations that require the mayor to maintain a fund for receipts and liabilities related to the exercise of PCC functions, as well as regulations about the preparation of an annual budget for the exercise of such functions.
Exemplar quote from bill: ...rovision about the 30 payment of allowances to members of a police and crime panel established by virtue of regulations under paragraph 4 who are members of a constituent council. Financial matters 7 ...The Secretary of State must by regulations make provision— (a) requiring the mayor to maintain a fund in relation to receipts arising, and liabilities incurred, in the exercise of PCC functions; (b) about the preparation of an annual budget in relation to the exercise of such functions....ns. Suspension 8 40 The Secretary of State must by regulations provide for the panel mentioned in paragraph 4 to have power to suspend the mayor, so far as acting in Levelling-up and Regeneration Bill...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
The Secretary of State must by regulations provide for the panel mentioned in paragraph 4 to have power to suspend the mayor, so far as acting in the exercise of PCC functions, in circumstances corresponding to those mentioned in section 30(1) of the 2011 Act in relation to a police and crime commissioner.
The proposed change allows the panel mentioned in paragraph 4 to have the power to suspend the mayor, specifically when the mayor is acting in the exercise of PCC functions, in circumstances corresponding to those mentioned in section 30(1) of the 2011 Act in relation to a police and crime commissioner.
Exemplar quote from bill: ... relation to receipts arising, and liabilities incurred, in the exercise of PCC functions; (b) about the preparation of an annual budget in relation to the exercise of such functions. Suspension 8 40 ...The Secretary of State must by regulations provide for the panel mentioned in paragraph 4 to have power to suspend the mayor, so far as acting in the exercise of PCC functions, in circumstances corresponding to those mentioned in section 30(1) of the 2011 Act in relation to a police and crime commissioner....esponding to those mentioned in section 30(1) of the 2011 Act in relation to a police and crime commissioner. Conduct 9 The Secretary of State must by regulations make provision about the matters 5 me...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Authorities (Goods and Services) Act 1970
The amendment adds "any combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023" to the definition of "local authority" in the Local Authorities (Goods and Services) Act 1970.
Exemplar quote from bill: ... Levelling-up and Regeneration Act 2023,”. Local Authorities (Goods and Services) Act 1970 (c. 39) 22 In section 1(4) of the Local Authorities (Goods and Services) Act 1970 35 (provision for grants), ...in the definition of “local authority”, after “section 294 Levelling-up and Regeneration Bill Schedule 4—Combined county authorities: consequential amendments 103 of that Act,” insert “any combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023,”..... Local Government Act 1972 (c. 70) 23 The Local Government Act 1972 is amended as follows. 24 Section 70 (restriction on promotion of Bills for changing local government 5 areas, etc) is amended as f...
- ‼️ Local Government
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 1972
The amendment replaces instances of "or combined authority" with ", combined authority or combined county authority" in subsections (1) and (3) of section 70 of the Local Government Act 1972.
Exemplar quote from bill: ...nt Act 1972 (c. 70) 23 The Local Government Act 1972 is amended as follows. 24 Section 70 (restriction on promotion of Bills for changing local government 5 areas, etc) is amended as follows. (1) (2) ...In subsection (1), for “or combined authority” substitute “, combined authority or combined county authority”.... (3) 10 In subsection (3), for “or combined authority” substitute “, combined authority or combined county authority”. 25 In section 80(2)(b) (disqualification for election and holding office as membe...
- ‼️ Local Government
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 1972
The amendment adds "combined county authority" after "combined authority" in section 80(2)(b) of the Local Government Act 1972.
Exemplar quote from bill: ...ned authority” substitute “, combined authority or combined county authority”. (3) 10 In subsection (3), for “or combined authority” substitute “, combined authority or combined county authority”. 25 ...In section 80(2)(b) (disqualification for election and holding office as member of local authority), after “combined authority” insert “, combined county authority”.... 26 15 In section 85(4) (vacation of office by failure to attend meetings), for “and a combined authority” substitute “, a combined authority and a combined county authority”. 27 In section 86(2) (dec...
- ‼️ Local Government
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 1972
The amendment replaces "and a combined authority" with ", a combined authority and a combined county authority" in section 85(4) of the Local Government Act 1972.
Exemplar quote from bill: ...bined county authority”. 25 In section 80(2)(b) (disqualification for election and holding office as member of local authority), after “combined authority” insert “, combined county authority”. 26 15 ...In section 85(4) (vacation of office by failure to attend meetings), for “and a combined authority” substitute “, a combined authority and a combined county authority”.... 27 In section 86(2) (declaration of vacancy by local authority), for “and a combined authority” substitute “, a combined authority and a combined county authority”. 28 In section 92(7) (proceedings f...
- ‼️ Local Government
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 1972
The amendment replaces "and a combined authority" with ", a combined authority and a combined county authority" in section 86(2) of the Local Government Act 1972.
Exemplar quote from bill: ...ed county authority”. 26 15 In section 85(4) (vacation of office by failure to attend meetings), for “and a combined authority” substitute “, a combined authority and a combined county authority”. 27 ...In section 86(2) (declaration of vacancy by local authority), for “and a combined authority” substitute “, a combined authority and a combined county authority”.... 28 In section 92(7) (proceedings for disqualification)— 20 (a) for “and a combined authority” substitute “, a combined authority and a combined county authority”, and (b) for “or a combined authority...
- ‼️ Local Government
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 1972
The amendment replaces "and a combined authority" with ", a combined authority and a combined county authority" and "or a combined authority" with ", a combined authority or a combined county authority" in section 92(7) of the Local Government Act 1972.
Exemplar quote from bill: ...laration of vacancy by local authority), for “and a combined authority” substitute “, a combined authority and a combined county authority”. 28 In section 92(7) (proceedings for disqualification)— 20 ...(a) for “and a combined authority” substitute “, a combined authority and a combined county authority”, and... (b) for “or a combined authority” substitute “, a combined authority or a combined county authority”. 29 In section 99 (meetings and proceedings of local authorities), after “combined 25 authorities,...
- ‼️ Local Government
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 1972
The amendment adds "combined county authorities" after "combined authorities" in section 99 of the Local Government Act 1972.
Exemplar quote from bill: ...county authority”. 144 In section 177A(1) (power to require information), for “or combined authority” substitute “, combined authority or combined county authority”. 145 In section 193(1) (guidance), ...after “combined authorities,” insert “combined county authorities,”....”. 146 In section 194 (information), in each of subsections (1), (2) and (6), for “or combined authority” substitute “, combined authority or combined county authority”. 147 In section 198(1) (interpr...
- ‼️ Local Government
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 1972
The amendment adds "(bda) a combined county authority" after paragraph (bd) in subsection (1) and replaces "a combined authority" with ", a combined authority or a combined county authority" in subsection (4)(a) of section 100J of the Local Government Act 1972.
Exemplar quote from bill: ...uthorities), after “combined 25 authorities,” insert “combined county authorities,”. 30 Section 100J (application of Part 5A to to new authorities, Common Council, etc) is amended as follows. (1) (2) ...In subsection (1), after paragraph (bd) insert—“(bda) a combined county authority;”..... 30 (3) In subsection (4)(a), for “a combined authority” substitute “, a combined authority or a combined county authority”. 31 Section 101 (arrangements for discharge of functions by local authoriti...
- ‼️ Local Government
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 1972
The amendment modifies section 101 of the Local Government Act 1972 by changing the definition of "mayoral function" and adding provisions related to mayoral functions of combined county authorities.
Exemplar quote from bill: ...“a combined authority” substitute “, a combined authority or a combined county authority”. 31 Section 101 (arrangements for discharge of functions by local authorities) is amended as follows. (1) (2) ...In subsection (1E), for ““Mayoral function”” substitute “In subsection (1D) 35 “mayoral function””.... Levelling-up and Regeneration Bill 295 Schedule 4—Combined county authorities: consequential amendments (3) After subsection (1E) insert— “(1F) A combined county authority may not arrange for the di...
- ‼️ Local Government
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 1972
The amendment adds "(na) a combined county authority" after paragraph (n) in section 138C(1) of the Local Government Act 1972.
Exemplar quote from bill: ...thority, has the meaning given in section 28(2) of the of the Levelling-up and Regeneration Act 2023.” (7) 25 In subsection (13), after “a combined authority” insert “a combined county authority”. 32 ...In section 138C(1) (application of sections 138A and 138B to other authorities), after paragraph (n) insert—“(na) a combined county authority;”..... 33 30 In section 142(1B) (provision of information relating to matters affecting local government), after “a combined authority” insert “, a combined county authority”. 34 (1) Section 146A (joint au...
- ‼️ Local Government
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 1972
The amendment adds ", a combined county authority" after "a combined authority" in section 142(1B) of the Local Government Act 1972.
Exemplar quote from bill: ...ority” insert “a combined county authority”. 32 In section 138C(1) (application of sections 138A and 138B to other authorities), after paragraph (n) insert— “(na) a combined county authority;”. 33 30 ...In section 142(1B) (provision of information relating to matters affecting local government), after “a combined authority” insert “, a combined county authority”.... 34 (1) Section 146A (joint authorities etc) is amended as follows. (2) In subsection (1)— (a) in the opening words, after “(1ZE)” insert “, (1ZEA)”, and (b) after “a combined authority,” insert “a co...
- ‼️ Local Government
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 1974
The amendment adds "(1ZEA) A combined county authority is not to be treated as a local authority for the purposes of section 111 (but see section 47 of the Levelling-up and Regeneration Act 2023)" after subsection (1ZE) and modifies subsections (1) and (1ZB) of section 146A of the Local Government Act 1974.
Exemplar quote from bill: ...sequential amendments (b) the Welsh Ministers in relation to Wales; (c) the Scottish Ministers in relation to Scotland.” 3 (1) Section 135 (urban development corporations) is amended as follows. (2) ...In subsection (1), after “(1ZE)” insert “, (1ZEA)”, and... At the end insert— 5 “(7) In this section “local authority” has the same meaning as in section 134A (see subsection (10) of that section).” 4 In section 140 (consultation with local authorities), in ...
- ‼️ Local Government
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Regulations under section 88B(9)
The proposed change inserts a new provision that allows regulations under section 88B(9) to apply to combined county authorities established under the Levelling-up and Regeneration Act 2023.
Exemplar quote from bill: ...ling-up and Regeneration Act 2023,”. Local Government Act 1985 (c. 51) 75 The Local Government Act 1985 is amended as follows. 20 76 In section 72(5) (accounts and audit), after paragraph (c) insert— ...“(d) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023.”... 77 In section 73(2) (financial administration), after paragraph (b) insert— “(c) a combined county authority established under section 7(1) 25 of the Levelling-up and Regeneration Act 2023.” Transpor...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Regulations under section 111(2)
The proposed change inserts a new provision that allows regulations under section 111(2) to apply to combined county authorities established under the Levelling-up and Regeneration Act 2023.
Exemplar quote from bill: ... county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023.” 95 10 In section 111(2) (financial administration: relevant authorities), after paragraph (ib) insert— ...“(ic) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023,”.... 96 In section 143 (orders and regulations), after subsection (4B) insert— “(4C) 15 The power to make regulations under section 74 above, so far as they are made in relation to a combined county autho...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Power to make regulations under section 74
The proposed change grants the power to make regulations under section 74 in relation to combined county authorities, subject to approval by both Houses of Parliament.
Exemplar quote from bill: ...n (1)(b), for “the exercise of statutory functions” substitute “the economic, social and environmental well-being of some or all of the people who live or work”, and (b) before subsection (5) insert— ...“(4C) The power to make regulations under section 74 above, so far as they are made in relation to a combined county authority by virtue of subsection (15) of that section, are to be exercisable by statutory instrument, and no such regulations are to be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.”...overnment Act 1972 (appointment of committees), for “to which the commissioner is appointed in accordance with this section”, substitute “described in subsection (6)”. 72 Disposal of land In section 1...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Amendment to Housing Act 1988
The proposed change amends the Housing Act 1988 to include combined county authorities established under the Levelling-up and Regeneration Act 2023 as eligible recipients of land and other property transfers.
Exemplar quote from bill: ...purposes) is amended as follows. (1) (2) In subsection (3), after paragraph (fb) insert— “(fc) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023;...“(fd) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023;”....t the end of paragraph (c), and (b) at the end of paragraph (d) insert “, or (e) any function of a combined authority under Part 4 35 that is exercisable by it by virtue of regulations made under sect...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Amendment to Town and Country Planning Act 1990
The proposed change amends the Town and Country Planning Act 1990 to include combined county authorities established under the Levelling-up and Regeneration Act 2023 in the definition of "local authority" for the purpose of making orders.
Exemplar quote from bill: ...rt Act 2000 (c. 38) 124 The Transport Act 2000 is amended as follows. 125 30 In section 108(4) (local transport plans), after paragraph (ca) (but before the “or” at the end of that paragraph) insert— ...“(cb) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023,”.... 126 Section 109 (further provision about local transport plans in England) is amended as follows. (1) (2) In subsection (2A), in the opening words, for “or a combined authority” 35 substitute “, a co...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Amendment to Further and Higher Education Act 1992
The proposed change amends the Further and Higher Education Act 1992 to include combined county authorities established under the Levelling-up and Regeneration Act 2023 as eligible recipients of duty to give information.
Exemplar quote from bill: ... by section 39(8) of that Act.” (3) In subsection (10), after “(5)” insert “or (8A)”. 20 151 In section 33(1) (local authorities for the purposes of Chapter 1 of Part 2), after paragraph (jc) insert— ...“(jd) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023;”.... 152 In section 93(7) (power to charge for discretionary services: prohibitions to 25 be disregarded)— (a) in paragraph (d), for “and combined authorities” substitute “, combined authorities and combi...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Amendment to Local Government Finance Act 1992
The proposed change amends the Local Government Finance Act 1992 to include mayoral combined county authorities, as defined by the Levelling-up and Regeneration Act 2023, as major precepting authorities.
Exemplar quote from bill: ... and Regeneration Act 2023;”. Protection from Eviction Act 1977 (c. 43) 61 25 In section 3A(8) of the Protection from Eviction Act 1977 (excluded tenancies and licences), after paragraph (ab) insert— ...“(ac) a mayoral CCA, as defined by section 25(8) of the Levelling-up and Regeneration Act 2023 (mayoral combined county authorities);”....nning and Land Act 1980 (c. 65) 62 The Local Government, Planning and Land Act 1980 is amended as follows. 63 In section 2(1) (duty of authorities to publish information), after paragraph 30 (kac) ins...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Amendment to Crime and Disorder Act 1998
The proposed change amends the Crime and Disorder Act 1998 to include combined county authorities established under the Levelling-up and Regeneration Act 2023 in the duty to consider crime and disorder implications.
Exemplar quote from bill: ...ling-up and Regeneration Act 2023,”. Local Government Act 1985 (c. 51) 75 The Local Government Act 1985 is amended as follows. 20 76 In section 72(5) (accounts and audit), after paragraph (c) insert— ...“(d) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023;”....77 In section 73(2) (financial administration), after paragraph (b) insert— “(c) a combined county authority established under section 7(1) 25 of the Levelling-up and Regeneration Act 2023.” Transport...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Amendment to Local Government Act 1999
The proposed change amends the Local Government Act 1999 to include combined county authorities established under the Levelling-up and Regeneration Act 2023 as best value authorities.
Exemplar quote from bill: ... 7(1) of the Levelling-up and Regeneration Act 2023;”. Local Government Act 1999 (c. 27) 121 10 In section 1(1) of the Local Government Act 1999 (best value authorities), after paragraph (hc) insert— ...“(hd) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023;”.... Greater London Authority Act 1999 (c. 29) 122 15 In section 211(1) of the Greater London Authority Act 1999 (public sector operators)— (a) after paragraph (ca) insert— “(cb) any combined county autho...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Amendment to Greater London Authority Act 1999
The proposed change amends the Greater London Authority Act 1999 to include combined county authorities established under the Levelling-up and Regeneration Act 2023 as public sector operators.
Exemplar quote from bill: ...ration Act 2023;”. Railways Act 1993 (c. 43) 114 The Railways Act 1993 is amended as follows. 115 In section 25(1) (public sector operators not to be franchisees)— 25 (a) after paragraph (ca) insert— ...“(cb) any combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023;”;... (b) in paragraph (d), for “or a combined authority” substitute “, a 30 combined authority or a combined county authority”. 116 In section 149(5) (service of documents), in the definition of “local au...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Amendment to Transport Act 2000
The proposed change amends the Transport Act 2000 to include combined county authorities established under the Levelling-up and Regeneration Act 2023 in the definition of "local authority" for the purpose of local transport plans.
Exemplar quote from bill: ...rt Act 2000 (c. 38) 124 The Transport Act 2000 is amended as follows. 125 30 In section 108(4) (local transport plans), after paragraph (ca) (but before the “or” at the end of that paragraph) insert— ...“(cb) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023,”.... 126 Section 109 (further provision about local transport plans in England) is amended as follows. (1) (2) In subsection (2A), in the opening words, for “or a combined authority” 35 substitute “, a co...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 35(2) (mutual insurance: supplementary)
A new provision is being added to Section 35(2) to include a combined county authority established under the Levelling-up and Regeneration Act 2023.
Exemplar quote from bill: ...n Act 2009 (c. 20) 5 186 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows. 187 In section 35(2) (mutual insurance: supplementary), after paragraph (r) insert— ...“(s) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023.”...3.” 188 In section 88(5) (areas of economic prosperity boards)— (a) omit the “or” at the end of paragraph (a), and (b) at the end of paragraph (b) insert “, or (c) the area of a combined county author...
- ‼️ Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 88(5) (areas of economic prosperity boards)
An amendment is being made to Section 88(5) to include the area of a combined county authority as an area of economic prosperity boards.
Exemplar quote from bill: ...he Levelling-up and Regeneration Act 2023.” 188 In section 88(5) (areas of economic prosperity boards)— (a) omit the “or” at the end of paragraph (a), and (b) at the end of paragraph (b) insert “, or ...(c) the area of a combined county authority.”... 15 189 In section 103(5) (areas of combined authorities) at the end of paragraph (a) insert— “(aa) the area of a combined county authority,”. 190 20 Section 106 (changes to boundaries of a combined a...
- ‼️ Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 103(5) (areas of combined authorities)
An amendment is being made to Section 103(5) to include the area of a combined county authority as an area of combined authorities.
Exemplar quote from bill: ...llows. 15 (2) In subsection (5), after paragraph (a) insert— “(aa) a combined county authority;”. (3) In subsection (6), after paragraph (a) (but before the “or” at the end of that paragraph) insert— ...“(aa) the area of a combined county authority,”.... 20 181 In section 102F(7) (requirements in connection with regulations under section 102E), after paragraph (a) insert— “(aa) a combined county authority;”. 182 In section 102G(10) (constitution of S...
- ‼️ Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 106 (changes to boundaries of a combined authority’s area)
An amendment is being made to Section 106 to include the area of a combined county authority as an area affected by changes to the boundaries of a combined authority's area.
Exemplar quote from bill: ...ned county authority”. (3) In subsection (7)— (a) the words from “the integrated transport area” to the end of the subsection become paragraph (a), and (b) at the end of that paragraph insert “, or 25...“(b) the area of a combined county authority by virtue of regulations under section 7(1) or 23(1) of the Levelling-up and Regeneration Act 2023.”... 191 30 Section 107 (dissolution of a combined authority’s area) is amended as follows. (1) (2) In subsection (6), after “an ITA” insert “or a combined county authority”. (3) In subsection (7)— (a) th...
- ‼️ Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 107 (dissolution of a combined authority’s area)
An amendment is being made to Section 107 to include the area or part of the area of a combined county authority as an area affected by the dissolution of a combined authority's area.
Exemplar quote from bill: ...ction become paragraph (a), (b) in that paragraph, for “that Act” substitute “the Local Democracy, Economic Development and Construction Act 2009”, and (c) at the end of that paragraph insert “, or 35...“(b) the area or part of the area of a combined county authority by virtue of regulations under section 7(1) or 23(1) of the Levelling-up and Regeneration Act 2023.”... 179 Section 102A (application of Chapter to combined authorities) is amended 40 as follows. (1) 320 Levelling-up and Regeneration Bill Schedule 4—Combined county authorities: consequential amendments...
- ‼️ Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 118(5) (guidance)
A new provision is being added to Section 118(5) to include guidance for combined county authorities.
Exemplar quote from bill: ...) (procedure for byelaws), for “or a combined authority” substitute “, a combined authority or a combined county authority”. 48 In section 236B(1) (revocation of byelaws), after paragraph (e) insert— ...“(f) a combined county authority.”... 49 In section 238 (evidence of byelaws), for “or a combined authority” 35 substitute “, a combined authority or a combined county authority”. 50 In section 239(4A) (power to promote or oppose bills),...
- ‼️ Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 120 (interpretation of Part 6)
A new provision is being added to Section 120 to define the term "combined county authority" as an authority established under the Levelling-up and Regeneration Act 2023.
Exemplar quote from bill: ...ea; (d) an ITA the whole or any part of whose area is within the proposed area; (e) 30 a combined county authority the whole or any part of whose area is within the proposed area. (3) In this section—...““combined county authority” means a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023;”....the proposed area” means the area for which the combined 35 authority is proposed to be established. (4) Before submitting a proposal under this section to the Secretary of State, the authority or aut...
- ‼️ Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Apprenticeships, Skills, Children and Learning Act 2009
A new provision is being added to the Apprenticeships, Skills, Children and Learning Act 2009 to allow the Secretary of State to provide financial resources to persons in respect of functions under the Act that are exercisable by a combined county authority.
Exemplar quote from bill: ...(b) prohibit execution of the works (or so much of them as is specified in the notice), (c) set out the authority’s reasons for issuing the notice, and (d) include a statement of the effect of section...“(1AB) The Secretary of State may secure the provision of financial resources under this subsection (whether or not the resources could be secured under subsection (1)) to any of the persons mentioned in subsection (1) in respect of functions under this Part that are exercisable by a combined county authority by virtue of regulations made under section 17(1) of the Levelling-up and Regeneration Act 2023.”...es effect when the copy of it is first displayed in accordance with subsection (5). (7) A temporary stop notice ceases to have effect— 15 (a) at the end of the period of 56 days beginning with the day...
- ‼️ Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 122 (sharing of information for education and training purposes)
New provisions are being added to Section 122 to include combined county authorities and persons providing services to combined county authorities in the sharing of information for education and training purposes.
Exemplar quote from bill: ...evelling-up and Regeneration Act 2023;”. 196 25 Section 122 (sharing of information for education and training purposes) is amended as follows. (1) (2) In subsection (3), after paragraph (fb) insert— ...“(fc) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023; (fd) a person providing services to a combined county authority;”.... (3) In subsection (5)— 30 (a) omit the “or” at the end of paragraph (c), and (b) at the end of paragraph (d) insert “, or (e) any function of a combined authority under Part 4 35 that is exercisable ...
- ‼️ Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Local Audit and Accountability Act 2014
A new provision is being added to the Local Audit and Accountability Act 2014 to include combined county authorities in the access to local government meetings and documents.
Exemplar quote from bill: ...ntability Act 2014 (c. 2) 197 The Local Audit and Accountability Act 2014 is amended as follows. 198 In section 40(6) (access to local government meetings and documents), after paragraph (ja) insert— ...“(jb) a combined county authority,”.... 5 199 In section 44(1) (interpretation of Act), at the appropriate place insert— ““combined county authority” means a combined county authority established under section 7(1) of the Levelling-up and ...
- ‼️ Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 44(1) (interpretation of Act)
A new provision is being added to Section 44(1) to define the term "combined county authority" as an authority established under the Levelling-up and Regeneration Act 2023.
Exemplar quote from bill: ...ea; (d) an ITA the whole or any part of whose area is within the proposed area; (e) 30 a combined county authority the whole or any part of whose area is within the proposed area. (3) In this section—...““combined county authority” means a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023;”....the proposed area” means the area for which the combined 35 authority is proposed to be established. (4) Before submitting a proposal under this section to the Secretary of State, the authority or aut...
- ‼️ Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 15AH
Section 15AH is being inserted, which allows participating authorities to withdraw from a joint spatial development strategy.
Exemplar quote from bill: ...n under subsection (8), the fact 30 that the strategy was published for consultation is to be disregarded for the purposes of subsections (2) and (3). 15AH Withdrawal after strategy becomes operative ...(1) This section applies if a joint spatial development strategy is operative.... (2) A participating authority may withdraw from the strategy if— (a) the period of five years beginning with the day on which 35 the strategy became operative has elapsed, and (b) the authority have ...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Schedule 7—Plan making
Changes are being made to Schedule 7—Plan making, allowing participating authorities to withdraw from a joint spatial development strategy and giving the Secretary of State the power to direct the withdrawal of the strategy if deemed unsatisfactory.
Exemplar quote from bill: ...of their intention to do so. (3) 40 A withdrawal under subsection (2) is effected by notice given to each other participating authority. Levelling-up and Regeneration Bill 341 Schedule 7—Plan making ...(4) The participating authorities may withdraw the strategy at any time.... (5) If the withdrawal of a participating authority under subsection (2) means that there are no longer two or more participating authorities, 5 the joint spatial development strategy is to be treated...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 15AI
Section 15AI is being inserted, which outlines the effect of the creation of a combined authority in a joint strategy area and the withdrawal of participating authorities from the preparation agreement.
Exemplar quote from bill: ...gy ceases to be operative in relation to the area of that authority (irrespective of whether it is altered under section 15AF). 15AI Effect of creation of combined authority in joint strategy area 15 ...(1) This section applies if an order is made under section 103 of the Local Democracy, Economic Development and Construction Act 2009 establishing a combined authority the area of which includes, or is the same as, the area of a participating authority.... (2) Subsection (3) or (4) applies if the order is made before the proposed 20 joint spatial development strategy is published for consultation (see section 15AG(12)). (3) If the areas of at least two...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 30
The proposed change requires that the policies in any local plan or supplementary plan adopted by a joint committee must be considered as the policies of each constituent authority that is a local planning authority.
Exemplar quote from bill: ...n 15C(2) that only one local plan may have effect in relation to the area of a local planning authority (including one constituted by virtue of regulations under this section) at any one time. (9) 30 ...The policies contained in any local plan or supplementary plan adopted by the joint committee in the exercise of its functions under this Part must be taken for the purposes of the planning Acts to be the policies of each of the constituent authorities which are a local planning authority.... (10) Subsection (11) applies to any function— (a) which is conferred on a local planning authority (within the 35 meaning of the principal Act) under or by virtue of the planning Acts, and (b) which ...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 15JA
The proposed change allows the constituent authorities of a joint committee to agree that the joint committee can act as the local planning authority for an area or purpose that is not covered by regulations or an earlier agreement.
Exemplar quote from bill: ...hat function, 370 Levelling-up and Regeneration Bill Schedule 7—Plan making as including references to the timetable or plan of the joint committee. 15JA Joint committees: additional functions (1) 5 ...This section applies if the constituent authorities of a joint committee agree that the joint committee is to be, for the purposes of this Part, the local planning authority for any area or purpose which is not the subject of— (a) regulations under section 15J, or (b) an earlier agreement under this section.... (2) Each of the constituent authorities and the joint committee must 10 revise their local plan timetable in accordance with the agreement. (3) With effect from the date when the last such revision t...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 15JB
The proposed change allows a constituent authority to request the Secretary of State to revoke regulations that establish a joint committee as the local planning authority for an area or purpose, and the Secretary of State has the power to revoke those regulations.
Exemplar quote from bill: ...vision takes effect the joint committee is, for the purposes of this Part, the local 15 planning authority for the area or purpose mentioned in subsection (1). 15JB Dissolution of joint committee (1) ...This section applies if a constituent authority requests the Secretary of State to revoke regulations constituting a joint committee as the local planning authority for any area or in respect of any purpose. (2) The Secretary of State may revoke the regulations.... 20 (3) If the Secretary of State does so, any step taken by the joint committee in relation to a local plan timetable, local plan or supplementary plan must be treated for the purposes of any 25 corr...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 15K
The proposed change allows qualifying bodies to create "neighbourhood priorities statements" that summarize the principal needs and prevailing views of the community in a neighborhood area regarding local matters.
Exemplar quote from bill: ...ation. (7) The Secretary of State may by regulations make provision as to what is a corresponding timetable or plan. Neighbourhood priorities statements 10 15K Neighbourhood priorities statements (1) ...Any qualifying body may make a statement, to be known as a “neighbourhood priorities statement”, which summarises what the body considers to be the principal needs and prevailing views, of the community in the neighbourhood area in relation to local matters....ody is authorised, in respect of local matters. (2) “Local matters” are such matters as the Secretary of State may prescribe, relating to— (a) 20 development, or the management or use of land, in or a...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 15L
The proposed change allows the Secretary of State or a local planning authority to disregard any representation or objection related to orders or schemes under specified sections of the Highways Act 1980 or the New Towns Act 1981.
Exemplar quote from bill: ...act in relation to a neighbourhood area as a result of section 61F of the principal Act (whether or not as applied by section 38C of this Act). General 30 15L Exclusion of certain representations (1) ...This section applies to any representation or objection in respect of anything which is done or is proposed to be done in pursuance of— (a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980; (b) an order under section 1 of the New Towns Act 1981....81. (2) If the Secretary of State or a local planning authority thinks that a 40 representation made in relation to a local plan or supplementary plan is in substance a representation or objection to ...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 15LA
The proposed change grants the Secretary of State the power to exempt the area of an urban development corporation or a development corporation established under the New Towns Act 1981 from the provisions of this Part or specific regulations made under section 14A.
Exemplar quote from bill: ...nd Regeneration Bill Schedule 7—Plan making section applies the Secretary of State or (as the case may be) the authority may disregard it. 15LA Development corporations: power to disapply provisions ...The Secretary of State may direct that the provisions of— (a) this Part, or (b) any particular regulations made under section 14A, do not apply to the area of an urban development corporation or a development corporation established under the New Towns Act 1981....1. 15LB Guidance 10 (1) In the exercise of any function conferred by or under this Part a relevant plan-making authority must have regard to any guidance issued by the Secretary of State. (2) 15 The S...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 15LB
The proposed change requires relevant plan-making authorities to consider any guidance issued by the Secretary of State when exercising their functions under this Part.
Exemplar quote from bill: ...particular regulations made under section 14A, do not apply to the area of an urban development corporation or a development corporation established under the New Towns Act 1981. 15LB Guidance 10 (1) ...In the exercise of any function conferred by or under this Part a relevant plan-making authority must have regard to any guidance issued by the Secretary of State.... (2) 15 The Secretary of State must issue guidance for local planning authorities on how their local plan and any supplementary plans (taken as a whole) should address housing needs that result from o...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 15LC
The proposed change allows the Secretary of State to require local planning authorities to make certain information available to the public.
Exemplar quote from bill: ...cal planning authorities on how their local plan and any supplementary plans (taken as a whole) should address housing needs that result from old age or disability. 15LC Monitoring information (1) 20 ...The Secretary of State may prescribe information within subsection (3) which each local planning authority must make available to the public.... (2) The Secretary of State may prescribe information within subsection (3) which each local planning authority must provide to the Secretary of State. (3) Information is within this subsection if it ...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 15LD
The proposed change requires each local planning authority to prepare and maintain a "policies map" that illustrates the geographical application of the development plan for their area.
Exemplar quote from bill: ...ea. (4) The information must be in such form, and made available or provided in such manner, as may be prescribed. Levelling-up and Regeneration Bill 375 Schedule 7—Plan making 15LD Policies map (1) ...Each local planning authority must ensure that a map, to be known as a “policies map”, is prepared, and kept up to date, which illustrates the geographical application of the development plan for the authority’s area....a. (2) The map prepared and kept up to date under subsection (1)— (a) must be in such form, and have such content, as may be prescribed, (b) 10 must be revised at such times, or in such circumstances,...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 15LE
The proposed change grants the Secretary of State the power to make regulations regarding the exercise of functions conferred by or under this Part.
Exemplar quote from bill: ..., and have such content, as may be prescribed, (b) 10 must be revised at such times, or in such circumstances, as may be prescribed, and (c) must be made available to the public. 15LE Regulations (1) ...The Secretary of State may by regulations make provision in connection with the exercise by any person of a function conferred by or under this Part....rt. (2) The regulations may, in particular, include provision as to— (a) the form and content of a joint spatial development strategy; (b) the documents (if any) which must accompany a joint spatial d...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 15LF
The proposed change defines the local planning authorities for different areas, including district councils, London borough councils, metropolitan district councils, county councils, National Park authorities, and the Broads Authority.
Exemplar quote from bill: ..., in relation to a minerals and waste planning authority, means the area for which the authority are the minerals and waste planning authority in accordance with this section. 15LH Interpretation (1) ...This section has effect for the purposes of this Part. (2) Each of the following is a local planning authority for their area— (a) a district council; (b) a London borough council; (c) a metropolitan district council; (d) a county council in relation to any area in England for which there is no district council. (3) A National Park authority is the local planning authority for the whole of its area, in place of any authority who would otherwise be a local planning authority for any part of that area under subsection (2). (4) The Broads Authority is the local planning authority for the Broads, in place of any authority who would otherwise be a local planning authority for any part of the Broads under subsection (2)....rategy” means a strategy adopted by local planning authorities under section 15AD or, as the context requires, a strategy in preparation further to an agreement under section 15A(1); “joint supplement...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 15LG
The proposed change defines the minerals and waste planning authorities for different areas, including county councils, London borough councils, metropolitan district councils, district councils, and National Park authorities.
Exemplar quote from bill: ...) to a local planning authority’s area are to the area for which they are the local planning authority in accordance with this Part. 15LG Meaning of “minerals and waste planning authority” etc 35 (1) ...This section has effect for the purposes of this Part. (2) Subject to subsection (3)— (a) a county council in England is the minerals and waste planning authority for their area, (b) a London borough council is the minerals and waste planning authority for their area, (c) a metropolitan district council is the minerals and waste planning authority for their area, and (d) a district council is the minerals and waste planning authority for any part of their area for which there is no county council. (3) A National Park authority is the minerals and waste planning authority for the whole of its area, in place of any authority who would otherwise be a minerals and waste planning authority for any part of that area under subsection (2)....e planning authority for any part of that area under subsection (2). (4) Where a relevant order provides that a development corporation is to be the minerals and waste planning authority for an area f...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 15LH
The proposed change defines the relevant plan-making authorities for the purposes of this Part, including the Mayor of London, local planning authorities, and minerals and waste planning authorities.
Exemplar quote from bill: ..., in relation to a minerals and waste planning authority, means the area for which the authority are the minerals and waste planning authority in accordance with this section. 15LH Interpretation (1) ...This section has effect for the purposes of this Part. (2) Each of the following is a relevant plan-making authority— (a) the Mayor of London; (b) a local planning authority; (c) a minerals and waste planning authority....hedule 7—Plan making (c) a minerals and waste planning authority. (3) In this Part (unless a contrary intention appears)— “constituent authority”, in relation to a joint committee, must be construed ...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 204C Joint committees
The proposed change establishes the application of joint committees that include a charging authority. The joint committee will exercise specified functions on behalf of the charging authority, and the regulations will correspond to provisions in the Local Government Act 1972.
Exemplar quote from bill: ...y make transitional provision in connection with, or in anticipation of, any person or body— (a) becoming a charging authority, or (b) ceasing to be a charging authority. 204C Joint committees (1) 20 ...This section applies if a joint committee that includes a charging authority is established under section 15J of PCPA 2004.... (2) IL regulations may provide that the joint committee is to exercise specified functions, in respect of the area specified in the agreement under section 15J(1) of PCPA 2004, on behalf of the charg...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Part 1—Infrastructure Levy: England
The proposed change requires IL regulations to make provision for liability for the Infrastructure Levy (IL) for owners, developers, or other specified persons in cases where nobody assumes liability or other specified circumstances arise. The regulations may also make provision for joint liability, liability of partnerships, assumption of partial liability, apportionment of liability, withdrawal of assumption of liability, cancellation of assumption of liability by a charging authority, transfer of liability, and exemption from or reduction in liability.
Exemplar quote from bill: ...opment becomes liable when development is commenced in reliance on planning permission. Levelling-up and Regeneration Bill 407 Schedule 12—Infrastructure Levy Part 1—Infrastructure Levy: England (4) ...IL regulations must make provision for an owner or developer of land or another specified person to be liable for IL where development is commenced in reliance on planning permission if— (a) nobody assumes liability in accordance with the regulations, or (b) other specified circumstances arise (such as the insolvency or withdrawal of a person who has assumed liability)....). (5) IL regulations may make provision about— (a) joint liability (with or without several liability); (b) liability of partnerships; 10 (c) assumption of partial liability (and subsection (4)(a) ap...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 204F Charities
The proposed change requires IL regulations to provide for an exemption from liability for the Infrastructure Levy (IL) for relevant charities in England and Wales, where the building or structure is used wholly or mainly for a charitable purpose. The regulations may also provide for an exemption or reduction in liability for institutions established for a charitable purpose.
Exemplar quote from bill: ...nsible for carrying out a development. (8) IL regulations may make provision for a person to be or not to be treated as an owner or developer of land in specified circumstances. 204F Charities (1) 35 ...IL regulations must provide for an exemption from liability to pay IL in respect of a development where— (a) the person who would otherwise be liable to pay IL in respect of the development is a relevant charity in England and Wales, and (b) the building or structure in respect of which IL liability would otherwise arise is to be used wholly or mainly for a charitable purpose of the charity within the meaning of section 2 of the Charities Act 2011....ure Levy: England charitable purpose of the charity within the meaning of section 2 of the Charities Act 2011. (2) IL regulations may— (a) 5 provide for an exemption from liability to pay IL where th...
- ‼️ Social Welfare
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 204G Amount
The proposed change requires a charging authority to issue a charging schedule that sets rates or other criteria for determining the amount of the Infrastructure Levy (IL) chargeable in respect of development in its area. The charging authority must have regard to the desirability of maintaining the level of affordable housing and funding provided by developers. The authority must also consider matters specified in IL regulations relating to the economic viability of development, the economic effects of development, the amount of IL provided in connection with development, and its infrastructure delivery strategy.
Exemplar quote from bill: ...) of the Charities Act 2011; but IL regulations may provide for an institution of a specified kind to be, or not to be, treated as an institution established for a charitable purpose. 204G Amount (1) ...A charging authority must, in accordance with IL regulations, issue a document (a “charging schedule”) setting rates, or other criteria, by reference to which the amount of IL chargeable in respect of development in its area is to be determined....ed. (2) A charging authority, in setting rates or other criteria, must have regard, to the extent and in the manner specified by IL regulations, to the desirability of ensuring that— (a) the level of ...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 204N(1)
The proposed amendment requires the authority that charges Infrastructure Levy (IL) to apply it towards supporting the development of an area by funding infrastructure.
Exemplar quote from bill: ...tion (3), and (g) liability for costs incurred as a result of the appointment of the person. 204N Application (1) Subject to this section and sections 204O(1) to (3), 204P(2) and (3), 10 and 204T(5), ...IL regulations must require the authority that charges IL to apply it, or cause it to be applied, to supporting the development of an area by funding the provision, improvement, replacement, operation or maintenance of infrastructure.... (2) IL regulations may make provision about the extent to which the 15 IL paid to a charging authority may or must be applied to funding the provision, improvement, replacement, operation or maintena...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Infrastructure
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 204N(3)
The proposed amendment expands the definition of "infrastructure" to include various categories such as roads, schools, medical facilities, affordable housing, and facilities for emergency services, among others.
Exemplar quote from bill: ... which the 15 IL paid to a charging authority may or must be applied to funding the provision, improvement, replacement, operation or maintenance of infrastructure of a particular description. (3) 20 ...In this section (except subsection (4)) and sections 204G, 204O(2), 204P(2) and 204Q “infrastructure” includes— (a) roads and other transport facilities, (b) flood defences, (c) schools and other educational facilities, (d) medical facilities, (e) sporting and recreational facilities, (f) open spaces, (g) affordable housing, (h) facilities and equipment for emergency and rescue services, (i) facilities and spaces which— (i) preserve or improve the natural environment, or (ii) enable or facilitate enjoyment of the natural environment, and (j) facilities and spaces for the mitigation of, and adaption to, climate change....hange. (4) The regulations may amend this section so as to— 35 (a) add, remove or vary an entry in the list of matters included within the meaning of “infrastructure”; (b) list matters excluded from t...
- ‼️ Infrastructure
(Variously affected)
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 204O(2)
The proposed amendment requires IL regulations to ensure that money passed to a person in discharge of a duty under subsection (1) is used to support the development of the area by funding infrastructure or anything else that addresses the demands that development places on the area.
Exemplar quote from bill: ...ersons (1) IL regulations may require that IL received in respect of 20 development in an area is to be passed by the charging authority that charged the IL to a person other than that authority. (2) ...IL regulations must contain provision to secure that money passed to a person in discharge of a duty under subsection (1) is used to support the development of the area to which the duty relates, or of any part of that area, by funding the provision, improvement, replacement, operation or maintenance of infrastructure, or anything else that is concerned with addressing demands that development places on an area....ces on an area. (3) The regulations may make provision about circumstances in which a specified amount of the money may be used for specified purposes which are not mentioned in subsection (2). (4) A ...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Infrastructure
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 204P(1)
The proposed amendment allows IL regulations to provide that the charging authority that charges IL received in respect of development in the uncovered area may apply the IL to support development by funding infrastructure or support development of the uncovered area by funding anything else that addresses the demands that development places on the area.
Exemplar quote from bill: ...ction (2) applies where— (a) 30 there is an area to which a particular duty under section 204O(1) relates, and (b) there is also an area to which that duty does not relate (“the uncovered area”). (2) ...IL regulations may provide that the charging authority that charges IL received in respect of development in the uncovered area may apply the IL, or cause it to be applied, to support development by funding the provision, improvement, replacement, operation or maintenance of infrastructure, or support development of the uncovered area, or of any part of that area, by funding anything else that is concerned with addressing demands that development places on an area....ces on an area. 420 Levelling-up and Regeneration Bill Schedule 12—Infrastructure Levy Part 1—Infrastructure Levy: England (3) The regulations may make provision about circumstances in which the auth...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Infrastructure
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
IL regulations
The IL regulations may include provisions about the procedure for exemptions or reductions of IL, including determining conditions, notification requirements, record-keeping, and provisions in charging schedules.
Exemplar quote from bill: ...ures 10 for another purpose of a charging authority (including a purpose of that authority in another capacity); (t) procedures to be followed in connection with actual or potential liability for IL. ...(3) IL regulations may make provision about the procedure to be followed in respect of an exemption from IL or a reduction of IL;...IL; in particular, the regulations may include provision— (a) about the procedure for determining whether any conditions are satisfied; (b) requiring a charging authority or other person to notify spe...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
IL regulations
The IL regulations may include provisions about appeals in connection with IL, including who may make an appeal, the grounds for appeal, the authority to determine the appeal, the time period for exercising the right of appeal, the appeal procedure, and the payment of fees and costs.
Exemplar quote from bill: ... something includes a power to make provision about making it available for inspection. (6) Sections 229 to 231 do not apply to this Part (but IL regulations may make similar provision). 204V Appeals ...(1) IL regulations may make provision about appeals in connection with IL....IL. (2) Regulations under this section may, in particular, make provision about— (a) who may make an appeal, (b) the grounds upon which an appeal may be made, 40 Levelling-up and Regeneration Bill 427...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Secretary of State: power to permit alteration of IL rates and thresholds
The Secretary of State may publish a notice allowing a charging authority to amend its charging schedule to reduce rates of IL or increase thresholds below which IL is charged at a nil or reduced rate, cancel or delay increases in rates or decreases in thresholds, or cancel or delay the issuance, revision, or replacement of the charging schedule. These changes may be made if the economic viability of development in the charging authority's area is significantly impaired or at risk of becoming significantly impaired due to IL.
Exemplar quote from bill: ...er appointed under this Part) about any matter connected with IL; and the authority must have regard to the guidance. 204X 20 Secretary of State: power to permit alteration of IL rates and thresholds ...(1) Subsections (2) to (4) apply in relation to a charging authority— (a) if the Secretary of State considers that— (i) the economic viability of development, or development of a particular description, in the charging authority’s area is significantly impaired, or (ii) there is a substantial risk that it will become significantly impaired, as a result of the IL which is or will be chargeable in respect of development in that area, or (b) in any other circumstances that IL regulations may specify....ecify. (2) The Secretary of State may publish a notice which permits the charging authority, during a period specified in the notice, to— (a) 35 amend its charging schedule so as to reduce rates of IL...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Secretary of State: power to require review of charging schedules
The Secretary of State may direct a charging authority to review its charging schedule if the economic viability of development in the authority's area is significantly impaired or at risk of becoming significantly impaired due to IL, if a significant period of time has passed since the schedule was issued, reviewed, revised, or replaced, or in other circumstances specified by IL regulations.
