Schedule
Sustainable Communities Bill
2:30 pm
John Cummings (Easington, Labour)
With this it will be convenient to discuss the following: New clause 7—Action plans —
‘(1) The Secretary of State shall, as soon as is practicable, consult all principal councils in accordance with this section—
(a) on the matters set out in the Schedule to this Act, which specifies matters which affect the sustainability of local communities, and
(b) on any other matters which in the opinion of the Secretary of State affect the sustainability of local communities.
(2) Before consulting principal councils, the Secretary of State must—
(a) subject to paragraph (b) appoint a person to be his advisor (“the advisor”) for the purposes of this Act.
(b) request the Local Government Association to be the advisor but, if that body declines, appoint such other person or persons who must be persons who represent the interests of principal councils.
(3) The advisor must consider the responses to the consultation pursuant to subsection (1) and draw up a list of proposals contained in those responses which in the advisor’s opinion—
(a) should be given the greatest priority, and
(b) have cross-party support.
(4) The Secretary of State must, subject to subsection (5), cooperate with the advisor in drawing up an action plan to promote the sustainability of local communities which shall—
(a) be based primarily on those proposals that have been identified by the advisor as requiring the greatest priority and having cross-party support; and
(b) include such other recommendations made by principal councils as the Secretary of State thinks fit.
(5) The Secretary of State may determine which proposals are not appropriate to be implemented immediately or at all, on the grounds that—
(a) the direct or indirect costs likely to be involved in their implementation, or
(b) their implementation in whole or in part is likely to conflict, to a significant extent, with a specific government objective.
(6) The Secretary of State shall, no later than 18 monthsafter the commencement of the consultation pursuant to subsection (1), lay the action plan before each House of Parliament for approval by each House.
(7) The Secretary of State must—
(a) implement the action plan and for that purpose shall keep under review the progress made from time to time in the implementation of the action plan; and
(b) consider any opinions of the advisor on progress made.
(8) The Secretary of State shall ensure that every regional office of government cooperates with principal councils and panels established under section 3(1A) for the relevant region in the promotion of the sustainability of local communities.
(9) The Secretary of State shall in each Session of Parliament beginning after the enactment of this act lay an annual report before each House of Parliament containing the action plan, if completed, and detailing the progress made to the date of the report in producing the action plan if not completed, and in implementing the recommendations contained in the action plan in pursuance of subsection (7).’.
Government new clause 5—Proposals by principal councils—
‘(1) The Secretary of State must invite principal councils to make proposals which they consider would contribute to promoting the sustainability of local communities.
(2) Before inviting proposals, the Secretary of State must appoint a person (the “selector”) to consider the proposals and draw up a short-list of proposals for consideration by the Secretary of State, in accordance with regulations under section [Proposals by principal councils: regulations].
(3) The selector must be a person who represents the interests of principal councils.
(4) On receiving the short-list from the selector, the Secretary of State must—
(a) decide which, if any, of the proposals on the short-list should be implemented, and
(b) give reasons for the decision.
(5) Before taking a decision under subsection (4) the Secretary of State must consult the selector and try to reach agreement.’.
Government new clause 6—Short-listing of proposals: regulations—
‘(1) The Secretary of State must make regulations about the procedure to be followed in relation to proposals under section [Proposals by principal councils].
(2) Before making regulations the Secretary of State must consult—
(a) the selector, and
(b) such other persons, who the Secretary of State thinks represent the interests of principal councils, as the Secretary of State thinks fit.
(3) Regulations may, in particular—
(a) specify, or authorise the selector to specify, steps to be taken by a principal council before making proposals (including, in particular, a requirement for a principal council to have regard to the matters specified in the Schedule);
(b) specify steps to be taken by the selector in considering the proposals and drawing up a short-list;
(c) specify criteria to be applied by the selector in drawing up a short-list;
(d) specify a maximum number of proposals to be included in a short-list;
(e) require the selector to prepare, and give to the Secretary of State, a report on the proposals;
(f) specify the form of, and the information to be included in, a report under paragraph (e).
(4) Regulations must—
(a) require a principal council, if it has not already done so, to consult representatives of local persons before making any proposal under section [Proposals by principal councils],
(b) require a principal council to try to reach agreement with representatives of local persons about proposals, and
(c) require a principal council to have regard to any guidance issued under subsection (5).
(5) The Secretary of State may issue guidance to principal councils about making proposals, which may in particular include guidance about consulting representatives of local persons.
(6) Before issuing or revising guidance under subsection (5) the Secretary of State must consult—
(a) principal councils, or
(b) persons who the Secretary of State thinks represent the interests of principal councils.
(7) In this section—
“local person” means, in relation to a proposal by a principal council under section [Proposals by principal councils], a person who is likely to be affected by, or interested in, the proposal;
“representative” means, in relation to local persons, a person who appears to the principal council to be representative of the local persons.
(8) Regulations under this section—
(a) must be made by statutory instrument, and
(b) are subject to annulment in pursuance of a resolution of either House of Parliament.’.
Government amendment No. 45, in title, line 1, leave out from ‘provision’ to ‘and’ in line 8 and insert
‘about promoting the sustainability of local communities;’.
Amendment No. 46, in title, line 6, leave out ‘upon request’.
Amendment No. 47, in title, line 6, leave out ‘produce local spending plans’ and insert
‘make recommendations regarding local spending reports’.
Amendment No. 48, in title, line 7, leave out
‘approve and implement those plans’
and insert
‘publish reasons for decisions relating to local spending reports’.