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by Munro Research

Localism Act 2011


Official Summary

To make provision about the functions and procedures of local and certain other authorities; to make provision about the functions of the Local Commission for Administration in England; to enable the recovery of financial sanctions imposed by the Court of Justice of the European Union on the United Kingdom from local and public authorities; to make provision about local government finance; to make provision about town and country planning, the Community Infrastructure Levy and the authorisation of nationally significant infrastructure projects; to make provision about social and other housing; to make provision about regeneration in London; and for connected purposes.

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Overview

This bill makes numerous amendments to existing legislation, primarily focused on enhancing the powers of local authorities and other bodies in England and Wales, improving transparency and accountability, and streamlining processes related to planning, housing, and EU financial sanctions. It also introduces changes to electoral processes for some district councils.

Description

Expanded Powers for Local Authorities

The bill significantly broadens the powers of Integrated Transport Authorities (ITAs), Passenger Transport Executives, economic prosperity boards, and combined authorities, allowing them to undertake a wider range of activities, including commercial ventures, subject to specified limitations and ministerial oversight.

Transfer and Delegation of Functions

The Secretary of State is granted powers to transfer local public functions to permitted authorities (county and district councils, economic prosperity boards, and combined authorities) to promote economic development and increase local accountability. Ministers can also delegate eligible functions to these authorities. Transfer schemes are introduced to handle the transfer of property, rights, and liabilities associated with these transfers and delegations.

Transparency and Accountability in Local Governance

The bill mandates the adoption of codes of conduct for members of relevant authorities, including arrangements for investigating and resolving allegations of misconduct. It also requires the establishment and maintenance of registers of interests for these members, with provisions for disclosure of pecuniary and other interests, subject to exceptions for sensitive information.

EU Financial Sanctions

The bill establishes a framework for managing EU financial sanctions imposed on the UK, requiring designated public authorities to make payments towards sanctions, subject to warning notices, consultations with an independent panel, and ministerial determination of the authority's share of responsibility. A similar framework is introduced for Welsh authorities, managed by the Welsh Ministers.

Electoral Scheme Changes

The bill modifies timetables for changing electoral schemes in English district councils, removing restrictions on when councils can pass resolutions to alter their electoral systems.

Other Amendments

The bill includes various other amendments to existing legislation related to planning permission processes, the compulsory acquisition of land, the regulation of houses in multiple occupation (HMOs), and tenancy deposit schemes.

Government Spending

The bill's financial implications are not explicitly stated within the provided text. However, the potential for increased government spending or shifting of financial burdens to local authorities could arise from the new powers granted for commercial activities, the transfer of functions, and the handling of EU financial sanctions. There is no specific amount provided.

Groups Affected

  • Integrated Transport Authorities (ITAs): Expanded powers and responsibilities.
  • Passenger Transport Executives: Expanded powers and responsibilities.
  • Economic prosperity boards and combined authorities: Expanded powers and responsibilities.
  • Local authorities: Increased powers, responsibilities, and potential financial impacts, including the responsibility for managing EU financial sanctions.
  • Welsh public authorities: Similar responsibilities to English authorities for handling EU financial sanctions.
  • Parish councils: New requirements for codes of conduct and registers of interests.
  • Landowners: Changes to processes related to compulsory acquisition of land and assets of community value.
  • Tenants: Amendments to tenancy deposit schemes and regulations surrounding secure and assured tenancies.
  • Developers: Potential impact from changes in the Community Infrastructure Levy (CIL) and planning permission.
  • Members and officers of local authorities: New requirements for codes of conduct and registers of interests.
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