49-644: The Localism Act 2011 (c. 20) is an Act of Parliament that changes the powers of local government in England . The aim of the act is to facilitate the devolution of decision-making powers from central government control to individuals and communities. The measures affected by the Act include an increase in the number of elected mayors , referendums and the "Local authority’s general power of competence " (Part 1, chapter 1) which states "A local authority has power to do anything that individuals generally may do". Although
98-511: A white paper , which is a clear statement of intent. It is increasingly common for a small number of Government bills to be published in draft before they are presented in Parliament. These bills are then considered either by the relevant select committee of the House of Commons or by an ad hoc joint committee of both Houses. This provides an opportunity for the committee to express a view on
147-399: A chance to raise the money to purchase the asset. The owner does not have to sell to a community group. The asset of community value listing only improves the chances of community groups being able to purchase by providing more time to raise funds. It does not require the owner to sell at a discount. The listing of a property as an asset of community value lasts for five years after which it
196-599: A change of use or demolition under the 'permitted development' rules in the General Permitted Development Order . From 23 May 2017 onwards this protection is extended to all pubs regardless of their ACV status, under the Amendment to the GPDO (SI 2017/619). This means that any change of use or demolition (apart from changing the way a pub operates to include greater dining use, and back again to
245-494: A council. Most significantly, Section 68 amended the Business Rate Supplements Act 2009 , imposing a requirement to conduct a ballot of those eligible to pay a proposed supplement. In practice this prevented new BRS being proposed, as few rate-payers would voluntarily vote in favour of additional taxes. As a result, no new supplements have been introduced since 2011, despite authorities notionally having
294-500: A decision on a matter after previously having expressed views on it, without the risk the decision being invalid due to bias or predetermination . These sections give ministers the right to require public authorities to pay fines to the European Union resulting from an infraction of European Union law. Part 4 amended the beneficiaries to whom discretionary relief on non-domestic rates (i.e. Business Rates) could be granted by
343-444: A duty to consult the local community under s(4) part 6 of the Act and that the applicant has a duty to consult every person living in the vicinity of the land. Each English housing authority must have an "allocation scheme" for determining priorities. Reasonable preference should be given to groups such as the homeless and those living in unsanitary conditions but otherwise housing authorities may themselves decide whom to support and
392-492: A few, if any, are passed each year. Parliamentary authorities maintain a list of all private bills before parliament . Hybrid bills combine elements of both public and private bill. While they propose to make changes to the general law, they also contain provisions applying to specific individuals or bodies. Recent examples are the Crossrail Bill, a hybrid bill to build a railway across London from west to east , and
441-510: A general change in the law. The only difference from other public bills is that they are brought forward by a private member (a backbencher) rather than by the government. Twenty private members' bills per session are allowed to be introduced, with the sponsoring private members selected by a ballot of the whole house, and additional bills may be introduced under the Ten Minute Rule . Financial bills raise revenue and authorise how money
490-572: A minimum consultation period of twelve weeks. Consultation documents are widely circulated (see for example the Home Office consultation on extreme pornography and the Scottish Government 's consultation on food policy ). The character of the consultation is shaped by the government's determination to press forward with a particular set of proposals. A government may publish a green paper outlining various legislative options or
539-541: A period of consultation will take place before a bill is drafted. Within government, the Treasury and other departments with an interest will be consulted along with the devolved administrations in Scotland, Wales and Northern Ireland. Outside government, interested parties such as trade unions , industry bodies and pressure groups will be asked for their views on any proposals. The Cabinet Office Code of Practice specifies
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#1732766050434588-511: A planning enforcement notice. Nationally the Infrastructure Planning Commission is abolished and new powers put in place to cover national infrastructure projects. Chapter 4 of the Act carries a requirement to carry out "pre-application consultation" before applying for planning permission for the development of any land in England. This section also specifies that the person carrying the planning application has
637-409: A process of consultation, the sponsoring department will send drafting instructions to parliamentary counsel, expert lawyers working for the government responsible for writing legislation. These instructions will describe what the bill should do but not the detail of how this is achieved. The Parliamentary counsel must draft the legislation clearly to minimise the possibility of legal challenge and to fit