Exemplar quote from bill: ...sitional, transitory or saving provision in connection with, or in anticipation of, permission being given under subsection (2). 204Y Secretary of State: power to require review of charging schedules ...(1) The Secretary of State may direct a charging authority to review its charging schedule— (a) if the Secretary of State considers that— (i) the economic viability of development, or development of a particular description, in the charging authority’s area is significantly impaired, or (ii) there is a substantial risk that it will become significantly impaired, as a result of the IL which is or will be chargeable in respect of development in that area, (b) if the Secretary of State considers that a significant period of time has elapsed since the later of the time that— (i) the schedule was issued, (ii) the schedule was last reviewed, (iii) the schedule was last revised, and (iv) the schedule was last replaced, or (c) in any other circumstances that IL regulations may specify....revised, and (iv) the schedule was last replaced, or 15 (c) in any other circumstances that IL regulations may specify. (2) If a charging authority is directed to review its charging schedule under su...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Assumptions about nutrient pollution standards
Regulations 85A and 85B establish assumptions to be made about nutrient pollution standards in relevant assessments and decisions made by competent authorities and local planning authorities, respectively. These assumptions apply to plants in England that deal with waste water and are categorized as nitrogen significant or phosphorus significant. Regulation 85C allows the Secretary of State to direct that these assumptions do not apply to a specific plant and standard if it is determined that the plant will not be able to meet the standard by the upgrade date.
Exemplar quote from bill: ... (enterprise zones), after paragraph (6) insert— “(7) See regulation 85A for the assumptions about nutrient pollution 5 standards to be made in certain circumstances.” 11 After regulation 85 insert— “...85A Assumptions to be made about nutrient pollution standards: general (1) Paragraph (2) applies where— (a) a competent authority makes a relevant decision, (b) the potential development includes development in England, (c) the competent authority is required to make a relevant assessment before the decision is made, (d) waste water from any potential development would be dealt with by a plant in England that, at the time of the decision, is— (i) a nitrogen significant plant, or (ii) a phosphorus significant plant, and (e) the decision is made before the upgrade date. (2) In making the relevant assessment, the competent authority must assume— (a) in a case within paragraph (1)(d)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date; (b) in a case within paragraph (1)(d)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date....pgrade date. (3) Paragraph (2)— (a) 30 is subject to regulation 85C (direction that assumptions are not to apply), and (b) does not prevent the competent authority, in making a relevant assessment, fr...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Amendments of the Conservation of Habitats and Species Regulations 2017: assumptions about nutrient pollution standards
Schedule 13 introduces amendments to the Conservation of Habitats and Species Regulations 2017 regarding assumptions about nutrient pollution standards in the assessment of plans and projects related to planning. It establishes regulations 85A, 85B, and 85C, which outline the assumptions to be made about nutrient pollution standards in relevant assessments and decisions made by competent authorities and local planning authorities. Regulation 85C allows the Secretary of State to direct that these assumptions do not apply to a specific plant and standard if it is determined that the plant will not be able to meet the standard by the upgrade date.
Exemplar quote from bill: ...erpretation). 7 In section 232(1)(d) (orders and regulations), after “Part” insert “10A or”. 25 Levelling-up and Regeneration Bill 433 Schedule 12—Infrastructure Levy Part 2—Consequential amendments ...SCHEDULE 13 Section 159 AMENDMENTS OF THE CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2017: ASSUMPTIONS ABOUT NUTRIENT POLLUTION STANDARDS... PART 1 INTRODUCTORY 5 1 Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (assessment of plans and projects) is amended as set out in this Schedule. PART 2 PLANNING...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Amendments of the Conservation of Habitats and Species Regulations 2017: assumptions about nutrient pollution standards
Schedule 13 introduces amendments to the Conservation of Habitats and Species Regulations 2017 regarding assumptions about nutrient pollution standards in the assessment of plans and projects related to planning. It establishes regulations 85A, 85B, and 85C, which outline the assumptions to be made about nutrient pollution standards in relevant assessments and decisions made by competent authorities and local planning authorities. Regulation 85C allows the Secretary of State to direct that these assumptions do not apply to a specific plant and standard if it is determined that the plant will not be able to meet the standard by the upgrade date.
Exemplar quote from bill: ...erpretation). 7 In section 232(1)(d) (orders and regulations), after “Part” insert “10A or”. 25 Levelling-up and Regeneration Bill 433 Schedule 12—Infrastructure Levy Part 2—Consequential amendments ...SCHEDULE 13 Section 159 AMENDMENTS OF THE CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2017: ASSUMPTIONS ABOUT NUTRIENT POLLUTION STANDARDS... PART 1 INTRODUCTORY 5 1 Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (assessment of plans and projects) is amended as set out in this Schedule. PART 2 PLANNING...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Regulation 110A
Regulation 110A is being inserted, which outlines the assumptions that must be made by plan-making authorities when assessing the implications of a land use plan in relation to nutrient pollution standards.
Exemplar quote from bill: ...ulation 110 (national policy statements), in paragraph (3)(a), for “and 108” substitute “, 108 and 110A”. 16 After regulation 110 insert— 15 “110A Assessments under this Chapter: required assumptions ...(1) This regulation applies where— (a) a plan-making authority makes a relevant decision in relation to a land use plan relating to an area in England, (b) the authority is required to make a relevant assessment 20 before the decision is made, (c) waste water from the area to which the plan relates could be dealt with by a plant in England that, at the time of the decision, is— (i) a nitrogen significant plant, or 25 (ii) a phosphorus significant plant, and (d) the decision is made before the upgrade date. (2) In making the relevant assessment, the authority must assume— (a) 30 in a case within paragraph (1)(c)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date; (b) in a case within paragraph (1)(c)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date.... (3) Paragraph (2)— 35 (a) is subject to regulation 110B (direction that assumptions are not to apply), and Levelling-up and Regeneration Bill 439 Schedule 13—Amendments of the Conservation of Habitat...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Regulation 110B
Regulation 110B is being inserted, which allows the Secretary of State to direct that the assumptions in Regulation 110A do not apply to a specific plant and nutrient pollution standard. The Secretary of State must consult various entities before making or revoking a direction.
Exemplar quote from bill: ...ion to a decision within paragraph (4)(b), where such an assessment is required by regulation 105(1) as applied by regulation 106(3), that assessment. 110B Direction that assumptions are not to apply ...(1) The assumptions in regulation 110A(2) do not apply in relation to a particular plant and a particular nutrient pollution standard if the Secretary of State so directs. (2) A direction under this regulation may be made in relation to a plant and a standard only if the Secretary of State is satisfied that the plant will not be able to meet the standard by the upgrade date. (3) 25 The Secretary of State may revoke a direction under this regulation if satisfied that the plant will meet the standard on the upgrade date. (4) In deciding whether to make a direction under this regulation in relation to a plant and a standard, the Secretary of State may, in 30 particular, have regard to when the plant can be expected to meet the standard. (5) Before making or revoking a direction under this regulation, the Secretary of State must consult— (a) the Environment Agency, (b) Natural England, (c) the Water Services Regulation Authority, 35 (d) any plan-making authority who it appears to the Secretary of State would be affected by the direction or revocation, (e) the sewerage undertaker whose sewerage system includes the plant, and (f) any other persons that the Secretary of State considers appropriate....Conservation of Habitats and Species Regulations 2017: assumptions about nutrient pollution standards Part 3—Land use plans (f) any other persons that the Secretary of State considers appropriate. (6...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 7ZA
Section 7ZA is being inserted, which outlines the powers and functions of a development corporation established under the New Towns Act 1981 in relation to planning.
Exemplar quote from bill: .... (2) In section 7 (urban development corporation as local planning authority), after subsection (2) insert— “(3) This section is subject to section 8A.” 10 (3) After section 7 insert— “7ZA New towns ...(1) This section applies where an order is made under section 7A(2)(a) or (4)(a) of the New Towns Act 1981 (powers to confer functions under the planning Acts) in respect of a development corporation established under section 3 of that Act. (2) If the order is made under section 7A(2)(a), the corporation is the local planning authority for the specified area, for the specified purposes and in relation to the specified kinds of development, in place of the authority which would otherwise be the local planning authority for that area. (3) If the order is made under section 7A(4)(a), the corporation has the functions under the specified enactments in the specified area, in place of any authority (except the Secretary of State) which would otherwise have them in that area. (4) In this section “specified” means specified in the order. (5) This section is subject to section 8A....ction 8A.” (4) In section 7A (Mayoral development corporation as local planning authority), after subsection (5) insert— “(6) This section is subject to section 8A.” 30 (5) In section 62B(5) (planning...
- ‼️ Urban Development
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 32
The proposed change requires the chief constable to ensure that good value for money is obtained in the exercise of functions related to fire and rescue services.
Exemplar quote from bill: ...ulations, fire and rescue functions exercisable by the mayor for the area of the CCA are exercisable by the chief constable of the police force for the police area which corresponds to that area. (2) ...The chief constable must secure that good value for money is obtained in exercising— (a) functions which are exercisable by the chief constable by virtue of the regulations, and (b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment....nt. (3) The chief constable must secure that other persons exercising functions by 30 virtue of the regulations obtain good value for money in exercising those functions. (4) The mayor must— (a) secur...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 32
The proposed change requires other persons exercising functions under the regulations to obtain good value for money in their exercise of those functions.
Exemplar quote from bill: ...xercisable by the chief constable by virtue of the regulations, and (b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment. (3) ...The chief constable must secure that other persons exercising functions by virtue of the regulations obtain good value for money in exercising those functions....ns. (4) The mayor must— (a) secure the exercise of the duties which are exercisable by the chief constable or another person by virtue of the regulations, (b) 35 secure the exercise of the duties rela...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 32
The proposed change requires the mayor to ensure the exercise of duties and functions related to fire and rescue services by the chief constable or other persons are done efficiently and effectively.
Exemplar quote from bill: ... by virtue of any enactment. (3) The chief constable must secure that other persons exercising functions by 30 virtue of the regulations obtain good value for money in exercising those functions. (4) ...The mayor must— (a) secure the exercise of the duties which are exercisable by the chief constable or another person by virtue of the regulations, (b) secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment, (c) secure that functions which are exercisable by the chief constable or another person by virtue of the regulations are exercised efficiently and effectively, and (d) secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively....ively. Levelling-up and Regeneration Bill 31 Part 2—Local democracy and devolution Chapter 1—Combined county authorities (5) The mayor must hold the chief constable to account for the exercise of suc...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 40
The proposed change allows the CCA to decide whether the mayor for the area of the CCA should be known as "mayor" or by an alternative title.
Exemplar quote from bill: ...relation to a mayor, means— (a) the mayor’s general functions, and (b) if the mayor exercises PCC functions, the mayor’s PCC functions. 10 Alternative mayoral titles 40 Alternative mayoral titles (1) ...At the first meeting of a mayoral CCA after regulations made under section 25(1) come into force, the CCA must, by a resolution in accordance with subsection (3)— (a) provide that the mayor for the area of the CCA is to be known by the title of mayor, or (b) change the title by which the mayor for the area of the CCA is to be known to an alternative title mentioned in subsection (2)....2). (2) The alternative titles are— 20 (a) county commissioner; (b) county governor; (c) elected leader; (d) governor; (e) a title that the CCA considers more appropriate than the alternative 25 title...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 41
The proposed change allows for further changes to the title by which the mayor for the area of the CCA is known, including reverting to the title of "mayor" or changing to another alternative title.
Exemplar quote from bill: ...actment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but (b) does not include this section or section 41. 41 Alternative mayoral titles: further changes (1) ...This section applies where a mayoral CCA has— (a) by a resolution under section 40 or by a previous resolution under this section, changed the title by which the mayor for the area of the CCA is to be known to an alternative title, (b) by a resolution under section 40, provided that the mayor for the area of the CCA is to be known by the title of mayor, or (c) by a previous resolution under this section, provided that the mayor for the area of the CCA is no longer to be known by an alternative title....title. (2) The CCA may, by a resolution in accordance with this section— (a) in a subsection (1)(a) case— 35 (i) provide that the mayor is no longer to be known by the alternative title, or (ii) chang...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 42
The proposed change allows the Secretary of State to amend the list of alternative titles for the mayor of a CCA.
Exemplar quote from bill: ...e return of the mayor, and 20 (b) an election caused by a vacancy in the office of the mayor occurring before expiry of the mayor’s term of office. 42 Power to amend list of alternative titles (1) 25 ...The Secretary of State may by regulations amend section 40(2) or 41(3) to add, modify or remove a reference to an alternative title or a description of an alternative title.... (2) In its application to subsection (1), section 231(1)(c) (power for regulations to make consequential etc provision) includes power to make consequential amendments to section 40 or 41. Requiremen...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 43
The proposed change allows authorities to prepare and submit proposals for the establishment of a CCA in an area.
Exemplar quote from bill: ...lations to make consequential etc provision) includes power to make consequential amendments to section 40 or 41. Requirements in connection with regulations about CCAs 30 43 Proposal for new CCA (1) ...One or more authorities to which this section applies may— (a) prepare a proposal for the establishment of a CCA for an area, and (b) submit the proposal to the Secretary of State.... (2) This section applies to the following authorities— 35 (a) a county council whose area is within the proposed area; (b) a unitary district council whose area is within the proposed area; 38 Levell...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 45 Proposal for changes to existing arrangements relating to CCA
Authorities may prepare proposals for changes to existing Combined County Authorities (CCA) and submit them to the Secretary of State.
Exemplar quote from bill: ...rt of the proposed CCA area. (6) In this Part “local government area” means the area of a county council or a district council. 45 Proposal for changes to existing arrangements relating to CCA 25 (1) ...One or more authorities to which this section applies may— (a) prepare a proposal for the making of regulations under section 8, 14, 16, 17, 19, 20, 23, 24, 25, 28 or 31 in relation to an existing CCA, and (b) submit the proposal to the Secretary of State.... (2) This section applies to the following authorities— 30 (a) the CCA; (b) a county council whose area is within the area of the CCA; (c) a unitary district council whose area is within the area of t...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 104 (constitution of combined authority)
A new subsection (11A) is added to Section 104, stating that if the only provision made under this section in an order is a result of changes to the boundaries of a combined authority's area, certain subsections of Section 106 will apply to that order.
Exemplar quote from bill: ...thority’s area (1) 30 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows. (2) In section 104 (constitution of combined authority), after subsection (11) insert— ...“(11A) If the only provision made under this section in an order under this Part is provision as a result of an order under section 106 (changes to boundaries of combined authority’s area)— (a) subsection (10) does not apply to the order under this Part, and (b) subsections (3A) to (3H) of section 106 apply in relation to the order as if it contained the provision made by the order under section 106.”... 106.” 48 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 2—Other provision (3) Section 106 (changes to boundaries of combined authority’s area) is amended in accorda...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 109A Proposal for new combined authority
A new section, 109A, is inserted to allow authorities to prepare and submit proposals for the establishment of a combined authority to the Secretary of State.
Exemplar quote from bill: ...108 (review by authorities: new combined authority) and 109 (preparation and publication of scheme: new combined authority). (3) Before section 110 insert— 15 “109A Proposal for new combined authority...“(1) One or more authorities to which this section applies may— (a) prepare a proposal for the establishment of a combined authority for an area, and (b) submit the proposal to the Secretary of State.... 20 (2) This section applies to the following authorities— (a) a county council the whole or any part of whose area is within the proposed area; (b) a district council whose area is within the propose...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 44AC
Compensation for loss or damage caused by a temporary stop notice includes payment for any breach of contract resulting from actions taken to comply with the notice.
Exemplar quote from bill: ...ollowing the 40 grant of listed building consent, after the day mentioned in subsection (1), which authorises the works. Levelling-up and Regeneration Bill 105 Part 3—Planning Chapter 3—Heritage (3) ...The loss or damage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice.... (4) 5 No compensation is payable under this section in the case of loss or damage suffered by a claimant if— (a) the claimant was required to provide information under a relevant provision, and (b) t...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 44AC
No compensation is payable if the claimant was required to provide information and the loss or damage could have been avoided if the claimant had provided the information or cooperated with the planning authority.
Exemplar quote from bill: ...mage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice. (4) 5 ...No compensation is payable under this section in the case of loss or damage suffered by a claimant if— (a) the claimant was required to provide information under a relevant provision, and (b) the loss or damage could have been avoided if the claimant had provided the information or had otherwise co-operated with the planning authority when responding to the notice....ce. (5) In subsection (4)(a), each of the following is a relevant provision— (a) section 16 of the Local Government (Miscellaneous Provisions) Act 1976, and (b) section 330 of the principal Act.” (3) ...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 61QG Provision that may be made by a street vote development order
The proposed change allows a street vote development order to make provisions for land, parts of land, or specific sites within a specified street area.
Exemplar quote from bill: ...to prescribed conditions); (b) 20 confer a function, including a function involving the exercise of a discretion, on any person. 61QG Provision that may be made by a street vote development order (1) ...A street vote development order may make provision in relation to— (a) all land in the street area specified in the order, (b) any part of that land, or (c) a site in that area specified in the order.... 25 (2) A street vote development order may only provide for the granting of planning permission for any development that— (a) is prescribed development or development of a prescribed description or c...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 61QH Meaning of “excluded development”
The proposed change defines "excluded development" for the purposes of section 61QG(2)(b), which includes development of scheduled monuments, Schedule 1 development, nationally significant infrastructure projects, development of listed buildings, and development involving the winning and working of minerals.
Exemplar quote from bill: ...evelopment, and 30 (c) satisfies any further prescribed conditions. (3) A street vote development order may make different provision for different purposes. 61QH Meaning of “excluded development” (1) ...The following development is excluded development for the purposes 35 of section 61QG(2)(b) — (a) development of a scheduled monument within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979; (b) 5 Schedule 1 development as defined by regulation 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571); (c) development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008); (d) development of a listed building within the meaning given by 10 section 1(5) of the Planning (Listed Buildings and Conservation) Areas Act 1990; (e) development consisting of the winning and working of minerals....ted Buildings and Conservation) Areas Act 1990; (e) development consisting of the winning and working of minerals. (2) The Secretary of State may by regulations amend subsection (1) so as 15 to add, a...
- ‼️ Cultural Impact
(Variously affected)
- ‼️ Economic Impact
(Variously affected)
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 61QI Permission granted by street vote development orders
The proposed change states that planning permission granted by a street vote development order is subject to prescribed conditions, limitations, and other conditions specified in the order.
Exemplar quote from bill: .... (2) The Secretary of State may by regulations amend subsection (1) so as 15 to add, amend or remove a category of excluded development. 61QI Permission granted by street vote development orders (1) ...The granting of planning permission by a street vote development order is subject to— (a) any prescribed conditions or limitations or conditions or 20 limitations of a prescribed description, and (b) such other conditions or limitations as may be specified in the order (but see subsections (4) and (6)).... (2) 25 The conditions that may be specified include a condition that unless a relevant obligation is entered into— (a) the development authorised by the planning permission or any description of such...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 61QJ Revocation or modification of street vote development orders
The proposed change grants the Secretary of State and local planning authorities the power to revoke or modify street vote development orders.
Exemplar quote from bill: ... 106 (planning obligations), or (b) an agreement under section 278 of the Highways Act 1980 (agreements as to execution of works). 61QJ Revocation or modification of street vote development orders 30 ...(1) The Secretary of State may by order revoke or modify a street vote development order. (2) A local planning authority may, with the consent of the Secretary of 35 State, by order revoke a street vote development order relating to a street area any part of which falls within the area of that authority.... (3) If a street vote development order is revoked, the person revoking the order must state the reasons for the revocation. (4) An appointed person may at any time by order modify a street vote devel...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 61QK Financial assistance in relation to street votes
The proposed change grants the Secretary of State the power to provide financial assistance, advice, and assistance in relation to street vote development orders and proposals.
Exemplar quote from bill: ...15 the making and consideration of representations about a revocation or modification (including the time by which representations must be made). 61QK Financial assistance in relation to street votes ...(1) The Secretary of State may do anything that the Secretary of State considers appropriate— (a) for the purpose of publicising or promoting the making of 20 street vote development orders and the benefits expected to arise from their making, or (b) for the purpose of giving advice or assistance to anyone in relation to the making of street vote proposals or the doing of anything else for the purposes of, or in connection with, such proposals or street vote development orders....rs. (2) The things that the Secretary of State may do under this section include, in particular— (a) 30 the provision of financial assistance (or the making of arrangements for its provision) to any b...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 101 Street votes: community infrastructure levy
The proposed change states that certain sections do not apply to charging schedules or revisions that only determine the amount of Community Infrastructure Levy (CIL) chargeable in respect of street vote development. It also allows for CIL regulations to establish procedural requirements for the charging schedule or revision to take effect.
Exemplar quote from bill: ..., 213” to the end substitute “to 213 and 214(1) and (2) apply in 25 relation to a revision of a charging schedule as they apply in relation to a charging schedule.” (3) After section 211(10) insert— “...(11) 30 Where the only provision made by a charging schedule or a revision of a charging schedule is provision for the purpose of determining the amount of CIL chargeable in respect of street vote development— (a) sections 212 to 213 and 214(1) and (2) do not apply in relation to the charging schedule or the revision of the charging schedule, and (b) CIL regulations may make provision about procedural 35 requirements that must be met before the charging schedule or revision may take effect.... 118 Levelling-up and Regeneration Bill Part 3—Planning Chapter 4—Grant and implementation of planning permission (12) “Street vote development” means development of land for which planning permissio...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 103 Crown development
The proposed change allows a development order to make provisions regarding the form and manner of making an application for Crown development, notice requirements, and the publicizing of applications.
Exemplar quote from bill: ...opriate authority to provide such further information as is necessary for the purposes of— (a) 10 deciding whether to agree or to refuse to determine the application; (b) determining the application. ...(3) A development order may make provision— (a) as to the form and manner in which an application must be made; (b) requiring notice to be given of an application; 15 (c) as to the form, content and service of a notice required under paragraph (b); (d) requiring that an application be publicised in such manner as the order may specify.... (10) A development order which makes provision under subsection (9) 20 may include provision to ensure that the imposition of any requirement under that subsection does not result in the public discl...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 73B
An application for planning permission can be determined in accordance with this section if the applicant requests it, proposes conditions, and identifies an existing planning permission. Planning permission can only be granted if its effect is not substantially different from the existing permission.
Exemplar quote from bill: ...ts. 10 104 Minor variations in planning permission (1) TCPA 1990 is amended as follows. (2) After section 73A insert— “73B 15 Applications for permission substantially the same as existing permission ...(1) An application for planning permission in respect of land in England is to be determined in accordance with this section if the applicant— (a) requests that it be so determined, (b) makes a proposal as to the conditions (if any) subject to which permission should be granted, and (c) identifies an existing planning permission by reference to which the application is to be considered (“the existing permission”)....”). (2) The existing permission must not have been granted— (a) under section 73, section 73A or this section, or (b) other than on application. 25 (3) The applicant may also identify, for the purpose...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 93G
A person must give a commencement notice to the local planning authority before beginning development, and can give a further notice if the development is not commenced on the previously given date.
Exemplar quote from bill: ... (1) This section applies where— (a) 15 planning permission has been granted under section 70 or 73 for the development of any land in England, and (b) the development is of a prescribed description. ...(2) Before the development is begun, the person proposing to carry it out must give a notice (a “commencement notice”) to the local planning authority specifying the date on which the person expects the development to be begun....un. (3) Once a person has given a commencement notice, the person— (a) may give a further commencement notice substituting a new date for the date previously given, and (b) 25 must do so if the develo...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (1)(h) to (j)
The bill proposes the addition of subsection (1)(h) to (j) to allow for the provision of guidance and regulations by the Secretary of State for specific purposes.
Exemplar quote from bill: ...wer relating to planning or development is to be exercised in circumstances which include, or may include, a community land auction arrangement); and authorities must have regard to the guidance. (3) ...Provision may be made under subsection (1)(h) to (j), and guidance may be given under subsection (2), only if the Secretary of State thinks it necessary or expedient for—...or— (a) delivering the overall purpose mentioned in section 132(1), (b) 20 enhancing the effectiveness, or increasing the use, of CLA regulations or community land auction arrangements, (c) preventing...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
section 141
The bill proposes the addition of section 141 to establish the expiry of Part 5 of the legislation after a period of 10 years.
Exemplar quote from bill: ...i Levelling-up and Regeneration Bill General 138 Power to provide for authorities making joint local plans 139 Parliamentary scrutiny of pilot 140 CLA regulations: further provision and guidance 141 ...Expiry of Part 5... 142 Interpretation of Part 5 PART 6 ENVIRONMENTAL OUTCOMES REPORTS Setting environmental outcomes 143 Power to specify environmental outcomes Power to require environmental outcomes reports 144 Envir...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
section 142
The bill proposes the addition of section 142 to provide interpretation for Part 5 of the legislation.
Exemplar quote from bill: ...Revision of methodology and metrics or target dates 4 Changes to mission progress methodology and metrics or target dates Review of missions 5 Reviews of statements of levelling-up missions General 6 ...Interpretation of Part 5... PART 2 LOCAL DEMOCRACY AND DEVOLUTION CHAPTER 1 COMBINED COUNTY AUTHORITIES CCAs and their areas 7 Combined county authorities and their areas HL Bill 142 58/3 Constitution of CCAs 8 Constitutional ...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 96I Powers to amend sections 96D and 96F
The proposed change grants the Secretary of State the power to amend the plant capacity specified in section 96D(1)(a) or (2)(a) through regulations.
Exemplar quote from bill: ... to require a lower concentration of total nitrogen or lower concentration of total phosphorus in treated effluent of a plant than section 96B requires. 96I Powers to amend sections 96D and 96F 5 (1) ...The Secretary of State may by regulations amend any plant capacity for the time being specified in section 96D(1)(a) or (2)(a).... (2) Regulations under subsection (1) may not have effect in relation to an area that is a sensitive catchment area when the regulations are made. (3) Subject to that, regulations under subsection (1)...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
section 226 of TCPA 1990
A new subsection (1B) is inserted into section 226 of the Town and Country Planning Act 1990. This subsection clarifies that in England, the term "improvement" in subsections (1) and (1A) includes regeneration.
Exemplar quote from bill: ...authorities for purposes of regeneration In section 226 of TCPA 1990 (power of local authority to acquire land compulsorily for development and other planning purposes), after subsection (1A) insert— ...“(1B) In the application of subsections (1) and (1A) in England, 30 “improvement” includes regeneration.”... Procedure 171 Online publicity (1) The Acquisition of Land Act 1981 is amended as follows. Levelling-up and Regeneration Bill 209 Part 9—Compulsory purchase (2) In section 7(1) (definitions), after ...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Urban Development
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Acquisition of Land Act 1981, section 7(1)
An amendment is made to section 7(1) of the Acquisition of Land Act 1981. The amendment adds a definition for "appropriate website" in relation to a notice about a proposed compulsory purchase. It defines "appropriate website" as a website that members of the public could reasonably be expected to find when searching the internet for information about the scheme or project underlying the proposed purchase.
Exemplar quote from bill: ...ion of Land Act 1981 is amended as follows. Levelling-up and Regeneration Bill 209 Part 9—Compulsory purchase (2) In section 7(1) (definitions), after the definition of “acquiring authority” insert— ...““appropriate website”, in relation to a notice about a proposed compulsory purchase, means a website which members of the public could 5 reasonably be expected to find on searching on the internet for information about the scheme or project that underlies the proposed purchase,”.... (3) In section 11 (requirement to publish notice of compulsory purchase order in newspaper)— (a) for the heading substitute “Public notices”; (b) in subsection (1)— 10 (i) the words from “in two” to ...
- ‼️ Justice System
(Variously affected)
- ‼️ Public Health
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Acquisition of Land Act 1981, section 11
Section 11 of the Acquisition of Land Act 1981 is amended. The amendments require the acquiring authority to publish a notice on an appropriate website for a period of at least 21 days, specify a website where copies of the order may be viewed, and specify the final day for making objections to the order and the manner in which objections can be made.
Exemplar quote from bill: ...y purchase order in newspaper)— (a) for the heading substitute “Public notices”; (b) in subsection (1)— 10 (i) the words from “in two” to “situated” become paragraph (a); (ii) at the end insert “, and...“(b) for a period of at least 21 days ending with the 15 day specified under subsection (2)(d), publish a notice in the prescribed form on an appropriate website.”;... (c) in subsection (2)— (i) in the words before paragraph (a), for “notice” substitute “notices”; (ii) omit the “and” at the end of paragraph (c); 20 (iii) after paragraph (c) insert— “(ca) specify a ...
- ‼️ Justice System
(Variously affected)
- ‼️ Public Health
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Acquisition of Land Act 1981, section 12(1)
Section 12(1) of the Acquisition of Land Act 1981 is amended. The amendments require the acquiring authority to name a place within the locality where a copy of the order and map may be inspected, specify a website where those copies may be viewed, and specify the final day for making objections to the order and the manner in which objections can be made.
Exemplar quote from bill: ...he words from “(but” to “affixed)”. (4) In paragraph 3(1) (requirement to serve notice on certain affected persons)— (a) omit the “and” at the end of paragraph (b); (b) after paragraph (b) insert— 25 ...“(ba) (subject to section 11(2A)) naming a place within the locality where a copy of the order and of the map referred to in it may be inspected,...pected, (bb) 30 specifying a website on which those copies may be viewed, and”; (c) for paragraph (c) substitute— “(c) specifying the final day for making objections to the draft order, and the manner...
- ‼️ Justice System
(Variously affected)
- ‼️ Public Health
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Acquisition of Land Act 1981, section 12A
A new section 12A is inserted into the Acquisition of Land Act 1981. This section specifies that the final day for making objections to an order must be the last day or a day after the last day of the 21-day period beginning with the first day when the acquiring authority expects that certain conditions will be satisfied. The conditions include the publication of a notice, the affixing of a notice, and the service of a notice on every qualifying person.
Exemplar quote from bill: ...ay be viewed, and”; (c) for paragraph (c) substitute— “(c) 5 specifying the final day for making objections to the order, and the manner in which objections can be made.” (5) After section 12 insert— ...“12A Final day for making objections (1) For the purposes of sections 11 and 12, the day specified as the final day for making objections must be the last day, or a day after the last day, of the period of 21 days beginning with the first day at the beginning of which the acquiring authority expects that all of the following conditions will be satisfied. (2) The conditions are that— (a) a notice has been published for the first time as required by section 11(1)(a), (b) publication as required by section 11(1)(b) has begun, (c) a notice has been affixed as required by section 11(3), and (d) a notice has been served on every qualifying person as required by section 12(1).”...n 12(1).” (6) In section 15 (notices after confirmation of compulsory purchase order)— (a) in subsection (3)— (i) the words from “in one” to “situated” become paragraph (a); (ii) at the end of that pa...
- ‼️ Justice System
(Variously affected)
- ‼️ Public Health
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Acquisition of Land Act 1981, section 15
A new subsection (3) is inserted into section 15 of the Acquisition of Land Act 1981. This subsection states that a notice after the confirmation of a compulsory purchase order must be published in one or more local newspapers and on an appropriate website until the end of the 6-week period beginning with the day on which the authority takes the final step needed to comply with subsection (1)(a).
Exemplar quote from bill: ...f functions: changes in governance arrangements) for further provision about when a resolution under this section may be passed.” (3) In section 9MB (requirement to hold and give effect to referendum)...“(3) (a) in subsection (3), for “in one” to “situated” become paragraph (a); (b) at the end of that paragraph insert “, and (b) on an appropriate website, until the end of the 25 period of 6 weeks beginning with the day on which the authority takes the final step needed to comply with subsection (1)(a).”;... days beginning with the day when the 35 regulations mentioned in that subsection are amended or revoked.”, and (b) after subsection (5) insert— “(6) See section 9ND for further provision about refere...
- ‼️ Justice System
(Variously affected)
- ‼️ Public Health
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Acquisition of Land Act 1981, section 15
New subsections (4B) to (4F) are inserted into section 15 of the Acquisition of Land Act 1981. These subsections outline the requirements for the acquiring authority when a compulsory purchase order is confirmed conditionally. The acquiring authority must serve a copy of the order and a fulfilment notice on each person on whom a notice was required to be served, affix a fulfilment notice to a conspicuous object or objects on or near the land, and publish a fulfilment notice in local newspapers and on an appropriate website. Failure to comply with these provisions may result in the confirming authority taking necessary steps and recovering costs from the acquiring authority.
Exemplar quote from bill: ...ragraph (b) insert— “(ba) 5 if the order was confirmed conditionally, stating the conditions and time specified under section 13BA(3);”; (d) after subsection (4A) (inserted by section 171(6)) insert— ...“(4B) If the order was confirmed conditionally and the confirming authority decides under section 13BA that the conditions have been met, the acquiring authority must serve— (a) a copy of the order, and (b) a fulfilment notice, on each person on whom a notice was required to be served under section 12. (4C) Where subsection (4B) applies, the acquiring authority must also— (a) affix a fulfilment notice to a conspicuous object or objects on or near the land comprised in the order, and (b) publish a fulfilment notice— (i) in one or more local newspapers circulating in the locality in which the land comprised in the order is situated, and (ii) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the acquiring authority takes the final step needed to comply with subsection (4B). (4D) The acquiring authority must comply with subsections (4B) and (4C)(a) and (b)(i) before the end of— (a) the period of 6 weeks beginning with the day on which the decision under section 13BA is made, or (b) such longer period beginning with that day as may be agreed in writing between the acquiring authority and the confirming authority. (4E) If the acquiring authority fails to comply with those provisions before the end of that period, or fails to comply with subsection (4C)(b)(ii), the confirming authority may— (a) take any steps that the acquiring authority was required but has failed to take to comply, and (b) recover the reasonable costs of doing so from the acquiring authority (4F) A fulfilment notice is a notice— (a) stating that the conditions subject to which the order was confirmed have been met and that the order will therefore become operative, and (b) annexing the information that was contained in the confirmation notice.”...y purchase (b) annexing the information that was contained in the confirmation notice.”; (e) in subsection (5), after “notice” insert “or fulfilment notice”; (f) in subsection (6)— (i) after “notice”...
- ‼️ Justice System
(Variously affected)
- ‼️ Public Health
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Acquisition of Land Act 1981, section 22
Section 22 of the Acquisition of Land Act 1981 is amended. The amendment requires the acquiring authority to publish a notice of a certificate under Part 3 of the Act on an appropriate website until the end of the 6-week period beginning with the day on which the certificate is given.
Exemplar quote from bill: ...) In section 22 (requirement to publish notice of certificate under Part 3 of the Act)— (a) the words from “in one” to “situated” become paragraph (a); 5 (b) at the end of that paragraph insert “, and...“(b) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the certificate is given,”.... (8) In paragraph 9 of Schedule 3 (requirement to publish notice of certificate 10 under that Schedule)— (a) the words from “in one” to “situated” become paragraph (a); (b) at the end of that paragrap...
- ‼️ Justice System
(Variously affected)
- ‼️ Public Health
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Schedule 17
Schedule 17 of the bill makes provision in relation to compulsory purchases by Ministers that corresponds to the preceding provisions of Part 9 of the bill.
Exemplar quote from bill: ...ce”. (4) Schedule 16 contains, and makes provision in connection with, amendments in consequence of this section and paragraph 3 of Schedule 17. 174 Corresponding provision for purchases by Ministers ...Schedule 17 makes provision in relation to compulsory purchases by Ministers corresponding to the preceding provisions of this Part....rt. 175 Time limits for implementation (1) In the Acquisition of Land Act 1981— (a) after section 13C insert— “13D Power to extend time limit for implementation 15 (1) The confirming authority may, wh...
- ‼️ Justice System
(Variously affected)
- ‼️ Public Health
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Acquisition of Land Act 1981, section 13D
A new section 13D is inserted into the Acquisition of Land Act 1981. This section allows the confirming authority, when confirming a compulsory purchase order, to include provision in the order specifying a period longer than three years for the purposes of the time limits set out in section 4 of the Compulsory Purchase Act 1965 and section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981. The acquiring authority is not allowed to include such provision in the order submitted for confirmation.
Exemplar quote from bill: ...o the preceding provisions of this Part. 175 Time limits for implementation (1) In the Acquisition of Land Act 1981— (a) after section 13C insert— “13D Power to extend time limit for implementation 15...“(1) The confirming authority may, when it confirms a compulsory purchase order, include provision in the order specifying a period longer than three years for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for notice to treat) and section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration). (2) No such provision is to be included by the acquiring authority in the order submitted for confirmation.”;....”; (b) in paragraph 1 of Schedule 1 (preliminary provision about compulsory 25 purchase by Ministers), after sub-paragraph (3) insert— “(3A) The order may, in particular, include provision specifying...
- ‼️ Justice System
(Variously affected)
- ‼️ Public Health
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Compulsory Purchase (Vesting Declarations) Act 1981, section 8A
A new section 8A is inserted into the Compulsory Purchase (Vesting Declarations) Act 1981. This section allows the acquiring authority to agree in writing with the owner of an interest that is to vest in the authority under section 8 that the interest will vest on a date after the vesting date. If such an agreement is in force on the vesting date, sections 7 and 8 of the Act will operate as if the vesting date were the agreed date or any subsequently agreed date. If the interest entitles the owner to possession of the land, the right to enter upon and take possession of the land does not arise until the interest vests in accordance with the agreement.
Exemplar quote from bill: ...o section 8A,”. (3) 35 In section 8 (vesting, entry and possession), in subsection (1), for “section” substitute “sections 8A and”. (4) After section 8 insert— “8A Postponement of vesting by agreement...“(1) The acquiring authority may agree in writing with the owner of any interest which is to vest in the authority under section 8 that the interest is to vest on a date after the vesting date. (2) If such an agreement is in force on the vesting date, sections 7 and 8 operate in relation to the interest as if the vesting date were— (a) the agreed date, or (b) any date subsequently agreed under subsection (1). (3) If an interest subject to an agreement under this section entitles the owner to possession of the land concerned, the right to enter upon and take possession of the land given by section 8 does not arise until the interest vests in accordance with this section.”...oes not arise until the interest vests in accordance with this section.” (5) In section 10 (compensation), after subsection (1) insert— “(1A) But if an agreement under section 8A is in force in relati...
- ‼️ Justice System
(Variously affected)
- ‼️ Public Health
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 3: Time limit for application for direction
The proposed change sets a time limit for making an application for direction, stating that it cannot be made after 13 years from the date on which the compulsory purchase order became operative.
Exemplar quote from bill: ...e or injurious affection is to be ignored for the purposes of sub-paragraphs (3) and (4). 228 Levelling-up and Regeneration Bill Part 9—Compulsory purchase Time limit for application for direction 3 ...An application under paragraph 1(2) may not be made after the expiry of the period of 13 years beginning with the date on which the compulsory purchase order became operative.... Mortgages 5 4 For the purposes of this Schedule an “eligible person” includes a person who would have been entitled to (1) compensation in respect of the acquisition but for the 10 existence of a mor...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 4: Mortgages
The proposed change clarifies the treatment of mortgages in relation to compensation. It includes persons with mortgages as eligible persons for compensation purposes, with the mortgage still being taken into account in determining the original and alternative amounts. It also specifies that compensation paid to a mortgagee is considered compensation in respect of the acquisition and outlines the application of additional compensation towards the discharge of mortgage sums.
Exemplar quote from bill: ...rection 3 An application under paragraph 1(2) may not be made after the expiry of the period of 13 years beginning with the date on which the compulsory purchase order became operative. Mortgages 5 4 ...For the purposes of this Schedule an “eligible person” includes a person who would have been entitled to compensation in respect of the acquisition but for the existence of a mortgage (but the mortgage is in that case still to be taken into account in determining the original and alternative amounts under paragraph 2)....aph 2). (2) An amount agreed or awarded to be paid to a mortgagee under section 15 or 16 of the Compulsory Purchase Act 1965 15 in respect of the acquisition is to be treated for the purposes of this ...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 5: Successors-in-title
The proposed change addresses the rights of successors-in-title to compensation. It states that if the compensation to which an eligible person was entitled remains unpaid and would now vest in another person, that person has the rights to be paid the compensation. The change also specifies the treatment of additional compensation paid to the other person and clarifies the reference to compensation in cases involving mortgages.
Exemplar quote from bill: ... sums secured by the mortgage, the amount of the 35 excess is instead payable to the person who is an eligible person by virtue of the interest that was subject to the mortgage. Successors-in-title 5 ...This paragraph applies if, had the compensation to which an eligible person was entitled in respect of the acquisition remained unpaid, the right to be paid it would now vest in some other person (assuming that it remained enforceable and any obligations in respect of the right had been complied with)....hase and any obligations in respect of the right had been complied with). (2) If the eligible person is still alive or in existence, the rights 5 that the eligible person would have under this Schedu...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 6: Consequential losses
The proposed change allows for additional compensation to include an amount to make up for qualifying losses. Qualifying losses are defined as financial losses suffered by an eligible person or a person entitled to exercise the rights of the eligible person due to the initial compensation being of the original amount instead of the alternative amount. The change also clarifies that compensation payable to the mortgagee of an interest subject to a mortgage is included in the reference to compensation payable to the eligible person.
Exemplar quote from bill: ...raph (1) to compensation to which the person was entitled is to be read as a reference to the compensation to which the person would have been entitled but for the mortgage. Consequential losses 25 6 ...The relevant authority may by regulations provide for additional compensation payable on a claim under paragraph 1(5) to include (in addition to any amount payable under paragraph 2) an amount to make good qualifying losses....ses. (2) “Qualifying losses” are financial losses shown to have been 30 suffered by an eligible person, or a person entitled to exercise the rights of the eligible person under paragraph 5, as a resul...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 7: Procedure etc
The proposed change empowers the relevant authority to make regulations regarding the procedure for applications and claims, steps to be taken by acquiring and confirming authorities, interest on additional compensation, and the payment of additional compensation. It also allows for regulations to modify or disapply certain provisions related to costs and to apply section 4 of the Act to claims, with section 4 not applying unless specifically applied.
Exemplar quote from bill: ... under the regulations by reference to— 230 Levelling-up and Regeneration Bill Part 9—Compulsory purchase (a) a description of loss, (b) an amount, or (c) any other circumstance. Procedure etc 7 (1) ...The relevant authority may by regulations make provision— (a) about the procedure for applications under paragraph 1(2) or claims under paragraph 1(5) (including provision about the costs of such applications or claims); (b) about steps that must be taken by the acquiring authority or the confirming authority for the purposes of publicising or giving notice of a direction for additional compensation; (c) for interest to be applied to amounts of additional compensation that are payable; (d) about how or when additional compensation (and any interest) is to be paid....be paid. (2) Regulations under this paragraph about costs of claims under paragraph 1(5)— (a) may modify or disapply section 29 of the Tribunals, 20 Courts and Enforcement Act 2007 (costs or expenses)...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 8: Regulations
The proposed change designates the Secretary of State as the relevant authority for England and the Welsh Ministers as the relevant authority for Wales. It also allows for regulations to be made to provide consequential, supplementary, incidental, transitional, or saving provisions, and different provisions for different purposes. The change specifies that regulations are to be made by statutory instrument and are subject to annulment by resolution of either House of Parliament or Senedd Cymru, depending on the authority making the regulations.
Exemplar quote from bill: ...les relating to costs; (b) 25 may apply (with or without modifications) section 4 of this Act; and section 4 of this Act does not apply in relation to such a claim unless so applied. Regulations 8 30 ...For the purposes of this Schedule “the relevant authority” is— (a) the Secretary of State, in relation to England; (b) the Welsh Ministers, in relation to Wales....les. (2) Regulations under this Schedule may make— (a) 35 consequential, supplementary, incidental, transitional or saving provision; (b) different provision for different purposes. (3) Regulations un...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 9: Interpretation
The proposed change provides definitions and interpretations for various terms used in the Schedule. It defines "designated high street" and "designated town centre" as streets and areas designated by the local authority. It also defines "high-street use" as any use of premises falling within specific categories, and "qualifying high-street premises" as premises situated on a designated high street or in a designated town centre and considered suitable for a high-street use by the local authority. The change further clarifies the vacancy condition for premises and allows for regulations to alter the circumstances in which the vacancy condition is satisfied. It also specifies that a state of affairs does not constitute occupation unless it involves substantial, sustained activity with regular presence of people.
Exemplar quote from bill: ...her House of Parliament, in the case of regulations made by the Secretary of State, or (b) a resolution of Senedd Cymru, in the case of regulations made by the Welsh Ministers. Interpretation 5 9 (1) ...In this Schedule— “the confirming authority” means— (i) the person who confirmed the compulsory purchase order, or (ii) any successor to that person’s function of confirming compulsory purchase orders of the type in question; “the acquisition” or “the compulsory purchase order” are to the acquisition or order by virtue of which paragraph 1 applies; “designated high street” means a street for the time being designated under subsection (1); “designated town centre” means an area for the time being designated under subsection (2).... in or over land; and references to interests in land are to be read accordingly. (2) In the case of a compulsory purchase order made under 25 section 10(1) of, and Part 1 of Schedule 4 to, the New To...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 181: Designated high streets and town centres
The proposed change allows local authorities to designate streets and areas as high streets and town centres if they are important to the local economy due to a concentration of high-street uses of premises. However, designations cannot be made if the importance of the street or area derives primarily from goods or services purchased in the course of business. The change also requires local authorities to maintain and make available a list and map of designations, and designations are considered local land charges.
