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 amends several existing Acts, primarily to grant expanded powers to various local authorities and bodies in England and Wales, including Integrated Transport Authorities (ITAs), Passenger Transport Executives, economic prosperity boards, and combined authorities. It also introduces provisions relating to the handling of EU financial sanctions and changes to local government electoral schemes and tenancies. The bill also clarifies and streamlines aspects of planning permission, compulsory acquisition, and local government ethics.
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 those for commercial purposes, subject to specific limitations and the Secretary of State's oversight. This includes the ability to delegate functions but not the responsibility for determining what action to take.
EU Financial Sanctions
The bill establishes procedures for handling EU financial sanctions imposed on the UK, outlining how the government (and Welsh Ministers) will determine which public authorities are responsible for any resulting payments, and how those payments will be assessed and distributed.
Local Government Electoral Changes
The bill modifies the timetables and procedures for changing electoral schemes in English district councils, introducing minimum periods between resolutions to alter those schemes.
Tenancy Provisions
Amendments are made to existing legislation relating to secure and assured tenancies, particularly regarding the recovery of possession after a tenant's death and provisions for flexible tenancies in social housing. The bill also includes provisions related to tenants' deposits, extending timelines and providing clearer processes for dispute resolution.
Local Government Ethics
The bill updates regulations surrounding the conduct of local authority members, introducing a requirement for a code of conduct and improved procedures for dealing with allegations against them, including the requirement for at least one independent person to be involved in the investigation and decision-making processes.
Planning and Compulsory Acquisition
Amendments to the planning process are included, along with changes to how planning permission is considered when assessing compensation for compulsory land acquisition. The bill also introduces measures to increase cooperation among local authorities regarding assets of community value and streamlines certain aspects of the process.
Government Spending
The bill's financial implications are not explicitly detailed in the provided text. The changes could lead to increased or decreased spending depending on the actions taken by local authorities under their newly expanded powers and the distribution of funds related to EU financial sanctions.
Groups Affected
- Integrated Transport Authorities (ITAs): Granted expanded powers, potentially leading to increased influence and responsibilities.
- Passenger Transport Executives: Similar to ITAs, experiencing an expansion of their authorities and operational capabilities.
- Economic Prosperity Boards and Combined Authorities: Experience a similar expansion of their powers and operational reach.
- English District Councils: Affected by changes to electoral scheme timelines.
- Local Government Members: Subject to new requirements for codes of conduct and procedures for addressing complaints.
- Landowners and Developers: Impacted by adjustments to compulsory acquisition compensation assessment, including the consideration of planning permission.
- Tenants: Affected by changes to tenancy laws, specifically secure and assured tenancies and provisions related to flexible tenancies.
- Public Authorities: Potentially affected by the financial implications of EU financial sanctions.
- Local Planning Authorities: Subject to modifications in procedures and responsibilities.
- Community Interest Groups: May experience changes in opportunities relating to community assets.
- Social Landlords: Subject to amendments impacting their responsibilities regarding tenancies and complaints processes.
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