686-865: A solely drinking establishment) now requires full planning permission. By late 2015, of about 860 pubs across the country which had registered as ACVs, twelve had been acquired by groups under the community right to bid and none had been purchased under compulsory purchase powers, although in 2015 there were two cases where the latter was being investigated; as of 2018 there were about six pub CPO actions being considered or underway. The largest group of listings have been for pubs , with over one hundred listed by August 2013 and six hundred by March 2015. Sport and leisure facilities include Elland Road stadium in Leeds, Ewood Park football stadium in Blackburn, Old Trafford football stadium , St. Andrews football stadium ,
735-469: A specifically named locality or legal person in a manner different from all others. Private bills are "usually promoted by organisations, like local authorities or private companies, to give themselves powers beyond, or in conflict with, the general law. Private bills only change the law as it applies to specific individuals or organisations, rather than the general public. Groups or individuals potentially affected by these changes can petition Parliament against
784-418: A sub-category of private acts, which confer specific rights or duties on a named individual or individuals, for example allowing two persons to marry even though they are within a "prohibited degree of consanguinity or affinity" such as stepfather and stepdaughter. Private bills, common in the 19th century, are now rare, as new planning legislation introduced in the 1960s removed the need for many of them. Only
833-403: Is automatically delisted and the restrictions imposed by the covenant are removed. Communities can however apply for the listing to be renewed. Care should be taken to ensure the listing is continuous- apply for renewal not less than eight weeks before the original listing ends. Between 6 March 2015 and 22 May 2017 there was special protection in place protecting ACV listed or nominated pubs from
882-612: Is being assessed. This section is concerned with administrative details, such as the date at which each section of the Act starts operating, how consultations should be carried out and the powers needed to make and amend the orders and regulations required by the Act. The first prosecution to take place under the Act was against Spencer Flower, former leader of Dorset County Council and also an East Dorset District Councillor , whose trial took place at Bournemouth Magistrates' Court (then in Stafford Road) on 30 March 2015. The charge
931-577: Is considered "excessive" according to a set of principles defined by the Secretary of State for Communities and Local Government . This section also creates new rights for charitable trusts, voluntary bodies and others to apply to councils and fire and rescue authorities to carry out services provided by the council (the " Community Right to Challenge "), and allows lists to be compiled of Assets of Community Value such as shops, pubs and playing fields , which are privately owned, but which are of value to
980-436: Is designed to keep the business of government and public affairs up to date. These bills may not be substantial or controversial in party political terms. Two sub-classes of the housekeeping bill are consolidation bills , which set out existing law in a clearer and more up-to-date form without changing its substance; and the tax law rewrite bills , which do the same for tax law. An Act of Parliament will often confer power on
1029-427: Is distinct from the community asset transfer procedure, although the two are often conflated. Under the terms of the legislation, registration as an asset of community value covers three aspects: The owner of an asset of community value must inform the local authority if they wish to sell the asset. If a qualifying community group wants to buy the asset, they can trigger a moratorium for six months, to give them
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#17327660504341078-820: Is spent. The best-known such bills are the normally annual Finance Bills introduced by the Chancellor of the Exchequer in the Budget . This usually encompasses all the changes to be made to tax law for the year. Its formal description is "a Bill to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance". Consolidated Fund and Appropriation Bills authorise government spending. This type of bill
1127-447: Is the major part of the Act, and the one which extends the power of all local authorities, from parish and community councils to county councils, to 'do anything that individuals generally may do', as long as that is not limited by some other Act. Sections 27 to 36 deal with the standards expected of council members and with the keeping of public registers of interests. In an important change, it specifically empowers members to take part in
1176-507: The 1976 Aircraft and Shipbuilding Industries Bill , which was a particularly controversial bill that was ruled to be a hybrid bill, forcing the government to withdraw some of its provisions to allow its passage as a public bill. Once passed, hybrid bills are printed as part of the public general acts. Parliamentary authorities maintain a list of all hybrid bills before parliament . It is important not to confuse private bills with private members' bills, which are public bills intended to effect