Exemplar quote from bill: ...een served in pursuance of the compulsory purchase order.” PART 10 LETTING BY LOCAL AUTHORITIES OF VACANT HIGH-STREET PREMISES Significant concepts 181 Designated high streets and town centres 25 (1) ...A local authority may designate a street in its area as a high street for the purposes of this Part if it considers that the street is important to the local economy because of a concentration of high-street uses of premises on the street.... (2) A local authority may designate an area within its area as a town centre for 30 the purposes of this Part if— (a) the built environment of the area is characterised principally by a network of st...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 182: High-street uses and premises
The proposed change defines "high-street use" as any use of premises falling within specific categories, including shops, offices, restaurants, bars, public houses, cafes, and more. It also specifies that premises situated on a designated high street or in a designated town centre and considered suitable for a high-street use by the local authority are "qualifying high-street premises." However, premises used wholly or mainly as a warehouse are not considered qualifying high-street premises. The change further clarifies that the suitability of premises for high-street use takes into account any expected works by the landlord or tenant under a contract and tenancy agreement.
Exemplar quote from bill: ... means a street for the time being designated under subsection (1); “designated town centre” means an area for the time being designated under subsection (2). 182 High-street uses and premises 10 (1) ...For the purposes of this Part, any use of premises that falls within any of the following sub-paragraphs is a “high-street use”— (a) use as a shop or office; (b) use for the provision of services to persons who include visiting members of the public; (c) use as a restaurant, bar, public house, café or other establishment selling food or drink for immediate consumption; (d) use for public entertainment or recreation; (e) use as a communal hall or meeting-place; (f) use for manufacturing or other industrial processes of a sort that can (in each case) reasonably be carried on in proximity to, and compatibly with, the preceding uses.... uses. (2) For the purposes of this Part, premises are “qualifying high-street premises” if— (a) they are situated on a designated high street or in a designated town 25 centre, and (b) the local auth...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 183: Vacancy condition
The proposed change establishes the "vacancy condition" for premises, stating that it is satisfied if the premises are unoccupied on a given day and meet certain criteria regarding the duration of unoccupancy. It clarifies that premises are considered occupied on the day they begin or cease to be occupied and that days before the section comes into force are counted. The change also allows for regulations to alter the circumstances in which the vacancy condition is satisfied, with the conditions relating to the time of unoccupancy. It further specifies that a state of affairs does not constitute occupation unless it involves substantial, sustained activity with regular presence of people.
Exemplar quote from bill: ...d into under section 194 and a tenancy was granted further to it. Levelling-up and Regeneration Bill 237 Part 10—Letting by local authorities of vacant high-street premises 183 Vacancy condition (1) ...For the purposes of this Part, the “vacancy condition” is satisfied in relation to premises on a given day if— (a) the premises are unoccupied on that day, and (b) either— (i) the premises were unoccupied for the whole of the period of one year ending with the previous day, or (ii) during the period of two years ending with the previous day, the premises were unoccupied on at least 366 days....s. (2) For the purposes of subsection (1), premises are occupied on a day during 10 which they begin or cease to be occupied. (3) Days before the day on which this section comes into force are to coun...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection (2)
The amendment requires that a requirement under subsection (2) must specify the deadline and method for providing the required information.
Exemplar quote from bill: ...ill 247 Part 10—Letting by local authorities of vacant high-street premises (b) matters affecting the premises, (c) persons interested in the premises, and (d) their interests in the premises. (5) 5 ...A requirement under subsection (2) must state the time by which and manner in which the information is required to be given.... (6) The power conferred by subsection (2) may be exercised only for the purpose of obtaining information about the premises that the local authority thinks is likely to be necessary or expedient for ...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection (6)
The amendment limits the exercise of the power conferred by subsection (2) to obtaining information that the local authority deems necessary or expedient for the exercise of its functions under this Part in relation to the premises.
Exemplar quote from bill: ...rested in the premises, and (d) their interests in the premises. (5) 5 A requirement under subsection (2) must state the time by which and manner in which the information is required to be given. (6) ...The power conferred by subsection (2) may be exercised only for the purpose of obtaining information about the premises that the local authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises.... (7) A person commits an offence if the person— 10 (a) fails without reasonable excuse to comply with a requirement under subsection (2), or (b) in response to such a requirement, gives information th...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection (8)
The amendment specifies that a person who commits an offense under subsection (7) is liable to a fine not exceeding level 4 on the standard scale upon summary conviction.
Exemplar quote from bill: ...comply with a requirement under subsection (2), or (b) in response to such a requirement, gives information that— (i) is false, and (ii) the person knows or should reasonably know to be false. 15 (8) ...A person who commits an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.... 201 Power to enter and survey land (1) 20 This section applies in relation to premises that are situated on a designated high street or within a designated town centre. (2) A person authorised in wri...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 201
The amendment specifies that section 201 applies to premises located on a designated high street or within a designated town center.
Exemplar quote from bill: ... to a contract entered into under section 194 is excluded from sections 24 to 28 of the Landlord and Tenant Act 1954. Powers to obtain information 200 Power to require provision of information 25 (1) ...This section applies in relation to premises that are situated on a designated high street or within a designated town centre.... (2) The local authority for the area in which the premises are situated may, in 30 writing, require any interested person to give information about the premises to the authority. (3) In subsection (2...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection (4)
The amendment limits the exercise of the power conferred by subsection (2) to obtaining information that the authority deems necessary or expedient for the exercise of its functions under this Part in relation to the premises.
Exemplar quote from bill: ...any other land in order to gain access to the premises for the purposes of paragraph (a). (3) In the following provisions of this section, “the power” means the power conferred by subsection (2). (4) ...The power may be exercised only for the purpose of obtaining information about the premises that the authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises....es. (5) The power may be exercised only if the local authority has given, or made all reasonable efforts to give, written notice to— (a) the landlord of the premises, for the purposes of subsection (2...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection (5)
The amendment requires the local authority to provide written notice to the landlord or the person in possession of the land at least 14 days before exercising the power conferred by subsection (2).
Exemplar quote from bill: ...pose of obtaining information 30 about the premises that the authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises. (5) ...The power may be exercised only if the local authority has given, or made all reasonable efforts to give, written notice to— (a) the landlord of the premises, for the purposes of subsection (2)(a), or (b) the person who appears to the local authority to be in possession of, or entitled to possession of, the land, for the purposes of subsection (2)(b), at least 14 days before the day on which the power is first exercised in relation to the premises or other land in question....on. 248 Levelling-up and Regeneration Bill Part 10—Letting by local authorities of vacant high-street premises (6) The power may be exercised only at a reasonable time. (7) The power may not be exerc...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection (6)
The amendment specifies that the power conferred by subsection (2) may only be exercised at a reasonable time.
Exemplar quote from bill: ...ich the power is first exercised in relation to the premises or other land in question. 248 Levelling-up and Regeneration Bill Part 10—Letting by local authorities of vacant high-street premises (6) ...The power may be exercised only at a reasonable time.... (7) The power may not be exercised in a way that involves the use of force, except on the authority of a warrant issued by a justice of the peace. (8) Such a warrant— (a) may be issued only on an app...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection (7)
The amendment prohibits the exercise of the power conferred by subsection (2) involving the use of force, except with the authorization of a warrant issued by a justice of the peace.
Exemplar quote from bill: ...es or other land in question. 248 Levelling-up and Regeneration Bill Part 10—Letting by local authorities of vacant high-street premises (6) The power may be exercised only at a reasonable time. (7) ...The power may not be exercised in a way that involves the use of force, except on the authority of a warrant issued by a justice of the peace.... (8) Such a warrant— (a) may be issued only on an application supported by evidence given 5 on oath, (b) may be issued only if the justice of the peace is satisfied that reasonable efforts have been m...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection (8)
The amendment specifies the requirements for issuing a warrant for the exercise of the power conferred by subsection (2), including the need for an application supported by evidence given on oath, satisfaction that reasonable efforts have been made to exercise the power without force, and specification of the number of occasions the warrant can be relied upon.
Exemplar quote from bill: ...ower may be exercised only at a reasonable time. (7) The power may not be exercised in a way that involves the use of force, except on the authority of a warrant issued by a justice of the peace. (8) ...Such a warrant— (a) may be issued only on an application supported by evidence given on oath, (b) may be issued only if the justice of the peace is satisfied that reasonable efforts have been made to exercise the power without the use of force, and (c) must specify the number of occasions on which it can be relied....d. 10 (9) A person exercising the power must produce— (a) evidence of the authorisation referred to in subsection (2), and (b) a copy of any warrant issued under subsection (7), 15 if so requested by ...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection (9)
The amendment requires a person exercising the power conferred by subsection (2) to produce evidence of authorization and a copy of any warrant issued under subsection (7) if requested by any person who appears to have control over the premises or other land.
Exemplar quote from bill: ...justice of the peace is satisfied that reasonable efforts have been made to exercise the power without the use of force, and (c) must specify the number of occasions on which it can be relied. 10 (9) ...A person exercising the power must produce— (a) evidence of the authorisation referred to in subsection (2), and (b) a copy of any warrant issued under subsection (7), if so requested by any person who appears to have control over the premises or other land....nd. (10) If no person who appears to have control over the premises or other land is present when the power is exercised, the person exercising the power must leave the premises or land as secure agai...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection (10)
The amendment requires a person exercising the power conferred by subsection (2) to leave the premises or land as secure against trespassers as when they entered if no person with control over the premises or land is present during the exercise of the power.
Exemplar quote from bill: ...horisation referred to in subsection (2), and (b) a copy of any warrant issued under subsection (7), 15 if so requested by any person who appears to have control over the premises or other land. (10) ...If no person who appears to have control over the premises or other land is present when the power is exercised, the person exercising the power must leave the premises or land as secure against trespassers as when the person entered.... 202 Offences in connection with section 201 20 (1) A person who, without reasonable excuse, obstructs a person in the exercise of the power conferred by section 201(2) is guilty of an offence. (2) A ...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 203
The amendment allows the county court to extend the period referred to in section 185(2)(b) or 188(3) if it appears that a local authority has been impeded in deciding whether or how to exercise its functions under this Part due to a failure to comply with a requirement under section 200(2), the giving of false information in response to such a requirement, or obstruction of a person in the exercise of the power conferred by section 201(2). The court can only act under this section upon an application by the local authority.
Exemplar quote from bill: ...eans information— (a) which constitutes a trade secret, or (b) 35 the disclosure of which would or would be likely to prejudice the commercial interests of any person. 203 Power to extend time limits ...(1) Subsection (2) applies if it appears to the county court that, because of— (a) a failure to comply with a requirement under section 200(2), (b) the giving of false information in response to such a requirement, or (c) obstruction of a person in the exercise of the power conferred by section 201(2), a local authority has been impeded in deciding whether or how to exercise its functions under this Part in relation to premises in respect of which an initial letting notice or final letting notice is in force. (2) The court may order that the period referred to in section 185(2)(b) or 188(3), as applicable in relation to the notice, is to be extended by such number of days as appears to the court to be appropriate in view of the impediment. (3) The court may act under this section only on an application by the local authority....iew of the impediment. (3) The court may act under this section only on an application by the local 10 authority. General and supplementary provision 204 Further provision about letting notices (1) 15...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 204
The amendment requires regulations to be made regarding the form and content of letting notices, the service of letting notices, and when letting notices take effect. The Secretary of State must seek to ensure that letting notices identify the relevant premises and their suitable high-street use, explain the reasons for the notice, and provide adequate detail on the consequences of the notice being served to enable the recipient to decide how to respond.
Exemplar quote from bill: ...hority. General and supplementary provision 204 Further provision about letting notices (1) 15 In this section, references to letting notices are to initial letting notices and final letting notices. ...(2) Regulations must make provision about— (a) the form and content of letting notices, (b) the service of letting notices, and (c) when letting notices take effect. (3) In making regulations under subsection (2)(a), the Secretary of State must seek to secure that letting notices— (a) identify the premises to which they relate and their suitable high-street use, (b) explain the reasons for the service of the notice, and (c) explain the consequences under this Part of the notice having been served, in such detail as is adequate in order for the recipient of the notice to be able to decide how to act in response to it....to it. (4) 30 For the purposes of this Part, an authority serves a letting notice on the day on which it takes the last step that it needs to take in order for the notice to be served in accordance wi...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 206
The amendment establishes that a person interested in land is entitled to compensation for damage resulting from the exercise of the power conferred by section 201. The local authority that authorized the exercise of the power is responsible for paying such compensation. Disputes regarding compensation are to be determined by the Upper Tribunal, with the provisions of section 4 of the Land Compensation Act 1961 applying to the determination. However, no compensation is payable for the exercise of the powers conferred by this Part, except as provided in subsection (1).
Exemplar quote from bill: ...er-notice under section 191; (d) making representations under section 193(9), 195(8) or 196(9); (e) making a requirement under section 200; 15 (f) giving notice under section 201(5). 206 Compensation ...(1) A person interested in land is entitled to compensation for damage as a result of the exercise of the power conferred by section 201. (2) Such compensation is payable by the local authority that authorised the exercise of the power. (3) Any disputes relating to compensation under this section are to be determined by the Upper Tribunal. (4) The provisions of section 4 of the Land Compensation Act 1961 apply to the determination of such disputes, with any necessary modifications. (5) Except as provided by subsection (1), no compensation is payable in respect of the exercise of the powers conferred by this Part.... Part. 207 Power to modify or disapply enactments applicable to letting (1) 30 Subsection (2) applies to an enactment which imposes obligations on a lessor or prospective lessor of premises in relatio...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 207
The amendment allows regulations to be made to modify or disapply enactments applicable to the letting of premises under a tenancy granted or to be granted further to a contract entered into under section 194, or the premises demised by such a tenancy.
Exemplar quote from bill: ...g (1) 30 Subsection (2) applies to an enactment which imposes obligations on a lessor or prospective lessor of premises in relation to— (a) the letting of the premises, or (b) the premises while let. ...(2) Regulations may provide for the enactment to— (a) apply with modifications, or (b) not to apply, in relation to a tenancy granted (or to be granted) further to a contract entered into under section 194, or the premises demised by such a tenancy....cy. Levelling-up and Regeneration Bill 251 Part 10—Letting by local authorities of vacant high-street premises (3) In this section “enactment” includes an enactment comprised in subordinate legislati...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 209
The amendment allows regulations to require the provision of information within the scope of a permitted purpose. The permitted purposes are the beneficial ownership purpose, the contractual control purpose, and the national security purpose. The regulations must specify the person on whom the requirement falls, the occurrence or circumstances that give rise to the requirement, the time limit for compliance, and the person to whom the required information is to be provided.
Exemplar quote from bill: ...rences to regulations are to regulations made by the Secretary of State. 5 PART 11 INFORMATION ABOUT INTERESTS AND DEALINGS IN LAND 209 Power to require provision of certain classes of information (1)...(1) Regulations may require the provision of information that is within the scope of a permitted purpose. (2) So far as the regulations are to extend to England and Wales, the permitted purposes are— (a) the beneficial ownership purpose (see section 210), (b) the contractual control purpose (see section 211), and (c) the national security purpose (see section 212). (3) So far as the regulations are to extend to Scotland or Northern Ireland, the only permitted purpose is the national security purpose. (4) Regulations under this section must, for each requirement they impose, specify— (a) the person on whom the requirement falls, (b) the occurrence or circumstances that gives or give rise to the requirement, (c) the time limit for complying with the requirement, and (d) the person to whom the required information is to be provided....vided. (5) The occurrence or circumstances specified under subsection (4)(b)— 25 (a) must, in the case of a requirement to provide information within the scope of the national security purpose, and (b...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 210
The amendment defines the beneficial ownership purpose as the purpose of identifying persons who are beneficial owners of land in England or Wales or understanding their relationship with the land. It specifies that a person beneficially owns land if they meet the criteria set out in subsections (3) or (4). The amendment also provides definitions for expressions used in the section.
Exemplar quote from bill: ...lations to persons outside, or information held outside, the United Kingdom; (c) relate to things done or arising before the coming into force of this section. 210 The beneficial ownership purpose (1)...(1) Information is within the scope of the beneficial ownership purpose if it appears to the Secretary of State that the information would be useful for the purpose of identifying persons who are beneficial owners of land in England or Wales, or understanding the relationship of those persons with the land that they beneficially own. (2) For the purposes of this section, a person beneficially owns land if either of the following subsections applies. (3) This subsection applies where— (a) the land is owned by a body corporate or partnership, and (b) the person is, in relation to that body corporate or partnership, a beneficial owner within the meaning given by regulation 5 of the Money Laundering Regulations. (4) This subsection applies where— (a) the land is owned as part of— (i) a trust, foundation or similar legal arrangement, or (ii) the estate of a deceased person in the course of administration, and (b) the person is, in relation to that trust, foundation, arrangement or estate, a beneficial owner within the meaning given by regulation 6 of the Money Laundering Regulations. (5) In this section— (a) expressions that are also used in regulation 5 or 6 of the Money Laundering Regulations have the same meaning as in that regulation; (b) references to ownership of land (except references to beneficial ownership) are to the legal ownership of a freehold or leasehold estate in the land; (c) “the Money Laundering Regulations” means the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692)....ns 2017 (S.I. 2017/692). 254 Levelling-up and Regeneration Bill Part 11—Information about interests and dealings in land 211 The contractual control purpose (1) Information is within the scope of the...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 211
The amendment defines the contractual control purpose as the purpose of understanding relevant contractual rights, including identifying the persons holding those rights and understanding the circumstances in which they were created or acquired. Relevant contractual rights are defined as rights that arise under a contract, relate to the development, use, or disposal of land in England or Wales, and are held for the purposes of an undertaking.
Exemplar quote from bill: ...Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692). 254 Levelling-up and Regeneration Bill Part 11—Information about interests and dealings in land 211 The contractual control purpose ...(1) Information is within the scope of the contractual control purpose if it appears to the Secretary of State that the information would be useful for the purpose of understanding relevant contractual rights. (2) For the purposes of subsection (1), understanding relevant contractual rights includes identifying the persons holding them and understanding the circumstances in which they were created or acquired. (3) “Relevant contractual rights” are rights that— (a) arise under a contract, (b) relate to the development, use or disposal of land in England or Wales, and (c) are held for the purposes of an undertaking....king. (4) In this section— “contract” includes a deed (whether or not made for consideration); “undertaking” includes— 15 (a) a business, (b) a charity or similar endeavour, and (c) the exercise of fu...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
section 212
The amendment defines the national security purpose as the purpose of requiring information that relates to land within subsection (2), is within subsection (3), and is justified in the interests of national security. Land is within subsection (2) if a threat to national security arises in connection with its location or anything situated or done on it. Information is within subsection (3) if it would be useful for identifying persons who own relevant interests in the land, have relevant rights concerning the land, or have the ability to control or influence the owner of a relevant interest or a person with a relevant right, or for understanding the relationship of those persons with the land. The amendment also provides definitions for expressions used in subsection (3).
Exemplar quote from bill: ... or not made for consideration); “undertaking” includes— 15 (a) a business, (b) a charity or similar endeavour, and (c) the exercise of functions of a public nature. 212 The national security purpose ...(1) Information is within the scope of the national security purpose if— (a) the information relates to land that is within subsection (2), (b) the information is within subsection (3), and (c) it appears to the Secretary of State that requiring the provision of the information under section 209 would be justified in the interests of national security. (2) Land is within this subsection if it appears to the Secretary of State that a threat to national security arises in connection with the location of the land or anything situated or done on it. (3) Information is within this subsection if it appears to the Secretary of State that the information would be useful for the purpose of— (a) identifying persons who— (i) own relevant interests in the land, (ii) have relevant rights concerning the land, or (iii) have the ability, or are in a position that may involve the ability, to control or influence (directly or indirectly) the owner of a relevant interest in the land, or a person with a relevant right concerning the land, in the exercise of that ownership or right, or (b) understanding the relationship of those persons with the land. (4) In subsection (3)— (a) references to ownership include legal and beneficial ownership, (b) “control or influence” includes control or influence by reason of interests or rights in or under a company, partnership, trust, foundation, or legal structure or arrangement similar to any of those....n or under a company, partnership, trust, foundation, or legal structure or arrangement similar to any of those. 213 Requirements may include transactional information 5 (1) The information that may (...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Publication of overview and scrutiny committee details
The bill requires overview and scrutiny committees of CCAs to publish details of how they plan to exercise their powers in reviewing and scrutinizing decisions that have not yet been implemented, as well as their arrangements for exercising those powers.
Exemplar quote from bill: ...power to direct that a decision is not to be implemented while it is under review or scrutiny by the overview and scrutiny committee, and (b) power to recommend that the decision be reconsidered. (5) ...An overview and scrutiny committee of a CCA must publish details of how it proposes to exercise its powers in relation to the review and scrutiny of decisions made but not yet implemented and its arrangements in connection with the exercise of those powers....rs. Levelling-up and Regeneration Bill 277 Schedule 1—Combined county authorities: overview and scrutiny committees and audit committee (6) Before complying with sub-paragraph (5) an overview and scr...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Appointment of sub-committees by overview and scrutiny committees
The bill allows overview and scrutiny committees of CCAs to appoint sub-committees and delegate the discharge of their functions to these sub-committees.
Exemplar quote from bill: ...ees). (5) Subsections (2) to (5) of section 102 of the Local Government Act 1972 apply 25 to an overview and scrutiny committee of a CCA as they apply to a committee appointed under that section. (6) ...An overview and scrutiny committee of a CCA— (a) may appoint one or more sub-committees, and (b) may arrange for the discharge of any of its functions by any such sub-committee.... the mayor for the CCA’s area and deputy mayor), and (b) may invite other persons to attend meetings of the committee. 30 (7) A person on whom a requirement is imposed under sub-paragraph (6)(a) is re...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Overview and scrutiny committees as committees of principal councils
The bill treats overview and scrutiny committees of CCAs as committees or sub-committees of principal councils for the purposes of access to meetings and documents under the Local Government Act 1972.
Exemplar quote from bill: ...b-paragraph (1)(b). (3) An overview and scrutiny committee of a CCA may not include a member of the CCA (including, in the case of a mayoral CCA, the mayor for the CCA’s area or deputy mayor). (4) 20 ...An overview and scrutiny committee of a CCA is to be treated as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees).... (5) Subsections (2) to (5) of section 102 of the Local Government Act 1972 apply 25 to an overview and scrutiny committee of a CCA as they apply to a committee appointed under that section. (6) An ov...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Power of overview and scrutiny committees to require attendance and answer questions
The bill grants overview and scrutiny committees the power to require members or officers of the CCA to attend and answer questions, as well as invite other persons to attend their meetings.
Exemplar quote from bill: ...ees). (5) Subsections (2) to (5) of section 102 of the Local Government Act 1972 apply 25 to an overview and scrutiny committee of a CCA as they apply to a committee appointed under that section. (6) ...An overview and scrutiny committee of a CCA— (a) may require the members or officers of the CCA to attend before it to answer questions (including, in the case of a mayoral CCA, the mayor for the CCA’s area and deputy mayor), and (b) may invite other persons to attend meetings of the committee.... 30 (7) A person on whom a requirement is imposed under sub-paragraph (6)(a) is required to comply with the requirement. (8) A person is not obliged by sub-paragraph (6) to answer any question which 3...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Guidance for overview and scrutiny committees
The bill requires overview and scrutiny committees of CCAs to consider any guidance issued by the Secretary of State when exercising their functions.
Exemplar quote from bill: ... person is not obliged by sub-paragraph (6) to answer any question which 35 the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales. (9) ...In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a CCA must have regard to any guidance for the time being issued by the Secretary of State.... (10) 40 Guidance under sub-paragraph (9) may make different provision for different cases or for different descriptions of committee. 278 Levelling-up and Regeneration Bill Schedule 1—Combined county...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Power to make further provision about overview and scrutiny committees
The bill grants the Secretary of State the power to make regulations to provide further provisions about overview and scrutiny committees of CCAs.
Exemplar quote from bill: ...ity may hold Referendum B— (a) within the 10 year period beginning with the date of Referendum A, but (b) not later than the end of the 3 year period beginning 10 with the date consent is given. (3F) ...The Secretary of State may by regulations make further provision about overview and scrutiny committees of a CCA....d by a proposal under this section, and (b) how a proposal is to be considered by the Secretary of State.” 69 Transfer of functions: changes in governance arrangements (1) 20 The Local Government Act ...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Term of office and timing of elections for mayors
The bill establishes that the term of office for a mayor is four years. The first election for a mayor will take place on the first day of ordinary elections of councillors of a constituent council after the regulations under section 25(1) come into force. Subsequent elections will occur every fourth year on the same day as the ordinary election of councillors.
Exemplar quote from bill: ...OMBINED COUNTY AUTHORITY AREAS: FURTHER PROVISIONS ABOUT ELECTIONS Interpretation 1 In this Schedule references to a mayor are references to a mayor for the 5 area of a CCA. Timing of elections 2 (1) ...The term of office of a mayor is to be four years. The first election for the return of a mayor is to take place on the first day of ordinary elections of councillors of a constituent council to take place after the end of the period of 6 months beginning with the day on which the regulations under section 25(1) come into force. Subsequent elections for the return of a mayor are to take place in every fourth year thereafter on the same day as the ordinary election of councillors of that constituent council....tuent council. (4) But this paragraph has effect subject to any provision made under paragraph 3. 3 The Secretary of State may by regulations make provision— (a) 20 as to the dates on which and years ...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Voting at elections of mayors
The bill states that each eligible voter in an election for the return of a mayor will have one vote, which can be given to a candidate for mayor. The mayor will be elected under the simple majority system.
Exemplar quote from bill: ...to the intervals between elections for the return of a mayor, (c) as to the term of office of a mayor, and (d) as to the filling of vacancies in the office of a mayor. Voting at elections of mayors 4 ...Each person entitled to vote as an elector at an election for the return of a mayor is to have one vote which may be given for a candidate to be the mayor. The mayor is to be returned under the simple majority system....ity system. Entitlement to vote 5 The persons entitled to vote as electors at an election for the return of a 30 mayor for the area of a CCA are those who on the day of the poll— (1) (a) would be enti...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Qualifications and disqualifications for mayors
The bill establishes the qualifications for being elected and holding office as the mayor of a CCA. The person must be at least 18 years old, a qualifying citizen, and meet residency or work requirements within the electoral area of the CCA.
Exemplar quote from bill: ...or the return 25 of the mayor, but sub-paragraph (1) applies if the person is a candidate in both such elections and is returned as the mayor and as a councillor. Qualification and disqualification 7 ...In order to be qualified to be elected and to hold office as the mayor for the area of a CCA, a person must, on the relevant day, be— (a) at least 18 years old, and (b) a qualifying citizen. The person must also— (a) on and after the relevant day, be entitled (under paragraph 5) to vote in the election for the return of the mayor for that area, or (b) for the twelve months before the relevant day— (i) have occupied, as owner or tenant, land or other premises within an electoral area situated wholly or partly within the area of the CCA, (ii) had their principal or only place of work in that electoral area, or (iii) resided in that electoral area....lectoral area. 40 282 Levelling-up and Regeneration Bill Schedule 2—Mayors for combined county authority areas: further provisions about elections (3) In this paragraph— “electoral area” has the mean...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Disqualification for mayors
The bill outlines the disqualifications for being elected or holding office as the mayor of a CCA. These include holding certain paid offices or employments, being subject to certain orders or restrictions, having certain criminal convictions, being disqualified under the Representation of the People Act 1983, or being incapable of being elected or holding certain offices in Northern Ireland due to corrupt practices.
Exemplar quote from bill: ...on who is a qualifying Commonwealth citizen or a citizen of the Republic of Ireland or a relevant citizen 25 of the Union, within the meaning given in section 79 of the Local Government Act 1972;”. 8 ...A person is disqualified for being elected or holding office as the mayor for the area of a CCA if the person— (a) holds any paid office or employment (other than the office of mayor or deputy mayor) appointments or elections to which are or may be made by or on behalf of the CCA or any of the constituent councils; (b) is the subject of— (i) a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986, or (ii) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986; (c) has in the five years before being elected, or at any time since being elected, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and been sentenced to a period of imprisonment of three months or more without the option of a fine; (d) is disqualified for being elected or for being a member of a constituent council under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices); (e) is incapable of being elected to or holding— (i) the office of member of the Northern Ireland Assembly having been reported personally guilty or convicted of a corrupt practice under section 114A of the Representation of the People Act 1983 (as applied by Schedule 1 to the Northern Ireland Assembly (Elections) Regulations 2001 (SI 2001/2599)) (undue influence); (ii) the office of member of a district council in Northern Ireland having been reported personally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence)....onally guilty or convicted of a corrupt practice under paragraph 3 of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (undue influence). (2) For the purposes of sub-paragraph (1)(c), a per...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Acts of disqualified mayors
The bill states that the acts of a person elected as a mayor of a CCA, despite any disqualification or lack of qualification, are valid and effectual as if the person had not been disqualified or as if the person had been qualified.
Exemplar quote from bill: ...order, before the day on which this paragraph comes into force. 10 40 Paragraph 10 of Schedule 3 contains further provision about disqualification in the case of mayors who exercise PCC functions. 11 ...The acts of a person elected as a mayor for the area of a CCA who acts in that office are, despite any disqualification or lack of qualification— (a) in respect of being, or being elected as, a mayor, or (b) in respect of being, or being elected as, the mayor for that area, as valid and effectual as if the person had not been so disqualified or as if the person had been qualified.... mayor for that area, as valid and effectual as if the person had not been so disqualified or as if the person had been qualified. Power to make further provision 5 12 (1) The Secretary of State may b...
- ‼️ Local Democracy
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Before making regulations under sub-paragraph (1), the Secretary of State must consult the Electoral Commission.
The proposed change requires the Secretary of State to consult the Electoral Commission before making regulations under sub-paragraph (1).
Exemplar quote from bill: ... or any regulations under sub-paragraph (1), 30 amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors. (4) ...Before making regulations under sub-paragraph (1), the Secretary of State must consult the Electoral Commission.... (5) 35 In addition, the power of the Secretary of State to make regulations under sub-paragraph (1) so far as relating to matters mentioned in sub-paragraph (2)(c) is exercisable only on, and in acco...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
No return of a mayor at an election is to be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied by or incorporated in regulations under sub-paragraph (1).
The proposed change states that the return of a mayor at an election cannot be questioned except through an election petition under the provisions of Part 3 of the Representation of the People Act 1983, as applied by or incorporated in regulations under sub-paragraph (1).
Exemplar quote from bill: ...ance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money. (6) ...No return of a mayor at an election is to be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied by or incorporated in regulations under sub-paragraph (1)....y authority areas: further provisions about elections Act 1983 as applied by or incorporated in regulations under sub-paragraph (1). SCHEDULE 3 Section 31 MAYORS FOR COMBINED COUNTY AUTHORITY AREAS: ...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
This Schedule applies where regulations are made under section 31(1) providing for a mayor to exercise functions of a police and crime commissioner.
The proposed change specifies that this schedule applies when regulations are made to allow a mayor to exercise functions of a police and crime commissioner.
Exemplar quote from bill: ...isions about elections Act 1983 as applied by or incorporated in regulations under sub-paragraph (1). SCHEDULE 3 Section 31 MAYORS FOR COMBINED COUNTY AUTHORITY AREAS: PCC FUNCTIONS Introductory 5 1 ...This Schedule applies where regulations are made under section 31(1) providing for a mayor to exercise functions of a police and crime commissioner.... (1) (2) 10 A duty under this Schedule to make provision by regulations is a duty to make such provision in regulations made at any time before the first election of a mayor who, by virtue of regulati...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
The Secretary of State must by regulations provide for provision about the payment of allowances to members of a police and crime panel established by virtue of regulations under paragraph 4 who are members of a constituent council.
The proposed change requires the Secretary of State to make regulations that provide for the payment of allowances to members of a police and crime panel who are also members of a constituent council.
Exemplar quote from bill: ...0 to 40B (powers to give directions); (d) sections 54 and 55 (appointment and functions of His Majesty’s Inspectors of Constabulary); (e) section 96A(2) (national and international functions). 30 (2) ...The Secretary of State must by regulations provide for provision about the payment of allowances to members of a police and crime panel established by virtue of regulations under paragraph 4 who are members of a constituent council.... on behalf of the mayoral CCA in relation to the calculation of the component of the council tax requirement relating to the mayor’s PCC functions (see section 39(4)(a) above). 290 Levelling-up and Re...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
The Secretary of State must by regulations make provision about the matters mentioned in paragraphs (a) to (c) of section 31(1) of the 2011 Act (taking references in those paragraphs to “relevant office holders” as references to the mayor and the deputy mayor for policing and crime).
The proposed change requires the Secretary of State to make regulations that address the matters mentioned in paragraphs (a) to (c) of section 31(1) of the 2011 Act, specifically taking references to "relevant office holders" as references to the mayor and the deputy mayor for policing and crime.
Exemplar quote from bill: ...ority Areas: PCC functions the exercise of PCC functions, in circumstances corresponding to those mentioned in section 30(1) of the 2011 Act in relation to a police and crime commissioner. Conduct 9 ...The Secretary of State must by regulations make provision about the matters mentioned in paragraphs (a) to (c) of section 31(1) of the 2011 Act (taking references in those paragraphs to “relevant office holders” as references to the mayor and the deputy mayor for policing and crime)....). Disqualification 10 The Secretary of State must by regulations provide for sections 64 to 68 of 10 the 2011 Act to apply in relation to a person being, or being elected as, the (1) mayor as they ap...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
The Secretary of State must by regulations provide for sections 64 to 68 of the 2011 Act to apply in relation to a person being, or being elected as, the mayor as they apply in relation to a person being, or being elected as, a police and crime commissioner.
The proposed change requires the Secretary of State to make regulations that apply sections 64 to 68 of the 2011 Act to a person being, or being elected as, the mayor, in the same way that they apply to a person being, or being elected as, a police and crime commissioner.
Exemplar quote from bill: ...o (c) of section 31(1) of the 2011 Act (taking references in those paragraphs to “relevant office holders” as references to the mayor and the deputy mayor for policing and crime). Disqualification 10 ...The Secretary of State must by regulations provide for sections 64 to 68 of the 2011 Act to apply in relation to a person being, or being elected as, the mayor as they apply in relation to a person being, or being elected as, a police and crime commissioner....sioner. (2) 15 Provision under sub-paragraph (1) is in addition to paragraphs 7, 8 and 9 of Schedule 2. Policing protocol 11 The Secretary of State must by regulations require the mayor to have regard...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 15B
Section 15B is being inserted, which requires each local planning authority to prepare and maintain a local plan timetable specifying the matters to be dealt with in their local plan and the timetable for joint plans.
Exemplar quote from bill: ...ithdrawn under section 15AG(8), the fact 25 that the strategy was published for consultation is to be disregarded for the purposes of subsections (2) and (5). Plan timetables 15B Local plan timetable ...(1) Each local planning authority must prepare and maintain a document to be known as their “local plan timetable”.... (2) The local plan timetable must specify— 30 (a) the matters which the authority’s local plan for their area is to deal with, (b) the geographical area to which the authority’s local plan is to rela...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 15C
Section 15C is being inserted, which requires each local planning authority to prepare a local plan setting out policies for development in their area.
Exemplar quote from bill: ...inerals and waste planning authorities for their combined relevant areas under sections 15I and 15IA (as applied by section 15CB(7)). Local, minerals and waste and supplementary plans 15C Local plans ...(1) Each local planning authority must prepare a document to be known as their “local plan”....n”. (2) Only one local plan may have effect in relation to a local planning authority’s area at any one time. (3) 15 The local plan must set out policies of the local planning authority (however expre...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 15CA
Section 15CA is being inserted, which outlines the requirements for the preparation of a local plan and the considerations that must be taken into account.
Exemplar quote from bill: ...minerals and waste planning authority for any part of their area, 10 their local plan may incorporate all or part of their minerals and waste plan. 15CA Local plans: preparation and further provision ...(1) A local plan must be prepared in accordance with the local planning authority’s local plan timetable.... (2) 15 A local plan must be in general conformity with the spatial development strategy, if one is operative in relation to the area of the local planning authority. (3) The local planning authority ...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 15CB
Section 15CB is being inserted, which requires minerals and waste planning authorities to prepare a minerals and waste plan setting out policies for minerals and waste development in their area.
Exemplar quote from bill: ...e preparation of the local plan must be taken; (h) make provision as to when, or in what circumstances, a new local plan is to be prepared to replace the existing one. 15CB Minerals and waste plan (1)...(1) Each minerals and waste planning authority must, in respect of their relevant area, prepare one or more documents which are to be known collectively as their “minerals and waste plan”.... (2) The minerals and waste plan must set out policies of the minerals and waste planning authority (however expressed) in relation to 40 the amount, type and location of, and timetable for, minerals ...
- ‼️ Territorial Governance
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 5 (the Broads)
The proposed amendment replaces the reference to "61Q" with "61QM" in section 5 of the Town and Country Planning Act 1990.
Exemplar quote from bill: ...mendments in connection with Chapter 2 of Part 3 SCHEDULE 9 Section 100 STREET VOTES: MINOR AND CONSEQUENTIAL AMENDMENTS Town and Country Planning Act 1990 1 (1) TCPA 1990 is amended as follows. (2) ...In section 5 (the Broads), in subsection (3), for “61Q” substitute “61QM”.... 5 (3) In section 56 (time when development begun), in subsection (3)— (a) after “(7),” insert “61QI(8),”; (b) for “108(3E)(c)(i)” substitute “, 108(3E)(c)(i), 108(3DB)(c)(i)”. (4) 10 In section 57 (p...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 56 (time when development begun)
The proposed amendment adds "61QI(8)" after "(7)" and substitutes "108(3E)(c)(i)" with ", 108(3E)(c)(i), 108(3DB)(c)(i)" in section 56 of the Town and Country Planning Act 1990.
Exemplar quote from bill: ...ng Act 1990 1 (1) TCPA 1990 is amended as follows. (2) In section 5 (the Broads), in subsection (3), for “61Q” substitute “61QM”. 5 (3) In section 56 (time when development begun), in subsection (3)— ...(a) after “(7),” insert “61QI(8),”;... (b) for “108(3E)(c)(i)” substitute “, 108(3E)(c)(i), 108(3DB)(c)(i)”. (4) 10 In section 57 (planning permission required for development), in subsection (3), for “or a neighbourhood development order...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 57 (planning permission required for development)
The proposed amendment adds "a street vote development order" to the list of planning permissions required for development in section 57 of the Town and Country Planning Act 1990.
Exemplar quote from bill: ... (3)— (a) after “(7),” insert “61QI(8),”; (b) for “108(3E)(c)(i)” substitute “, 108(3E)(c)(i), 108(3DB)(c)(i)”. (4) 10 In section 57 (planning permission required for development), in subsection (3), ...for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.... (5) In section 58 (granting of planning permission: general), in subsection (1)(a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote develop...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 58 (granting of planning permission: general)
The proposed amendment adds "a street vote development order" to the list of planning permissions that can be granted in section 58 of the Town and Country Planning Act 1990.
Exemplar quote from bill: ... (3)— (a) after “(7),” insert “61QI(8),”; (b) for “108(3E)(c)(i)” substitute “, 108(3E)(c)(i), 108(3DB)(c)(i)”. (4) 10 In section 57 (planning permission required for development), in subsection (3), ...for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.... (5) In section 58 (granting of planning permission: general), in subsection (1)(a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote develop...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 204N(2)
The proposed amendment allows IL regulations to specify the extent to which IL paid to a charging authority must be applied to funding infrastructure of a particular description.
Exemplar quote from bill: ...ty that charges IL to apply it, or cause it to be applied, to supporting the development of an area by funding the provision, improvement, replacement, operation or maintenance of infrastructure. (2) ...IL regulations may make provision about the extent to which the IL paid to a charging authority may or must be applied to funding the provision, improvement, replacement, operation or maintenance of infrastructure of a particular description....on. (3) 20 In this section (except subsection (4)) and sections 204G, 204O(2), 204P(2) and 204Q “infrastructure” includes— (a) roads and other transport facilities, (b) flood defences, (c) schools and...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Infrastructure
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 204N(4)
The proposed amendment allows the regulations to amend the list of matters included within the meaning of "infrastructure" and to list matters that are excluded from the meaning of "infrastructure".
Exemplar quote from bill: ...rve or improve the natural environment, or 30 (ii) enable or facilitate enjoyment of the natural environment, and (j) facilities and spaces for the mitigation of, and adaption to, climate change. (4) ...The regulations may amend this section so as to— (a) add, remove or vary an entry in the list of matters included within the meaning of “infrastructure”; (b) list matters excluded from the meaning of “infrastructure”....e”. (5) 40 The regulations may make provision about circumstances in which authorities may apply a specified amount of IL, or cause a specified Levelling-up and Regeneration Bill 417 Schedule 12—Infra...
- ‼️ Infrastructure
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 204N(5)
The proposed amendment allows the regulations to specify circumstances in which authorities may apply a specified amount of IL towards purposes that are not mentioned in subsection (1).
Exemplar quote from bill: ...is section so as to— 35 (a) add, remove or vary an entry in the list of matters included within the meaning of “infrastructure”; (b) list matters excluded from the meaning of “infrastructure”. (5) 40 ...The regulations may make provision about circumstances in which authorities may apply a specified amount of IL, or cause a specified amount of IL to be applied, towards specified purposes which are not mentioned in subsection (1)....: England amount of IL to be applied, towards specified purposes which are not mentioned in subsection (1). (6) The regulations may specify— (a) 5 works, installations and other facilities whose prov...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Infrastructure
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 204O(1)
The proposed amendment allows IL regulations to require that IL received in respect of development in an area is passed to a person other than the charging authority.
Exemplar quote from bill: ...a) to (e) a reference to a charging authority includes a reference to a body to which a charging authority passes money in reliance on this paragraph). 204O Duty to pass receipts to other persons (1) ...IL regulations may require that IL received in respect of development in an area is to be passed by the charging authority that charged the IL to a person other than that authority....ty. (2) IL regulations must contain provision to secure that money passed 25 to a person in discharge of a duty under subsection (1) is used to support the development of the area to which the duty re...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Infrastructure
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 204Q(1)
The proposed amendment requires a charging authority to prepare and publish an infrastructure delivery strategy for its area.
Exemplar quote from bill: ...ect of the area to which the provision relates, or (b) such part of that IL as is specified in, or determined under 10 or in accordance with, IL regulations. 204Q Infrastructure delivery strategy (1) ...A charging authority must prepare and publish an infrastructure delivery strategy for its area.... (2) The infrastructure delivery strategy must— 15 (a) set out the strategic plans (however expressed) of the charging authority in relation to the application of IL, and (b) include such other inform...
- ‼️ Infrastructure
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 204Q(2)
The proposed amendment requires the infrastructure delivery strategy to set out the strategic plans of the charging authority in relation to the application of IL and include other prescribed information.
Exemplar quote from bill: ...etermined under 10 or in accordance with, IL regulations. 204Q Infrastructure delivery strategy (1) A charging authority must prepare and publish an infrastructure delivery strategy for its area. (2) ...The infrastructure delivery strategy must set out the strategic plans of the charging authority in relation to the application of IL, and include such other information as may be prescribed by IL regulations....be prescribed by IL regulations. (3) The infrastructure delivery strategy may and, if required by IL 20 regulations, must set out the plans (however expressed) of the charging authority in relation to...
- ‼️ Infrastructure
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 204R(1)
The proposed amendment requires IL regulations to include provision about the collection of IL.
Exemplar quote from bill: ...rastructure delivery strategies; (c) the preparation of joint infrastructure delivery strategies; (d) 35 the period of time for which infrastructure delivery strategies are valid. 204R Collection (1) ...IL regulations must include provision about the collection of IL.... (2) The regulations may make provision for payment— (a) on account; (b) by instalments. 40 422 Levelling-up and Regeneration Bill Schedule 12—Infrastructure Levy Part 1—Infrastructure Levy: England ...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 204S(1)
The proposed amendment requires IL regulations to include provision about the enforcement of IL.
Exemplar quote from bill: ...odifications) any enactment relating to the collection of a tax. (7) Regulations under this section may make provision about the source of payments in respect of Crown interests. 204S Enforcement (1) ...IL regulations must include provision about enforcement of IL.... 20 (2) The regulations must make provision about the consequences of failure to assume liability, late payment and failure to pay. (3) The regulations may make provision about the consequences of 25 ...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 204T(1)
The proposed amendment allows IL regulations to require a charging authority or other public authority to pay compensation for loss or damage resulting from enforcement action.