1225-543: The Core Cities Group , leading to the introduction of the Cities and Local Government Devolution Act 2016 . The bill was introduced by the Secretary of State for Communities and Local Government , Eric Pickles , and given its first reading on 13 December 2010. The Bill completed the third reading in the House of Lords on 31 October 2011. The bill received Royal Assent on 15 November 2011. The main section of
1274-699: The Cornish unitary authority ." Talks took place in 2011 between the Deputy Prime Minister Nick Clegg and a cross party group, including the six Cornish MPs, as to how to bring about the devolution of powers to Cornwall. No progress was made, resulting in Mebyon Kernow relaunching its campaign for a Cornish Assembly in 2014. In November 2011, the Greater Manchester Combined Authority used
1323-621: The King in Council , a minister , or another public body to create delegated legislation, usually by means of a statutory instrument . Bills may start their passage in either the House of Commons or House of Lords , although bills which are mainly or entirely financial will start in the Commons. Each bill passes through the following stages: Although not strictly part of the legislative process,
1372-571: The Mayor of London to prepare and publish an "Economic development strategy for London” and "The London Environment Strategy". The section also allows the Mayor of London to create "Mayoral development corporations" whose object is to regenerate parts of London identified as "Mayoral development areas". This is concerned with changes to the "Land Compensation Act 1961" which mean that existing planning permissions can be taken into account when compensation
1421-715: The United Kingdom is primary legislation passed by the UK Parliament in Westminster , London . An Act of Parliament can be enforced in all four of the UK constituent countries ( England , Scotland , Wales and Northern Ireland ). As a result of devolution the majority of acts that are passed by Parliament increasingly only apply either to England and Wales only, or England only. Generally acts only relating to constitutional and reserved matters now apply to
1470-510: The Act is split into ten parts (totalling 240 pages), and this is followed by 25 further schedules (an additional 243 pages). A short summary of the main points is available. Sections of the Act involving new regulations are straightforward but the Act also includes many detailed modifications of existing Acts, such as the Town and Country Planning Act 1990 and the Planning Act 2008 . This
1519-609: The Localism Act 2011 to seek provision for a further transfer of powers that would result in an additional devolution of authority from the UK's central government, enhancing its powers over transport and housing and granting it competencies to fund and control schemes on its own terms. However, further devolution required primary legislation and this was announced in November 2014. In 2013, Mayor of Hackney Jules Pipe criticised
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1568-684: The Lords. They will check the following: After this process, the bill is then ready for introduction. Asset of community value In England, an asset of community value ( ACV ) is land or property of importance to a local community which is subject to additional protection from development under the Localism Act 2011 . Voluntary and community organisations, parish councils , local neighbourhood planning forums and charities can nominate an asset to be included on their local authority 's register of asset of community value. The initiative
1617-449: The act was envisaged as having the potential to bring about wide-scale decentralisation , there have been few significant examples of its implementation. One notable outcome of the act has been the combined authorities formed by local authorities pooling their powers of transport and economy and gaining certain functions delegated from central government. As a result, there have been calls for legislation to bring about further devolution to
1666-715: The act, saying that it "does not challenge the deep-rooted centralisation in the UK". Acts of Parliament in the United Kingdom King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee An Act of Parliament in
1715-408: The additional costs, besides infrastructure costs, that development places on an area and the money raised can be used to fund the improvement, replacement, operation or maintenance of infrastructure as well as its provision. The Act allows neighbourhood plans to be developed but to be adopted they have to pass both an inspection stage and a local referendum. Suitable community organisations can obtain
1764-586: The bill and propose amendments before it is introduced. Draft bills allow more lengthy scrutiny of potential legislation and have been seen as a response to time pressures which may result in the use of programme orders to impose a strict timetable on the passage of bills and what is known as 'drafting on the hoof', where the government introduces amendments to its own bills. With increased time for scrutiny backed up with considered evidence, draft bills may present governments with difficulty in getting their way. The sponsoring government department will then write to
1813-524: The bill in with existing UK, European Union and delegated legislation. A finished bill must be approved or scrutinised by the sponsoring department and minister, parliamentary counsel and LP. The final stage is the submission of the bill to the authorities of the House in which it is to start its legislative journey. In the Commons, this is the Clerk of Legislation and the Public Bill Office in