Exemplar quote from bill: ...n to an offence committed after that time, 51 weeks. (15) In this Part a reference to administrative expenses in connection with IL includes a reference to enforcement expenses. 204T Compensation (1) ...IL regulations may require a charging authority or other public authority to pay compensation in respect of loss or damage suffered as a result of enforcement action....on. (2) In this section, “enforcement action” means action taken under regulations under section 204S, including— (a) the suspension or cancellation of a decision relating to 25 planning permission, (...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 204U(1)
The proposed amendment allows IL regulations to include provision about procedures to be followed in connection with IL.
Exemplar quote from bill: ...ination of any such question, the provisions of section 4 of the Land Compensation Act 1961 apply subject to any necessary modifications and to the provisions of IL regulations. 204U Procedure 10 (1) ...IL regulations may include provision about procedures to be followed in connection with IL.... (2) In particular, the regulations may make provision about— (a) 15 procedures to be followed by a charging authority in relation to charging IL; (b) consultation; (c) valuation, including provision ...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Secretary of State: guidance
The Secretary of State may provide guidance to charging authorities or other public authorities regarding any matter related to IL, and these authorities must consider the guidance.
Exemplar quote from bill: ... defendant is to be such person as is specified in the regulations (and the regulations may also specify a person who is not to be the defendant for these purposes). 204W Secretary of State: guidance ...The Secretary of State may give guidance to a charging authority or other public authority (including an examiner appointed under this Part) about any matter connected with IL; and the authority must have regard to the guidance....ce. 204X 20 Secretary of State: power to permit alteration of IL rates and thresholds (1) Subsections (2) to (4) apply in relation to a charging authority— (a) if the Secretary of State considers that...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Local Government Act 1972
An amendment is made to the Local Government Act 1972, stating that the Infrastructure Levy under Part 10A of the Planning Act 2008 is not considered a rate for the purposes of the Act.
Exemplar quote from bill: ...pecified in the regulations.” 432 Levelling-up and Regeneration Bill Schedule 12—Infrastructure Levy Part 1—Infrastructure Levy: England PART 2 CONSEQUENTIAL AMENDMENTS Local Government Act 1972 2 5 ...In section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities), after subsection (6) insert— “(6ZA) Infrastructure Levy under Part 10A of the Planning Act 2008 is not a rate for the purposes of subsection (6).”... TCPA 1990 3 10 In section 70(4) of the TCPA 1990 (determination of applications: general considerations), in paragraph (b) of the definition of “local finance consideration”, after “payment of” inser...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
TCPA 1990
An amendment is made to the TCPA 1990, specifying that in the determination of applications, the "local finance consideration" includes the payment of the Infrastructure Levy.
Exemplar quote from bill: ...e of functions by local authorities), after subsection (6) insert— “(6ZA) Infrastructure Levy under Part 10A of the Planning Act 2008 is not a rate for the purposes of subsection (6).” TCPA 1990 3 10 ...In section 70(4) of the TCPA 1990 (determination of applications: general considerations), in paragraph (b) of the definition of “local finance consideration”, after “payment of” insert “Infrastructure Levy or”.... Deregulation and Contracting Out Act 1994 4 In section 71(3) of the Deregulation and Contracting Out Act 1994 (functions 15 excluded from sections 69 and 70), omit the word “and” at the end of paragr...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Deregulation and Contracting Out Act 1994
An amendment is made to the Deregulation and Contracting Out Act 1994, excluding sections 204R and 204S of the Planning Act 2008 (related to the collection and enforcement of the Infrastructure Levy) from sections 69 and 70 of the Act.
Exemplar quote from bill: ...ications: general considerations), in paragraph (b) of the definition of “local finance consideration”, after “payment of” insert “Infrastructure Levy or”. Deregulation and Contracting Out Act 1994 4 ...In section 71(3) of the Deregulation and Contracting Out Act 1994 (functions excluded from sections 69 and 70), omit the word “and” at the end of paragraph (h) and after that paragraph insert— “(ha) sections 204R and 204S of the Planning Act 2008 (Infrastructure Levy: collection and enforcement); and”....d”. Planning Act 2008 5 The Planning Act 2008 is amended as follows. 6 In the following sections, for “Part 11”, in each place it occurs, substitute 20 “Parts 10A and 11”— (a) section 32 (meaning of “...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Planning Act 2008
Amendments are made to the Planning Act 2008, substituting "Parts 10A and 11" for "Part 11" in several sections, and adding "10A or" after "Part" in section 232(1)(d).
Exemplar quote from bill: ...osal” has the meaning given by section 61QD(2)(a)(i).” (3) 20 Schedule 9 contains minor and consequential amendments in connection with this section. 101 Street votes: community infrastructure levy (1...5 The Planning Act 2008 is amended as follows.... (2) In section 211(10) (amount of levy)— (a) at the beginning insert “Except where subsection (11) applies,”, and (b) from “, 213” to the end substitute “to 213 and 214(1) and (2) apply in 25 relatio...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Regulation 85D
Regulation 85D is being inserted, which provides definitions for various terms related to nutrient pollution standards.
Exemplar quote from bill: ...y the direction or revocation, and (iv) any other persons that the Secretary of State considers appropriate, and (b) publish the direction or revocation. 85D Regulations 85A to 85C: interpretation 20 ...(1) In regulations 85A to 85C and this regulation, the following terms have the meanings given by section 96J of the Water Industry Act 1991— “nitrogen significant plant”; “nitrogen nutrient pollution standard”; 25 “nutrient pollution standard”; “phosphorus significant plant”; “phosphorus nutrient pollution standard”; “plant”; “sewerage system”, in relation to a sewerage undertaker; 30 “treated effluent”; “upgrade date”.... (2) For the purposes of regulations 85A and 85B, “outperformance” by a plant, in relation to a nutrient pollution standard, occurs where— (a) the plant meets the standard before the upgrade date, or ...
- ‼️ Environmental Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Regulation 110C
Regulation 110C is being inserted, which provides definitions for various terms related to nutrient pollution standards.
Exemplar quote from bill: ...e direction or revocation, and (iv) any other persons that the Secretary of State considers appropriate, and (b) publish the direction or revocation. 110C Regulations 110A and 110B: interpretation 20 ...(1) In regulations 110A and 110B and this regulation, the following terms have the meanings given by section 96J of the Water Industry Act 1991— “nitrogen significant plant”; “nitrogen nutrient pollution standard”; 25 “nutrient pollution standard”; “phosphorus significant plant”; “phosphorus nutrient pollution standard”; “plant”; “sewerage system”, in relation to a sewerage undertaker; 30 “treated effluent”; “upgrade date”.... (2) For the purposes of regulation 110A, “outperformance” by a plant, in relation to a nutrient pollution standard, occurs where— (a) the plant meets the standard before the upgrade date, or 35 (b) t...
- ‼️ Environmental Impact
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 4
This change adds a new section to the bill, section 4. It outlines the process for revising the current statement of levelling-up missions if a Minister of the Crown considers that the mission progress methodology and metrics, or the target date for the delivery of a levelling-up mission, should be changed. The Minister has the authority to revise the statement, publish a statement explaining the changes, and lay the revised statement before each House of Parliament.
Exemplar quote from bill: ...an 4 days. Levelling-up and Regeneration Bill 3 Part 1—Levelling-up missions Revision of methodology and metrics or target dates 4 Changes to mission progress methodology and metrics or target dates ...(1) This section applies if a Minister of the Crown considers that the mission progress methodology and metrics, or the target date for the delivery of a levelling-up mission, in the current statement of levelling-up missions should be changed. (2) The Minister— (a) may revise the current statement of levelling-up missions so as to change the mission progress methodology and metrics or (as the case may be) target date, and (b) as soon as is reasonably practicable after doing so, must— (i) publish a statement setting out the reasons for the mission progress methodology and metrics, or target date, being changed, and (ii) lay the revised statement of levelling-up missions before each House of Parliament and then publish it. (3) The current statement of levelling-up missions has effect with the revisions made under subsection (2) on and after the day on which it is published after being laid before each House of Parliament....liament. Review of missions 20 5 Reviews of statements of levelling-up missions (1) A Minister of the Crown must review the current statement of levelling-up missions, in accordance with this section....
- ‼️ Economic Impact
(Variously affected)
- ‼️ Political Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 5
This change adds a new section to the bill, section 5. It establishes a process for reviewing the current statement of levelling-up missions. The first review must be completed within five years of the first day of the mission period, and subsequent reviews must be completed within five years of the previous review. The purposes of the review are to assess the effectiveness of the levelling-up missions, determine whether they should continue or be changed, and consider additional missions that the government should pursue. A report on the review must be laid before each House of Parliament and published. If the report concludes that the government should not continue with the current missions, the Minister of the Crown must revise the statement and lay the revised statement before each House of Parliament.
Exemplar quote from bill: ...isions made under subsection (2) on and after the day on which it is published after being laid before each House of Parliament. Review of missions 20 5 Reviews of statements of levelling-up missions ...(1) A Minister of the Crown must review the current statement of levelling-up missions, in accordance with this section. (2) The first review of the current statement of levelling-up missions must be completed, and a report on that review published, within the period of five years beginning with the first day of the mission period in that statement. (3) Subsequent reviews of the current statement of levelling-up missions must be completed, and the report on the review published, within the period of five years beginning with the day on which the report on the previous review was published. (4) But a final review of the current statement of levelling-up missions must be completed, and the report on the review published, before a new statement is laid before each House of Parliament in accordance with section 1(8). (5) The purposes of a review under this section are to— (a) consider whether His Majesty’s Government pursuing the levelling-up missions in the current statement of levelling-up missions is effectively contributing to the reduction of geographical disparities in the United Kingdom, (b) conclude whether His Majesty’s Government should continue to pursue those levelling-up missions and, if not, what the levelling-up missions are instead to be, and (c) consider whether there are any additional levelling-up missions which His Majesty’s Government should pursue. (6) As soon as is reasonably practicable after the conclusion of a review under this section, a Minister of the Crown must lay a report on the review before each House of Parliament and then publish it. (7) The report on a review under this section must— (a) state whether His Majesty’s Government considers that pursuing the levelling-up missions in the current statement of levelling-up missions is effectively contributing to the reduction of geographical disparities in the United Kingdom, (b) state whether His Majesty’s Government has concluded that it should continue to pursue those levelling-up missions and, if not, what the levelling-up missions are instead to be, (c) state whether there are any additional levelling-up missions which His Majesty’s Government considers it should pursue, and (d) set out reasons for the statements under paragraphs (a) to (c). (8) Subsections (9) to (11) do not apply in relation to a report on the final review of the current statement of levelling-up missions. (9) If the report states that His Majesty’s Government has concluded that it should not continue to pursue the levelling-up missions in the current statement of levelling-up missions— (a) a Minister of the Crown must revise the statement— (i) so that it instead contains the levelling-up missions that His Majesty’s Government is to pursue for the remaining mission period, and (ii) to make any changes to the mission progress methodology and metrics that the Minister considers appropriate in consequence of doing so, and (b) as soon as is reasonably practicable after revising it, the Minister must lay the revised statement before each House of Parliament and then publish it. (10) If the report states that His Majesty’s Government considers that it should pursue an additional levelling-up mission— (a) a Minister of the Crown must revise the current statement of levelling-up missions so as to— (i) add the levelling-up mission, and (ii) make any changes to the mission progress methodology and metrics that the Minister considers appropriate in consequence of doing so, and (b) as soon as is reasonably practicable after revising it, the Minister must lay the revised statement before each House of Parliament and then publish it. (11) The current statement of levelling-up missions has effect with the revisions made under subsection (9)(a) or (10)(a) on and after the day on which the revised statement is published after being laid before each House of Parliament....the revisions made under subsection (9)(a) or (10)(a) on and after the day on which the revised statement is published after being laid before each House of Parliament. General 6 Interpretation of Par...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Political Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 7
This change adds a new section to the bill, section 7. It grants the Secretary of State the power to establish a combined county authority (CCA) as a body corporate for an area that meets certain conditions. The area must be wholly within England and consist of the whole area of a two-tier county council and the whole area of one or more of a two-tier county council, a unitary county council, or a unitary district council. The regulations must specify the name by which the CCA is to be known.
Exemplar quote from bill: ...p missions” has the meaning given by section 1(2). PART 2 LOCAL DEMOCRACY AND DEVOLUTION CHAPTER 1 25 COMBINED COUNTY AUTHORITIES CCAs and their areas 7 Combined county authorities and their areas (1)...(1) The Secretary of State may by regulations establish as a body corporate a combined county authority (a “CCA”) for an area that meets the following conditions. (2) Condition A is that the area is wholly within England and consists of— (a) the whole of the area of a two-tier county council, and (b) the whole of one or more of— (i) the area of a two-tier county council, (ii) the area of a unitary county council, or (iii) the area of a unitary district council. (3) Condition B is that no part of the area forms part of— (a) the area of another CCA, (b) the area of a combined authority, or (c) the integrated transport area of an Integrated Transport Authority. (4) Regulations under subsection (1) must specify the name by which the CCA is to be known....ated Transport Authority. 5 (4) Regulations under subsection (1) must specify the name by which the CCA is to be known. (5) In this Chapter— 10 “combined authority” means a combined authority establis...
- ‼️ Political Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 8
This change adds a new section to the bill, section 8. It grants the Secretary of State the power to make regulations about the constitutional arrangements of a combined county authority (CCA). Constitutional arrangements include the membership of the CCA, the voting powers of members, the executive arrangements, and the functions of any executive body of the CCA.
Exemplar quote from bill: ...areas of district councils; “unitary district council” means a district council whose area does not 20 form part of the area of a county council. Constitution of CCAs 8 Constitutional arrangements (1)...(1) The Secretary of State may by regulations make provision about the constitutional arrangements of a CCA. (2) “Constitutional arrangements” in relation to a CCA means— (a) the membership of the CCA (including the number and appointment of members of the CCA and the remuneration of, and pensions or allowances payable to or in respect of, any member of the CCA); (b) the voting powers of members of the CCA (including provision for different weight to be given to the vote of different descriptions of member); (c) the executive arrangements of the CCA; (d) the functions of any executive body of the CCA....CA. (3) In subsection (2)(c) “executive arrangements” means— 35 (a) the appointment of an executive; (b) the functions of the CCA which are the responsibility of an executive; (c) the functions of the...
- ‼️ Political Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 9
This change adds a new section to the bill, section 9. It allows a combined county authority (CCA) to designate a body other than a constituent council as a nominating body. The nominating body can nominate a representative to be a non-constituent member of the CCA. Non-constituent members are non-voting members, unless the voting members decide otherwise. Associate members are not allowed to vote on resolutions related to non-constituent members or the making of regulations under this Chapter.
Exemplar quote from bill: ...s— (a) a county council for an area within the CCA’s area or proposed area, or (b) a unitary district council for an area within the CCA’s area or proposed 15 area. 9 Non-constituent members of a CCA ...(1) A CCA may designate a body other than a constituent council as a nominating body for the purposes of this Chapter. (2) A nominating body may be designated under subsection (1) only if the body consents to the designation. (3) A nominating body of a CCA may nominate a representative of the body for appointment by the CCA as a member (a “non-constituent member”). (4) The non-constituent members of a CCA are to be non-voting members of that authority unless the voting members resolve otherwise. (5) An associate member (see section 10) may not vote on a resolution under subsection (4). (6) A resolution under subsection (4) does not permit non-constituent members to vote on a decision whether the CCA should consent to the making of regulations under this Chapter.... Chapter. 10 Associate members of a CCA (1) A CCA may appoint an individual to be a member (“an associate member”) of the CCA. (2) 35 The associate members of a CCA are to be non-voting members of the...
- ‼️ Political Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 10
This change adds a new section to the bill, section 10. It allows a combined county authority (CCA) to appoint individuals as associate members. Associate members are non-voting members, unless the voting members decide otherwise. Non-constituent members are not allowed to vote on resolutions related to associate members or the making of regulations under this Chapter.
Exemplar quote from bill: ...ion under subsection (4) does not permit non-constituent members 30 to vote on a decision whether the CCA should consent to the making of regulations under this Chapter. 10 Associate members of a CCA ...(1) A CCA may appoint an individual to be a member (“an associate member”) of the CCA. (2) The associate members of a CCA are to be non-voting members of the CCA unless the voting members resolve otherwise. (3) A non-constituent member may not vote on a resolution under subsection (2). (4) A resolution under subsection (2) does not permit associate members to vote on a decision whether the CCA should consent to the making of regulations under this Chapter....sociate members to vote on a decision whether the CCA should consent to the making of regulations under this Chapter. 11 Regulations about members (1) The Secretary of State may by regulations make pr...
- ‼️ Political Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 11
This change adds a new section to the bill, section 11. It grants the Secretary of State the power to make regulations about various aspects of the members of a combined county authority (CCA). This includes constituent members, the mayor in their capacity as a member, nominating bodies, non-constituent members, and associate members.
Exemplar quote from bill: ...authority should consent to the making of an order under this Part. (5) 5 This section is subject to regulations under section 104C(4) (disapplication of this section). 104C Regulations about members ...(1) The Secretary of State may by regulations make provision about— (a) constituent members of a CCA; (b) the mayor for the area of a CCA in the mayor’s capacity as a member of the CCA; (c) nominating bodies of a CCA; (d) non-constituent members of a CCA; (e) associate members of a CCA....uent members of a combined authority; (e) associate members of a combined authority. (2) 15 The provision that may be made by regulations under subsection (1) includes, in particular, provision about—...
- ‼️ Political Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 12
This change adds a new section to the bill, section 12. It establishes a process for reviewing the constitutional provision of a combined county authority (CCA). An appropriate person can propose a review, which requires the consent of the CCA. If a review is carried out, the appropriate person can propose changes to the constitutional provision for agreement by the CCA. The decision to consent or agree to changes is made by a simple majority of the voting members of the CCA. In the case of a mayoral CCA, the majority for changes must include the mayor. The section also defines "appropriate person" as a member of the CCA appointed by a constituent council or the mayor if it is a mayoral CCA.
Exemplar quote from bill: ...) appointed by a constituent council. 10 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 1—Combined county authorities 12 Review of CCA’s constitutional arrangements ...(1) This section applies if regulations under section 8(1) (constitution of CCA) enable a CCA to make provision about its constitution (“constitutional provision”). (2) An appropriate person may carry out a review of the CCA’s constitutional provision if— (a) an appropriate person proposes a review, and (b) the CCA consents to the review. (3) If an appropriate person carries out a review under subsection (2), they may propose changes to the CCA’s constitutional provision as a result of the review for agreement by the CCA. (4) The question of whether to consent under subsection (2)(b) or to agree to changes proposed under subsection (3) is to be decided at a meeting of the CCA by a simple majority of the voting members of the CCA who are present at the meeting. (5) In the case of a mayoral CCA— (a) a majority in favour of consenting under subsection (2)(b) does not need to include the mayor, but (b) a majority in favour of changes proposed under subsection (3) must include the mayor. (6) The reference in subsection (4) to a voting member— (a) includes a substitute member who may act in place of a voting member; (b) does not include a non-constituent or associate member. (7) In this section “appropriate person”, in relation to a CCA, means— (a) a member of the CCA appointed by a constituent council, or (b) the mayor for the area of the CCA, if it is a mayoral CCA (see section 25(8))....ection 25(8)). 13 Overview and scrutiny committees (1) Schedule 1 makes provision for CCAs to have overview and scrutiny 30 committees and audit committees. (2) Provision made by regulations under sec...
- ‼️ Political Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 13
This change adds a new section to the bill, section 13. It states that Schedule 1 makes provision for combined county authorities (CCAs) to have overview and scrutiny committees and audit committees. The provision made by regulations under section 8(1) is subject to the provisions in Schedule 1.
Exemplar quote from bill: ... a CCA, means— 25 (a) a member of the CCA appointed by a constituent council, or (b) the mayor for the area of the CCA, if it is a mayoral CCA (see section 25(8)). 13 Overview and scrutiny committees ...(1) Schedule 1 makes provision for CCAs to have overview and scrutiny committees and audit committees. (2) Provision made by regulations under section 8(1) is subject to that Schedule....le. 14 Funding (1) The Secretary of State may by regulations make provision— (a) for the costs of a CCA to be met by its constituent councils, and 35 (b) about the basis on which the amount payable by...
- ‼️ Political Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 14
This change adds a new section to the bill, section 14. It grants the Secretary of State the power to make regulations regarding the funding of a combined county authority (CCA). The regulations can provide for the costs of the CCA to be met by its constituent councils and determine the basis on which the amount payable by each constituent council is to be determined.
Exemplar quote from bill: ... (1) Schedule 1 makes provision for CCAs to have overview and scrutiny 30 committees and audit committees. (2) Provision made by regulations under section 8(1) is subject to that Schedule. 14 Funding ...(1) The Secretary of State may by regulations make provision— (a) for the costs of a CCA to be met by its constituent councils, and (b) about the basis on which the amount payable by each constituent council is to be determined....ed. Levelling-up and Regeneration Bill 11 Part 2—Local democracy and devolution Chapter 1—Combined county authorities (2) Regulations under subsection (1) may be made in relation to a CCA only with t...
- ‼️ Political Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 15
This change adds a new section to the bill, section 15. It allows a combined county authority (CCA) to change its name by passing a resolution at a specially convened meeting. The resolution must be passed by at least two-thirds of the members who vote on it. The CCA must send notice of the name change to the Secretary of State and publish the notice as directed. The change of name does not affect the rights or obligations of the CCA or any other person, and legal proceedings can continue as if there had been no change of name.
Exemplar quote from bill: ...onstituent councils, and (b) in the case of regulations in relation to an existing CCA, the CCA. (3) Subsection (1) is subject to regulations under section 11(1) (CCA membership). 5 15 Change of name ...(1) A CCA may, by a resolution in relation to which the requirements mentioned in subsection (2) are met, change the name by which it is known. (2) The requirements are— (a) that the resolution is considered at a meeting of the CCA which is specially convened for the purpose, (b) that particulars of the resolution were included in the notice of the meeting, and (c) that the resolution is passed at the meeting by not less than two-thirds of the members of the CCA who vote on it. (3) A CCA which changes its name under this section must— (a) send notice of the change to the Secretary of State, and (b) publish the notice in such manner as the Secretary of State may direct. (4) A change of name under this section does not affect the rights or obligations of the CCA concerned or any other person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.... of name. Functions of CCAs 16 Local authority functions (1) The Secretary of State may by regulations provide for a function of a county 25 council or a district council that is exercisable in relati...
- ‼️ Political Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
New Section 9NC of the Local Government Act 2000
New Section 9NC is introduced, which outlines the process for transfer of functions and changes in governance arrangements that are not subject to a referendum. It requires the local authority to notify the Secretary of State of the proposed change and allows the Secretary of State to consider whether the regulations should be amended or revoked. The local authority may not pass the resolution until the regulations have been amended or revoked if the Secretary of State deems it necessary.
Exemplar quote from bill: ...of functions: changes in governance 5 arrangements) for further provision about referendums under section 9MC.” (5) After section 9NB insert— “Transfer of functions: changes in governance arrangements...“9NC Transfer of functions: changes in governance arrangements not subject to a referendum (1) This section applies where— (a) the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority, (b) the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and (c) that change is not— (i) subject to approval in a referendum under section 9M, or (ii) required to be implemented by the local authority in accordance with section 9MF(4) (referendums under sections 9MC to 9ME). (2) The local authority may not pass the resolution unless the local authority complies with this section. (3) The local authority must notify the Secretary of State of the proposed change in governance arrangements. (4) Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016). (5) The Secretary of State must notify the local authority of the decision under subsection (4). (6) If the Secretary of State considers that the regulations should be amended or revoked, the local authority may not pass the resolution until the regulations have been so amended or revoked. (7) If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may pass the resolution.”...pass the resolution. Levelling-up and Regeneration Bill 67 Part 2—Local democracy and devolution Chapter 2—Other provision (8) In this section— “function” has the same meaning as in section 16 of the...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
New Section 9ND of the Local Government Act 2000
New Section 9ND is introduced, which outlines the process for transfer of functions and changes in governance arrangements that are subject to a referendum. It requires the local authority to notify the Secretary of State of the proposed change and allows the Secretary of State to consider whether the regulations should be amended or revoked. The local authority may not hold the referendum or pass the resolution until the regulations have been amended or revoked if the Secretary of State deems it necessary.
Exemplar quote from bill: ...rity to vary its executive arrangements so that they provide for a leader and cabinet executive. (9) This section is subject to section 9KC(3) and (4) (timing of change in 10 governance arrangements)....“9ND Transfer of functions: changes in governance arrangements subject to a referendum (1) This section applies where— (a) the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority, (b) the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and (c) that change is subject to approval in a referendum under section 9M. (2) This section also applies where— (a) the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 that provide for a function to be exercisable by a local authority, and (b) the local authority is required by regulations under section 9MC (referendum following petition) to hold a referendum on whether the authority should make a relevant change in governance arrangements. (3) The local authority may not— (a) hold the referendum mentioned in subsection (1)(c) or (2)(b), or (b) pass a resolution which makes the proposed change in governance arrangements, unless the local authority complies with this section. (4) The local authority must notify the Secretary of State of the proposed change in governance arrangements. (5) Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) or (2)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016). (6) The Secretary of State must notify the local authority of the decision under subsection (5). (7) If the Secretary of State considers that the regulations should be amended or revoked— (a) the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b), but (b) if the result of the referendum is to approve the proposals, the local authority may not pass a resolution which makes the proposed change in governance arrangements until the regulations have been so amended or revoked. (8) If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b) and (if the result of the referendum is to approve the proposals) pass the resolution.”... mentioned in subsection (1)(c) or (2)(b) and (if the result of the referendum is to approve the proposals) pass the resolution. (9) In this section “function” and “relevant change in governance 20 ar...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 9A
This change inserts a new section, 9A, which requires Natural England to review maps of open country and registered common land in England and determine if any changes need to be made.
Exemplar quote from bill: ...cademy school in circumstances where paragraph 9A(1) of Schedule 1 to the Academies Act 2010 applies.” 226 Open access mapping 35 (1) The Countryside and Rights of Way Act 2000 is amended as follows. ...(2) After section 9 (maps in conclusive form) insert— “9A Review of maps (England) (1) 40 This section applies where a map has been issued in conclusive form for the purposes of this Part in respect of any area in England. (2) Natural England must before 1 January 2031, to the extent that they consider appropriate, carry out a review of whether— (a) any land shown on that map as open country or registered 5 common land is open country or registered common land at the time of the review, and (b) any land in that area which is not so shown ought to be so shown. (3) Regulations may require Natural England to carry out subsequent 10 reviews, in respect of such matters and in respect of such circumstances as may be prescribed.”...rs and in respect of such circumstances as may be prescribed.” (3) In section 10 (review of maps)— (a) at the end of the heading insert “(Wales)”; (b) in subsection (1), after “area” insert “in Wales”...
- ‼️ Environmental Protection
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 9A
This change inserts a new section, 9A, which requires Natural England to review maps of open country and registered common land in England and determine if any changes need to be made.
Exemplar quote from bill: ...cademy school in circumstances where paragraph 9A(1) of Schedule 1 to the Academies Act 2010 applies.” 226 Open access mapping 35 (1) The Countryside and Rights of Way Act 2000 is amended as follows. ...(2) After section 9 (maps in conclusive form) insert— “9A Review of maps (England) (1) 40 This section applies where a map has been issued in conclusive form for the purposes of this Part in respect of any area in England. (2) Natural England must before 1 January 2031, to the extent that they consider appropriate, carry out a review of whether— (a) any land shown on that map as open country or registered 5 common land is open country or registered common land at the time of the review, and (b) any land in that area which is not so shown ought to be so shown. (3) Regulations may require Natural England to carry out subsequent 10 reviews, in respect of such matters and in respect of such circumstances as may be prescribed.”...rs and in respect of such circumstances as may be prescribed.” (3) In section 10 (review of maps)— (a) at the end of the heading insert “(Wales)”; (b) in subsection (1), after “area” insert “in Wales”...
- ‼️ Environmental Protection
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 2
This change inserts a new section, 9A, which requires Natural England to review maps of open country and registered common land in England and determine if any changes need to be made.
Exemplar quote from bill: ...cademy school in circumstances where paragraph 9A(1) of Schedule 1 to the Academies Act 2010 applies.” 226 Open access mapping 35 (1) The Countryside and Rights of Way Act 2000 is amended as follows. ...(2) After section 9 (maps in conclusive form) insert— “9A Review of maps (England) (1) 40 This section applies where a map has been issued in conclusive form for the purposes of this Part in respect of any area in England. (2) Natural England must before 1 January 2031, to the extent that they consider appropriate, carry out a review of whether— (a) any land shown on that map as open country or registered 5 common land is open country or registered common land at the time of the review, and (b) any land in that area which is not so shown ought to be so shown. (3) Regulations may require Natural England to carry out subsequent 10 reviews, in respect of such matters and in respect of such circumstances as may be prescribed.”...rs and in respect of such circumstances as may be prescribed.” (3) In section 10 (review of maps)— (a) at the end of the heading insert “(Wales)”; (b) in subsection (1), after “area” insert “in Wales”...
- ‼️ Environmental Protection
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 9A
This change inserts a new section, 9A, which requires Natural England to review maps of open country and registered common land in England and determine if any changes need to be made.
Exemplar quote from bill: ...cademy school in circumstances where paragraph 9A(1) of Schedule 1 to the Academies Act 2010 applies.” 226 Open access mapping 35 (1) The Countryside and Rights of Way Act 2000 is amended as follows. ...(2) After section 9 (maps in conclusive form) insert— “9A Review of maps (England) (1) 40 This section applies where a map has been issued in conclusive form for the purposes of this Part in respect of any area in England. (2) Natural England must before 1 January 2031, to the extent that they consider appropriate, carry out a review of whether— (a) any land shown on that map as open country or registered 5 common land is open country or registered common land at the time of the review, and (b) any land in that area which is not so shown ought to be so shown. (3) Regulations may require Natural England to carry out subsequent 10 reviews, in respect of such matters and in respect of such circumstances as may be prescribed.”...rs and in respect of such circumstances as may be prescribed.” (3) In section 10 (review of maps)— (a) at the end of the heading insert “(Wales)”; (b) in subsection (1), after “area” insert “in Wales”...
- ‼️ Environmental Protection
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 2003
The amendment adds "combined county authority" as an additional entity that can be substituted in certain paragraphs of the Local Government Act 2003.
Exemplar quote from bill: ...h (1), for “or combined authority’s” substitute “, combined authority’s or combined county authority’s”; (b) 25 in sub-paragraph (4), after “combined authority” insert “or combined county authority”. ...(6) In each of paragraphs 11B(1) and 11C(1) and (3), for “or a combined authority” substitute “, a combined authority or a combined county authority”.... Local Government Act 2003 (c. 26) 149 The Local Government Act 2003 is amended as follows. 30 150 Section 23 (meaning of “local authority” for the purposes of Part 1) is amended as follows. (1) (2) A...
- ‼️ Local Government
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 2003
The amendment specifies that the Local Government Act 2003 applies to combined county authorities (CCA) established under the Levelling-up and Regeneration Act 2023, with the exception that the power to borrow money is limited to functions specified in regulations made by the Secretary of State.
Exemplar quote from bill: ...decisions and directions), in subsection (3), after paragraph (b) insert— “(ba) any decision on an appeal under section 93I;”. 8 In section 285 (validity of notices), before subsection (1) insert— 15 ...(8A) “This Part applies in relation to a combined county authority (a “CCA”) established under section 7(1) of the Levelling-up and Regeneration Act 2023 as it applies in relation to a local authority, except that section 1 confers power on a CCA to borrow money in relation only to functions of the CCA that are specified for the 312 Levelling-up and Regeneration Bill Schedule 4—Combined county authorities: consequential amendments purposes of this subsection in regulations made by the Secretary of State....ngs, or in any proceedings under this Act which are not legal proceedings, on the ground of non-compliance with any requirement of paragraph 10 of Schedule 1.” 10 In section 289 (appeals to High Court...
- ‼️ Local Government
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 2003
The amendment requires the consent of each county council and unitary district council within the area of a combined county authority (CCA) for the specification of a function of the CCA in regulations.
Exemplar quote from bill: ...e specified for the 312 Levelling-up and Regeneration Bill Schedule 4—Combined county authorities: consequential amendments purposes of this subsection in regulations made by the Secretary of State. ...(8B) A function of a CCA may be specified in regulations under subsection (8A) only with the consent of— (a) each county council for an area within the CCA’s area or 5 proposed area, (b) each unitary district council for an area within the CCA’s area or proposed area, and (c) 10 in the case of regulations in relation to an existing CCA, the CCA. In this subsection “unitary district council” means a district council whose area does not form part of the area of a county council.... (8C) The reference in subsection (8A) to functions of the authority includes, in the case of a mayoral CCA, mayoral functions. (8D) In subsection (8C)— 15 “mayoral CCA” has the meaning given by secti...
- ‼️ Local Government
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Government Act 2003
The amendment clarifies that the reference to functions of the authority in subsection (8A) includes mayoral functions in the case of a mayoral combined county authority (CCA).
Exemplar quote from bill: ... the case of regulations in relation to an existing CCA, the CCA. In this subsection “unitary district council” means a district council whose area does not form part of the area of a county council. ...(8C) The reference in subsection (8A) to functions of the authority includes, in the case of a mayoral CCA, mayoral functions. (8D) In subsection (8C)— 15 “mayoral CCA” has the meaning given by section 25(8) of the Levelling-up and Regeneration Act 2023; “mayoral functions” has the meaning given by section 39(8) of that Act.”... (3) In subsection (10), after “(5)” insert “or (8A)”. 20 151 In section 33(1) (local authorities for the purposes of Chapter 1 of Part 2), after paragraph (jc) insert— “(jd) a combined county authori...
- ‼️ Local Government
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Planning and Compulsory Purchase Act 2004
The amendment adds "combined county authority" to the heading and section of the Planning and Compulsory Purchase Act 2004, specifically in relation to default powers.
Exemplar quote from bill: ...on Bill 313 Schedule 4—Combined county authorities: consequential amendments Planning and Compulsory Purchase Act 2004 (c. 5) 154 The Planning and Compulsory Purchase Act 2004 is amended as follows. ...155 In section 27A (default powers), in the heading and in the section, after “combined authority” insert “, combined county authority”.... 156 Schedule A1 (default powers exercisable by Mayor of London, combined 5 authority or county council) is amended as follows. (1) (2) In the heading, after “combined authority” insert “, combined co...
- ‼️ Town and Country Planning
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Planning and Compulsory Purchase Act 2004
The amendment adds a new paragraph to the Schedule of the Planning and Compulsory Purchase Act 2004, specifying the default powers exercisable by a combined county authority (CCA) established under the Levelling-up and Regeneration Act 2023.
Exemplar quote from bill: ...(default powers exercisable by Mayor of London, combined 5 authority or county council) is amended as follows. (1) (2) In the heading, after “combined authority” insert “, combined county authority”. ...(3) After paragraph 7 insert— “Default powers exercisable by combined county authority 10 7ZA In this Schedule— “combined county authority” means a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023;... “constituent planning authority” in relation to a combined 15 county authority, means— (a) a county council, metropolitan district council or non-metropolitan district council which is the local 20 p...
- ‼️ Town and Country Planning
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Planning and Compulsory Purchase Act 2004
The amendment allows a combined county authority (CCA) to prepare or revise a development plan document if the Secretary of State believes that a constituent planning authority is failing or omitting to do so.
Exemplar quote from bill: ...ty for an area within the area of the combined county authority, or (b) a joint committee established under section 29 whose area is within, or the same as, the area of the combined county authority. ...7ZB If the Secretary of State— (a) thinks that a constituent planning authority are failing or 25 omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document, and (b) 30 invites the combined county authority to prepare or revise the document, the combined county authority may prepare or revise (as the case may be) the development plan document.... 7ZC This paragraph applies where a development plan document is 35 prepared or revised by a combined county authority under paragraph 7ZB. (1) (2) The combined county authority must hold an independe...
- ‼️ Town and Country Planning
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Planning and Compulsory Purchase Act 2004
The amendment outlines the process for a combined county authority (CCA) to hold an independent examination of a development plan document, publish recommendations and reasons, and approve or direct the adoption of the document.
Exemplar quote from bill: ...n document, and (b) 30 invites the combined county authority to prepare or revise the document, the combined county authority may prepare or revise (as the case may be) the development plan document. ...7ZC This paragraph applies where a development plan document is 35 prepared or revised by a combined county authority under paragraph 7ZB. (1) (2) The combined county authority must hold an independent examination. (3) The combined county authority— (a) 40 must publish the recommendations and reasons of the person appointed to hold the examination, and (b) may also give directions to the constituent planning authority in relation to publication of those recommendations and reasons. (4) The combined county authority may— (a) approve the document, or approve it subject to specified 5 modifications, as a local development document, or (b) direct the constituent planning authority to consider adopting the document by resolution of the authority as a local development document....thority to consider adopting the document by resolution of the authority as a local development document. 7ZD Subsections (4) to (7C) of section 20 apply to an examination held 10 under paragraph 7ZC(...
- ‼️ Town and Country Planning
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Planning and Compulsory Purchase Act 2004
The amendment adds a new sub-paragraph to paragraph 8 of the Schedule of the Planning and Compulsory Purchase Act 2004, specifying that a combined county authority (CCA) can prepare or revise a development plan document under paragraph 7ZB.
Exemplar quote from bill: ...lan document, the combined county authority may apportion liability for the expenditure on such basis as the authority considers just between the authorities for whom the document has been prepared.” ...(4) In paragraph 8— (a) in sub-paragraph (1), after paragraph (b) (but before the “or” at the 35 end of that paragraph) insert— “(ba) under paragraph 7ZB by a combined county authority,”;... (b) in sub-paragraph (2)(a)— (i) after “6(4)(a)” insert “, 7ZC(4)(a)”; 40 (ii) after “the combined authority” insert “, the combined county authority”; Levelling-up and Regeneration Bill 315 Schedule...
- ‼️ Town and Country Planning
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Courts Act 2003
The amendment adds "combined county authority" as an additional entity in the section of the Courts Act 2003 that deals with the disqualification of lay justices who are members of local authorities.
Exemplar quote from bill: ... the end of paragraph (f), and (c) at the end of paragraph (g) insert “, and 30 (h) section 48(4) of the Levelling-up and Regeneration Act 2023 (combined county authorities).” Courts Act 2003 (c. 39) ...153 35 In section 41(6) of the Courts Act 2003 (disqualification of lay justices who are members of local authorities), after paragraph (eb) insert— “(ec) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023,”.... Levelling-up and Regeneration Bill 313 Schedule 4—Combined county authorities: consequential amendments Planning and Compulsory Purchase Act 2004 (c. 5) 154 The Planning and Compulsory Purchase Act ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Childcare Act 2006
The amendment clarifies that references to an English local authority in the Childcare Act 2006 include a combined county authority (CCA) if the CCA exercises functions of an English local authority under the Act.
Exemplar quote from bill: ...under section 7(1) of the Levelling-up and Regeneration Act 2023;”. 316 Levelling-up and Regeneration Bill Schedule 4—Combined county authorities: consequential amendments Childcare Act 2006 (c. 21) ...160 In section 15 of the Childcare Act 2006 (powers of Secretary of State to secure proper performance), after subsection (6A) insert— “(6B) 5 If any functions of an English local authority under this Part are exercisable by a combined county authority by virtue of section 16 of the Levelling-up and Regeneration Act 2023— (a) a reference in any of subsections (3) to (6) to an English local authority includes a reference to the combined county authority, and (b) a reference in those subsections to functions under this Part 10 is, in relation to the combined county authority, to be read as a reference to those functions so far as exercisable by the combined county authority.”... Education and Inspections Act 2006 (c. 40) 161 Section 123 of the Education and Inspections Act 2006 (education and 15 training to which Chapter 3 of Part 8 applies) is amended as follows. (1) (2) In...
- ‼️ Education
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Education and Inspections Act 2006
The amendment adds "further education for persons aged 19 or over which is wholly or partly funded by a combined county authority" as a category of education and training to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 applies.
Exemplar quote from bill: ...t 10 is, in relation to the combined county authority, to be read as a reference to those functions so far as exercisable by the combined county authority.” Education and Inspections Act 2006 (c. 40) ...161 Section 123 of the Education and Inspections Act 2006 (education and 15 training to which Chapter 3 of Part 8 applies) is amended as follows. (1) (2) In subsection (1), after paragraph (ea) insert— “(eb) further education for persons aged 19 or over which is wholly or partly funded by a combined county authority;”.... (3) For subsection (5), substitute— 20 “(5) In this section— “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Constructio...
- ‼️ Education
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Local Transport Act 2008
The amendment allows the Secretary of State to transfer functions of a combined county authority (CCA) established under the Levelling-up and Regeneration Act 2023 to an Integrated Transport Authority (ITA) if the functions relate to transport and are exercisable by the CCA in an area that becomes part of the ITA's integrated transport area.
Exemplar quote from bill: ...c) a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023;”. Local Transport Act 2008 (c. 26) 175 The Local Transport Act 2008 is amended as follows. ...176 After section 89A insert— 25 “89B Transfer of functions of combined county authority (1) The Secretary of State may by order transfer functions of a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023 to an ITA. (2) An order under this section may only be made in relation to 30 functions that— (a) relate to transport, and (b) are exercisable by the combined county authority in relation to an area that becomes, or becomes part of, the ITA’s integrated transport area by virtue of an order under this Part.”... authorities: consequential amendments integrated transport area by virtue of an order under this Part.” 177 Section 90 (changing the boundaries of an integrated transport area) is amended as follows...
- ‼️ Transportation
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
section 97 (power to revoke or modify planning permission or permission in principle)
The amendment changes the wording from "shall have regard" to "must have regard" in section 97 of the Act. It specifies that authorities in England must have regard to the development plan, national development management policies, and other material considerations when revoking or modifying planning permission. Authorities in Wales must have regard to the development plan and other material considerations.
Exemplar quote from bill: ...and to any other material considerations, or (b) in the case of an authority in Wales,”. 8 In section 97 (power to revoke or modify planning permission or permission in principle), in subsection (2), ...for “shall have regard” substitute “must have regard— (a) in the case of an authority in England, to the development 25 plan, to any national development management policies so far as they are material and to any other material considerations, or (b) in the case of an authority in Wales,”.... 9 In section 102 (orders requiring discontinuance of use or alteration or 30 removal of buildings or works)— (a) in subsection (1), for “the development plan and to any other material considerations”...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
section 102 (orders requiring discontinuance of use or alteration or removal of buildings or works)
The amendment changes the wording in section 102 of the Act. It replaces "the development plan and to any other material considerations" with "the relevant considerations" in subsection (1). It also adds a new subsection (1A) that defines "the relevant considerations" for authorities in England and Wales.
Exemplar quote from bill: ...d to any other material considerations, or (b) in the case of an authority in Wales,”. 9 In section 102 (orders requiring discontinuance of use or alteration or 30 removal of buildings or works)— (a) ...in subsection (1), for “the development plan and to any other material considerations” substitute “the relevant considerations”;... (b) after that subsection insert— “(1A) In subsection (1) “the relevant considerations” are— 35 (a) in the case of an authority in England, the development plan, any national development management p...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
section 172 (issue of enforcement notice)
The amendment changes the wording in section 172 of the Act. It replaces "regard" with "regard— (i) in the case of an authority in England, to the development plan, national development management policies, and other material considerations, or (ii) in the case of an authority in Wales."
Exemplar quote from bill: ...ons.” Levelling-up and Regeneration Bill 331 Schedule 6—Determinations and other decisions: having regard to national development management policies 10 In section 172 (issue of enforcement notice), ...in subsection (1)(b), for “regard” substitute “regard— (i) in the case of an authority in England, to the development plan, to any national development management policies so far as they are material and to any other material considerations, or (ii) in the case of an authority in Wales,”....”. 11 In section 177 (grant or modification of planning permission on appeals against enforcement notices), for subsection (2) substitute— “(2) In considering whether to grant planning permission unde...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
section 177 (grant or modification of planning permission on appeals against enforcement notices)
The amendment replaces subsection (2) of section 177 of the Act. It specifies that when considering whether to grant planning permission on appeals against enforcement notices, the Secretary of State in England must have regard to the development plan, national development management policies, and other material considerations. The Welsh Ministers in Wales must have regard to the development plan and other material considerations.
Exemplar quote from bill: ... and Wales,”; (b) in subsection (3), in the Table, omit the second entry. (4) In section 206 (the charge)— (a) in subsection (1), after “A charging authority” insert “in Greater London or Wales”; (b) ...for subsection (2) substitute—“(2) In considering whether to grant planning permission under 10 subsection (1)— (a) if the land to which the enforcement notice relates is in England, the Secretary of State must have regard— (i) to the provisions of the development plan, so far as material to the subject matter of the enforcement notice, (ii) to any national development management policies, so far as material to the subject matter of the enforcement notice, and (iii) to any other material considerations, or (b) if the land to which the enforcement notice relates is in Wales, the Welsh Ministers must have regard— (i) to the provisions of the development plan, so far as material to the subject matter of the enforcement notice, and (ii) to any other material considerations.”...(including any power conferred by IL regulations under that Part),”. 160 Levelling-up and Regeneration Bill Part 4—Infrastructure Levy PART 5 COMMUNITY LAND AUCTION PILOTS Community land auction arra...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Schedule 6—Determinations and other decisions: having regard to national development management policies
The amendment changes the wording in Schedule 6 of the Act. It replaces "regard" with "regard— (i) in the case of an authority in England, to the development plan, national development management policies, and other material considerations, or (ii) in the case of an authority in Wales."
Exemplar quote from bill: ...ore the date on which it comes into effect. (6) A CCA that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads. (7) The requirements ...in section 172 (issue of enforcement notice), in subsection (1)(b), for “regard” substitute “regard— (i) in the case of an authority in England, to the development plan, to any national development management policies so far as they are material and to any other material considerations, or (ii) in the case of an authority in Wales,”....) 25 provides for that power of direction to be exercisable only by the mayor of the CCA, and (c) is made with the consent of the mayor after the mayor has consulted the constituent councils. (8) When...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Schedule 4B (process for making of neighbourhood development orders)
The amendment adds new provisions to Schedule 4B of the Act. It includes national development management policies that are relevant to the draft neighbourhood development order in paragraph 5(5). It also requires that the making of the order is in general conformity with any national development management policies that are relevant to it in paragraph 8(2).
Exemplar quote from bill: ... so far as 25 material to the subject matter of the enforcement notice, and (ii) to any other material considerations.” 12 In Schedule 4B (process for making of neighbourhood development orders)— (a) ...in paragraph 5(5), before paragraph (a) insert—“(za) national development management policies that are 30 relevant to the draft neighbourhood development order to which the proposal in question relates,”;...; (b) in paragraph 8(2), after paragraph (d) insert— “(da) 35 the making of the order is in general conformity with any national development management policies that are relevant to it,”. 13 In Schedu...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Schedule 9 (requirements relating to discontinuance of mineral working)
The amendment changes the wording in Schedule 9 of the Act. It replaces "the development plan and to any other material considerations" with "the relevant considerations" in sub-paragraph (1). It also adds a new sub-paragraph (1A) that defines "the relevant considerations" for authorities in England and Wales.
Exemplar quote from bill: ...aking of the order is in general conformity with any national development management policies that are relevant to it,”. 13 In Schedule 9 (requirements relating to discontinuance of mineral working), ...in paragraph 1— (a) in sub-paragraph (1), for “the development plan and to any other material considerations” substitute “the relevant considerations”; (b) after that sub-paragraph insert—“(1A) In sub-paragraph (1) “the relevant considerations” are— (a) in the case of an authority in England, the development plan, any national development management policies so far as they are material and any other material considerations, or (b) in the case of an authority in Wales, the development plan and any other material considerations.”...rial and any other material considerations, or (b) in the case of an authority in Wales, the 5 development plan and any other material considerations.” Planning (Hazardous Substances) Act 1990 14 10 I...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
section 9 of the Hazardous Substances Act (determination of applications for hazardous substances consent)
The amendment adds a new provision to section 9 of the Hazardous Substances Act. It requires authorities in England to have regard to any national development management policies that are material when determining applications for hazardous substances consent.
Exemplar quote from bill: ...h subsection (1)(a).”; (b) in subsection (3A), for “(3)” substitute “(3)(a)”; (c) in subsection (3B)— 30 (i) for “(3)” substitute “(3)(a)”; (ii) after “(3A),” insert “or with subsection (3)(b),”; (d) ...in subsection (2), after paragraph (c) insert—“(ca) in the case of an authority in England, to any national development management policies so far as they are material;”....ng authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority 40 to make the copies referred to in subsection (4)(c) available for inspection at an ...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
section 337(2) of GLAA 1999 (matters that may give rise to modification of spatial development strategy for London before publication)
The amendment adds a new provision to section 337(2) of the Greater London Authority Act 1999. It includes any national development management policies that are material as a matter that may give rise to the modification of the spatial development strategy for London before publication.
Exemplar quote from bill: ...they are material;”. Greater London Authority Act 1999 15 15 In section 337(2) of GLAA 1999 (matters that may give rise to modification of spatial development strategy for London before publication), ...after paragraph (c) (but before the “or” at the end of that paragraph) insert—“(ca) any national development management policies (within the meaning given by section 38ZA of the Planning and Compulsory Purchase Act 2004) so far as they are material;”....l;”. SCHEDULE 7 Section 91 PLAN MAKING 25 In Part 2 of PCPA 2004 (local development) for sections 15 to 37 (and the heading before section 15) substitute— “Joint spatial development strategies 15A Agr...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Part 2 of PCPA 2004 (local development)
The amendment replaces sections 15 to 37 and the heading before section 15 of Part 2 of the Planning and Compulsory Purchase Act 2004. It introduces new provisions for joint spatial development strategies. It allows eligible local planning authorities to agree to prepare a joint spatial development strategy. It defines the joint strategy area, participating authorities, and preparation agreement. It specifies the contents of a joint spatial development strategy, including policies of strategic importance, infrastructure, and affordable housing. It also sets requirements for the strategy to contribute to climate change mitigation and adaptation and prohibits inconsistency with national development management policies.
Exemplar quote from bill: ...thin the meaning given by section 38ZA of the Planning and Compulsory Purchase Act 2004) so far as they are material;”. SCHEDULE 7 Section 91 PLAN MAKING 25 In Part 2 of PCPA 2004 (local development) ...for sections 15 to 37 (and the heading before section 15) substitute—“Joint spatial development strategies 15A Agreements to prepare joint spatial development strategy (1) Two or more eligible local planning authorities may agree to prepare a joint spatial development strategy. (2) A local planning authority are eligible for the purposes of subsection 30 (1) if— (a) they are not a London borough council, (b) their area is not within, or the same as, the area of a combined authority established under section 103 of the Levelling-up and Regeneration Bill 333 Schedule 7—Plan making Local Democracy, Economic Development and Construction Act 2009, (c) they are not prescribed as ineligible for the purposes of subsection (1), (d) they are not already party to an agreement under subsection 5 (1), and (e) either— (i) no joint spatial development strategy is operative in relation to the area of the authority, or (ii) such a strategy is operative in relation to the area but the authority wish to enter into an agreement under subsection (1) in anticipation of the existing strategy being withdrawn or the authority withdrawing from it. (3) The Secretary of State may prescribe an authority under subsection 15 (2)(c) only if the Secretary of State considers it appropriate to do so because of an exercise, or a contemplated exercise, of the powers in section 16 of the Cities and Local Government Devolution Act 20 2016 or section 17 of the Levelling-up and Regeneration Act 2023 (powers to transfer etc public authority functions to certain local authorities). (4) In this section and sections 15AA to 15AI— “the joint strategy area”, in relation to a joint spatial development strategy, means the combined area of the participating authorities; “the participating authorities”— (a) in relation to a joint spatial development strategy that is being (or has been) prepared but has yet to become 30 operative, means the local planning authorities that are for the time being party to the agreement to prepare it, and (b) in relation to a joint spatial development strategy that is operative, means the local planning authorities that have adopted it and not since withdrawn from it, and, unless the context otherwise requires, means those 35 authorities acting jointly under such arrangements as they put in place for the purpose; “participating authority” is to be read accordingly; 40 “preparation agreement” means an agreement under subsection (1). 15AA Contents of joint spatial development strategy (1) A joint spatial development strategy must include a statement of the policies (however expressed) of the participating authorities, in 334 Levelling-up and Regeneration Bill Schedule 7—Plan making relation to the development and use of land in the joint strategy area, which are— (a) of strategic importance to that area, and (b) designed to achieve objectives that relate to the particular characteristics or circumstances of that area. (2) A joint spatial development strategy may specify or describe infrastructure the provision of which the participating authorities consider to be of strategic importance to the joint strategy area for the purposes of— (a) supporting or facilitating development in that area, 10 (b) mitigating, or adapting to, climate change, or (c) promoting or improving the economic, social or environmental well-being of that area. (3) 15 A joint spatial development strategy may specify or describe affordable housing the provision of which the participating authorities consider to be of strategic importance to the joint strategy area. (4) For the purposes of subsections (1) to (3), a matter— (a) may be of strategic importance to the joint strategy area if it does not affect the whole of that area, but (b) is not to be regarded as being of strategic importance to that area unless it is of strategic importance to the area of more than one of the participating authorities. (5) The Secretary of State may prescribe further matters the joint spatial development strategy may, or must, deal with. (6) A joint spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed. (7) A joint spatial development strategy may make different provision for different cases or for different parts of the joint strategy area. (8) A joint spatial development strategy must be designed to secure that the use and development of land in the joint strategy area contribute to the mitigation of, and adaption to, climate change. (9) A joint spatial development strategy must not— (a) include anything that is not permitted or required by or 35 under the preceding provisions of this section, (b) specify particular sites where development should take place, or (c) be inconsistent with or (in substance) repeat any national development management policy....ment management policy. Levelling-up and Regeneration Bill 335 Schedule 7—Plan making 15AB Consultation on draft strategy (1) Before any of the participating authorities adopt a joint spatial develop...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 15CC
A new section 15CC is being inserted.
Exemplar quote from bill: ...on to a minerals and waste plan, as may be prescribed. (9) Subsection (7) does not apply to— (a) sections 15B and 15BA; 350 Levelling-up and Regeneration Bill Schedule 7—Plan making (b) section 15C; ...(c) section 15CC;... (d) sections 15J to 15JB; (e) section 15LB(2); (f) sections 15LC(3)(c) and 15LD. 5 15CC Supplementary plans (1) Each relevant plan-making authority may prepare one or more documents, each of which is...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 15CC
A new section 15CC titled "Supplementary plans" is being inserted.
Exemplar quote from bill: ...ions 15B and 15BA; 350 Levelling-up and Regeneration Bill Schedule 7—Plan making (b) section 15C; (c) section 15CC; (d) sections 15J to 15JB; (e) section 15LB(2); (f) sections 15LC(3)(c) and 15LD. 5 ...15CC Supplementary plans... (1) Each relevant plan-making authority may prepare one or more documents, each of which is to be known as a “supplementary plan”. (2) A supplementary plan prepared by the Mayor of London may 10 incl...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (1)
A new subsection (1) is being inserted under section 15CC.
Exemplar quote from bill: ...velling-up and Regeneration Bill Schedule 7—Plan making (b) section 15C; (c) section 15CC; (d) sections 15J to 15JB; (e) section 15LB(2); (f) sections 15LC(3)(c) and 15LD. 5 15CC Supplementary plans ...(1) Each relevant plan-making authority may prepare one or more documents, each of which is to be known as a “supplementary plan”.... (2) A supplementary plan prepared by the Mayor of London may 10 include requirements with respect to design that relate to development, or development of a particular description, throughout Greater ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (2)
A new subsection (2) is being inserted under section 15CC.
Exemplar quote from bill: ...5LB(2); (f) sections 15LC(3)(c) and 15LD. 5 15CC Supplementary plans (1) Each relevant plan-making authority may prepare one or more documents, each of which is to be known as a “supplementary plan”. ...(2) A supplementary plan prepared by the Mayor of London may include requirements with respect to design that relate to development, or development of a particular description, throughout Greater London, which the Mayor considers should be met for planning permission for the development to be granted....ed. (3) A supplementary plan prepared by a local planning authority may 15 include— (a) policies (however expressed) in relation to the amount, type and location of, or timetable for, development at a...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (3)
A new subsection (3) is being inserted under section 15CC.
Exemplar quote from bill: ...n that relate to development, or development of a particular description, throughout Greater London, which the Mayor considers should be met for planning permission for the development to be granted. ...(3) A supplementary plan prepared by a local planning authority may include—...de— (a) policies (however expressed) in relation to the amount, type and location of, or timetable for, development at a specific 20 site in their area or at two or more specific sites in their area w...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (a)
A new subsection (a) is being inserted under section 15CC(3).
Exemplar quote from bill: ...hout Greater London, which the Mayor considers should be met for planning permission for the development to be granted. (3) A supplementary plan prepared by a local planning authority may 15 include— ...(a) policies (however expressed) in relation to the amount, type and location of, or timetable for, development at a specific site in their area or at two or more specific sites in their area which the authority consider to be nearby to each other;...er; (b) other policies (however expressed) in relation to the use or development of land in the local planning authority’s area which are designed to achieve objectives that relate to the 25 particula...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (b)
A new subsection (b) is being inserted under section 15CC(3).
Exemplar quote from bill: ...amount, type and location of, or timetable for, development at a specific 20 site in their area or at two or more specific sites in their area which the authority consider to be nearby to each other; ...(b) other policies (however expressed) in relation to the use or development of land in the local planning authority’s area which are designed to achieve objectives that relate to the particular characteristics or circumstances of a specific site in their area or two or more specific sites in their area which the authority consider to be nearby to each other;...er; (c) details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance 30 with any policies, included in the plan under paragraph (a) or (b), wo...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (c)
A new subsection (c) is being inserted under section 15CC(3).
Exemplar quote from bill: ...that relate to the 25 particular characteristics or circumstances of a specific site in their area or two or more specific sites in their area which the authority consider to be nearby to each other; ...(c) details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance with any policies, included in the plan under paragraph (a) or (b), would give rise;...se; (d) requirements with respect to design that relate to development, or development of a particular description, throughout the local planning authority’s area, in any part 35 of their area or at o...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (d)
A new subsection (d) is being inserted under section 15CC(3).
Exemplar quote from bill: ... of any infrastructure requirements, or requirements for affordable housing, to which development in accordance 30 with any policies, included in the plan under paragraph (a) or (b), would give rise; ...(d) requirements with respect to design that relate to development, or development of a particular description, throughout the local planning authority’s area, in any part of their area or at one or more specific sites in their area, which the local planning authority consider should be met for planning permission for the development to be granted....ed. (4) References in subsection (3) to development do not include minerals and waste development. (5) 40 A supplementary plan prepared by a minerals and waste planning authority may include— (a) poli...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (5)
A new subsection (5) is being inserted under section 15CC.
Exemplar quote from bill: ... planning authority consider should be met for planning permission for the development to be granted. (4) References in subsection (3) to development do not include minerals and waste development. (5)...(5) A supplementary plan prepared by a minerals and waste planning authority may include—... (a) policies (however expressed) in relation to the amount, type and location of, or timetable for, minerals and waste Levelling-up and Regeneration Bill 351 Schedule 7—Plan making development at on...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (a)
A new subsection (a) is being inserted under section 15CC(5).
Exemplar quote from bill: ...be granted. (4) References in subsection (3) to development do not include minerals and waste development. (5) 40 A supplementary plan prepared by a minerals and waste planning authority may include— ...(a) policies (however expressed) in relation to the amount, type and location of, or timetable for, minerals and waste development at one or more specific sites in the relevant area or at two or more specific sites in that area which the authority consider to be nearby to each other;...t area which the authority consider to be nearby to each other; (b) other policies (however expressed) in relation to— (i) minerals and waste development in the relevant area 5 which are designed to a...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (b)
A new subsection (b) is being inserted under section 15CC(5).
Exemplar quote from bill: ... Bill 351 Schedule 7—Plan making development at one or more specific sites in the relevant area or at two or more specific sites in that area which the authority consider to be nearby to each other; ...(b) other policies (however expressed) in relation to— (i) minerals and waste development in the relevant area which are designed to achieve objectives that relate to the particular characteristics or circumstances of a specific site in that area or two or more specific sites in that area which the authority consider to be nearby to each other; (ii) development other than minerals and waste development, which are designed to secure that minerals and waste development can take place at a specific site in the relevant area or two or more specific sites in that area which the authority consider to be nearby to each other;...h other; (c) details of any infrastructure requirements to which minerals and waste development in accordance with any policies, 20 included in the plan under paragraph (a) or (b), would give rise. (6...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (c)
A new subsection (c) is being inserted under section 15CC(5).
Exemplar quote from bill: ...ecure that minerals and waste development can take place at a 15 specific site in the relevant area or two or more specific sites in that area which the authority consider to be nearby to each other; ...(c) details of any infrastructure requirements to which minerals and waste development in accordance with any policies, included in the plan under paragraph (a) or (b), would give rise....se. (6) The Secretary of State may prescribe further matters which a supplementary plan may include. (7) A supplementary plan must be in general conformity with the spatial 25 development strategy, if...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (6)
A new subsection (6) is being inserted under section 15CC.
Exemplar quote from bill: ...ach other; (c) details of any infrastructure requirements to which minerals and waste development in accordance with any policies, 20 included in the plan under paragraph (a) or (b), would give rise. ...(6) The Secretary of State may prescribe further matters which a supplementary plan may include.... (7) A supplementary plan must be in general conformity with the spatial 25 development strategy, if one is operative in relation to the area or a site to which the plan relates. (8) In preparing a su...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (7)
A new subsection (7) is being inserted under section 15CC.
Exemplar quote from bill: ... in accordance with any policies, 20 included in the plan under paragraph (a) or (b), would give rise. (6) The Secretary of State may prescribe further matters which a supplementary plan may include. ...(7) A supplementary plan must be in general conformity with the spatial development strategy, if one is operative in relation to the area or a site to which the plan relates....es. (8) In preparing a supplementary plan, the relevant plan-making authority must have regard to any other part of the development plan which has effect for the area or a site to which the plan relat...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (8)
A new subsection (8) is being inserted under section 15CC.
Exemplar quote from bill: ...ary plan may include. (7) A supplementary plan must be in general conformity with the spatial 25 development strategy, if one is operative in relation to the area or a site to which the plan relates. ...(8) In preparing a supplementary plan, the relevant plan-making authority must have regard to any other part of the development plan which has effect for the area or a site to which the plan relates.... (9) 30 So far as the relevant plan-making authority consider appropriate, having regard to the subject matter of the supplementary plan, the plan must be designed to secure that the development and u...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (9)
A new subsection (9) is being inserted under section 15CC.
Exemplar quote from bill: ... In preparing a supplementary plan, the relevant plan-making authority must have regard to any other part of the development plan which has effect for the area or a site to which the plan relates. (9)...(9) So far as the relevant plan-making authority consider appropriate, having regard to the subject matter of the supplementary plan, the plan must be designed to secure that the development and use of land in the authority’s area contribute to the mitigation of, and adaption to, climate change.... (10) A supplementary plan must not— (a) include anything which is not permitted or required by or 35 under subsections (2) to (6), or (b) be inconsistent with or (in substance) repeat any national de...
- ‼️ Justice System
(Variously affected)
- ‼️ Environmental Impact
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (10)
A new subsection (10) is being inserted under section 15CC.
Exemplar quote from bill: ...ct matter of the supplementary plan, the plan must be designed to secure that the development and use of land in the authority’s area contribute to the mitigation of, and adaption to, climate change. ...(10) A supplementary plan must not— (a) include anything which is not permitted or required by or under subsections (2) to (6), or (b) be inconsistent with or (in substance) repeat any national development management policy....cy. (11) 40 The Secretary of State may by regulations make provision about the preparation, withdrawal or revision of supplementary plans. (12) Regulations under subsection (11)— 352 Levelling-up and ...
- ‼️ Justice System
(Variously affected)
- ‼️ Environmental Impact
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (11)
A new subsection (11) is being inserted under section 15CC.
Exemplar quote from bill: ...not— (a) include anything which is not permitted or required by or 35 under subsections (2) to (6), or (b) be inconsistent with or (in substance) repeat any national development management policy. (11...(11) The Secretary of State may by regulations make provision about the preparation, withdrawal or revision of supplementary plans.... (12) Regulations under subsection (11)— 352 Levelling-up and Regeneration Bill Schedule 7—Plan making (a) may apply, or make provision corresponding to, any provision made by or under this Part in r...
- ‼️ Justice System
(Variously affected)
- ‼️ Governmental Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (12)
A new subsection (12) is being inserted under section 15CC.
Exemplar quote from bill: ...in substance) repeat any national development management policy. (11) 40 The Secretary of State may by regulations make provision about the preparation, withdrawal or revision of supplementary plans. ...(12) Regulations under subsection (11)— (a) may apply, or make provision corresponding to, any provision made by or under this Part in relation to the preparation, withdrawal or revision of a local plan, with or without modifications; (b) must require a proposed supplementary plan to be the subject of consultation with the public....mentary plan to be the 5 subject of consultation with the public. (13) A supplementary plan has effect only in so far as it or any part of it is adopted or approved under this Part. Examination of pla...
- ‼️ Justice System
(Variously affected)
- ‼️ Governmental Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (13)
A new subsection (13) is being inserted under section 15CC.
Exemplar quote from bill: ...relation to the preparation, withdrawal or revision of a local plan, with or without modifications; (b) must require a proposed supplementary plan to be the 5 subject of consultation with the public. ...(13) A supplementary plan has effect only in so far as it or any part of it is adopted or approved under this Part.... Examination of plans 15D Independent examination: local plans 10 (1) A local planning authority must submit their proposed local plan to the Secretary of State for independent examination if a person...
- ‼️ Justice System
(Variously affected)
- ‼️ Governmental Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 15D
A new section 15D titled "Independent examination: local plans" is being inserted.
Exemplar quote from bill: ...tary plan to be the 5 subject of consultation with the public. (13) A supplementary plan has effect only in so far as it or any part of it is adopted or approved under this Part. Examination of plans ...15D Independent examination: local plans... 10 (1) A local planning authority must submit their proposed local plan to the Secretary of State for independent examination if a person appointed by the Secretary of State under section 15CA(3) adv...
- ‼️ Justice System
(Variously affected)
- ‼️ Governmental Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (1)
A new subsection (1) is being inserted under section 15D.
Exemplar quote from bill: ...n with the public. (13) A supplementary plan has effect only in so far as it or any part of it is adopted or approved under this Part. Examination of plans 15D Independent examination: local plans 10 ...(1) A local planning authority must submit their proposed local plan to the Secretary of State for independent examination if a person appointed by the Secretary of State under section 15CA(3) advises that the prescribed requirements are met in relation to the plan.... (2) The authority must also send or make available to the Secretary of 15 State (in addition to the local plan) such other documents (or copies of documents) and such information as is prescribed. (3...
- ‼️ Justice System
(Variously affected)
- ‼️ Governmental Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (2)
A new subsection (2) is being inserted under section 15D.
Exemplar quote from bill: ...n to the Secretary of State for independent examination if a person appointed by the Secretary of State under section 15CA(3) advises that the prescribed requirements are met in relation to the plan. ...(2) The authority must also send or make available to the Secretary of State (in addition to the local plan) such other documents (or copies of documents) and such information as is prescribed....ed. (3) The Secretary of State may prescribe the manner in which the local 20 plan, or any document or information to be sent under subsection (2), is to be sent. (4) The examination must be carried o...
- ‼️ Justice System
(Variously affected)
- ‼️ Governmental Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (3)
A new subsection (3) is being inserted under section 15D.
Exemplar quote from bill: ...n. (2) The authority must also send or make available to the Secretary of 15 State (in addition to the local plan) such other documents (or copies of documents) and such information as is prescribed. ...(3) The Secretary of State may prescribe the manner in which the local plan, or any document or information to be sent under subsection (2), is to be sent....nt. (4) The examination must be carried out by a person appointed by the Secretary of State (“the examiner”). (5) The purpose of the independent examination is to determine whether it is reasonable to...
- ‼️ Justice System
(Variously affected)
- ‼️ Governmental Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (4)
A new subsection (4) is being inserted under section 15D.
Exemplar quote from bill: ...) and such information as is prescribed. (3) The Secretary of State may prescribe the manner in which the local 20 plan, or any document or information to be sent under subsection (2), is to be sent. ...(4) The examination must be carried out by a person appointed by the Secretary of State (“the examiner”).... (5) The purpose of the independent examination is to determine whether it is reasonable to conclude that the local plan is sound. (6) Any person who makes representations in relation to the local pla...
- ‼️ Justice System
(Variously affected)
- ‼️ Governmental Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (5)
A new subsection (5) is being inserted under section 15D.
Exemplar quote from bill: ...local 20 plan, or any document or information to be sent under subsection (2), is to be sent. (4) The examination must be carried out by a person appointed by the Secretary of State (“the examiner”). ...(5) The purpose of the independent examination is to determine whether it is reasonable to conclude that the local plan is sound.... (6) Any person who makes representations in relation to the local plan 25 must (if that person so requests) be given the opportunity to appear before and be heard by the examiner. (7) At any time bef...
- ‼️ Justice System
(Variously affected)
- ‼️ Governmental Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (6)
A new subsection (6) is being inserted under section 15D.
Exemplar quote from bill: ...out by a person appointed by the Secretary of State (“the examiner”). (5) The purpose of the independent examination is to determine whether it is reasonable to conclude that the local plan is sound. ...(6) Any person who makes representations in relation to the local plan must (if that person so requests) be given the opportunity to appear before and be heard by the examiner....er. (7) At any time before the examiner makes a recommendation under any of the following subsections, if the examiner considers that— (a) certain matters need to be dealt with in order for it to beco...
- ‼️ Justice System
(Variously affected)
- ‼️ Governmental Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (7)
A new subsection (7) is being inserted under section 15D.
Exemplar quote from bill: ...ocal plan is sound. (6) Any person who makes representations in relation to the local plan 25 must (if that person so requests) be given the opportunity to appear before and be heard by the examiner. ...(7) At any time before the examiner makes a recommendation under any of the following subsections, if the examiner considers that— (a) certain matters need to be dealt with in order for it to become reasonable to conclude that the local plan is sound, and (b) those matters could be dealt with by pausing the examination under section 15DA for further work to be carried out, the examiner may decide that the examination is to be so paused....ed. (8) The Secretary of State may by notice to the examiner— 35 (a) direct the examiner not to take any step, or any further step, in connection with the examination of the local plan, or of a specif...
- ‼️ Justice System
(Variously affected)
- ‼️ Governmental Power
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Localism Act 2011, section 202(5)
The amendment adds a further modification to section 202(5) of the Localism Act 2011, specifying that any reference to an urban development corporation in that Part of the Schedule should be read as a reference to an MDC (Mayoral development corporation).
Exemplar quote from bill: ...rporation” means an urban development corporation, a development corporation established under section 3 of the New Towns Act 1981 or a Mayoral development corporation.” Localism Act 2011 (c. 20) 5 10..."In section 202(5) of the Localism Act 2011 (power to apply certain modifications of planning enactments in relation to Mayoral development corporations), at the end insert “, with the further modification that any reference in that Part of that Schedule to an urban development corporation is to be read as a reference to an MDC”."...SCHEDULE 16 Section 173(4) CONDITIONAL CONFIRMATION AND MAKING OF COMPULSORY PURCHASE ORDERS: 15 CONSEQUENTIAL AMENDMENTS Land Compensation Act 1973 (c. 26) 1 In section 33D of the Land Compensation A...
- ‼️ Town and Country Planning
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Land Compensation Act 1973, section 33D
The amendment substitutes subsection (6) of section 33D of the Land Compensation Act 1973. It specifies that the relevant time for entitlement to loss payments is when certain events occur in relation to the compulsory purchase order, such as confirmation, making, or decisions regarding the conditions of the order.
Exemplar quote from bill: ... is to be read as a reference to an MDC”. SCHEDULE 16 Section 173(4) CONDITIONAL CONFIRMATION AND MAKING OF COMPULSORY PURCHASE ORDERS: 15 CONSEQUENTIAL AMENDMENTS Land Compensation Act 1973 (c. 26) 1..."In section 33D of the Land Compensation Act 1973 (exclusions from entitlement to loss payments), for subsection (6) substitute—“(6) The relevant time is the time at which any of the following occurs in respect of the compulsory purchase order relating to the person’s interest in the land— (a) the order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981; (b) the order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act; (c) a decision is made under section 13BA(2)(a) of the Acquisition of Land Act 1981 (decision that conditions subject to which order was confirmed have been met); (d) a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met).”"...en met).” Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) 2 35 In section 5(2) of the Compulsory Purchase (Vesting Declarations) Act 1981 (vesting declaration not to be executed before pur...
- ‼️ Land and Property Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Acquisition of Land Act 1981, section 7
The amendment modifies section 7 of the Acquisition of Land Act 1981. It adds provisions for regulations subject to the negative procedure, specifying that references to the Secretary of State should be read as references to the Welsh Ministers in relation to orders made or confirmed by them. It also clarifies that references to either House of Parliament should be read as references to Senedd Cymru in relation to such orders.
Exemplar quote from bill: ...e 16—Conditional confirmation and making of compulsory purchase orders: consequential amendments Acquisition of Land Act 1981 (c. 67) 3 (1) The Acquisition of Land Act 1981 is amended as follows. (2)..."In section 7— (a) in subsection (3) (regulations subject to negative procedure)— (i) after “13A” insert “or 13BA”; (ii) after “paragraph 4A” insert “or 4AA”; (b) after subsection (3) insert— “(4) So far as anything is required or authorised to be prescribed as mentioned in subsection (2) in relation to orders that fall to be made or confirmed by the Welsh Ministers— (a) the reference in that subsection to the Secretary of State is to be read as a reference to the Welsh Ministers, and (b) the reference in subsection (3) to either House of Parliament is to be read as a reference to Senedd Cymru.”"...Cymru.” (3) In section 26 (date of operation of orders and certificates), for subsections (1) and (2) substitute— “(1A) 20 A compulsory purchase order confirmed under Part 2 becomes operative— (a) if ...
- ‼️ Land and Property Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Acquisition of Land Act 1981, section 26
The amendment substitutes subsections (1) and (2) of section 26 of the Acquisition of Land Act 1981. It specifies the dates on which different types of compulsory purchase orders and certificates become operative, depending on whether they are confirmed unconditionally or conditionally. It also clarifies that certain subsections do not apply to orders to which the Statutory Orders (Special Procedure) Act 1945 applies.
Exemplar quote from bill: ... the Secretary of State is to be read as a reference to the Welsh Ministers, and (b) 15 the reference in subsection (3) to either House of Parliament is to be read as a reference to Senedd Cymru.” (3)..."In section 26 (date of operation of orders and certificates), for subsections (1) and (2) substitute— “(1A) A compulsory purchase order confirmed under Part 2 becomes operative— (a) if it is confirmed unconditionally, on the date on which a confirmation notice in respect of the order is first published as required by section 15(3)(a); (b) if it is confirmed conditionally, on the date on which a fulfilment notice in respect of the order is first published as required by section 15(4C)(b)(i). (1B) A compulsory purchase order made under Schedule 1 becomes operative— (a) if it is made unconditionally, on the date on which a making notice in respect of the order is first published as required by paragraph 6(3)(a) of that Schedule; (b) if it is made conditionally, on the date on which a fulfilment notice in respect of the order is first published as required by paragraph 6(4C)(b)(i) of that Schedule. (1C) Subsections (1A) and (1B) do not apply to an order to which the Statutory Orders (Special Procedure) Act 1945 applies. (2A) A certificate given under Part 3 becomes operative on the date on which it is first published as required by section 22(a). (2B) A certificate given under Schedule 3 becomes operative on the date on which it is first published as required by paragraph 9(a) of that Schedule.”"...hat Schedule. 448 Levelling-up and Regeneration Bill Schedule 16—Conditional confirmation and making of compulsory purchase orders: consequential amendments (3) This section is subject to section 24....
- ‼️ Land and Property Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Housing Act 1985, section 582
The amendment modifies section 582 of the Housing Act 1985. It specifies additional circumstances under which the recovery of possession of certain premises is suspended when a compulsory purchase order is made. These circumstances include the Secretary of State declining to confirm the order, the order expiring conditionally, or the order being quashed by a court.
Exemplar quote from bill: ...rmation and making of compulsory purchase orders: consequential amendments (3) This section is subject to section 24.” Housing Act 1985 (c. 68) 4 (1) The Housing Act 1985 is amended as follows. (2) 5..."In section 582 (suspension of recovery of possession of certain premises when compulsory purchase order made)— (a) in subsection (2), for paragraph (b) substitute— “(b) any earlier date on which— (i) the Secretary of State notifies the authority that the Secretary of State declines to confirm the order, (ii) the order (having been confirmed conditionally) expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, or (iii) the order is quashed by a court.”; (b) in subsection (6), for paragraph (a) substitute— “(aa) the Secretary of State notifies the authority that the Secretary of State declines to confirm the compulsory purchase order, (ab) the order (having been confirmed conditionally) expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, (ac) the order is quashed by a court, or”."...rt, or”. (3) In paragraph 3 of Schedule 5A (termination of initial demolition notices)— (a) in sub-paragraph (2), after “(3)(a)” insert “or (aa)”; 25 (b) in sub-paragraph (3)— (i) omit the “or” at the...
- ‼️ Land and Property Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Housing Act 1985, Schedule 5A
The amendment modifies paragraph 3 of Schedule 5A of the Housing Act 1985. It adds provisions for the termination of initial demolition notices in certain circumstances, such as when a compulsory purchase order expires and the landlord is unable to carry out the demolition of the dwelling-house as a result. It also specifies that the notice ceases to be in force from the date when the order expires.
Exemplar quote from bill: ...sory purchase order, (ab) the order (having been confirmed conditionally) 20 expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, (ac) the order is quashed by a court, or”. (3)..."In paragraph 3 of Schedule 5A (termination of initial demolition notices)— (a) in sub-paragraph (2), after “(3)(a)” insert “or (aa)”; (b) in sub-paragraph (3)— (i) omit the “or” at the end of paragraph (a); (ii) after paragraph (a) insert— “(aa) a decision under section 13BA(2)(b)(ii) of that Act that conditions subject to which the order was confirmed have not been met, or”; (c) in sub-paragraph (4), after “(3)(a)” insert “or (aa)”; (d) after sub-paragraph (6) insert— “(6A) If— (a) a compulsory purchase order has been made as described in sub-paragraph (2), (b) the order expires by virtue of section 13BA(2)(b)(i) of the Acquisition of Land Act 1981, and (c) the effect of the expiry is that the landlord will not be able, by virtue of that order, to carry out the demolition of the dwelling-house, the notice ceases to be in force as from the date when the order expires.”; (e) in sub-paragraph (7), after “(2)” insert “or (6A)”."... the dwelling-house, 5 the notice ceases to be in force as from the date when the order expires.”; (e) in sub-paragraph (7), after “(2)” insert “or (6A)”. Town and Country Planning Act 1990 (c. 8) 5 (...
- ‼️ Land and Property Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Town and Country Planning Act 1990, section 137(7)(b)
The amendment modifies section 137(7)(b) of the Town and Country Planning Act 1990. It adds provisions for the discontinuance of compulsory purchase for the purpose of the blight notice exception, specifying that the exception applies when a conditional order expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981 or when a confirmed order expires conditionally by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981.
Exemplar quote from bill: ...o be in force as from the date when the order expires.”; (e) in sub-paragraph (7), after “(2)” insert “or (6A)”. Town and Country Planning Act 1990 (c. 8) 5 (1) TCPA 1990 is amended as follows. (2) 10..."In section 137(7)(b) (discontinuance of compulsory purchase for purpose of blight notice exception)— (a) in sub-paragraph (i), after “order” insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981”; (b) in sub-paragraph (ii), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”."...”. (3) In Note (2) in paragraph 22 of Schedule 13 (land ceasing to be blighted by proposed compulsory purchase order)— (a) omit the “or” at the end of paragraph (a); (b) at the end of paragraph (b) in...
- ‼️ Town and Country Planning
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Planning (Listed Buildings and Conservation Areas) Act 1990, section 48(6)(b)
The amendment modifies section 48(6)(b) of the Planning (Listed Buildings and Conservation Areas) Act 1990. It adds provisions for the discontinuance of compulsory purchase for the purpose of the listed building purchase notice exception, specifying that the exception applies when a conditional order expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981 or when a confirmed order expires conditionally by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981.
Exemplar quote from bill: ...ditionally) expires by virtue of section 13BA(2)(b) of, or paragraph 4AA(2) of Schedule 1 to, the Acquisition of Land Act 1981.” Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) 25 6..."In section 48(6)(b) of the Listed Buildings Act (discontinuance of compulsory purchase for purpose of listed building purchase notice exception)— (a) in sub-paragraph (i), at the end insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981”; (b) in sub-paragraph (ii), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”."...”. Historic Environment (Wales) Act 2023 7 In section 111(8)(b) of the Historic Environment (Wales) Act 2023 35 (discontinuance of compulsory purchase for purpose of listed building purchase notice ex...
- ‼️ Town and Country Planning
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Historic Environment (Wales) Act 2023, section 111(8)(b)
The amendment modifies section 111(8)(b) of the Historic Environment (Wales) Act 2023. It adds provisions for the discontinuance of compulsory purchase for the purpose of the listed building purchase notice exception, specifying that the exception applies when a conditional order expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981 or when a confirmed order expires conditionally by virtue of paragraph 4AA(2) of Schedule 1 to that Act. The amendment includes both English and Welsh language texts.
Exemplar quote from bill: ...sub-paragraph (ii), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”. Historic Environment (Wales) Act 2023 7..."In section 111(8)(b) of the Historic Environment (Wales) Act 2023 (discontinuance of compulsory purchase for purpose of listed building purchase notice exception)— (a) in the English language text— (i) in sub-paragraph (i), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”; (ii) in sub-paragraph (ii), at the end insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to that Act”; (b) in the Welsh language text— (i) in sub-paragraph (i), at the end insert “neu pan fydd (ar ôl cael ei gadarnhau’n amodol) yn dod i ben yn rhinwedd adran 13BA(2)(b) o Ddeddf Caffael Tir 1981”; (ii) in sub-paragraph (ii), at the end insert “neu pan fydd y gorchymyn (ar ôl cael ei wneud yn amodol) yn dod i ben yn rhinwedd paragraff 4AA(2) o Atodlen 1 i’r Ddeddf honno”."... (ii), at the end insert “neu pan fydd y gorchymyn (ar ôl cael ei wneud yn amodol) yn dod i ben yn rhinwedd paragraff 4AA(2) o Atodlen 1 i’r Ddeddf honno”. (2) The Secretary of State may, by regulatio...
- ‼️ Town and Country Planning
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Acquisition of Land Act 1981, Schedule 1
The amendment modifies paragraph 3 of Schedule 5A of the Acquisition of Land Act 1981. It adds provisions for the termination of initial demolition notices in certain circumstances, such as when a compulsory purchase order expires and the landlord is unable to carry out the demolition of the dwelling-house as a result. It also specifies that the notice ceases to be in force from the date when the order expires.
Exemplar quote from bill: ...sory purchase order, (ab) the order (having been confirmed conditionally) 20 expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, (ac) the order is quashed by a court, or”. (3)..."In paragraph 3 of Schedule 5A (termination of initial demolition notices)— (a) in sub-paragraph (2), after “(3)(a)” insert “or (aa)”; (b) in sub-paragraph (3)— (i) omit the “or” at the end of paragraph (a); (ii) after paragraph (a) insert— “(aa) a decision under section 13BA(2)(b)(ii) of that Act that conditions subject to which the order was confirmed have not been met, or”; (c) in sub-paragraph (4), after “(3)(a)” insert “or (aa)”; (d) after sub-paragraph (6) insert— “(6A) If— (a) a compulsory purchase order has been made as described in sub-paragraph (2), (b) the order expires by virtue of section 13BA(2)(b)(i) of the Acquisition of Land Act 1981, and (c) the effect of the expiry is that the landlord will not be able, by virtue of that order, to carry out the demolition of the dwelling-house, the notice ceases to be in force as from the date when the order expires.”; (e) in sub-paragraph (7), after “(2)” insert “or (6A)”."... the dwelling-house, 5 the notice ceases to be in force as from the date when the order expires.”; (e) in sub-paragraph (7), after “(2)” insert “or (6A)”. Town and Country Planning Act 1990 (c. 8) 5 (...
- ‼️ Land and Property Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Acquisition of Land Act 1981, Schedule 1
The amendment modifies paragraph 3 of Schedule 5A of the Acquisition of Land Act 1981. It adds provisions for the termination of initial demolition notices in certain circumstances, such as when a compulsory purchase order expires and the landlord is unable to carry out the demolition of the dwelling-house as a result. It also specifies that the notice ceases to be in force from the date when the order expires.
Exemplar quote from bill: ...sory purchase order, (ab) the order (having been confirmed conditionally) 20 expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, (ac) the order is quashed by a court, or”. (3)..."In paragraph 3 of Schedule 5A (termination of initial demolition notices)— (a) in sub-paragraph (2), after “(3)(a)” insert “or (aa)”; (b) in sub-paragraph (3)— (i) omit the “or” at the end of paragraph (a); (ii) after paragraph (a) insert— “(aa) a decision under section 13BA(2)(b)(ii) of that Act that conditions subject to which the order was confirmed have not been met, or”; (c) in sub-paragraph (4), after “(3)(a)” insert “or (aa)”; (d) after sub-paragraph (6) insert— “(6A) If— (a) a compulsory purchase order has been made as described in sub-paragraph (2), (b) the order expires by virtue of section 13BA(2)(b)(i) of the Acquisition of Land Act 1981, and (c) the effect of the expiry is that the landlord will not be able, by virtue of that order, to carry out the demolition of the dwelling-house, the notice ceases to be in force as from the date when the order expires.”; (e) in sub-paragraph (7), after “(2)” insert “or (6A)”."... the dwelling-house, 5 the notice ceases to be in force as from the date when the order expires.”; (e) in sub-paragraph (7), after “(2)” insert “or (6A)”. Town and Country Planning Act 1990 (c. 8) 5 (...
- ‼️ Land and Property Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Town and Country Planning Act 1990, section 137(7)(b)
The amendment modifies section 137(7)(b) of the Town and Country Planning Act 1990. It adds provisions for the discontinuance of compulsory purchase for the purpose of the blight notice exception, specifying that the exception applies when a conditional order expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981 or when a confirmed order expires conditionally by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981.
Exemplar quote from bill: ...o be in force as from the date when the order expires.”; (e) in sub-paragraph (7), after “(2)” insert “or (6A)”. Town and Country Planning Act 1990 (c. 8) 5 (1) TCPA 1990 is amended as follows. (2) 10..."In section 137(7)(b) (discontinuance of compulsory purchase for purpose of blight notice exception)— (a) in sub-paragraph (i), after “order” insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981”; (b) in sub-paragraph (ii), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”."...”. (3) In Note (2) in paragraph 22 of Schedule 13 (land ceasing to be blighted by proposed compulsory purchase order)— (a) omit the “or” at the end of paragraph (a); (b) at the end of paragraph (b) in...
- ‼️ Town and Country Planning
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Historic Environment (Wales) Act 2023, section 111(8)(b)
The amendment modifies section 111(8)(b) of the Historic Environment (Wales) Act 2023. It adds provisions for the discontinuance of compulsory purchase for the purpose of the listed building purchase notice exception, specifying that the exception applies when a conditional order expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981 or when a confirmed order expires conditionally by virtue of paragraph 4AA(2) of Schedule 1 to that Act. The amendment includes both English and Welsh language texts.
Exemplar quote from bill: ...sub-paragraph (ii), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”. Historic Environment (Wales) Act 2023 7..."In section 111(8)(b) of the Historic Environment (Wales) Act 2023 (discontinuance of compulsory purchase for purpose of listed building purchase notice exception)— (a) in the English language text— (i) in sub-paragraph (i), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”; (ii) in sub-paragraph (ii), at the end insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to that Act”; (b) in the Welsh language text— (i) in sub-paragraph (i), at the end insert “neu pan fydd (ar ôl cael ei gadarnhau’n amodol) yn dod i ben yn rhinwedd adran 13BA(2)(b) o Ddeddf Caffael Tir 1981”; (ii) in sub-paragraph (ii), at the end insert “neu pan fydd y gorchymyn (ar ôl cael ei wneud yn amodol) yn dod i ben yn rhinwedd paragraff 4AA(2) o Atodlen 1 i’r Ddeddf honno”."... (ii), at the end insert “neu pan fydd y gorchymyn (ar ôl cael ei wneud yn amodol) yn dod i ben yn rhinwedd paragraff 4AA(2) o Atodlen 1 i’r Ddeddf honno”. (2) The Secretary of State may, by regulatio...
- ‼️ Town and Country Planning
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Acquisition of Land Act 1981, Schedule 1
The amendment modifies paragraph 3 of Schedule 5A of the Acquisition of Land Act 1981. It adds provisions for the termination of initial demolition notices in certain circumstances, such as when a compulsory purchase order expires and the landlord is unable to carry out the demolition of the dwelling-house as a result. It also specifies that the notice ceases to be in force from the date when the order expires.