1862-546: The community; if such assets are later sold, the Act makes it easier for local communities to bid for and take over the assets. The government at the time identified the Community Right to Challenge as an aspect of its approach to improving choice, access and accountability in public services . Regional Strategies are abolished but there is a duty for interested parties to co-operate in the preparation of development plans. The Community Infrastructure Levy now includes
1911-484: The conditions of support. People subject to immigration control cannot be supported. An authority's duty to homeless people, who are not intentionally homeless, now ceases if they refuse reasonable accommodation. The housing authorities must publish a "tenancy strategy" giving the types of tenancy provided, the circumstances under which they are granted, their length and the circumstances in which they may be extended. This section also includes many changes to tenancy law, to
1960-608: The financing of local authority housing and to the handling of complaints. Home Information Packs , which were required when selling a property, are abolished. This section is concerned with changes to the Acts and regulations which affect the Greater London Authority . It abolishes the London Development Agency to be replaced by a subsidiary corporation ( GLA Land and Property ) and requires
2009-440: The largest category of legislation, in principle affecting the public general law applying to everyone across the entire United Kingdom, or at least to one or more of its constituent countries of England , Northern Ireland , Scotland , or Wales . Most public general acts proceed through Parliament as a public bill. Occasionally a bill is treated as hybrid . Private acts are either local or personal in their effect, applying to
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2058-573: The power to do so. The only major scheme to have been funded from a Business Rate Supplement remains the CrossRail project in London, which imposed the "CrossRail Supplement" in April 2010. This section is concerned with council tax and requires local authorities, fire authorities , and police and crime commissioners to conduct a local referendum if they wish to implement a council tax increase that
2107-777: The proposed bill and present their objections to committees of MPs and Lords." They include acts to confer powers on certain local authorities, a recent example being the Canterbury City Council Bill, which makes provisions relating to street trading and consumer protection in the city. Private bills can also affect certain companies: the Northern Bank Bill allowed the statutory right of Northern Bank to issue bank notes to be transferred to Danske Bank which had acquired it. Other private bills may affect particular companies established by Act of Parliament such as TSB Bank and Transas. Personal acts are
2156-487: The relevant policy committee of the Cabinet. The proposals are only discussed at a meeting if disagreements arise. Even an uncontroversial proposal may face administrative hurdles. A potential change in the law may have to wait for a more extensive bill in that policy area to be brought forward before it is worthwhile devoting parliamentary time to it. The proposal will then be bundled together with more substantive measures in
2205-447: The rights to develop an area plan. A Neighbourhood Area , for which a Neighbourhood Plan may be developed, is an area designated by a local planning authority in response to an application from a parish council or from a neighbourhood forum in an unparished area. The Act specifies how planning decisions can be legally enforced and allows planning authorities to decline to process planning applications which include any region affected by
2254-489: The same Bill. The Ministerial Committee on the Legislative Programme (LP), including the leaders and government chief whips in both houses, is responsible for the timetable of legislation. This committee decides which house a bill will start in, recommends to the Cabinet which proposals will be in the King's Speech , which will be published in draft and how much parliamentary time will be required. Following
2303-410: The whole of the United Kingdom . A draft piece of legislation is called a bill . When this is passed by Parliament and given royal assent , it becomes an act and part of statute law . Acts of Parliament are classified as either "public general acts" or "local and personal acts" (also known as "private acts"). Bills are also classified as "public", "private", or "hybrid". Public general acts form
2352-537: Was given a six-month conditional discharge and was ordered to pay £930 in costs. It was suggested that the Localism Bill could form a stepping stone to a devolved Cornish Assembly . Greg Clark , the minister responsible for the Bill, had indicated that this would be possible. In November 2010, British Prime Minister David Cameron said that his government would "devolve a lot of power to Cornwall - that will go to
2401-577: Was that on 25 February 2013, Flower had voted in a council meeting on East Dorset's core strategy without having disclosed a pecuniary interest in Synergy Housing Limited, which owned allotment land in Wimborne that was being considered for change of status under the said strategy. District Judge Nicholls found that Flower had a positive duty under Section 31(4) of the Act not to have participated in that meeting, nor to have voted. Flower
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