Exemplar quote from bill: ...sory purchase order, (ab) the order (having been confirmed conditionally) 20 expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, (ac) the order is quashed by a court, or”. (3)..."In paragraph 3 of Schedule 5A (termination of initial demolition notices)— (a) in sub-paragraph (2), after “(3)(a)” insert “or (aa)”; (b) in sub-paragraph (3)— (i) omit the “or” at the end of paragraph (a); (ii) after paragraph (a) insert— “(aa) a decision under section 13BA(2)(b)(ii) of that Act that conditions subject to which the order was confirmed have not been met, or”; (c) in sub-paragraph (4), after “(3)(a)” insert “or (aa)”; (d) after sub-paragraph (6) insert— “(6A) If— (a) a compulsory purchase order has been made as described in sub-paragraph (2), (b) the order expires by virtue of section 13BA(2)(b)(i) of the Acquisition of Land Act 1981, and (c) the effect of the expiry is that the landlord will not be able, by virtue of that order, to carry out the demolition of the dwelling-house, the notice ceases to be in force as from the date when the order expires.”; (e) in sub-paragraph (7), after “(2)” insert “or (6A)”."... the dwelling-house, 5 the notice ceases to be in force as from the date when the order expires.”; (e) in sub-paragraph (7), after “(2)” insert “or (6A)”. Town and Country Planning Act 1990 (c. 8) 5 (...
- ‼️ Land and Property Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Town and Country Planning Act 1990, section 137(7)(b)
The amendment modifies section 137(7)(b) of the Town and Country Planning Act 1990. It adds provisions for the discontinuance of compulsory purchase for the purpose of the blight notice exception, specifying that the exception applies when a conditional order expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981 or when a confirmed order expires conditionally by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981.
Exemplar quote from bill: ...o be in force as from the date when the order expires.”; (e) in sub-paragraph (7), after “(2)” insert “or (6A)”. Town and Country Planning Act 1990 (c. 8) 5 (1) TCPA 1990 is amended as follows. (2) 10..."In section 137(7)(b) (discontinuance of compulsory purchase for purpose of blight notice exception)— (a) in sub-paragraph (i), after “order” insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981”; (b) in sub-paragraph (ii), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”."...”. (3) In Note (2) in paragraph 22 of Schedule 13 (land ceasing to be blighted by proposed compulsory purchase order)— (a) omit the “or” at the end of paragraph (a); (b) at the end of paragraph (b) in...
- ‼️ Town and Country Planning
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (3) of section 3
This change adds a new subsection to section 3 of the Illegal Migration Act 2023. It specifies that the period of 120 days mentioned in subsection (1) should not include any time during which Parliament is dissolved or prorogued, or either House of Parliament is adjourned for more than 4 days.
Exemplar quote from bill: ...t day of the period to which the report relates. (2) After a report has been laid before Parliament under subsection (1), a Minister of the Crown must publish it as soon as is reasonably practicable. ...(3) In calculating the period of 120 days mentioned in subsection (1), no account is to be taken of any time during which— (a) Parliament is dissolved or prorogued, or (b) either House of Parliament is adjourned for more than 4 days....ys. Levelling-up and Regeneration Bill 3 Part 1—Levelling-up missions Revision of methodology and metrics or target dates 4 Changes to mission progress methodology and metrics or target dates (1) Thi...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 20(2)
The proposed section applies to specific authorities within the proposed area.
Exemplar quote from bill: ... One or more authorities to which this section applies may— (a) prepare a proposal for the establishment of a combined authority for an area, and (b) submit the proposal to the Secretary of State. 20 ...(2) This section applies to the following authorities— (a) a county council the whole or any part of whose area is within the proposed area; (b) a district council whose area is within the proposed area; (c) an EPB the whole or any part of whose area is within the 25 proposed area; (d) an ITA the whole or any part of whose area is within the proposed area; (e) 30 a combined county authority the whole or any part of whose area is within the proposed area.... (3) In this section— “combined county authority” means a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023; “the proposed area” means the area for...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 20(4)
Authorities must conduct a public consultation and consider the results before submitting a proposal to the Secretary of State.
Exemplar quote from bill: ... (e) a combined authority the whole or any part of whose area is within 5 the proposed area. (3) In this section “the proposed area” means the area for which the CCA is proposed to be established. (4)...(4) Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must— (a) carry out a public consultation across the proposed area on the proposal, and (b) have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.... (5) The requirements in subsection (4) may be satisfied by things done before 15 the coming into force of this section. (6) If a proposal under this section is not submitted by all of the authorities...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 20(6)
If not all authorities submit a proposal, the authorities that do not submit must give consent for the submission.
Exemplar quote from bill: ...onsultation in preparing the proposal for submission to the Secretary of State. (5) The requirements in subsection (4) may be satisfied by things done before 15 the coming into force of this section. ...(6) If a proposal under this section is not submitted by all of the authorities to which this section applies, each authority which does not submit the proposal must consent to its submission to the Secretary of State.... (7) A proposal under this section must specify the purposes to be achieved by 20 the establishment of the CCA. (8) The Secretary of State may by regulations— (a) make further provision about the matt...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 20(7)
A proposal must outline the purposes to be achieved by establishing the combined authority.
Exemplar quote from bill: ...nder this section is not submitted by all of the authorities to which this section applies, each authority which does not submit the proposal must consent to its submission to the Secretary of State. ...(7) A proposal under this section must specify the purposes to be achieved 10 by the establishment of the combined authority.... (8) The Secretary of State may by regulations— (a) make further provision about the matters which must be addressed by a proposal under this section; (b) make provision about material which must be i...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 20(8)
The Secretary of State has the power to make regulations regarding the matters to be addressed in a proposal and the material to be included or submitted with the proposal.
Exemplar quote from bill: ...it the proposal must consent to its submission to the Secretary of State. (7) A proposal under this section must specify the purposes to be achieved 10 by the establishment of the combined authority. ...(8) The Secretary of State may by regulations— (a) make further provision about the matters which must be addressed by a proposal under this section; (b) make provision about material which must be included in or 15 submitted with a proposal under this section.... (9) Regulations under subsection (8) may make incidental, supplementary, consequential, transitional, transitory or saving provision.” (4) 20 Section 110 (requirements in connection with establishmen...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 110
Section 110 is amended in accordance with subsections (5) to (8).
Exemplar quote from bill: ... included in or 15 submitted with a proposal under this section. (9) Regulations under subsection (8) may make incidental, supplementary, consequential, transitional, transitory or saving provision.” ...(4) 20 Section 110 (requirements in connection with establishment of combined authority) is amended in accordance with subsections (5) to (8).... (5) In subsection (1), for paragraph (a) substitute— “(a) the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the p...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 110(1)
Amendment to subsection (1) of Section 110, specifying the considerations the Secretary of State must make when establishing a combined authority.
Exemplar quote from bill: ...quential, transitional, transitory or saving provision.” (4) 20 Section 110 (requirements in connection with establishment of combined authority) is amended in accordance with subsections (5) to (8). ...(5) In subsection (1), for paragraph (a) substitute— “(a) the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area, (aa) the Secretary of State considers that to do so is appropriate 25 having regard to the need— (i) to secure effective and convenient local government, and (ii) 30 to reflect the identities and interests of local communities, (ab) where a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State considers that its establishment will achieve the purposes specified under subsection (7) of that section,”.... (6) For subsection (1A) substitute— 35 “(1A) If a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State must have regard to the propos...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 110(1A)
Amendment to subsection (1A) of Section 110, specifying that the Secretary of State must consider a proposal for the establishment of a combined authority when making the order.
Exemplar quote from bill: ...nt of the combined authority has been submitted under section 109A, the Secretary of State considers that its establishment will achieve the purposes specified under subsection (7) of that section,”. ...(6) For subsection (1A) substitute— 35 “(1A) If a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State must have regard to the proposal in making the order.”... 58 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 2—Other provision (7) In subsection (2), for paragraphs (a) and (b) (and the “and” at the end of paragraph (b)) su...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 110(2)
Amendment to subsection (2) of Section 110, specifying the requirements for a proposal and public consultation before the establishment of a combined authority.
Exemplar quote from bill: ...nder section 109A, the Secretary of State must have regard to the proposal in making the order.” 58 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 2—Other provision ...(7) In subsection (2), for paragraphs (a) and (b) (and the “and” at the end of paragraph (b)) substitute— “(a) a proposal has been prepared under section 109A, (b) 5 a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and”.... (8) Omit subsection (4). (9) This section does not affect— (a) 10 the operation of section 108 of the Local Democracy, Economic Development and Construction Act 2009 in relation to a review that bega...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: deletion
Section 110(4)
Subsection (4) of Section 110 is omitted.
Exemplar quote from bill: ...llows. (2) For subsection (4) substitute— “(4) An order under subsection (1) may be made in relation to an existing 30 mayoral combined authority only with the consent of the mayor of the authority.” ...(8) Omit subsection (4).... 60 Functions in respect of key route network roads (1) The Local Democracy, Economic Development and Construction Act 2009 is amended as follows. (2) In section 104, in subsection (10), for “An” subs...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 63(1)
The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (9).
Exemplar quote from bill: ...”, ““nominating body” means a body designated under section 104A(1);”, and ““non-constituent member” has the meaning given by section 104A(3);”. 62 Proposal for establishment of combined authority 10 ...(1) The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (9).... (2) Omit sections 108 (review by authorities: new combined authority) and 109 (preparation and publication of scheme: new combined authority). (3) Before section 110 insert— 15 “109A Proposal for new...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: deletion
Section 63(2)
Sections 111 and 112 of the Local Democracy, Economic Development and Construction Act 2009 are omitted.
Exemplar quote from bill: ...f this section. 63 Proposal for changes to existing combined arrangements (1) The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (9). ...(2) 25 Omit sections 111 (review by authorities: existing combined authority) and 112 (preparation and publication of scheme: existing combined authority).... (3) Before section 113 insert— “112A Proposal for changes to existing combined arrangements (1) One or more authorities to which this section applies may— (a) 30 prepare a proposal for the making of ...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 63(3)
A new section, 112A, is inserted before section 113, allowing authorities to prepare a proposal for changes to existing combined arrangements and submit it to the Secretary of State.
Exemplar quote from bill: ... in accordance with subsections (2) to (9). (2) 25 Omit sections 111 (review by authorities: existing combined authority) and 112 (preparation and publication of scheme: existing combined authority). ...(3) Before section 113 insert— “112A Proposal for changes to existing combined arrangements (1) One or more authorities to which this section applies may— (a) 30 prepare a proposal for the making of an order under section 104, 105, 105A, 106, 107, 107A, 107D or 107F in relation to an existing combined authority, and (b) submit the proposal to the Secretary of State. (2) This section applies to the following authorities— (a) the combined authority; (b) a county council the whole or any part of whose area is within 35 the area of the combined authority; (c) a district council whose area is within the area of the combined authority;... Levelling-up and Regeneration Bill 59 Part 2—Local democracy and devolution Chapter 2—Other provision (d) in the case of a proposal for the making of an order under section 106 to add all or part of...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 63(4)
Authorities must conduct a public consultation and consider the results before submitting a proposal to the Secretary of State.
Exemplar quote from bill: ..., that county council; (e) 5 in the case of a proposal for the making of an order under section 106 to add the area of a district council to the area of the combined authority, that district council. ...(3) Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must— (a) carry out a public consultation across— (i) the area of the combined authority, and 10 (ii) in the case of a proposal for the making of an order under section 106 to add a local government area to the area of the combined authority, that local government area, and (b) have regard to the results of the consultation in preparing the 15 proposal for submission to the Secretary of State.... (4) The requirements in subsection (3) may be satisfied by things done before the coming into force of this section. (5) 20 Before a proposal under this section for the making of an order is submitte...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 63(5)
Each person who would have to consent to the making of the order must consent to the submission of the proposal before it is submitted to the Secretary of State.
Exemplar quote from bill: ...onsultation in preparing the 15 proposal for submission to the Secretary of State. (4) The requirements in subsection (3) may be satisfied by things done before the coming into force of this section. ...(5) 20 Before a proposal under this section for the making of an order is submitted to the Secretary of State, each person who would have to consent to the making of the order must consent to the submission of the proposal.... (6) If a proposal under this section is submitted to the Secretary of State 25 by an authority, the authority is to be treated as having consented to its submission for the purposes of subsection (5)...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 63(6)
If an authority submits a proposal, it is considered to have consented to its submission for the purposes of subsection (5).
Exemplar quote from bill: ...is section for the making of regulations is submitted to the Secretary of State, each person who would have to consent to the making of the regulations must consent to the submission of the proposal. ...(6) If a proposal under this section is submitted to the Secretary of State by an authority, the authority is to be treated as having consented to its submission for the purposes of subsection (5)....5). (7) In determining for the purposes of subsection (6) who would have to consent 20 to the making of regulations under section 25, section 26(2)(b) (limited consent requirements) is to be disregard...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 63(7)
Subsections (3) and (4) of section 105B, which outline limited consent requirements, are disregarded when determining who would have to consent to the making of an order under section 105A.
Exemplar quote from bill: ...6) If a proposal under this section is submitted to the Secretary of State 25 by an authority, the authority is to be treated as having consented to its submission for the purposes of subsection (5). ...(7) In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 105A, subsections (3) and (4) of section 105B (limited consent requirements) are to be disregarded.... (8) In determining for the purposes of subsection (5) who would have to 30 consent to the making of an order under section 107A, section 107B(3)(b) (limited consent requirements) is to be disregarded...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 63(8)
Section 107B(3)(b), which outlines limited consent requirements, is disregarded when determining who would have to consent to the making of an order under section 107A.
Exemplar quote from bill: ...or the purposes of subsection (5) who would have to consent to the making of an order under section 105A, subsections (3) and (4) of section 105B (limited consent requirements) are to be disregarded. ...(8) In determining for the purposes of subsection (5) who would have to 30 consent to the making of an order under section 107A, section 107B(3)(b) (limited consent requirements) is to be disregarded.... (9) A proposal under this section must specify the purposes to be achieved by the order which it proposes should be made. (10) The Secretary of State may by regulations— 35 (a) make further provision...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 63(9)
A proposal under this section must specify the purposes to be achieved by the order it proposes.
Exemplar quote from bill: ...8) In determining for the purposes of subsection (5) who would have to 30 consent to the making of an order under section 107A, section 107B(3)(b) (limited consent requirements) is to be disregarded. ...(9) A proposal under this section must specify the purposes to be achieved by the order which it proposes should be made.... (10) The Secretary of State may by regulations— 35 (a) make further provision about the matters which must be addressed by a proposal under this section; (b) make provision about material which must ...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 63(10)
The Secretary of State has the power to make regulations regarding the matters to be addressed in a proposal and the material to be included or submitted with the proposal.
Exemplar quote from bill: ...ch does not submit the proposal must consent to its submission to the Secretary of State. (7) A proposal under this section must specify the purposes to be achieved by 20 the establishment of the CCA....(10) The Secretary of State may by regulations— (a) make further provision about the matters which must be addressed by a proposal under this section; (b) make provision about material which must be included in or submitted with a proposal under this section....on. (9) Regulations under subsection (8) may make incidental, supplementary, consequential, transitional, transitory or saving provision. 44 Requirements in connection with establishment of CCA (1) Th...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 68(2)
Amendment to subsection (4) of Section 9KC, specifying the conditions under which a local authority may submit a proposal for consent to pass Resolution B.
Exemplar quote from bill: ...nt council (within the meaning of paragraph 3 of Schedule 5A).” Local authority governance 68 Timing for changes in governance arrangements (1) The Local Government Act 2000 is amended as follows. 10 ...(2) In section 9KC (resolution of local authority)— (a) in subsection (4)— (i) the words from “Resolution B is approved” to the end of the subsection become paragraph (a), and (ii) at the end of that paragraph insert “, or 15 (b) subsection (4A) applies and Resolution B is passed in accordance with subsection (4E).”, and (b) after subsection (4) insert— “(4A) This subsection applies where Resolution B— (a) makes a change in governance arrangements— 20 (i) under section 9K for the local authority to start to operate executive arrangements, or (ii) under section 9KA for the local authority to vary 25 its executive arrangements so that they provide for a mayor and cabinet executive, and (b) has not been approved in a referendum held in accordance with this Chapter. (4B) Where subsection (4A) applies, the local authority may submit 30 a proposal to the Secretary of State for consent to pass Resolution B before the end of the period of 5 years beginning with the date Resolution A is passed. (4C) A proposal must specify— (a) the change in governance arrangements to be made by 35 Resolution B, and (b) how the change is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority. (4D) 40 The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority. (4E) 5 If the Secretary of State consents to a proposal, the local authority may pass Resolution B— (a) before the end of the 5 year period beginning with the date Resolution A is passed, but (b) not later than the end of the 3 year period beginning with the date consent is given....s passed, but (b) not later than the end of the 3 year period beginning with the date consent is given. (4F) The Secretary of State may by regulations make further 10 provision about— (a) the matters ...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 68(3)
Amendment to subsection (1) of Section 9MF, specifying the conditions under which a local authority may submit a proposal for consent to hold Referendum B.
Exemplar quote from bill: ...may by regulations make further 10 provision about— (a) the matters which must be addressed by a proposal under this section, and (b) 15 how a proposal is to be considered by the Secretary of State.” ...(3) In section 9MF (further provision with respect to referendums)— (a) in subsection (1)— (i) the words from “subsection (2)” to the end of the subsection become paragraph (a), and (ii) at the end of that paragraph insert “, or 20 (b) subsection (3A) applies and Referendum B is held in accordance with subsection (3E).”, and (b) after subsection (3) insert— “(3A) 25 This subsection applies if Referendum B is held under section 9M to approve a change in governance arrangements— (a) under section 9K for the local authority to start to operate executive arrangements, or (b) under section 9KA for the local authority to vary its 30 executive arrangements so that they provide for a mayor and cabinet executive. (3B) Where subsection (3A) applies, the local authority may submit a proposal to the Secretary of State for consent to hold Referendum B within the period of 10 years beginning with the date of Referendum A. (3C) A proposal must specify— 35 (a) the change in governance arrangements that is subject to approval in Referendum B, and (b) how the change is likely to improve the economic, social 40 and environmental well-being of some or all of the people who live or work in the area of the local authority. (3D) The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements is likely to improve the economic, social and 5 environmental well-being of some or all of the people who live or work in the area of the local authority. (3E) If the Secretary of State consents to a proposal, the local authority may hold Referendum B— (a) within the 10 year period beginning with the date of Referendum A, but (b) not later than the end of the 3 year period beginning 10 with the date consent is given. (3F) The Secretary of State may by regulations make further provision about— (a) 15 the matters which must be addressed by a proposal under this section, and (b) how a proposal is to be considered by the Secretary of State....by a proposal under this section, and (b) how a proposal is to be considered by the Secretary of State.” 69 Transfer of functions: changes in governance arrangements (1) 20 The Local Government Act 20...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 68(11)
The Secretary of State has the power to make regulations regarding the matters to be addressed in a proposal and how it is to be considered.
Exemplar quote from bill: ...uilding safety regulator for the purposes of the Building Safety Act 2022. (2) The new regulator may be— (a) a body established by the regulations, or (b) another body specified in the regulations. (3...(11) The Secretary of State may by regulations make further provision about— (a) 15 the matters which must be addressed by a proposal under this section, and (b) how a proposal is to be considered by the Secretary of State....lishing or modifying the constitutional arrangements of the new regulator; Levelling-up and Regeneration Bill 265 Part 12—Miscellaneous (c) establishing or modifying the funding arrangements of the n...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 9KC of the Local Government Act 2000
Section 9KC is amended to include references to sections 9NC and 9ND, which provide further provisions about when a resolution under this section may be passed.
Exemplar quote from bill: ... in governance arrangements (1) 20 The Local Government Act 2000 is amended in accordance with subsections (2) to (5). (2) In section 9KC (resolution of local authority), after subsection (5) insert— ...“(6) See sections 9NC and 9ND (transfer of functions: changes in governance arrangements) for further provision about when a resolution under this section may be passed.”... (3) In section 9MB (requirement to hold and give effect to referendum)— 25 (a) in subsection (4)— (i) the words from “within the period” to the end of the subsection become paragraph (a), and (ii) at...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 9MB of the Local Government Act 2000
Section 9MB is amended to include a new provision that allows for the requirement to hold and give effect to a referendum to be extended by 28 days if paragraph (b) of section 9ND(7) applies.
Exemplar quote from bill: ...d and give effect to referendum)— 25 (a) in subsection (4)— (i) the words from “within the period” to the end of the subsection become paragraph (a), and (ii) at the end of that paragraph insert “, or...“(b) where paragraph (b) of section 9ND(7) (transfer of functions: changes in governance arrangements) applies, within the period of 28 days beginning with the day when the regulations mentioned in that subsection are amended or revoked.”...oked.”, and (b) after subsection (5) insert— “(6) See section 9ND for further provision about referendums under section 9M.” 66 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 9MF of the Local Government Act 2000
Section 9MF is amended to include a reference to section 9ND, which provides further provisions about referendums under section 9MC.
Exemplar quote from bill: ...66 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 2—Other provision (4) In section 9MF (further provision with respect to referendums), after subsection (6) insert— ...“(7) See section 9ND (transfer of functions: changes in governance arrangements) for further provision about referendums under section 9MC.”....” (5) After section 9NB insert— “Transfer of functions: changes in governance arrangements 9NC Transfer of functions: changes in governance arrangements not subject to a referendum (1) This section a...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
New Section 107H of the Local Democracy, Economic Development and Construction Act 2009
New Section 107H is introduced, which allows mayoral combined authorities to choose alternative titles for their mayors. The authority must pass a resolution at their first meeting after the order comes into force, either providing that the mayor is known as "mayor" or changing the title to one of the alternative titles listed in the section.
Exemplar quote from bill: ...ter 2—Other provision Alternative mayoral titles 73 Combined authorities: alternative mayoral titles After section 107G of the Local Democracy, Economic Development and Construction Act 2009 insert— ...“107H Alternative mayoral titles: new mayoral combined authorities (1) This section applies to a mayoral combined authority where the order made under section 107A (power to provide for election of mayor) in relation to the authority comes into force on or after the date on which this section comes into force. (2) At the first meeting of the authority after the order made under section 107A comes into force, the authority must, by a resolution in accordance with subsection (4)— (a) provide that the mayor for the area of the authority is to be known by the title of mayor, or (b) change the title by which the mayor for the area of the authority is to be known to an alternative title mentioned in subsection (3). (3) The alternative titles are— (a) county commissioner; (b) county governor; (c) elected leader; (d) governor; (e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority. (4) The following requirements must be met in relation to the resolution mentioned in subsection (2)— (a) particulars of the resolution must be included in the notice of the meeting, (b) where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and (c) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.”...ity who vote on it. (5) Subsections (6) and (7) apply where under this section a mayoral combined authority changes the title by which the mayor for the area of the authority is to be known to an alte...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
New Section 107I of the Local Democracy, Economic Development and Construction Act 2009
New Section 107I is introduced, which allows existing mayoral combined authorities to change the title of their mayors to alternative titles. The authority must pass a resolution at their first meeting after a qualifying election, either changing the title to one of the alternative titles listed in the section or to a title that the authority considers more appropriate.
Exemplar quote from bill: ...ction “enactment”— (a) includes an enactment comprised in subordinate legislation 20 within the meaning of the Interpretation Act 1978, but (b) does not include this section or sections 107I and 107J....“107I Alternative mayoral titles: existing mayoral combined authorities (1) This section applies to a mayoral combined authority where the order made under section 107A (power to provide for election of mayor) in relation to the authority comes into force before the date on which this section comes into force. (2) The authority may, by a resolution in accordance with subsection (3), change the title by which the mayor for the area of the authority is to be known to one of the following alternative titles— (a) county commissioner; (b) county governor; (c) elected leader; (d) governor; (e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority. (3) The following requirements must be met in relation to the resolution— (a) the resolution must be considered at the first meeting of the authority held after a qualifying election for the return of the mayor, (b) particulars of the resolution must be included in the notice of the meeting, (c) where the resolution includes a proposed alternative title mentioned in subsection (2)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (2), and (d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.”...the resolution must be passed at the meeting by a simple 10 majority of the members of the authority who vote on it. (4) Subsections (5) and (6) apply where under this section a mayoral combined autho...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
New Section 107J of the Local Democracy, Economic Development and Construction Act 2009
New Section 107J is introduced, which allows mayoral combined authorities to make further changes to the title of their mayors. The authority may pass a resolution at a relevant meeting, either providing that the mayor is no longer known by the alternative title or changing the title to one of the alternative titles listed in the section.
Exemplar quote from bill: ...urring before expiry of the mayor’s term of office. Levelling-up and Regeneration Bill 73 Part 2—Local democracy and devolution Chapter 2—Other provision (10) This section is subject to section 107J....“107J Alternative mayoral titles: further changes (1) This section applies where a mayoral combined authority has— (a) by a resolution under section 107H or 107I or by a previous resolution under this section, changed the title by which the mayor for the area of the authority is to be known to an alternative title, (b) by a resolution under section 107H, provided that the mayor for the area of the authority is to be known by the title of mayor, or (c) by a previous resolution under this section, provided that the mayor for the area of the authority is no longer to be known by an alternative title. (2) The authority may, by a resolution in accordance with subsection (4), in a subsection (1)(a) case— (i) provide that the mayor is no longer to be known by the alternative title, or (ii) change the title by which the mayor is to be known to an alternative title mentioned in subsection (3); (b) in a subsection (1)(b) or (c) case, change the title by which the mayor is to be known to an alternative title mentioned in subsection (3). (3) The alternative titles are— (a) county commissioner; (b) county governor; (c) elected leader; (d) governor; (e) a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority. (4) The following requirements must be met in relation to the resolution mentioned in subsection (2)— (a) the resolution must be considered at a relevant meeting of the authority, (b) particulars of the resolution must be included in the notice of the meeting, (c) where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and (d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.”... provision (d) the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it. (5) In subsection (4)(a) “relevant meeting” means the first meeting of...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
New Section 107K of the Local Democracy, Economic Development and Construction Act 2009
New Section 107K is introduced, which grants the Secretary of State the power to amend the list of alternative titles in sections 107H, 107I, and 107J. The Secretary of State may add, modify, or remove a reference to an alternative title or a description of an alternative title through regulations.
Exemplar quote from bill: ...not include a non-constituent member or an associate member. (13) In this section— “enactment” has the same meaning as in section 107H; “qualifying election” has the same meaning as in section 107I. 5...“107K Power to amend list of alternative titles (1) The Secretary of State may by regulations amend section 107H(3), 107I(2) or 107J(3) to add, modify or remove a reference to an alternative title or a description of an alternative title. (2) Regulations under subsection (1) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to section 107H, 107I or 107J.”...J.” 74 Local authorities in England: alternative mayoral titles (1) The Local Government Act 2000 is amended as follows. 15 (2) After section 9HE insert— “9HF Alternative mayoral titles (1) A local au...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 123 of the Local Government Act 1972
Section 123 is amended to include police and crime commissioners and the Mayor's Office for Policing and Crime as principal councils for the purposes of the disposal of land by principal councils.
Exemplar quote from bill: ...this section”, substitute “described in subsection (6)”. 72 Disposal of land In section 123 of the Local Government Act 1972 (disposal of land by principal 25 councils), after subsection (2B) insert— ...“(2C) Police and crime commissioners and the Mayor’s Office for Policing and Crime are to be treated as principal councils for the purposes of this section.”... 70 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 2—Other provision Alternative mayoral titles 73 Combined authorities: alternative mayoral titles After section 107...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (d) in section 25
The proposed change inserts a new subsection (d) in section 25, which requires the provision of prescribed information regarding commencement notices under section 93G to the local planning authority.
Exemplar quote from bill: ...n (1), after paragraph (f) (inserted by section 106(4)(a)) insert— “(g) commencement notices under section 93G.”; (b) 25 in subsection (2), after paragraph (c) (inserted by section 106(4)(b)) insert— ...“(d) such information as is prescribed with respect to commencement notices under section 93G that are given to the local planning authority.”... 106 Completion notices (1) TCPA 1990 is amended as follows. 30 (2) After section 93G insert— “Termination of planning permission: England 93H Completion notices (1) This section applies where— (a) a ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 171B
The proposed amendment changes the time limits for enforcement in section 171B. In the case of a breach of planning control in England, the time limit is extended to ten years from the date on which the operations were substantially completed.
Exemplar quote from bill: ...l in Wales, four years 15 beginning with the date on which the operations were substantially completed.” (2) In that section, in subsection (2), for the words from “four years” to the end substitute— ...“(a) in the case of a breach of planning control in England, ten years beginning with the date on which the operations were substantially completed, and (b) in the case of a breach of planning control in Wales, four years beginning with the date on which the operations were substantially completed.”...orary stop notices) is amended as follows. (2) In subsection (7)(a), for “period of 28 days” substitute “relevant period”. (3) After subsection (7) insert— 25 “(8) In subsection (7)(a), “relevant peri...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 171E
The proposed amendment changes the duration of temporary stop notices in section 171E. In the case of a notice issued by a local planning authority in England, the relevant period is extended to 56 days.
Exemplar quote from bill: ...tices (1) Section 171E of TCPA 1990 (temporary stop notices) is amended as follows. (2) In subsection (7)(a), for “period of 28 days” substitute “relevant period”. (3) After subsection (7) insert— 25 ...“(8) In subsection (7)(a), “relevant period” means— (a) in the case of a notice issued by a local planning authority in England, 56 days; (b) in the case of a notice issued by a local planning authority in Wales, 28 days.”...s.” 111 Enforcement warning notices (1) TCPA 1990 is amended as follows. (2) In section 171A (expressions used in connection with enforcement), in subsection (2)— Levelling-up and Regeneration Bill 14...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 172ZA
The proposed change inserts a new section 172ZA, which allows the local planning authority to issue an enforcement warning notice in cases of a breach of planning control in England where there is a reasonable prospect of planning permission being granted if an application were made. The notice must state the breach and the possibility of further enforcement action if an application is not made within a specified period.
Exemplar quote from bill: ...ZA;”; (b) 5 in paragraph (aa), for “(defined in section 173ZA)” substitute “in relation to land in Wales under section 173ZA”. (3) Before section 172 insert— “172ZA Enforcement warning notice: England...“(1) The local planning authority may issue a notice (an “enforcement warning notice”) where it appears to them that— (a) there has been a breach of planning control in respect of any land in England, and (b) there is a reasonable prospect that, if an application for planning permission in respect of the development concerned were made, planning permission would be granted. (2) The notice must— (a) state the matters that appear to the authority to constitute the breach of planning control, and (b) state that, unless an application for planning permission is made within a period specified in the notice, further enforcement action may be taken. (3) A copy of the notice must be served— (a) on the owner and the occupier of the land to which it relates, and (b) on any other person having an interest in the land, being an interest that, in the opinion of the authority, would be materially affected by the taking of any further enforcement action. (4) The issue of an enforcement warning notice does not affect any other power exercisable in respect of any breach of planning control.”...ng control.” (4) In section 188 (register of enforcement and stop notices and other enforcement 30 action) in subsection (1)— (a) after paragraph (za) insert— “(zb) to enforcement warning notices unde...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 174
The proposed amendment changes the restrictions on appeals against enforcement notices in section 174. An appeal may not be brought on the ground specified if the land is in England and the enforcement notice was issued after the making of a related planning permission application.
Exemplar quote from bill: ...n 70B (power to decline to determine application similar to a pending one)— (a) in subsection (5), at the beginning insert “Subject to subsections (5A) and (5B),”; (b) after subsection (5) insert— 40 ...“(2A) An appeal may not be brought on the ground specified in subsection (2)(a) if— (a) the land to which the enforcement notice relates is in England, and (b) the enforcement notice was issued at a time after the making of an application for planning permission that was related to the enforcement notice.”...ion that is to be determined in accordance with section 73B is similar to another application that is to be determined in accordance with that section only if the local 5 planning authority think that...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection 2AA
The proposed change introduces subsection 2AA to clarify the relationship between an application for planning permission and an enforcement notice. It states that an application is related to an enforcement notice if granting planning permission for the development would involve granting permission for the matters specified in the enforcement notice as a breach of planning control. Additionally, it specifies that an application that the local planning authority or the Secretary of State declined to determine under certain sections should be ignored.
Exemplar quote from bill: ...enforcement notice relates is in England, and (b) the enforcement notice was issued at a time after the making 10 of an application for planning permission that was related to the enforcement notice. ...(2AA) For the purposes of subsection (2A)— (a) an application for planning permission for the development of any land is related to an enforcement notice if granting 15 planning permission for the development would involve granting planning permission in respect of the matters specified in the enforcement notice as constituting a breach of planning control; (b) an application for planning permission that the local planning 20 authority or the Secretary of State declined to determine under section 70A, 70B or 70C is to be ignored.... (2AB) But subsection (2A) does not apply if— (a) the application for planning permission has ceased to be under consideration, and (b) 25 the enforcement notice was issued after the end of the period...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection 2AB
The proposed change introduces subsection 2AB to specify that subsection 2A does not apply if the application for planning permission has ceased to be under consideration and the enforcement notice was issued after the end of a two-year period from the day the application ceased to be under consideration.
Exemplar quote from bill: ...ch of planning control; (b) an application for planning permission that the local planning 20 authority or the Secretary of State declined to determine under section 70A, 70B or 70C is to be ignored. ...(2AB) But subsection (2A) does not apply if— (a) the application for planning permission has ceased to be under consideration, and (b) 25 the enforcement notice was issued after the end of the period of two years beginning with the day on which the application ceased to be under consideration.... (2AC) For the purposes of subsection (2AB), an application for planning permission has ceased to be under consideration if— (a) 30 the application was refused, or granted subject to conditions, and, ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection 2AC
The proposed change introduces subsection 2AC to define when an application for planning permission has ceased to be under consideration. It states that an application is considered ceased if it was refused or granted subject to conditions and the applicant did not appeal, or if the applicant appealed and the appeal was dismissed or granted subject to conditions or different conditions, or if the Secretary of State declined to determine the appeal.
Exemplar quote from bill: ...ased to be under consideration, and (b) 25 the enforcement notice was issued after the end of the period of two years beginning with the day on which the application ceased to be under consideration. ...(2AC) For the purposes of subsection (2AB), an application for planning permission has ceased to be under consideration if— (a) 30 the application was refused, or granted subject to conditions, and, in the case of an application determined by the local planning authority, the applicant did not appeal under section 78(1)(a); (b) the applicant did not appeal in the circumstances mentioned 35 in section 78(2) and the application was not subsequently refused; (c) the applicant appealed under section 78(1)(a) or section 78(2) and— (i) the appeal was dismissed, (ii) 40 the application was on appeal granted subject to conditions, or subject to different conditions, or (iii) the Secretary of State declined under section 79(6) to determine the appeal.... Levelling-up and Regeneration Bill 143 Part 3—Planning Chapter 5—Enforcement of planning controls (2B) For the purposes of subsection (2AB), the day on which the application ceased to be under consi...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection 2B
The proposed change introduces subsection 2B to define the day on which an application for planning permission ceased to be under consideration. It provides specific scenarios and corresponding days for each scenario.
Exemplar quote from bill: ...nt conditions, or (iii) the Secretary of State declined under section 79(6) to determine the appeal. Levelling-up and Regeneration Bill 143 Part 3—Planning Chapter 5—Enforcement of planning controls ...(2B) For the purposes of subsection (2AB), the day on which the application ceased to be under consideration is— (a) in a case within subsection (2AC)(a), the day on which the right to appeal arose; (b) in a case within subsection (2AC)(b), the day after the end of 5 the prescribed period referred to in section 78(2); (c) in a case within subsection (2AC)(c)(i), the day on which the appeal was dismissed; (d) 10 in a case within subsection (2AC)(c)(ii), the day on which the appeal was determined; (e) in a case within subsection (2AC)(c)(iii) relating to an appeal under section 78(1)(a), the day on which the right to appeal arose; (f) 15 in a case within subsection (2AC)(c)(iii) relating to an appeal under section 78(2), the day after the end of the prescribed period referred to in section 78(2).”... 113 Undue delays in appeals (1) TCPA 1990 is amended as follows. (2) 20 In section 176 (determination of appeals relating to enforcement notices), at the end insert— “(6) If at any time before or dur...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 114
The proposed change amends section 187A of the TCPA 1990 to specify that a person who fails to comply with conditions may be subject to a fine if the land is in England, or a fine not exceeding level 3 on the standard scale if the land is in Wales.
Exemplar quote from bill: ... of appointed person)— (a) in sub-paragraph (1)(b) for “and (5)” substitute “, (5) and (6)”; 5 (b) in sub-paragraph (1)(c), for “and (3)” substitute “, (3) and (3A)”. 114 Penalties for non-compliance ...(1) In section 187A of TCPA 1990 (enforcement of conditions), in subsection (12), for the words from “to a fine” to the end substitute— “(a) to a fine, if the land is in England, or 10 (b) to a fine not exceeding level 3 on the standard scale, if the land is in Wales.”... (2) In section 216 of TCPA 1990 (penalty for non-compliance with section 215 notice)— (a) in subsection (2), for the words from “to a fine” to the end substitute— 15 “(a) to a fine, if the land is En...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 216
The proposed change amends section 216 of the TCPA 1990 to specify that a person who fails to comply with a section 215 notice may be subject to a fine if the land is in England, or a fine not exceeding level 3 on the standard scale if the land is in Wales.
Exemplar quote from bill: ...he land is in England, or 10 (b) to a fine not exceeding level 3 on the standard scale, if the land is in Wales.” (2) In section 216 of TCPA 1990 (penalty for non-compliance with section 215 notice)— ...(a) in subsection (2), for the words from “to a fine” to the end substitute— 15 “(a) to a fine, if the land is England, or (b) to a fine not exceeding level 3 on the standard scale, if the land is in Wales.”;... (b) 20 in subsection (6), for “one-tenth of level 3 on the standard scale” substitute “the relevant amount”; (c) after subsection (6) insert— “(6A) In subsection (6) “the relevant amount” means— (a) ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 116
The proposed change amends section 122 of the Localism Act 2011 to remove subsections (3) and (4), which provide for the expiry of sections 61W to 61Y of the TCPA 1990. This change eliminates the expiration of certain provisions related to consultation before applying for planning permission in England.
Exemplar quote from bill: ...rcement measures indefinitely or only for a specified period of time. (10) 15 In this section, “specified” means specified or described in regulations under subsection (1).” CHAPTER 6 OTHER PROVISION ...116 Consultation before applying for planning permission 20 In section 122 of the Localism Act 2011 (consultation before applying for planning permission in England), omit subsections (3) and (4) (which provide for the expiry of sections 61W to 61Y of TCPA 1990).... 117 Duty in relation to self-build and custom housebuilding (1) In section 2A of the Self-build and Custom Housebuilding Act 2015 (duty to grant planning permissions etc)— (a) in subsection (2)— 25 (...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 117
The proposed change amends section 2A of the Self-build and Custom Housebuilding Act 2015 to modify the duty to grant planning permissions. It removes the requirement for the permissions to be "suitable" and replaces it with the requirement for the permissions to be for the carrying out of self-build and custom housebuilding on enough serviced plots. Additionally, it introduces the provision for regulations to specify which planning permissions or permissions in principle are to be treated as development permission for the purposes of self-build and custom housebuilding.
Exemplar quote from bill: ...lying for planning permission in England), omit subsections (3) and (4) (which provide for the expiry of sections 61W to 61Y of TCPA 1990). 117 Duty in relation to self-build and custom housebuilding ...(1) In section 2A of the Self-build and Custom Housebuilding Act 2015 (duty to grant planning permissions etc)— (a) in subsection (2)— 25 (i) omit “suitable”; (ii) for “in respect of enough serviced plots” substitute “for the carrying out of self-build and custom housebuilding on enough serviced plots”; (iii) for “arising in” substitute “in respect of”; 30 (b) after subsection (5) insert— “(5A) Regulations may make provision specifying descriptions of planning permissions or permissions in principle that are, or are not, to be treated as development permission for the carrying out of self-build and custom housebuilding for the purposes of this section.”;....”; Levelling-up and Regeneration Bill 147 Part 3—Planning Chapter 6—Other provision (c) in subsection (6), for paragraph (a) substitute— “(a) the demand for self-build and custom housebuilding in an...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 118
The proposed change introduces section 327ZA before section 327A of the TCPA 1990 to grant powers to make provision about the form and content of planning applications in England. It includes the power to require or allow applications to be made or associated documents to be provided electronically, with specific technical standards or specifications. It also grants the power to waive certain requirements and to require specific qualifications or experience for the preparation or endorsement of applications or associated documents. The power can be exercised by referring to published material on a government website. The section provides definitions for "associated document" and "planning application."
Exemplar quote from bill: ...the Self-build and Custom Housebuilding Act 2015 (regulations), 25 in subsection (2), before paragraph (za) insert— “(zza) section 2A(5A),”. 118 Powers as to form and content of planning applications ...(1) Before section 327A of TCPA 1990 insert— “327ZA Planning applications in England: powers as to form and content 30 (1) Subsections (2) to (3) apply to a relevant power to make provision about— (a) the form or manner in which a planning application is to be made, or (b) the form or manner in which an associated document is to be 35 provided. (2) The power includes power to make provision requiring or allowing the application to be made, or the associated document to be provided— (a) by particular electronic means, or 40 (b) by electronic means that satisfy particular technical standards or specifications. (3) The power includes power to make provision requiring or allowing the authority to which a planning application is (or is to be) made to waive a requirement of a sort described in subsection (2). (4) Subsection (5) applies to a relevant power to make provision about the content of a planning application or associated document. (5) The power includes power to make provision requiring the application or associated document, or any particular content of it, to be prepared or endorsed by a person with particular qualifications or experience. (6) Subsection (7) applies to any power within subsection (1) or (4). (7) The power may be exercised by making provision referring (and giving effect) to such material of a particular description as is published from time to time by the Secretary of State on a government website together with a statement that it has effect for the purposes of the provision in question. (8) Provision that may be made by virtue of subsection (7) includes, for example, provision requiring or allowing a planning application to be made (or an associated document to be provided) using such a form, or in accordance with such specifications, as are published from time to time as mentioned in that subsection. (9) In this section, a “relevant power to make provision” about a certain matter is a power of the Secretary of State under this Act to make subordinate provision about that matter, if and so far as the power is exercisable in relation to England. (10) It is irrelevant for the purposes of subsection (9) in what terms a power is conferred (and, in particular, whether it relates specifically to the matter in question or is a more general power capable of exercise in relation to that matter). (11) In this section— 30 “associated document” means any document or other material that— (a) accompanies, relates to, or is or is to be subject of, a planning application, and (b) is required by or under this Act to be provided by or 35 on behalf of the person making the application; “planning application” means— (a) an application under, or for the purposes of, any provision of Part 3 or 8 of this Act or any subordinate provision made under that Part, or (b) an application under section 191 or 192, but does not include an application made in legal proceedings;...pplication under section 191 or 192, but does not include an application made in legal proceedings; Levelling-up and Regeneration Bill 149 Part 3—Planning Chapter 6—Other provision “provided” include...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 119
The proposed change amends section 106A of the TCPA 1990 to grant the power to make regulations regarding the modification and discharge of planning obligations in relation to land in England. The regulations may specify requirements that must be met for a planning obligation to be modified or discharged and circumstances in which a planning obligation may not be modified or discharged.
Exemplar quote from bill: ...plication under, or for the purposes of, any provision of this Act or any subordinate provision made under this Act 10 (but are not to be read as including an application made in legal proceedings).” ...119 Additional powers in relation to planning obligations In section 106A of TCPA 1990 (modification and discharge of planning obligations), after subsection (9) insert— “(9A) Regulations may make provision for, or in connection with— (a) requirements which must be met in order for a planning 15 obligation in respect of land in England to be modified or discharged; and (b) circumstances in which a planning obligation in respect of land in England may not be modified or discharged.”... 120 Fees for certain services in relation to nationally significant infrastructure 20 projects (1) After section 54 of the Planning Act 2008 (rights of entry: Crown land) insert— “CHAPTER 4 FEES 54A ...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 120
The proposed change inserts section 54A after section 54 of the Planning Act 2008 to grant the Secretary of State the power to make regulations for the charging of fees by prescribed public authorities in relation to the provision of relevant services. Relevant services include advice, information, or other assistance provided in connection with applications or proposed applications for orders granting development consent or making changes to or revoking such orders, as well as other prescribed matters relating to nationally significant infrastructure projects.
Exemplar quote from bill: ...stances in which a planning obligation in respect of land in England may not be modified or discharged.” 120 Fees for certain services in relation to nationally significant infrastructure 20 projects ...(1) After section 54 of the Planning Act 2008 (rights of entry: Crown land) insert— “CHAPTER 4 FEES 54A Power to provide for fees for certain services in relation to nationally 25 significant infrastructure projects (1) The Secretary of State may make regulations for and in connection with the charging of fees by prescribed public authorities in relation to the provision of relevant services. (2) A “relevant service” means any advice, information or other assistance 30 (including a response to a consultation) provided in connection with— (a) an application or proposed application— (i) for an order granting development consent, or (ii) to make a change to, or revoke, such an order, or (b) any other prescribed matter relating to nationally significant 35 infrastructure projects.... Levelling-up and Regeneration Bill 151 Part 3—Planning Chapter 6—Other provision (3) The regulations under subsection (1) may in particular make provision— (a) about when a fee (including a suppleme...
- ‼️ Economic Impact
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Definition of "CLA option"
The bill defines a "CLA option" as an option to acquire a freehold or leasehold interest in land. The option can be exercised by the local planning authority or disposed of to another person. It must be granted under a community land auction arrangement and meet any requirements imposed by CLA regulations.
Exemplar quote from bill: ... develop the land, (ii) exercise the CLA option with a view to developing the land itself, or (iii) 30 dispose of the CLA option to a person who proposes to exercise it and then develop the land. (4) ...A “CLA option”, in relation to land, means an option to acquire a freehold or leasehold interest in the land which— (a) subject to CLA regulations under paragraph (c), can be— (i) 35 exercised by the local planning authority in whose area the land is situated, or (ii) disposed of by that authority to any other person, on such terms as the authority considers appropriate, (b) is granted under a community land auction arrangement, and (c) meets any requirements imposed by CLA regulations.... Levelling-up and Regeneration Bill 161 Part 5—Community land auction pilots (5) CLA regulations under subsection (4)(c) may, in particular, include provision about— (a) how long a CLA option must be...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Application of CLA receipts
The bill allows CLA regulations to specify the extent to which CLA receipts received by a local planning authority must be applied to funding infrastructure provision, improvement, replacement, operation, or maintenance of a particular description.
Exemplar quote from bill: ... the operation of community land auction arrangements in relation to its area. (2) Subsection (1) is subject to the following provisions of this section and sections 135(1) to (3) and 136(2) and (3). ...(3) CLA regulations may make provision about the extent to which the CLA receipts received by a local planning authority may or must be applied to funding the provision, improvement, replacement, operation or maintenance of infrastructure of a particular description....on. (4) In this section (except subsection (6)) and sections 135(2), 131(2) and 132 “infrastructure” includes— (a) roads and other transport facilities, (b) flood defences, 20 (c) schools and other ed...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 155 (Consequential repeal of power to make provision for environmental assessment)
Section 71A, which deals with the assessment of environmental effects, is repealed.
Exemplar quote from bill: ...3). 180 Levelling-up and Regeneration Bill Part 6—Environmental outcomes reports 155 Consequential repeal of power to make provision for environmental assessment (1) TCPA 1990 is amended as follows. ...(2) Omit section 71A (assessment of environmental effects).... (3) In section 293A (urgent Crown development: application), in subsection (4), 5 omit paragraph (a). 156 EOR regulations: further provision (1) EOR regulations may make provision about or in connect...
- ‼️ Environmental Impact
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 218
The proposed change provides definitions for terms used in relation to compulsory purchase, including "acquiring authority," "approved data standards," "relevant compulsory purchase data," "relevant compulsory purchase documentation," and "relevant compulsory purchase legislation."
Exemplar quote from bill: ...sory purchase data as is specified or described in the regulations, to comply with any approved data standards which are applicable. 218 Levelling-up and Regeneration Bill Part 9—Compulsory purchase ...(2) “Acquiring authority” means any person who is, or may be, authorised under an enactment to acquire land compulsorily.... (3) “Approved data standards”, in relation to relevant compulsory purchase data, 5 are such written standards, containing technical specifications or other requirements in relation to the data, or in...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 178
The proposed amendment changes the wording in section 6D of the Land Compensation Act 1961, replacing "regeneration or redevelopment" with "development" and adding a new subsection to clarify that "development" includes re-development, regeneration, and improvement.
Exemplar quote from bill: ...f the Neighbourhood Planning Act 2017. (7) 25 “Providing”, in subsection (1), includes submitting, issuing, serving, notifying and publishing. Compensation 178 ‘No-scheme’ principle: minor amendments ...(1) In section 6D of the Land Compensation Act 1961 (no-scheme principle)— (a) in subsection (3), for “regeneration or redevelopment” substitute “development”; (b) in subsection (4)(a), for “regeneration or redevelopment” substitute “development for which the land is acquired”; (c) after subsection (6) insert— “(7) In this section and section 6E, “development” includes re-development, regeneration and improvement.”...ment.” (2) In section 6E of that Act (further provision about inclusion of transport projects in “scheme” for purposes of no-scheme principle)— Levelling-up and Regeneration Bill 219 Part 9—Compulsory...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 179
The proposed amendment modifies section 14 of the Land Compensation Act 1961, changing the wording regarding the consideration of actual or prospective planning permission in valuing land. It specifies that the valuation should take into account the prospect of planning permission being granted for development, except for development for which planning permission is already in force at the relevant valuation date.
Exemplar quote from bill: ... section 178 15 of the Levelling-up and Regeneration Bill comes into force.” 179 Prospects of planning permission for alternative development (1) The Land Compensation Act 1961 is amended as follows. ...(2) In section 14 (taking account of actual or prospective planning permission in valuing land)— (a) in subsection (2), for paragraph (b) substitute— “(b) of the prospect of planning permission being granted on or after that date for development, whether on the relevant land or other land, other than development for which planning permission is in force at the relevant valuation date.”;...ate.”; (b) for subsections (3) and (4) substitute— “(2A) If a description of development is certified under section 17 as appropriate alternative development in relation to the relevant 30 land (or an...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 180
The proposed change adds a provision to the Acquisition of Land Act 1981, stating that the Act does not apply to an order directing that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961.
Exemplar quote from bill: ...urchase referred to in the applicable paragraph of subsection (2) does not affect the continued application of that subsection.” 180 Power to require prospects of planning permission to be ignored 25 ...(1) In the Acquisition of Land Act 1981— (a) in section 7(3) (regulations subject to negative procedure), before “paragraph 4A” insert “section 15A(11) or”; (b) in section 14A (confirmation by acquiring authority), after subsection (2) insert— “(2A) Nor does it apply to an order directing that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (see section 15A).”;....”; (c) after section 15 insert— “Special provision about compensation 35 15A Directions applying section 14A of the Land Compensation Act 1961 (1) Subsection (2) applies if— Levelling-up and Regenera...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 180
The proposed change introduces a new section, 15A, to the Acquisition of Land Act 1981. It allows an acquiring authority to include a direction in a compulsory purchase order that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961, which deals with cases where the prospect of planning permission is to be ignored. The following provisions of section 15A then apply.
Exemplar quote from bill: ...by the Secretary of State shall have the same effect as a notice issued by the local planning authority under section 44AA.” 106 Levelling-up and Regeneration Bill Part 3—Planning Chapter 3—Heritage ...(3) In section 15A (Directions applying section 14A of the Land Compensation Act 1961)— (1) Subsection (2) applies if— (a) an acquiring authority submits a compulsory purchase order for confirmation, and (b) the authorising enactment is listed in Schedule 2A. (2) The acquiring authority may include in the order a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if it does so the following provisions of this section apply....ertaining whether a temporary stop notice issued under that section is being complied with; (c) considering any claim for compensation under section 15 44AC.”; (b) in subsection (3A)— (i) in paragraph...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 180
The proposed change adds a provision to section 15A of the Acquisition of Land Act 1981, stating that the local planning authority may issue a certificate in respect of the description of development given in the application for the certificate, or a description of development that is less extensive but falls within the given description.
Exemplar quote from bill: ...by the Secretary of State shall have the same effect as a notice issued by the local planning authority under section 44AA.” 106 Levelling-up and Regeneration Bill Part 3—Planning Chapter 3—Heritage ...(5) In section 15A (Directions applying section 14A of the Land Compensation Act 1961)— (5A) The local planning authority may issue a certificate under this section in respect of— (a) the description of development given in the application for the certificate, or (b) a description of development less extensive than, but otherwise falling within, the description given in the application....may at any reasonable time enter any land for any of the following purposes— (a) securing the display of a temporary stop notice issued under section 44AA; (b) ascertaining whether a temporary stop no...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 180
The proposed change states that if the confirming authority decides to confirm the order in accordance with the applicable provisions, it may confirm the order with the direction included if satisfied that the direction is justified in the public interest. Otherwise, it must modify the order to remove the direction.
Exemplar quote from bill: ...rposes of section 13, and (b) if the authorising enactment is listed in any of paragraphs 1 to 6 of Schedule 2A, only if the statement of commitments as amended will still comply with subsection (5). ...(9) If the confirming authority decides to confirm the order in accordance with the applicable provisions of this Part— (a) it may confirm the order with the direction included if satisfied that the direction is justified in the public interest; (b) otherwise, it must modify the order so as to remove the direction....ction. 224 Levelling-up and Regeneration Bill Part 9—Compulsory purchase (10) If the order is confirmed with the direction included, a confirmation notice under section 15 must (in addition to the ma...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 180
The proposed change provides definitions for terms used in section 15A of the Acquisition of Land Act 1981, including "the authorising enactment," "the project land," and "unit of affordable housing."
Exemplar quote from bill: ...ffect of the direction, (b) explain how the statement of commitments may be 5 viewed, and (c) explain that additional compensation may become payable if the statement of commitments is not fulfilled. ...(11) In this section— “the authorising enactment” means the enactment that confers the power to make the compulsory purchase to which the order in question relates; “the project land” means— (a) the land proposed to be acquired further to the compulsory purchase order, and (b) any other land that the acquiring authority intends to be used in connection with that land; “unit of affordable housing” means a building or part of a building that is— (a) constructed or adapted for use as a separate dwelling, and (b) is to be used as— (i) social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or (ii) housing of any other description that is prescribed.”;...rescribed.”; (d) after Schedule 2 insert— “SCHEDULE 2A Section 15A ENACTMENTS ELIGIBLE FOR DIRECTIONS APPLYING SECTION 14A OF THE 30 LAND COMPENSATION ACT 1961 Enactments authorising acquisitions for ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 180
The proposed change adds a new section, 14A, to the Land Compensation Act 1961. It specifies that section 14 does not apply in cases where the compulsory purchase order directs that compensation is to be assessed in accordance with section 14A. Section 14A states that in assessing the value of land, it is to be assumed that no planning permission would be granted for development on the relevant land, except for development consisting of the use of a building previously used as a single dwelling as two or more separate dwellings. Schedule 2A provides for the payment of additional compensation in certain circumstances.
Exemplar quote from bill: ...lth board). Enactment authorising acquisitions for educational purposes 10 Section 530 of the Education Act 1996 (acquisition by local authority for purposes of educational institution or function).” ...(2) In the Land Compensation Act 1961— (a) after section 14 insert— “14A Cases where prospect of planning permission to be ignored (1) The following provisions apply in relation to an acquisition if the compulsory purchase order authorising the acquisition directs that compensation is to be assessed in accordance with this section. (2) Section 14 does not apply. (3) In assessing the value of land in accordance with rule (2) in section 5, it is to be assumed that no planning permission would be granted for development on the relevant land (whether alone or together with other land). (4) Subsection (3) does not prevent account being taken of planning permission that has already been granted. (5) Subsection (3) does not apply in relation to development consisting of the use as two or more separate dwellings of any building previously used as a single dwelling. (6) Schedule 2A provides for the payment of additional compensation in respect of the acquisition in certain circumstances.”;...umstances.”; 226 Levelling-up and Regeneration Bill Part 9—Compulsory purchase (b) in section 32 (interest from entry on land), after subsection (2) insert— “(3) This section does not apply in relati...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection 8
This change establishes that individuals employed in the civil service of the State will be treated as having a contract of employment, and the terms of their employment will be considered as the terms of the contract.
Exemplar quote from bill: ...this section— (a) references to rights and liabilities include rights and liabilities relating to a contract of employment; (b) references to the transfer of property include the grant of a lease. 30 ...(8) For the purposes of subsection (7)(a)— (a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and (b) the terms of the individual’s employment in the civil service of the 35 State are to be treated as constituting the terms of the contract of employment.... (9) In this section “new regulator” has the meaning given in section 223(1). Levelling-up and Regeneration Bill 267 Part 12—Miscellaneous 225 Transfer of land by local authorities (1) In Schedule 1 ...
- ‼️ Employment
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 25
This change amends section 25 of the School Standards and Framework Act 1998 to include reference to paragraph 9A of Schedule 1 to the Academies Act 2010.
Exemplar quote from bill: ...d in the purchase of a site for the school, Academy or sixth form college referred to in sub-paragraph (3)(a) or (b). (12) In this paragraph, references to premises do not include playing fields.” (2)...(2) In section 25 of the School Standards and Framework Act 1998 (adjudicators), in subsection (2), after “2006” insert “or paragraph 9A of Schedule 1 to the Academies Act 2010”.... (3) In Schedule 5 to that Act (adjudicators), in paragraph 5(1), after “2006” insert “or paragraph 9A of Schedule 1 to the Academies Act 2010”. (4) 30 In Part 2 of Schedule 22 to that Act (maintained...
- ‼️ Education
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
paragraph 9A
This change inserts a new sub-paragraph, 1B, into paragraph 5 of Part 2 of Schedule 22 to the School Standards and Framework Act 1998. It states that the paragraph does not apply when a school is to be replaced by an Academy school under the circumstances outlined in paragraph 9A(1) of Schedule 1 to the Academies Act 2010.
Exemplar quote from bill: ...ragraph 9A of Schedule 1 to the Academies Act 2010”. (3) In Schedule 5 to that Act (adjudicators), in paragraph 5(1), after “2006” insert “or paragraph 9A of Schedule 1 to the Academies Act 2010”. (4)...(4) In Part 2 of Schedule 22 to that Act (maintained schools: disposals on discontinuance), in paragraph 5, after sub-paragraph (1A) insert— “(1B) This paragraph also does not apply where the school mentioned in sub-paragraph (1)(a) is (with or without other schools) to be replaced by an Academy school in circumstances where paragraph 9A(1) of Schedule 1 to the Academies Act 2010 applies.”... 226 Open access mapping 35 (1) The Countryside and Rights of Way Act 2000 is amended as follows. (2) After section 9 (maps in conclusive form) insert— “9A Review of maps (England) (1) 40 This section...
- ‼️ Education
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 10
This change amends section 10 of the Countryside and Rights of Way Act 2000 to include specific provisions for the review of maps in Wales.
Exemplar quote from bill: ...t so shown ought to be so shown. (3) Regulations may require Natural England to carry out subsequent 10 reviews, in respect of such matters and in respect of such circumstances as may be prescribed.” ...(3) In section 10 (review of maps)— (a) at the end of the heading insert “(Wales)”; (b) in subsection (1), after “area” insert “in Wales”; (c) in subsection (2), for paragraphs (a) and (b) substitute— “(a) in the case of the first review, not more than ten years 15 after the issue of the map in conclusive form, and (b) in the case of subsequent reviews, not more than fifteen years after the previous review.”... (4) In section 11 (regulations relating to maps)— (a) in subsection (2), after paragraph (j) insert— 20 “(ja) the procedure to be followed on a review under section 9A (including provision as to the ...
- ‼️ Environmental Protection
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 25
This change amends section 25 of the School Standards and Framework Act 1998 to include reference to paragraph 9A of Schedule 1 to the Academies Act 2010.
Exemplar quote from bill: ...d in the purchase of a site for the school, Academy or sixth form college referred to in sub-paragraph (3)(a) or (b). (12) In this paragraph, references to premises do not include playing fields.” (2)...(2) In section 25 of the School Standards and Framework Act 1998 (adjudicators), in subsection (2), after “2006” insert “or paragraph 9A of Schedule 1 to the Academies Act 2010”.... (3) In Schedule 5 to that Act (adjudicators), in paragraph 5(1), after “2006” insert “or paragraph 9A of Schedule 1 to the Academies Act 2010”. (4) 30 In Part 2 of Schedule 22 to that Act (maintained...
- ‼️ Education
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
paragraph 5
This change inserts a new sub-paragraph, 1B, into paragraph 5 of Part 2 of Schedule 22 to the School Standards and Framework Act 1998. It states that the paragraph does not apply when a school is to be replaced by an Academy school under the circumstances outlined in paragraph 9A(1) of Schedule 1 to the Academies Act 2010.
Exemplar quote from bill: ...ragraph 9A of Schedule 1 to the Academies Act 2010”. (3) In Schedule 5 to that Act (adjudicators), in paragraph 5(1), after “2006” insert “or paragraph 9A of Schedule 1 to the Academies Act 2010”. (4)...(4) In Part 2 of Schedule 22 to that Act (maintained schools: disposals on discontinuance), in paragraph 5, after sub-paragraph (1A) insert— “(1B) This paragraph also does not apply where the school mentioned in sub-paragraph (1)(a) is (with or without other schools) to be replaced by an Academy school in circumstances where paragraph 9A(1) of Schedule 1 to the Academies Act 2010 applies.”... 226 Open access mapping 35 (1) The Countryside and Rights of Way Act 2000 is amended as follows. (2) After section 9 (maps in conclusive form) insert— “9A Review of maps (England) (1) 40 This section...
- ‼️ Education
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 10
This change amends section 10 of the Countryside and Rights of Way Act 2000 to include specific provisions for the review of maps in Wales.
Exemplar quote from bill: ...t so shown ought to be so shown. (3) Regulations may require Natural England to carry out subsequent 10 reviews, in respect of such matters and in respect of such circumstances as may be prescribed.” ...(3) In section 10 (review of maps)— (a) at the end of the heading insert “(Wales)”; (b) in subsection (1), after “area” insert “in Wales”; (c) in subsection (2), for paragraphs (a) and (b) substitute— “(a) in the case of the first review, not more than ten years 15 after the issue of the map in conclusive form, and (b) in the case of subsequent reviews, not more than fifteen years after the previous review.”... (4) In section 11 (regulations relating to maps)— (a) in subsection (2), after paragraph (j) insert— 20 “(ja) the procedure to be followed on a review under section 9A (including provision as to the ...
- ‼️ Environmental Protection
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection 1
This change clarifies that this section applies to duties or powers to disclose or use information imposed or conferred by or under any provision of the Act, except for section 81.
Exemplar quote from bill: ...he effect is to include other land as open country or to exclude part of an area of open country).” 270 Levelling-up and Regeneration Bill Part 12—Miscellaneous PART 13 GENERAL 227 Data protection (1...(1) This section applies to a duty or power, to disclose or use information, imposed or conferred by or under any provision of this Act, other than section 81 (in relation to which see subsection (2) of that section).... (2) A duty or power to which this section applies does not operate to require or authorise the disclosure or use of information which would contravene the 10 data protection legislation (but the duty...
- ‼️ Data Protection
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 9A
This change clarifies that a duty or power to disclose or use information does not override the data protection legislation and cannot require or authorize the disclosure or use of information that would contravene the legislation.
Exemplar quote from bill: ...pplies to a duty or power, to disclose or use information, imposed or conferred by or under any provision of this Act, other than section 81 (in relation to which see subsection (2) of that section). ...(2) A duty or power to which this section applies does not operate to require or authorise the disclosure or use of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation)....n). (3) In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). 228 Crown application (1) This Act binds the Crown, subject t...
- ‼️ Data Protection
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection 1
This change clarifies that the Act binds the Crown, but with certain exceptions. The amendments made by the Act only bind the Crown to the extent that the provisions amended bind the Crown. Part 10 does not apply to Crown land for the purposes of Part 13 of the TCPA 1990, and Part 11 does not apply to land belonging to the private estates of His Majesty.
Exemplar quote from bill: ...or use would contravene that legislation). (3) In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). 228 Crown application ...(1) This Act binds the Crown, subject to subsections (2) to (4). 15 (2) The amendments made by this Act bind the Crown only to the extent that the provisions amended bind the Crown. (3) Part 10 does not apply in relation to land that is Crown land for the purposes of Part 13 of TCPA 1990 (see section 293 of that Act). (4) Part 11 does not apply in relation to land belonging to His Majesty in right 20 of His private estates (as construed in accordance with section 1 of the Crown Private Estates Act 1862).... 229 Abbreviated references to certain Acts In this Act— “GLAA 1999” means the Greater London Authority Act 1999; 25 “the Hazardous Substances Act” means the Planning (Hazardous Substances) Act 1990; ...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 9A
This change establishes that any expenditure incurred under or by virtue of the Act by a Minister of the Crown or another public authority will be paid out of money provided by Parliament. It also states that any increase in the sums payable under any other Act due to this Act will be paid out of the National Loans Fund, the Consolidated Fund, or money provided by Parliament.
Exemplar quote from bill: ... (b) an Act or Measure of Senedd Cymru, 35 (c) an Act of the Scottish Parliament, or (d) Northern Ireland legislation. Levelling-up and Regeneration Bill 273 Part 13—General 232 Financial provisions ...(1) There is to be paid out of money provided by Parliament any expenditure incurred under or by virtue of this Act by a Minister of the Crown or another public authority. (2) There is to be paid out of the National Loans Fund, the Consolidated Fund 5 or money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of the National Loans Fund, the Consolidated Fund or money so provided.... 233 Extent (1) Part 1 extends to England and Wales, Scotland and Northern Ireland. 10 (2) Part 2 extends to England and Wales only. (3) In Part 3— (a) Chapter 1 extends to England and Wales, Scotland...
- ‼️ Budget and Funding
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 9A
This change establishes that any expenditure incurred under or by virtue of the Act by a Minister of the Crown or another public authority will be paid out of money provided by Parliament. It also states that any increase in the sums payable under any other Act due to this Act will be paid out of the National Loans Fund, the Consolidated Fund, or money provided by Parliament.
Exemplar quote from bill: ... (b) an Act or Measure of Senedd Cymru, 35 (c) an Act of the Scottish Parliament, or (d) Northern Ireland legislation. Levelling-up and Regeneration Bill 273 Part 13—General 232 Financial provisions ...(1) There is to be paid out of money provided by Parliament any expenditure incurred under or by virtue of this Act by a Minister of the Crown or another public authority. (2) There is to be paid out of the National Loans Fund, the Consolidated Fund 5 or money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of the National Loans Fund, the Consolidated Fund or money so provided.... 233 Extent (1) Part 1 extends to England and Wales, Scotland and Northern Ireland. 10 (2) Part 2 extends to England and Wales only. (3) In Part 3— (a) Chapter 1 extends to England and Wales, Scotland...
- ‼️ Budget and Funding
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 9A
This change establishes that any expenditure incurred under or by virtue of the Act by a Minister of the Crown or another public authority will be paid out of money provided by Parliament. It also states that any increase in the sums payable under any other Act due to this Act will be paid out of the National Loans Fund, the Consolidated Fund, or money provided by Parliament.
Exemplar quote from bill: ... (b) an Act or Measure of Senedd Cymru, 35 (c) an Act of the Scottish Parliament, or (d) Northern Ireland legislation. Levelling-up and Regeneration Bill 273 Part 13—General 232 Financial provisions ...(1) There is to be paid out of money provided by Parliament any expenditure incurred under or by virtue of this Act by a Minister of the Crown or another public authority. (2) There is to be paid out of the National Loans Fund, the Consolidated Fund 5 or money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of the National Loans Fund, the Consolidated Fund or money so provided.... 233 Extent (1) Part 1 extends to England and Wales, Scotland and Northern Ireland. 10 (2) Part 2 extends to England and Wales only. (3) In Part 3— (a) Chapter 1 extends to England and Wales, Scotland...
- ‼️ Budget and Funding
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 9A
This change establishes that any expenditure incurred under or by virtue of the Act by a Minister of the Crown or another public authority will be paid out of money provided by Parliament. It also states that any increase in the sums payable under any other Act due to this Act will be paid out of the National Loans Fund, the Consolidated Fund, or money provided by Parliament.
Exemplar quote from bill: ... (b) an Act or Measure of Senedd Cymru, 35 (c) an Act of the Scottish Parliament, or (d) Northern Ireland legislation. Levelling-up and Regeneration Bill 273 Part 13—General 232 Financial provisions ...(1) There is to be paid out of money provided by Parliament any expenditure incurred under or by virtue of this Act by a Minister of the Crown or another public authority. (2) There is to be paid out of the National Loans Fund, the Consolidated Fund 5 or money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of the National Loans Fund, the Consolidated Fund or money so provided.... 233 Extent (1) Part 1 extends to England and Wales, Scotland and Northern Ireland. 10 (2) Part 2 extends to England and Wales only. (3) In Part 3— (a) Chapter 1 extends to England and Wales, Scotland...
- ‼️ Budget and Funding
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 9A
This change establishes that any expenditure incurred under or by virtue of the Act by a Minister of the Crown or another public authority will be paid out of money provided by Parliament. It also states that any increase in the sums payable under any other Act due to this Act will be paid out of the National Loans Fund, the Consolidated Fund, or money provided by Parliament.
Exemplar quote from bill: ... (b) an Act or Measure of Senedd Cymru, 35 (c) an Act of the Scottish Parliament, or (d) Northern Ireland legislation. Levelling-up and Regeneration Bill 273 Part 13—General 232 Financial provisions ...(1) There is to be paid out of money provided by Parliament any expenditure incurred under or by virtue of this Act by a Minister of the Crown or another public authority. (2) There is to be paid out of the National Loans Fund, the Consolidated Fund 5 or money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of the National Loans Fund, the Consolidated Fund or money so provided.... 233 Extent (1) Part 1 extends to England and Wales, Scotland and Northern Ireland. 10 (2) Part 2 extends to England and Wales only. (3) In Part 3— (a) Chapter 1 extends to England and Wales, Scotland...
- ‼️ Budget and Funding
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 9A
This change establishes that any expenditure incurred under or by virtue of the Act by a Minister of the Crown or another public authority will be paid out of money provided by Parliament. It also states that any increase in the sums payable under any other Act due to this Act will be paid out of the National Loans Fund, the Consolidated Fund, or money provided by Parliament.
Exemplar quote from bill: ... (b) an Act or Measure of Senedd Cymru, 35 (c) an Act of the Scottish Parliament, or (d) Northern Ireland legislation. Levelling-up and Regeneration Bill 273 Part 13—General 232 Financial provisions ...(1) There is to be paid out of money provided by Parliament any expenditure incurred under or by virtue of this Act by a Minister of the Crown or another public authority. (2) There is to be paid out of the National Loans Fund, the Consolidated Fund 5 or money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of the National Loans Fund, the Consolidated Fund or money so provided.... 233 Extent (1) Part 1 extends to England and Wales, Scotland and Northern Ireland. 10 (2) Part 2 extends to England and Wales only. (3) In Part 3— (a) Chapter 1 extends to England and Wales, Scotland...
- ‼️ Budget and Funding
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 9A
This change establishes that any expenditure incurred under or by virtue of the Act by a Minister of the Crown or another public authority will be paid out of money provided by Parliament. It also states that any increase in the sums payable under any other Act due to this Act will be paid out of the National Loans Fund, the Consolidated Fund, or money provided by Parliament.
Exemplar quote from bill: ... (b) an Act or Measure of Senedd Cymru, 35 (c) an Act of the Scottish Parliament, or (d) Northern Ireland legislation. Levelling-up and Regeneration Bill 273 Part 13—General 232 Financial provisions ...(1) There is to be paid out of money provided by Parliament any expenditure incurred under or by virtue of this Act by a Minister of the Crown or another public authority. (2) There is to be paid out of the National Loans Fund, the Consolidated Fund 5 or money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of the National Loans Fund, the Consolidated Fund or money so provided.... 233 Extent (1) Part 1 extends to England and Wales, Scotland and Northern Ireland. 10 (2) Part 2 extends to England and Wales only. (3) In Part 3— (a) Chapter 1 extends to England and Wales, Scotland...
- ‼️ Budget and Funding
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection (7)
The proposed amendment modifies subsection (7) by specifying that it does not apply to certain sections.
Exemplar quote from bill: ...tary of State must consult— (a) such representatives of CCAs, 15 (b) such representatives of local government, and (c) such other persons (if any), as the Secretary of State considers appropriate. (5)...(9) Subsection (7) does not apply to—...regulations under subsection (1) or (2) which are made only for the purpose of amending earlier such regulations— (a) so as to extend the earlier regulations, or any provision of the earlier regulatio...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 15AD
The amendment expands the definition of "joint spatial development strategy" to include strategies adopted by local planning authorities under section 15AD.
Exemplar quote from bill: ...ccordance with section 5 15I(1); “joint local plan agreement” must be construed in accordance with section 15I(2); 10 “joint local plan direction” must be construed in accordance with section 15I(3); ...“joint spatial development strategy” means a strategy adopted by local planning authorities under section 15AD or, as the context requires, a strategy in preparation further to an agreement under section 15A(1);... “joint supplementary plan” must be construed in accordance 15 with section 15IC; “local plan” must be construed in accordance with section 15C; “local plan timetable” must be construed in accordance ...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 15LH
The amendment expands the definition of "spatial development strategy" to include strategies adopted by combined authorities.
Exemplar quote from bill: ...e construed in accordance with section 15K; 35 “relevant area” must be construed in accordance with section 15LG; “relevant plan-making authority” must be construed in accordance with subsection (2); ...“spatial development strategy” means (except in the context of more specific expressions)— (a) the spatial development strategy for London, (b) a spatial development strategy adopted by a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, or (c) a joint spatial development strategy;... Schedule 7—Plan making (c) a joint spatial development strategy; “spatial development strategy for London” means the strategy adopted by the Mayor of London under Part 8 of the Greater London Author...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 138C of the Local Government Act 1972
The amendment replaces the reference to "an order under section 29" with "regulations made under section 15J" in the Local Government Act 1972.
Exemplar quote from bill: ...upplementary plan” must be construed in accordance with 5 section 15CC.” SCHEDULE 8 Section 95 MINOR AND CONSEQUENTIAL AMENDMENTS IN CONNECTION WITH CHAPTER 2 OF PART 3 Local Government Act 1972 10 1 ...In section 138C of the Local Government Act 1972 (application of sections 138A and 138B to other authorities), in subsections (1)(s) and (2)(c), for “an order under section 29” substitute “regulations made under section 15J”.... Town and Country Planning Act 1990 2 TCPA 1990 is amended as follows. 15 3 In section 2A (the Mayor of London: applications of potential strategic importance), in subsection (6)(aa), for “development...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
TCPA 1990
The amendment introduces amendments to the Town and Country Planning Act 1990.
Exemplar quote from bill: ...n and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/517) in relation to the grant of planning permission by a street vote development order. 103 Crown development (1) ...TCPA 1990 is amended as follows.... (2) After section 293A insert— “293B Urgent Crown development: applications to the Secretary of State 10 (1) This section applies where— (a) the appropriate authority intends to make a relevant appli...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 2A
The amendment replaces the reference to "development plan document" with "local plan, document which is or forms part of a minerals and waste plan or supplementary plan" in section 2A of the Town and Country Planning Act 1990.
Exemplar quote from bill: ...orities), in subsections (1)(s) and (2)(c), for “an order under section 29” substitute “regulations made under section 15J”. Town and Country Planning Act 1990 2 TCPA 1990 is amended as follows. 15 3 ...In section 2A (the Mayor of London: applications of potential strategic importance), in subsection (6)(aa), for “development plan document” substitute “local plan, document which is or forms part of a minerals and waste plan or supplementary plan”.... 4 In section 59A (development orders: permission in principle)— 20 (a) in paragraph (b) of subsection (3)— (i) for “development plan document” substitute “local plan or supplementary plan”; (ii) for ...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 62 (applications for planning permission or permission in principle)
The amendment adds a new paragraph (c) to section 62, stating that the applications for consent, agreement, or approval are also included in the applications for planning permission or permission in principle.
Exemplar quote from bill: ...order” substitute “, a neighbourhood development order or a street vote development order”. (6) In section 62 (applications for planning permission or permission in 15 principle), in subsection (2A)— ...(a) at the end of paragraph (a) omit “and”; (b) after paragraph (b) insert “, and (c) 20 applications for consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).”... (7) In section 65 (notice of applications for planning permission or permission in principle), in subsection (3A)— (a) at the end of paragraph (a) omit “and”; 25 (b) after paragraph (b) insert “, and...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 65 (notice of applications for planning permission or permission in principle)
The amendment adds a new paragraph (c) to section 65, stating that any application for consent, agreement, or approval where that consent, agreement, or approval is required by a condition or limitation imposed under section 61QI(1) is also included in the notice of applications for planning permission or permission in principle.
Exemplar quote from bill: ...or approval is required by a condition or limitation imposed under section 61QI(1).” (7) In section 65 (notice of applications for planning permission or permission in principle), in subsection (3A)— ...(a) at the end of paragraph (a) omit “and”; 25 (b) after paragraph (b) insert “, and (c) any application for consent, agreement or approval where that consent, agreement or approval is required 30 by a condition or limitation imposed under section 61QI(1) or any applicant for such consent, agreement or approval.”... (8) In section 69 (register of applications etc)— (a) after subsection (1)(cza) insert— “(czb) 35 street vote development orders or proposals for such orders;”; (b) in subsection (2)(b), after “Mayor...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 69 (register of applications etc)
The amendment adds a new subsection (czb) to section 69, stating that the register of applications etc should also include street vote development orders or proposals for such orders.
Exemplar quote from bill: ...ment or approval is required 30 by a condition or limitation imposed under section 61QI(1) or any applicant for such consent, agreement or approval.” (8) In section 69 (register of applications etc)— ...(a) after subsection (1)(cza) insert— “(czb) 35 street vote development orders or proposals for such orders;”; (b) in subsection (2)(b), after “Mayoral development order,” insert “street vote development order or proposal for such an order,”.... Levelling-up and Regeneration Bill 397 Schedule 9—Street votes: minor and consequential amendments (9) In section 71 (consultations in connection with determinations under section 70), in subsection...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 71 (consultations in connection with determinations under section 70)
The amendment adds a new paragraph (c) to section 71, stating that the consultations in connection with determinations under section 70 should also include applications for consent, agreement, or approval where that consent, agreement, or approval is required by a condition or limitation imposed under section 61QI(1).
Exemplar quote from bill: ...ng-up and Regeneration Bill 397 Schedule 9—Street votes: minor and consequential amendments (9) In section 71 (consultations in connection with determinations under section 70), in subsection (2ZA)— ...(a) at the end of paragraph (a) omit “and”; (b) after paragraph (b) insert “, and (c) an application for consent, agreement or approval 5 where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1).”... (10) 10 In section 74 (directions etc as to method of dealing with applications), in subsection (1ZA)— (a) in paragraph (a)— (i) at the end of sub-paragraph (i) omit “and”; (ii) after sub-paragraph (...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 74 (directions etc as to method of dealing with applications)
The amendment adds new sub-paragraphs (iii) to paragraphs (a) and (b) of section 74, stating that the directions etc as to the method of dealing with applications should also include applications for consent, agreement, or approval where that consent, agreement, or approval is required by a condition or limitation imposed under section 61QI(1).
Exemplar quote from bill: ..., agreement or approval is required by a condition or limitation imposed under section 61QI(1).” (10) 10 In section 74 (directions etc as to method of dealing with applications), in subsection (1ZA)— ...(a) in paragraph (a)— (i) at the end of sub-paragraph (i) omit “and”; (ii) after sub-paragraph (ii) insert— “(iii) 15 a consent, agreement or approval where that consent, agreement or approval is required by a condition or limitation imposed under section 61QI(1), and”; (b) in paragraph (b)— (i) at the end of sub-paragraph (i) omit “and”; 20 (ii) after sub-paragraph (ii) insert “, and (iii) applications for consent, agreement or approval where that consent, 25 agreement or approval is required by a condition or limitation imposed under section 61QI(1).”.... (11) In section 77 (reference of applications to Secretary of State), in subsection (1), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote de...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 77 (reference of applications to Secretary of State)
The amendment replaces "or a neighbourhood development order" with ", a neighbourhood development order or a street vote development order" in section 77, regarding the reference of applications to the Secretary of State.
Exemplar quote from bill: ...ph (ii) insert “, and (iii) applications for consent, agreement or approval where that consent, 25 agreement or approval is required by a condition or limitation imposed under section 61QI(1).”. (11) ...In section 77 (reference of applications to Secretary of State), in subsection (1), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.... (12) In section 78 (right to appeal), in subsection (1)(c), for “or a neighbourhood 30 development order” substitute “, a neighbourhood development order or a street vote development order”. (13) In ...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 78 (right to appeal)
The amendment replaces "or a neighbourhood development order" with ", a neighbourhood development order or a street vote development order" in section 78, regarding the right to appeal.
Exemplar quote from bill: ...ference of applications to Secretary of State), in subsection (1), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”. (12) ...In section 78 (right to appeal), in subsection (1)(c), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”....r”. (13) In section 88 (planning permission for development in enterprise zones), 35 in subsection (9), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a ...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 88 (planning permission for development in enterprise zones)
The amendment replaces "or a neighbourhood development order" with ", a neighbourhood development order or a street vote development order" in section 88, regarding planning permission for development in enterprise zones.
Exemplar quote from bill: ...r”. (12) In section 78 (right to appeal), in subsection (1)(c), for “or a neighbourhood 30 development order” substitute “, a neighbourhood development order or a street vote development order”. (13) ...In section 88 (planning permission for development in enterprise zones), in subsection (9), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”....r”. (14) In section 91 (general condition limiting duration of planning permission), in subsection (4)(a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 91 (general condition limiting duration of planning permission)
The amendment replaces "or a neighbourhood development order" with ", a neighbourhood development order or a street vote development order" in section 91, regarding the general condition limiting the duration of planning permission.
Exemplar quote from bill: ...ission for development in enterprise zones), 35 in subsection (9), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”. (14) ...In section 91 (general condition limiting duration of planning permission), in subsection (4)(a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.... (15) 40 In section 94 (termination of planning permission by reference to time limit: completion notices), in subsection (1), after paragraph (d) insert “; or (e) a planning permission under a street...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 94 (termination of planning permission by reference to time limit: completion notices)
The amendment adds a new paragraph (e) to section 94, stating that if a planning permission under a street vote development order is subject to a condition that the development must be begun before a particular period and the development has been begun within that period but not completed, the planning permission is terminated.
Exemplar quote from bill: ...imiting duration of planning permission), in subsection (4)(a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”. (15) 40 ...In section 94 (termination of planning permission by reference to time limit: completion notices), in subsection (1), after paragraph (d) insert “; or (e) a planning permission under a street vote development order is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed.”...egun within that period, but that period has elapsed without the development having been completed.” (16) In section 108 (compensation)— 5 (a) in the heading, for “or neighbourhood development order” ...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 108 (compensation)
The amendment makes various changes to section 108, including replacing "or neighbourhood development order" with ", neighbourhood development order or street vote development order" in the heading, and adding new provisions regarding compensation for planning permission granted by a street vote development order.
Exemplar quote from bill: ...xpiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed.” (16) In section 108 (compensation)— 5 ...(a) in the heading, for “or neighbourhood development order” substitute “, neighbourhood development order or street vote development order”; (b) in subsection (1)— (i) in paragraph (a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”; (ii) in the words after paragraph (b), for “or the neighbourhood development order” substitute “, the neighbourhood development order or the street vote development order”; (c) in subsection (2), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”; (d) in subsection (3B)— (i) in paragraph (ba), at the end omit “or”; (ii) after that paragraph insert— “(bb) in the case of planning permission granted by a street vote development order, the condition in subsection (3DB) is met, or”; (e) after subsection (3DA) insert— “(3DB) The condition referred to in subsection (3B)(bb) is that— (a) the planning permission is withdrawn by the revocation or modification of the street vote development order, (b) notice of the revocation or modification was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation or modification took effect, and (c) either— (i) the development authorised by the street vote development order had not begun before the notice was published, or (ii) section 61QI(8) applies in relation to the development.”...n to the development.” (17) In section 109 (apportionment of compensation for depreciation), in subsection (6), in the definition of “relevant planning decision”, for “or the Levelling-up and Regenera...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 109 (apportionment of compensation for depreciation)
The amendment replaces "or the neighbourhood development order" with ", the neighbourhood development order or the street vote development order" in section 109, regarding the apportionment of compensation for depreciation.
Exemplar quote from bill: ... either— 35 (i) the development authorised by the street vote development order had not begun before the notice was published, or (ii) 40 section 61QI(8) applies in relation to the development.” (17) ...In section 109 (apportionment of compensation for depreciation), in subsection (6), in the definition of “relevant planning decision”, for “or the neighbourhood development order” substitute “, the neighbourhood development order or the street vote development order”....ment order” substitute “, the neighbourhood development order or the street vote development order”. (18) In section 171H (temporary stop notice: compensation), in subsection (1)(a), 5 for “or a neigh...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 171H (temporary stop notice: compensation)
The amendment replaces "or a neighbourhood development order" with ", a neighbourhood development order or a street vote development order" in section 171H, regarding compensation for a temporary stop notice.
Exemplar quote from bill: ...on Bill 399 Schedule 9—Street votes: minor and consequential amendments neighbourhood development order” substitute “, the neighbourhood development order or the street vote development order”. (18) ...In section 171H (temporary stop notice: compensation), in subsection (1)(a), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”....”. (19) In section 264 (cases in which land is to be treated as not being operational land), in subsection (5)(ca), for “or a neighbourhood development order” substitute “, a neighbourhood development...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 264 (cases in which land is to be treated as not being operational land)
The amendment replaces "or a neighbourhood development order" with ", a neighbourhood development order or a street vote development order" in section 264, regarding cases in which land is treated as not being operational land.
Exemplar quote from bill: ...71H (temporary stop notice: compensation), in subsection (1)(a), 5 for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”. (19) ...In section 264 (cases in which land is to be treated as not being operational land), in subsection (5)(ca), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”.... (20) In section 324 (rights of entry), in subsection (1A)— 10 (a) the words from “the reference” to the end become paragraph (a); (b) after that paragraph insert “, and (b) the reference to a proposa...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 324 (rights of entry)
The amendment adds a new paragraph (b) to section 324, stating that the reference to a proposal by the Secretary of State to make any order under Part 3 also includes a reference to a proposal submitted (or to be submitted) to the Secretary of State for the making of a street vote development order.
Exemplar quote from bill: ... be treated as not being operational land), in subsection (5)(ca), for “or a neighbourhood development order” substitute “, a neighbourhood development order or a street vote development order”. (20) ...In section 324 (rights of entry), in subsection (1A)— (a) the words from “the reference” to the end become paragraph (a); (b) after that paragraph insert “, and (b) the reference to a proposal by the Secretary of State to make any order under Part 3 includes a reference to a proposal submitted (or to be submitted) to the Secretary of State for the making of a street vote development order.”...rder.” (21) In section 333 (regulations and orders)— (a) after subsection (3) insert— “(3ZZA) Subsection (3) does not apply to a statutory instrument 20 containing regulations made under any of sectio...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 333 (regulations and orders)
The amendment adds new subsections (3ZZA) and (3ZZAA) to section 333, stating that a statutory instrument containing regulations made under sections 61QB to 61QJ or section 61QL must be laid before and approved by a resolution of each House of Parliament, and that no regulations may be made under section 61QC(3), 61QH(2), or 61QI(5) unless a draft of the instrument containing the regulations has been laid before and approved by a resolution of each House of Parliament.
Exemplar quote from bill: ...er Part 3 includes a reference to a proposal submitted (or to be submitted) to the Secretary of State for the making of a street vote development order.” (21) In section 333 (regulations and orders)— ...(a) after subsection (3) insert— “(3ZZA) Subsection (3) does not apply to a statutory instrument containing regulations made under any of sections 61QB to 61QJ or section 61QL if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”; (b) after subsection (3ZA) insert— “(3ZZAA) No regulations may be made under section 61QC(3), 61QH(2) or 61QI(5) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.”...ment.” (22) In Schedule 1 (local planning authorities: distribution of functions), in 30 paragraph 6A, at the end insert “or any of sections 61QA to 61QM (street vote development orders)”. Planning (L...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Schedule 1 (local planning authorities: distribution of functions)
The amendment adds a new provision to Schedule 1, stating that local planning authorities have the function of dealing with any of the sections 61QA to 61QM, which pertain to street vote development orders.
Exemplar quote from bill: ...ion (7), after paragraph (b) insert— “(bza) an appeal under section 93H against a completion notice;”. 35 12 In section 324 (rights of entry), in subsection (1)(c), after “sections” insert “93H,”. 13 ...In Schedule 1 (local planning authorities: distribution of functions), in paragraph 6A, at the end insert “or any of sections 61QA to 61QM (street vote development orders)”....ted person)— 40 404 Levelling-up and Regeneration Bill Schedule 11—Completion notices: consequential amendments (a) in paragraph 1(1), after “78,” insert “93I,”; (b) in paragraph 2(1), after paragrap...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
The Planning (Listed Buildings and Conservation Areas) Act 1990
The amendment adds a new provision to the Planning (Listed Buildings and Conservation Areas) Act 1990, stating that the general duty as respects listed buildings and conservation areas in the exercise of planning functions does not apply to street vote development orders, except as provided by SVDO regulations within the meaning given by section 61QM of the principal Act.
Exemplar quote from bill: ... to 61QM (street vote development orders)”. Planning (Listed Buildings and Conservation Areas) Act 1990 2 35 The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows. (1) ...(2) In section 66 (general duty as respects listed buildings in exercise of planning functions), in subsection (4), after “orders” insert “or street vote development orders (except as provided by SVDO regulations within the meaning given by section 61QM of the principal Act)”. (3) In section 72 (general duty as respects conservation areas in exercise of planning functions), in subsection (4), after “orders” insert “or street vote development orders (except as provided by SVDO regulations within the meaning given by section 61QM of the principal Act)”....ept as provided by SVDO regulations within the meaning given by section 61QM of the principal Act)”. Elections Act 2022 5 3 In section 34 of the Elections Act 2022 (campaigners), in subsection (6), in...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 34 of the Elections Act 2022 (campaigners)
The amendment adds a new paragraph (e) to the definition of "local referendum" in section 34 of the Elections Act 2022, stating that it includes referendums on street vote development orders under section 61QE of the Town and Country Planning Act 1990.
Exemplar quote from bill: ...ubsection (4), after “orders” insert “or street vote development orders (except as provided by SVDO regulations within the meaning given by section 61QM of the principal Act)”. Elections Act 2022 5 3 ...In section 34 of the Elections Act 2022 (campaigners), in subsection (6), in the definition of “local referendum”, after paragraph (d) insert— “(e) section 61QE of the Town and Country Planning Act 1990 (referendums on street vote development orders);”.... The Conservation of Habitats and Species Regulations 2017 10 4 The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as follows. (1) (2) In regulation 75 (general dev...
- ‼️ Gender and Sexuality
(Variously affected)
- ‼️ Education
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 204D Liability
The proposed change allows a person to assume liability for the Infrastructure Levy (IL) in respect of proposed development. The assumption of liability can be made before development commences, and the person becomes liable when development is commenced in reliance on planning permission.
Exemplar quote from bill: ...may make provision corresponding to provisions 25 relating to joint committees in Part 6 of the Local Government Act 1972 in respect of the discharge of the specified functions. 204D Liability (1) 30 ...Where liability to IL would arise in respect of proposed development (in accordance with provision made by a charging authority under and by virtue of section 204B and IL regulations) a person may assume liability to pay the levy.... (2) An assumption of liability— (a) may be made before development commences, and (b) must be made in accordance with any provision of IL 35 regulations about the procedure for assuming liability. (3...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 204H Charging schedule: consultation and evidence
The proposed change allows a charging authority to consult and use appropriate evidence in the preparation of a charging schedule for the Infrastructure Levy (IL).
Exemplar quote from bill: ...ections 204H to 204L apply in relation 5 to a revision or replacement of a charging schedule as they apply in relation to a charging schedule. 204H Charging schedule: consultation and evidence (1) 10 ...A charging authority may consult, or take other steps, in connection with the preparation of a charging schedule (subject to IL regulations).... (2) A charging authority must use appropriate available evidence to inform the charging authority’s preparation of a charging schedule. (3) 15 IL regulations may make provision about the application ...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 204I Charging schedule: examination
The proposed change requires a charging authority to appoint an independent examiner with appropriate qualifications and experience to examine a draft charging schedule for the Infrastructure Levy (IL).
Exemplar quote from bill: ...ce that may, and as to evidence that need not, be used, and (h) provision as to how the use of evidence is to inform the preparation of a charging schedule. 204I Charging schedule: examination 30 (1) ...Before approving a charging schedule a charging authority must appoint a person (“the examiner”) to examine a draft.... (2) The charging authority must appoint someone who, in the opinion of the authority— (a) is independent of the charging authority, and 35 (b) has appropriate qualifications and experience. (3) The c...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 204J Charging schedule: examiner’s recommendations
The proposed change requires the examiner of a draft charging schedule for the Infrastructure Levy (IL) to recommend rejection if there is non-compliance with the drafting requirements that cannot be remedied, recommend modifications if the non-compliance can be remedied, and recommend approval if there are no non-compliance issues.
Exemplar quote from bill: ...ithdraw a draft charging schedule. 204J Charging schedule: examiner’s recommendations (1) This section applies in relation to the examination, under section 20 204I, of a draft charging schedule. (2) ...If the examiner considers— (a) that there is any respect in which the drafting requirements have not been complied with, and (b) that the non-compliance with the drafting requirements cannot be remedied by the making of modifications to the draft, the examiner must recommend that the draft be rejected....ed. (3) Subsection (4) applies if the examiner considers— (a) that there is any respect in which the drafting requirements 30 have not been complied with, and (b) that the non-compliance with the draf...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 204K Charging schedule: approval
The proposed change allows a charging authority to approve a charging schedule for the Infrastructure Levy (IL) only if the examiner makes recommendations and the authority has considered those recommendations. If modifications are necessary to remedy non-compliance, the authority may approve the schedule with those modifications.
Exemplar quote from bill: ...ner makes recommendations under subsection (5), the examiner may recommend modifications with which the draft should be approved in the event that it is approved. 204K Charging schedule: approval (1) ...A charging authority may approve a charging schedule only if— (a) the examiner makes recommendations under section 204J(4) or (5), and (b) the charging authority has had regard to those recommendations and the examiner’s reasons for them....em. (2) Accordingly, a charging authority may not approve a charging 20 schedule if, under section 204J(2), the examiner recommends rejection. (3) If the examiner makes recommendations under section 2...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 204L Charging schedule: application and effect
The proposed change requires a charging schedule for the Infrastructure Levy (IL) to be issued by the charging authority before it takes effect. IL regulations may specify when the schedule may, must, or may not take effect.
Exemplar quote from bill: ...vision for the correction of errors in a charging schedule after approval. (11) In this section “examiner” means the examiner under section 204I. 204L Charging schedule: application and effect 10 (1) ...A charging schedule approved under section 204K may not take effect before the charging authority issues the schedule (by publishing it).... (2) 15 IL regulations may, subject to subsection (1), make provision about when a charging schedule may, must or may not take effect. (3) IL regulations may make provision about publication of a char...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 204M Charging schedule: due date
The proposed change allows IL regulations to specify the due date for a charging authority to issue a charging schedule for the Infrastructure Levy (IL). However, the regulations cannot require the authority to issue the schedule before the end of a 12-month period from the day the Secretary of State provides notice. If the authority fails to issue the schedule, the Secretary of State may appoint a person to prepare and issue it on behalf of the authority.
Exemplar quote from bill: ...) The provision that may be made under subsection (3) includes 20 provision about information or documents that must be published alongside the charging schedule. 204M Charging schedule: due date (1) ...IL regulations may make provision as to when a charging authority must issue a charging schedule.... (2) 25 But the regulations may not require a charging authority to issue a charging schedule before the end of the period of 12 months beginning with the day on which the Secretary of State publishes...
- ‼️ Territorial Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Compulsory Purchase (Vesting Declarations) Act 1981, section 5(2)
The amendment replaces the reference to "26(1)" with "26" in section 5(2) of the Compulsory Purchase (Vesting Declarations) Act 1981. This change relates to the execution of vesting declarations before the purchase order becomes operative.
Exemplar quote from bill: ... made under paragraph 4AA(2)(a) of Schedule 30 1 to that Act (decision that conditions subject to which order was made have been met).” Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) 2 35..."In section 5(2) of the Compulsory Purchase (Vesting Declarations) Act 1981 (vesting declaration not to be executed before purchase order operative), for “26(1)” substitute “26”."...Levelling-up and Regeneration Bill 447 Schedule 16—Conditional confirmation and making of compulsory purchase orders: consequential amendments Acquisition of Land Act 1981 (c. 67) 3 (1) The Acquisiti...
- ‼️ Land and Property Rights
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
e) in sub-paragraph (5), after “notice” insert “or fulfilment notice”;
The proposed amendment adds the term "fulfilment notice" after the term "notice" in sub-paragraph (5).
Exemplar quote from bill: ...at the conditions subject to which the 30 order was made have been met and that the order will therefore become operative, and (b) annexing the information that was contained in the making notice.”; (...e) in sub-paragraph (5), after “notice” insert “or fulfilment notice”;... (f) in sub-paragraph (6)— (i) after “notice” insert “, and any fulfilment notice,”; 35 (ii) for “it” substitute “each such notice”. 456 Levelling-up and Regeneration Bill Schedule 17—Compulsory purch...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
f) in sub-paragraph (6)— (i) after “notice” insert “, and any fulfilment notice,”; 35 (ii) for “it” substitute “each such notice”.
The proposed amendment adds the term "fulfilment notice" after the term "notice" in sub-paragraph (6)(i) and replaces the term "it" with "each such notice" in sub-paragraph (6)(ii).
Exemplar quote from bill: ...nd that the order will therefore become operative, and (b) annexing the information that was contained in the making notice.”; (e) in sub-paragraph (5), after “notice” insert “or fulfilment notice”; (...f) in sub-paragraph (6)— (i) after “notice” insert “, and any fulfilment notice,”; 35 (ii) for “it” substitute “each such notice”.... 456 Levelling-up and Regeneration Bill Schedule 17—Compulsory purchase: corresponding provision for purchases by Ministers SCHEDULE 18 Section 191 GROUNDS OF APPEAL AGAINST FINAL LETTING NOTICE PART...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
SCHEDULE 18 Section 191
The proposed amendment modifies Section 191 of Schedule 18.
Exemplar quote from bill: ...ent orders”; (b) in paragraph (1)(a) after “orders” insert “and street vote development 35 orders”. Levelling-up and Regeneration Bill 401 Schedule 9—Street votes: minor and consequential amendments ...SCHEDULE 18 Section 191... CROWN DEVELOPMENT: CONSEQUENTIAL AMENDMENTS Town and Country Planning Act 1990 (c. 8) 1 TCPA 1990 is amended as follows. 2 In section 61W (England: requirement to carry out pre-application 5 consulta...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
1 That the vacancy condition was not met in relation to the premises on the 5 day on which the initial letting notice was served.
The proposed amendment adds a new ground of appeal against a final letting notice, stating that the vacancy condition was not met in relation to the premises on the 5th day on which the initial letting notice was served.
Exemplar quote from bill: ...ing-up and Regeneration Bill Schedule 17—Compulsory purchase: corresponding provision for purchases by Ministers SCHEDULE 18 Section 191 GROUNDS OF APPEAL AGAINST FINAL LETTING NOTICE PART 1 GROUNDS ...1 That the vacancy condition was not met in relation to the premises on the 5 day on which the initial letting notice was served.... 2 That the premises cannot reasonably be considered suitable for the use identified in the final letting notice as the suitable high-street use. 3 10 That the local authority’s view that the local be...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
2 That the premises cannot reasonably be considered suitable for the use identified in the final letting notice as the suitable high-street use.
The proposed amendment adds a new ground of appeal against a final letting notice, stating that the premises cannot reasonably be considered suitable for the use identified in the final letting notice as the suitable high-street use.
Exemplar quote from bill: ...ion 191 GROUNDS OF APPEAL AGAINST FINAL LETTING NOTICE PART 1 GROUNDS 1 That the vacancy condition was not met in relation to the premises on the 5 day on which the initial letting notice was served. ...2 That the premises cannot reasonably be considered suitable for the use identified in the final letting notice as the suitable high-street use.... 3 10 That the local authority’s view that the local benefit condition was met in relation to the premises was one that no authority giving reasonable consideration to the matter could have reached. 4...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
3 That the local authority’s view that the local benefit condition was met in relation to the premises was one that no authority giving reasonable consideration to the matter could have reached.
The proposed amendment adds a new ground of appeal against a final letting notice, stating that the local authority's view that the local benefit condition was met in relation to the premises was one that no authority giving reasonable consideration to the matter could have reached.
Exemplar quote from bill: ...day on which the initial letting notice was served. 2 That the premises cannot reasonably be considered suitable for the use identified in the final letting notice as the suitable high-street use. 3 1...3 That the local authority’s view that the local benefit condition was met in relation to the premises was one that no authority giving reasonable consideration to the matter could have reached.... 4 That the local authority failed, while the initial letting notice was in force, to give consent under section 186 to a proposed tenancy, licence or agreement where the authority— (a) was required b...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
4 That the local authority failed, while the initial letting notice was in force, to give consent under section 186 to a proposed tenancy, licence or agreement where the authority— (a) was required by section 187(1) to give consent, or 15 (b) would have been so required had it not failed to be satisfied as mentioned in section 187(2)(c), when any authority giving reasonable consideration to the matter would have been so satisfied.
The proposed amendment adds a new ground of appeal against a final letting notice, stating that the local authority failed to give consent under section 186 to a proposed tenancy, licence, or agreement where the authority was required to give consent under section 187(1) or would have been required to give consent if it had not failed to be satisfied as mentioned in section 187(2)(c).
Exemplar quote from bill: .... 3 10 That the local authority’s view that the local benefit condition was met in relation to the premises was one that no authority giving reasonable consideration to the matter could have reached. ...4 That the local authority failed, while the initial letting notice was in force, to give consent under section 186 to a proposed tenancy, licence or agreement where the authority— (a) was required by section 187(1) to give consent, or 15 (b) would have been so required had it not failed to be satisfied as mentioned in section 187(2)(c), when any authority giving reasonable consideration to the matter would have been so satisfied.... 5 That the landlord— (a) intends to carry out substantial works of construction, demolition 20 or reconstruction affecting the premises, and (b) could not reasonably carry out those works without ret...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
5 That the landlord— (a) intends to carry out substantial works of construction, demolition 20 or reconstruction affecting the premises, and (b) could not reasonably carry out those works without retaining possession of the premises.
The proposed amendment adds a new ground of appeal against a final letting notice, stating that the landlord intends to carry out substantial works of construction, demolition, or reconstruction affecting the premises and could not reasonably carry out those works without retaining possession of the premises.
Exemplar quote from bill: ... 15 (b) would have been so required had it not failed to be satisfied as mentioned in section 187(2)(c), when any authority giving reasonable consideration to the matter would have been so satisfied. ...5 That the landlord— (a) intends to carry out substantial works of construction, demolition 20 or reconstruction affecting the premises, and (b) could not reasonably carry out those works without retaining possession of the premises.... 6 25 That the landlord intends to occupy the premises for the purposes, or partly for the purposes, of a business to be carried on by the landlord in the premises. 7 That the landlord intends to occu...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
6 That the landlord intends to occupy the premises for the purposes, or partly for the purposes, of a business to be carried on by the landlord in the premises.
The proposed amendment adds a new ground of appeal against a final letting notice, stating that the landlord intends to occupy the premises for the purposes, or partly for the purposes, of a business to be carried on by the landlord in the premises.
Exemplar quote from bill: ...arry out substantial works of construction, demolition 20 or reconstruction affecting the premises, and (b) could not reasonably carry out those works without retaining possession of the premises. 6 2...6 That the landlord intends to occupy the premises for the purposes, or partly for the purposes, of a business to be carried on by the landlord in the premises.... 7 That the landlord intends to occupy the premises as the landlord’s residence. PART 2 INTERPRETATION AND APPLICATION 1 Ground 2 is to be applied in accordance with section 182(5). 30 2 Works carried...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
7 That the landlord intends to occupy the premises as the landlord’s residence.
The proposed amendment adds a new ground of appeal against a final letting notice, stating that the landlord intends to occupy the premises as the landlord's residence.
Exemplar quote from bill: ...taining possession of the premises. 6 25 That the landlord intends to occupy the premises for the purposes, or partly for the purposes, of a business to be carried on by the landlord in the premises. ...7 That the landlord intends to occupy the premises as the landlord’s residence.... PART 2 INTERPRETATION AND APPLICATION 1 Ground 2 is to be applied in accordance with section 182(5). 30 2 Works carried out in contravention of section 189(1) cannot be relied on for the purposes of ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
1 Ground 2 is to be applied in accordance with section 182(5). 30
The proposed amendment states that Ground 2 is to be applied in accordance with section 182(5).
Exemplar quote from bill: ...for the purposes, of a business to be carried on by the landlord in the premises. 7 That the landlord intends to occupy the premises as the landlord’s residence. PART 2 INTERPRETATION AND APPLICATION ...1 Ground 2 is to be applied in accordance with section 182(5). 30... 2 Works carried out in contravention of section 189(1) cannot be relied on for the purposes of ground 5. 3 Where the landlord has a controlling interest in a company, the references to the landlord i...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
2 Works carried out in contravention of section 189(1) cannot be relied on for the purposes of ground 5.
The proposed amendment states that works carried out in contravention of section 189(1) cannot be relied on for the purposes of ground 5.
Exemplar quote from bill: ...n the premises. 7 That the landlord intends to occupy the premises as the landlord’s residence. PART 2 INTERPRETATION AND APPLICATION 1 Ground 2 is to be applied in accordance with section 182(5). 30 ...2 Works carried out in contravention of section 189(1) cannot be relied on for the purposes of ground 5.... 3 Where the landlord has a controlling interest in a company, the references to the landlord in ground 6 include reference to that company. (1) (2) Where the landlord is a company and a person has a ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
3 Where the landlord has a controlling interest in a company, the references to the landlord in ground 6 include reference to that company.
The proposed amendment states that where the landlord has a controlling interest in a company, the references to the landlord in ground 6 include reference to that company.
Exemplar quote from bill: ...TERPRETATION AND APPLICATION 1 Ground 2 is to be applied in accordance with section 182(5). 30 2 Works carried out in contravention of section 189(1) cannot be relied on for the purposes of ground 5. ...3 Where the landlord has a controlling interest in a company, the references to the landlord in ground 6 include reference to that company.... (1) (2) Where the landlord is a company and a person has a controlling interest 35 in the company, the references to the landlord in grounds 6 and 7 include reference to that person. Levelling-up and...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
(1) (2) Where the landlord is a company and a person has a controlling interest 35 in the company, the references to the landlord in grounds 6 and 7 include reference to that person.
The proposed amendment states that where the landlord is a company and a person has a controlling interest in the company, the references to the landlord in grounds 6 and 7 include reference to that person.
Exemplar quote from bill: ...on 189(1) cannot be relied on for the purposes of ground 5. 3 Where the landlord has a controlling interest in a company, the references to the landlord in ground 6 include reference to that company. ...(1) (2) Where the landlord is a company and a person has a controlling interest 35 in the company, the references to the landlord in grounds 6 and 7 include reference to that person.... Levelling-up and Regeneration Bill 457 Schedule 18—Grounds of appeal against final letting notice Part 1—Grounds (3) For the purposes of sub-paragraphs (1) and (2), a person has a controlling intere...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
SCHEDULE 19 Section 196
The proposed amendment modifies Section 196 of Schedule 19.
Exemplar quote from bill: ...ent orders”; (b) in paragraph (1)(a) after “orders” insert “and street vote development 35 orders”. Levelling-up and Regeneration Bill 401 Schedule 9—Street votes: minor and consequential amendments ...SCHEDULE 19 Section 196... CROWN DEVELOPMENT: CONSEQUENTIAL AMENDMENTS Town and Country Planning Act 1990 (c. 8) 1 TCPA 1990 is amended as follows. 2 In section 61W (England: requirement to carry out pre-application 5 consulta...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
1 Provision about what obligations (if any) the landlord is to have with respect to the maintenance or repair of anything outside the premises that enables or facilitates the use of the premises.
The proposed amendment adds a provision about the obligations of the landlord with respect to the maintenance or repair of anything outside the premises that enables or facilitates the use of the premises.
Exemplar quote from bill: ...the Companies 5 Act 2006; “subsidiary” has the meaning given by section 1159 of that Act. SCHEDULE 19 Section 196 10 PROVISION TO BE INCLUDED IN TERMS OF TENANCY FURTHER TO CONTRACT UNDER SECTION 194 ...1 Provision about what obligations (if any) the landlord is to have with respect to the maintenance or repair of anything outside the premises that enables or facilitates the use of the premises.... 2 15 Provision about what obligations (if any) the landlord is to have with respect to the supply of water, energy or telecommunications services to the premises. 3 Provision requiring the tenant to ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
2 Provision about what obligations (if any) the landlord is to have with respect to the supply of water, energy or telecommunications services to the premises.
The proposed amendment adds a provision about the obligations of the landlord with respect to the supply of water, energy, or telecommunications services to the premises.
Exemplar quote from bill: ... 1 Provision about what obligations (if any) the landlord is to have with respect to the maintenance or repair of anything outside the premises that enables or facilitates the use of the premises. 2 1...2 Provision about what obligations (if any) the landlord is to have with respect to the supply of water, energy or telecommunications services to the premises.... 3 Provision requiring the tenant to keep the premises in repair. 4 Provision about— (a) 20 what works and alterations the tenant can or cannot carry out, with or without the consent of the landlord, ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
3 Provision requiring the tenant to keep the premises in repair.
The proposed amendment adds a provision requiring the tenant to keep the premises in repair.
Exemplar quote from bill: ...facilitates the use of the premises. 2 15 Provision about what obligations (if any) the landlord is to have with respect to the supply of water, energy or telecommunications services to the premises. ...3 Provision requiring the tenant to keep the premises in repair.... 4 Provision about— (a) 20 what works and alterations the tenant can or cannot carry out, with or without the consent of the landlord, and (b) (if applicable) the giving or withholding of such consent...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
4 Provision about— (a) 20 what works and alterations the tenant can or cannot carry out, with or without the consent of the landlord, and (b) (if applicable) the giving or withholding of such consent by the landlord.
The proposed amendment adds a provision about what works and alterations the tenant can or cannot carry out, with or without the consent of the landlord, and the giving or withholding of such consent by the landlord.
Exemplar quote from bill: ...ligations (if any) the landlord is to have with respect to the supply of water, energy or telecommunications services to the premises. 3 Provision requiring the tenant to keep the premises in repair. ...4 Provision about— (a) 20 what works and alterations the tenant can or cannot carry out, with or without the consent of the landlord, and (b) (if applicable) the giving or withholding of such consent by the landlord.... 5 Provision requiring the tenant to insure the premises (if they are not otherwise insured). 6 Provision enabling the landlord to recover from the tenant costs reasonably 25 incurred by or on behalf ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
5 Provision requiring the tenant to insure the premises (if they are not otherwise insured).
The proposed amendment adds a provision requiring the tenant to insure the premises if they are not otherwise insured.
Exemplar quote from bill: ...— (a) 20 what works and alterations the tenant can or cannot carry out, with or without the consent of the landlord, and (b) (if applicable) the giving or withholding of such consent by the landlord. ...5 Provision requiring the tenant to insure the premises (if they are not otherwise insured).... 6 Provision enabling the landlord to recover from the tenant costs reasonably 25 incurred by or on behalf of the landlord in connection with the premises. 7 Provision about circumstances in which the...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
6 Provision enabling the landlord to recover from the tenant costs reasonably 25 incurred by or on behalf of the landlord in connection with the premises.
The proposed amendment adds a provision enabling the landlord to recover from the tenant costs reasonably incurred by or on behalf of the landlord in connection with the premises.
Exemplar quote from bill: ...onsent of the landlord, and (b) (if applicable) the giving or withholding of such consent by the landlord. 5 Provision requiring the tenant to insure the premises (if they are not otherwise insured). ...6 Provision enabling the landlord to recover from the tenant costs reasonably 25 incurred by or on behalf of the landlord in connection with the premises.... 7 Provision about circumstances in which the tenant can or cannot— (a) assign the tenancy, (b) sub-let the premises, or (c) otherwise allow another person to possess or occupy the premises. 30 8 Prov...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
7 Provision about circumstances in which the tenant can or cannot— (a) assign the tenancy, (b) sub-let the premises, or (c) otherwise allow another person to possess or occupy the premises. 30
The proposed amendment adds a provision about the circumstances in which the tenant can or cannot assign the tenancy, sub-let the premises, or otherwise allow another person to possess or occupy the premises.
Exemplar quote from bill: ...remises (if they are not otherwise insured). 6 Provision enabling the landlord to recover from the tenant costs reasonably 25 incurred by or on behalf of the landlord in connection with the premises. ...7 Provision about circumstances in which the tenant can or cannot— (a) assign the tenancy, (b) sub-let the premises, or (c) otherwise allow another person to possess or occupy the premises. 30... 8 Provision for, and in connection with, the giving of a deposit by the tenant to secure the performance of the tenant’s obligations. 9 Provision about the circumstances in which the landlord can re-...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
8 Provision for, and in connection with, the giving of a deposit by the tenant to secure the performance of the tenant’s obligations.
The proposed amendment adds a provision for, and in connection with, the giving of a deposit by the tenant to secure the performance of the tenant's obligations.
Exemplar quote from bill: ...mises. 7 Provision about circumstances in which the tenant can or cannot— (a) assign the tenancy, (b) sub-let the premises, or (c) otherwise allow another person to possess or occupy the premises. 30 ...8 Provision for, and in connection with, the giving of a deposit by the tenant to secure the performance of the tenant’s obligations.... 9 Provision about the circumstances in which the landlord can re-enter the premises following a breach of the tenant’s obligations. 10 Provision requiring the tenant to deliver up the premises with v...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
9 Provision about the circumstances in which the landlord can re-enter the premises following a breach of the tenant’s obligations.
The proposed amendment adds a provision about the circumstances in which the landlord can re-enter the premises following a breach of the tenant's obligations.
Exemplar quote from bill: ...erwise allow another person to possess or occupy the premises. 30 8 Provision for, and in connection with, the giving of a deposit by the tenant to secure the performance of the tenant’s obligations. ...9 Provision about the circumstances in which the landlord can re-enter the premises following a breach of the tenant’s obligations.... 10 Provision requiring the tenant to deliver up the premises with vacant 35 possession at the end of the tenancy. 458 Levelling-up and Regeneration Bill Schedule 19—Provision to be included in terms ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
10 Provision requiring the tenant to deliver up the premises with vacant 35 possession at the end of the tenancy.
The proposed amendment adds a provision requiring the tenant to deliver up the premises with vacant possession at the end of the tenancy.
Exemplar quote from bill: ...y the tenant to secure the performance of the tenant’s obligations. 9 Provision about the circumstances in which the landlord can re-enter the premises following a breach of the tenant’s obligations. ...10 Provision requiring the tenant to deliver up the premises with vacant 35 possession at the end of the tenancy.... 458 Levelling-up and Regeneration Bill Schedule 19—Provision to be included in terms of tenancy further to contract under section 194 SCHEDULE 20 Section 219 PAVEMENT LICENCES Introductory 1 In this...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
SCHEDULE 20 Section 219
The proposed amendment modifies Section 219 of Schedule 20.
Exemplar quote from bill: ...ent orders”; (b) in paragraph (1)(a) after “orders” insert “and street vote development 35 orders”. Levelling-up and Regeneration Bill 401 Schedule 9—Street votes: minor and consequential amendments ...SCHEDULE 20 Section 219... CROWN DEVELOPMENT: CONSEQUENTIAL AMENDMENTS Town and Country Planning Act 1990 (c. 8) 1 TCPA 1990 is amended as follows. 2 In section 61W (England: requirement to carry out pre-application 5 consulta...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
1 In this Schedule— (a) “the 2020 Act” means the Business and Planning Act 2020; 5 (b) “the commencement date” means the date on which this Schedule comes into force; (c) “pavement licence” means a licence under section 1 of the 2020 Act.
The proposed amendment provides definitions for terms used in the schedule, including "the 2020 Act," "the commencement date," and "pavement licence."
Exemplar quote from bill: ... tenancy. 458 Levelling-up and Regeneration Bill Schedule 19—Provision to be included in terms of tenancy further to contract under section 194 SCHEDULE 20 Section 219 PAVEMENT LICENCES Introductory ...1 In this Schedule— (a) “the 2020 Act” means the Business and Planning Act 2020; 5 (b) “the commencement date” means the date on which this Schedule comes into force; (c) “pavement licence” means a licence under section 1 of the 2020 Act.... Making pavement licence provisions permanent 2 (1) Omit section 10 of the 2020 Act (expiry). 10 (2) In section 23 of the 2020 Act (regulations), in subsection (4), omit “10,”. Applications: fees 3 (1...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: deletion
2 (1) Omit section 10 of the 2020 Act (expiry). 10
The proposed amendment deletes section 10 of the 2020 Act, which pertains to expiry.
Exemplar quote from bill: ...b) “the commencement date” means the date on which this Schedule comes into force; (c) “pavement licence” means a licence under section 1 of the 2020 Act. Making pavement licence provisions permanent ...2 (1) Omit section 10 of the 2020 Act (expiry). 10... (2) In section 23 of the 2020 Act (regulations), in subsection (4), omit “10,”. Applications: fees 3 (1) Section 2 of the 2020 Act (applications) is amended as follows. (2) In subsection (1)(c), for ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
3 (1) Section 2 of the 2020 Act (applications) is amended as follows. (2) In subsection (1)(c), for “£100” substitute “the relevant amount”. (3) After subsection (1) insert— 15 “(1A) In subsection (1)(c), “the relevant amount” means— (a) £350, in the case of an application which— (i) is made by a person who already holds a pavement licence, and (ii) is in respect of the premises to which that existing 20 licence relates (whether or not it is a renewal application), and (b) £500, in any other case. (1B) 25 The Secretary of State may by regulations amend subsection (1A)(a) or (b) so as to substitute a different amount for the amount for the time being specified there.”
The proposed amendment amends Section 2 of the 2020 Act, changing the fee for applications for a pavement licence. The relevant amount is £350 for applications made by a person who already holds a pavement licence and is in respect of the premises to which that existing licence relates, and £500 for any other case. The Secretary of State may amend these amounts by regulations.
Exemplar quote from bill: ...Act. Making pavement licence provisions permanent 2 (1) Omit section 10 of the 2020 Act (expiry). 10 (2) In section 23 of the 2020 Act (regulations), in subsection (4), omit “10,”. Applications: fees ...3 (1) Section 2 of the 2020 Act (applications) is amended as follows. (2) In subsection (1)(c), for “£100” substitute “the relevant amount”. (3) After subsection (1) insert— 15 “(1A) In subsection (1)(c), “the relevant amount” means— (a) £350, in the case of an application which— (i) is made by a person who already holds a pavement licence, and (ii) is in respect of the premises to which that existing 20 licence relates (whether or not it is a renewal application), and (b) £500, in any other case. (1B) 25 The Secretary of State may by regulations amend subsection (1A)(a) or (b) so as to substitute a different amount for the amount for the time being specified there.”... 4 In section 23 of the 2020 Act (regulations), in subsection (3), after “section” insert “2(1B) or”. Applications: procedure on renewals 5 (1) Section 2 of the 2020 Act (applications) is amended as f...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
4 In section 23 of the 2020 Act (regulations), in subsection (3), after “section” insert “2(1B) or”.
The proposed amendment modifies section 23 of the 2020 Act, adding "2(1B) or" after "section" in subsection (3).
Exemplar quote from bill: ...) £500, in any other case. (1B) 25 The Secretary of State may by regulations amend subsection (1A)(a) or (b) so as to substitute a different amount for the amount for the time being specified there.” ...4 In section 23 of the 2020 Act (regulations), in subsection (3), after “section” insert “2(1B) or”.... Applications: procedure on renewals 5 (1) Section 2 of the 2020 Act (applications) is amended as follows. 30 (2) After subsection (2) insert— “(2A) If the application is a renewal application— (a) su...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
Section 20(3)
Definitions for "combined county authority" and "the proposed area" are provided.
Exemplar quote from bill: ...n the 25 proposed area; (d) an ITA the whole or any part of whose area is within the proposed area; (e) 30 a combined county authority the whole or any part of whose area is within the proposed area. ...(3) In this section— “combined county authority” means a combined county authority established under section 7(1) of the Levelling-up and Regeneration Act 2023; “the proposed area” means the area for which the combined 35 authority is proposed to be established.... (4) Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must— Levelling-up and Regeneration Bill 57 Part 2—Local democracy a...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
Section 20(9)
Regulations made under subsection (8) may include incidental, supplementary, consequential, transitional, transitory, or saving provisions.
Exemplar quote from bill: ...r provision about the matters which must be addressed by a proposal under this section; (b) make provision about material which must be included in or submitted 25 with a proposal under this section. ...(9) Regulations under subsection (8) may make incidental, supplementary, consequential, transitional, transitory or saving provision.”...44 Requirements in connection with establishment of CCA (1) The Secretary of State may make regulations establishing a CCA for an area 30 only if— (a) the Secretary of State considers that to do so is...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
Section 63(11)
Regulations made under subsection (10) may include incidental, supplementary, consequential, transitional, transitory, or saving provisions.
Exemplar quote from bill: ...ther provision about the matters which must be addressed by a proposal under this section; (b) make provision about material which must be included in or submitted with a proposal under this section. ...(11) Regulations under subsection (10) may make incidental, supplementary, 40 consequential, transitional, transitory or saving provision.”... 60 Levelling-up and Regeneration Bill Part 2—Local democracy and devolution Chapter 2—Other provision (4) Section 113 (requirements in connection with changes to existing combined arrangements) is a...
- ‼️ Local Democracy
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
section 11 (discounts)
The amendment inserts "11C" after "11B" in subsection (2) of section 11, which relates to discounts.
Exemplar quote from bill: ...ons made under subsection (3) may not be made unless a draft of the instrument has been approved by resolution of the House of Commons.” (3) In consequence of the amendment made by subsection (2)— (a)..."in section 11 (discounts), in subsection (2), after “11B” insert “, 11C”;"...15 (b) in section 11A (discounts: special provision for England), in subsection (4C), at the end insert “and 11C(5)”; (c) in section 13 (reduced amounts), in subsection (3), after “11B” insert “, 11C”...
- ‼️ Economic Impact
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
section 11A (discounts: special provision for England)
The amendment inserts "11C(5)" at the end of subsection (4C) of section 11A, which relates to special provisions for discounts in England.
Exemplar quote from bill: ...s been approved by resolution of the House of Commons.” (3) In consequence of the amendment made by subsection (2)— (a) in section 11 (discounts), in subsection (2), after “11B” insert “, 11C”; 15 (b)..."in section 11A (discounts: special provision for England), in subsection (4C), at the end insert “and 11C(5)”;"...(c) in section 13 (reduced amounts), in subsection (3), after “11B” insert “, 11C”; (d) in section 66 (judicial review), in subsection (2)(b), after “11B” insert 20 “, 11C”; (e) in section 67 (functio...
- ‼️ Economic Impact
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
section 13 (reduced amounts)
The amendment inserts "11C" after "11B" in subsection (3) of section 13, which relates to reduced amounts.
Exemplar quote from bill: ... (a) in section 11 (discounts), in subsection (2), after “11B” insert “, 11C”; 15 (b) in section 11A (discounts: special provision for England), in subsection (4C), at the end insert “and 11C(5)”; (c)..."in section 13 (reduced amounts), in subsection (3), after “11B” insert “, 11C”;"...(d) in section 66 (judicial review), in subsection (2)(b), after “11B” insert 20 “, 11C”; (e) in section 67 (functions to be discharged only by authority), in subsection (2)(a), after “11B insert “, 1...
- ‼️ Economic Impact
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
section 66 (judicial review)
The amendment inserts "11C" after "11B" in subsection (2)(b) of section 66, which relates to judicial review.
Exemplar quote from bill: ...) in section 11A (discounts: special provision for England), in subsection (4C), at the end insert “and 11C(5)”; (c) in section 13 (reduced amounts), in subsection (3), after “11B” insert “, 11C”; (d)..."in section 66 (judicial review), in subsection (2)(b), after “11B” insert “, 11C”;"...”; (e) in section 67 (functions to be discharged only by authority), in subsection (2)(a), after “11B insert “, 11C”; (f) 25 in section 113 (orders and regulations), in subsection (3), after “under se...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
section 67 (functions to be discharged only by authority)
The amendment inserts "11C" after "11B" in subsection (2)(a) of section 67, which relates to functions to be discharged only by authority.
Exemplar quote from bill: ...d insert “and 11C(5)”; (c) in section 13 (reduced amounts), in subsection (3), after “11B” insert “, 11C”; (d) in section 66 (judicial review), in subsection (2)(b), after “11B” insert 20 “, 11C”; (e)..."in section 67 (functions to be discharged only by authority), in subsection (2)(a), after “11B insert “, 11C”;"...(f) 25 in section 113 (orders and regulations), in subsection (3), after “under section” insert “11D(3),”; (g) in Schedule 2 (administration), in paragraph 4(7), after “: England),” insert “11C(1)(b) ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
section 113 (orders and regulations)
The amendment inserts "11D(3)" after "under section" in subsection (3) of section 113, which relates to orders and regulations.
Exemplar quote from bill: ...ion 66 (judicial review), in subsection (2)(b), after “11B” insert 20 “, 11C”; (e) in section 67 (functions to be discharged only by authority), in subsection (2)(a), after “11B insert “, 11C”; (f) 25..."in section 113 (orders and regulations), in subsection (3), after “under section” insert “11D(3),”;"...(g) in Schedule 2 (administration), in paragraph 4(7), after “: England),” insert “11C(1)(b) (higher amount for dwellings occupied periodically: England),”. (4) 30 A determination for the purposes of ...
- ‼️ Justice System
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Schedule 2 (administration)
The amendment inserts "11C(1)(b) (higher amount for dwellings occupied periodically: England)" after ": England)" in paragraph 4(7) of Schedule 2, which relates to administration.
Exemplar quote from bill: ...ons to be discharged only by authority), in subsection (2)(a), after “11B insert “, 11C”; (f) 25 in section 113 (orders and regulations), in subsection (3), after “under section” insert “11D(3),”; (g)..."in Schedule 2 (administration), in paragraph 4(7), after “: England),” insert “11C(1)(b) (higher amount for dwellings occupied periodically: England),”."...(4) 30 A determination for the purposes of section 11C of the Local Government Finance Act 1992 as inserted by subsection (2) may not relate to a financial year beginning before 1 April 2024 (but this...
- ‼️ Economic Impact
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
Section 96J Sections 96B to 96I and 96K: interpretation
The proposed change provides the interpretation of the term "associated catchment area" in relation to nitrogen significant plants and phosphorus significant plants.
Exemplar quote from bill: ...etation (1) This section applies for the purposes of sections 96B to 96I and 96K. 190 Levelling-up and Regeneration Bill Part 7—Nutrient pollution standards (2) In those sections (and this section)— ...“associated catchment area”— (a) in relation to a plant that is a nitrogen significant plant or is exempt in relation to the nitrogen nutrient pollution standard, means the nitrogen sensitive catchment area into which it discharges; (b) in relation to a plant that is a phosphorus significant plant or is exempt in relation to the phosphorus nutrient pollution standard, means the phosphorus sensitive catchment area into which it discharges;...rges; “environmental permitting regulations” means— (a) the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (as they have effect from time to time), or (b) any other pro...
- ‼️ Environmental Impact
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15J(3)
The amendment clarifies the definition of "constituent authority" in relation to a joint committee.
Exemplar quote from bill: ... 40 (b) a local planning authority; Levelling-up and Regeneration Bill 379 Schedule 7—Plan making (c) a minerals and waste planning authority. (3) In this Part (unless a contrary intention appears)— ...“constituent authority”, in relation to a joint committee, must be construed in accordance with section 15J(3);... “joint local plan” must be construed in accordance with section 5 15I(1); “joint local plan agreement” must be construed in accordance with section 15I(2); 10 “joint local plan direction” must be con...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15I(1)
The amendment clarifies the definition of "joint local plan".
Exemplar quote from bill: ...s and waste planning authority. (3) In this Part (unless a contrary intention appears)— “constituent authority”, in relation to a joint committee, must be construed in accordance with section 15J(3); ...“joint local plan” must be construed in accordance with section 15I(1);...); “joint local plan agreement” must be construed in accordance with section 15I(2); 10 “joint local plan direction” must be construed in accordance with section 15I(3); “joint spatial development str...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15I(2)
The amendment clarifies the definition of "joint local plan agreement".
Exemplar quote from bill: ...ion appears)— “constituent authority”, in relation to a joint committee, must be construed in accordance with section 15J(3); “joint local plan” must be construed in accordance with section 5 15I(1); ...“joint local plan agreement” must be construed in accordance with section 15I(2);... 10 “joint local plan direction” must be construed in accordance with section 15I(3); “joint spatial development strategy” means a strategy adopted by local planning authorities under section 15AD or,...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15I(3)
The amendment clarifies the definition of "joint local plan direction".
Exemplar quote from bill: ...trued in accordance with section 15J(3); “joint local plan” must be construed in accordance with section 5 15I(1); “joint local plan agreement” must be construed in accordance with section 15I(2); 10 ...“joint local plan direction” must be construed in accordance with section 15I(3);... “joint spatial development strategy” means a strategy adopted by local planning authorities under section 15AD or, as the context requires, a strategy in preparation further to an agreement under sec...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15IC
The amendment clarifies the definition of "joint supplementary plan".
Exemplar quote from bill: ...al development strategy” means a strategy adopted by local planning authorities under section 15AD or, as the context requires, a strategy in preparation further to an agreement under section 15A(1); ...“joint supplementary plan” must be construed in accordance with section 15IC;...IC; “local plan” must be construed in accordance with section 15C; “local plan timetable” must be construed in accordance with section 15B; “local planning authority” must be construed in accordance 2...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15C
The amendment clarifies the definition of "local plan".
Exemplar quote from bill: ...nder section 15AD or, as the context requires, a strategy in preparation further to an agreement under section 15A(1); “joint supplementary plan” must be construed in accordance 15 with section 15IC; ...“local plan” must be construed in accordance with section 15C;... “local plan timetable” must be construed in accordance with section 15B; “local planning authority” must be construed in accordance 20 with section 15LF; “minerals and waste development” means develo...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15B
The amendment clarifies the definition of "local plan timetable".
Exemplar quote from bill: ...eparation further to an agreement under section 15A(1); “joint supplementary plan” must be construed in accordance 15 with section 15IC; “local plan” must be construed in accordance with section 15C; ...“local plan timetable” must be construed in accordance with section 15B;... “local planning authority” must be construed in accordance 20 with section 15LF; “minerals and waste development” means development which is a county matter within the meaning of paragraph 1 of 25 Sc...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15LF
The amendment clarifies the definition of "local planning authority".
Exemplar quote from bill: ...ary plan” must be construed in accordance 15 with section 15IC; “local plan” must be construed in accordance with section 15C; “local plan timetable” must be construed in accordance with section 15B; ...“local planning authority” must be construed in accordance with section 15LF;...LF; “minerals and waste development” means development which is a county matter within the meaning of paragraph 1 of 25 Schedule 1 to the principal Act (ignoring sub-paragraph (1)(i) of that paragraph...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15LG
The amendment clarifies the definition of "minerals and waste planning authority".
Exemplar quote from bill: ...aragraph (1)(i) of that paragraph); “minerals and waste plan” must be construed in accordance with section 15CB; “minerals and waste plan timetable” must be construed in accordance with section 15BB; ...“minerals and waste planning authority” must be construed in accordance with section 15LG;...LG; “neighbourhood priorities statement” must be construed in accordance with section 15K; 35 “relevant area” must be construed in accordance with section 15LG; “relevant plan-making authority” must b...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15K
The amendment clarifies the definition of "neighbourhood priorities statement".
Exemplar quote from bill: ...with section 15CB; “minerals and waste plan timetable” must be construed in accordance with section 15BB; “minerals and waste planning authority” must be construed in 30 accordance with section 15LG; ...“neighbourhood priorities statement” must be construed in accordance with section 15K;... 35 “relevant area” must be construed in accordance with section 15LG; “relevant plan-making authority” must be construed in accordance with subsection (2); “spatial development strategy” means (excep...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15LG
The amendment clarifies the definition of "relevant area".
Exemplar quote from bill: ...h section 15BB; “minerals and waste planning authority” must be construed in 30 accordance with section 15LG; “neighbourhood priorities statement” must be construed in accordance with section 15K; 35 ...“relevant area” must be construed in accordance with section 15LG;... “relevant plan-making authority” must be construed in accordance with subsection (2); “spatial development strategy” means (except in the context of more specific expressions)— (a) the spatial develo...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15LG
The amendment clarifies the definition of "relevant plan-making authority".
Exemplar quote from bill: ...strued in 30 accordance with section 15LG; “neighbourhood priorities statement” must be construed in accordance with section 15K; 35 “relevant area” must be construed in accordance with section 15LG; ...“relevant plan-making authority” must be construed in accordance with subsection (2);... “spatial development strategy” means (except in the context of more specific expressions)— (a) the spatial development strategy for London, 40 (b) a spatial development strategy adopted by a combined...
- ‼️ Governance
(Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
Section 15CC
The amendment clarifies the definition of "supplementary plan".
Exemplar quote from bill: ...an making (c) a joint spatial development strategy; “spatial development strategy for London” means the strategy adopted by the Mayor of London under Part 8 of the Greater London Authority Act 1999; ...“supplementary plan” must be construed in accordance with section 15CC.”....” SCHEDULE 8 Section 95 MINOR AND CONSEQUENTIAL AMENDMENTS IN CONNECTION WITH CHAPTER 2 OF PART 3 Local Government Act 1972 10 1 In section 138C of the Local Government Act 1972 (application of secti...
- ‼️ Governance
(Variously affected)
That's everything!
Remember: This document is not guaranteed to reflect the content of the bill, and may be entirely inaccurate in its summaries. This is an experimental analysis. Read the bill itself on the official parliament bills website: https://bills.parliament.uk/bills/3155