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Block 2 – Local Government Part 1 – Local Government Chapter 5 (Governance) Chapter 7 (Standards) and Chapter 8 (Pay Accountability) 1.

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Presentation on theme: "Block 2 – Local Government Part 1 – Local Government Chapter 5 (Governance) Chapter 7 (Standards) and Chapter 8 (Pay Accountability) 1."— Presentation transcript:

1 Block 2 – Local Government Part 1 – Local Government Chapter 5 (Governance) Chapter 7 (Standards) and Chapter 8 (Pay Accountability) 1

2 Governance Chapter 5 of Part 1 of LA 2011 Sections 21 to 24; Schedules 2 and 3. Schedule 2 inserts new Part 1A into Local Government Act 2000 New Part 1A consists of sections 9B to 9R 2

3 Governance Forms of governance – 1.Executive arrangements 2.Committee system and 3.Prescribed arrangements 3

4 Governance (1) Executive Arrangements Must be either – directly elected mayor with 2 or more councillors appointed to executive by mayor OR executive leader, elected by full council, with 2 or more councillors appointed to the executive by the leader (S.9C of 2000 Act) 4

5 Governance (1) Executive Arrangements SoS may make regulations to specify those executive functions which – may, but need not, be the responsibility of the executive, and those functions which must not be the responsibility of the executive (S. 9D of the 2000 Act) 5

6 Governance (1) Executive Arrangements Duty to set up Overview & Scrutiny Committees. These will have powers to – Make reports and recommendations Require unimplemented decisions to be reconsidered and decisions to be reviewed Appoint sub-committees Require officers and members to appear before it Co-opt non-members of authority NB – the Scrutiny Officer (s. 9FB of 2000 Act) 6

7 Governance (1) Executive Arrangements Elected mayor – Someone elected to that post by local government electors in the authoritys area not a member or councillor of a local authority Election to take place on same day as council elections 4 year terms (S. 9H of 2000 Act) 7

8 Governance (1) Executive Arrangements Leader and Cabinet Executives arrangements – Must include provision with respect to the election of the executive leader and May include provision with respect to the term of office of the executive leader. (S.9I of the 2000 Act) 8

9 Governance (2) The Committee System SoS has power to impose a structure on system by specifying which functions can and cannot be delegated An authority operating a Committee system may appoint an Overview and Scrutiny Committee (Section 9JA of the 2000 Act). 9

10 Governance (3) Prescribed arrangements Arrangements prescribed in SoSs (under s. 9BA). SoS must have regard to proposals received from LA when considering whether or how to make regulations LA can suggest proposal asking SoS to make regulations provided – The proposals are an improvement Likely decision would be taken efficiently, transparently and accountably, and Suitable for all local authorities, or for a particular description of authority 10

11 Governance Changing governance arrangements Power to change or vary Requirement for resolution Restrictions on changes: the 5 year rule Requirement for referendum (in some cases) SoSs power to require referendum 11

12 Standards Chapter 7 of Part 1 of LA 2011 Sections 26 to 35 of LA

13 Standards Amendments of existing provisions (s. 26 LA 2011) The Current regime Reasons for amendments Effects of amendments 13

14 Standards A Plain English guide to the Localism Act 2011 (DCLG, November 2011) states [The current system] of safeguards is ineffective. It is too easy for people to put forward ill-founded complaints about councillors conduct. Lengthy debates about petty complaints or deliberately harmful accusations can undermine peoples faith in local democracy and put them off standing for public office. Through the Localism Act, the Government has abolished the Standards Board regime. Instead, local authorities will draw up their own codes, and it will become a criminal offence for councillors to deliberately withhold or misrepresent a financial interest. This means that councils will not have to spend time and money investigating trivial complaints, while councillors involved in corruption and misconduct will face appropriately serious sanctions. This provides a more effective safeguard against unacceptable behaviour. 14

15 Standards The new regime Duty to promote and maintain high standards of conduct (s. 27 LA 2011) Requirement of code of conduct (s. 28 LA 2011) Register of interests (s. 29 LA 2011) 15

16 Standards Pecuniary interests What are they ? (s. 30 LA 2011) Duty to disclose (s. 31 LA 2011) Requirement to register Stay or leave room when interest debated? NB – relationship with sensitive interests (s. 32) Dispensation from s. 31 (s. 33 LA 2011) Offences 16

17 Pay Accountability Chapter 8 of Part 1 of LA 2011 Sections 38 to 42 Came into force on 15 th January

18 Pay Accountability Pay policy statements Requirement on LA to prepare pay policy statement every year (s. 38 LA 2011) Sets out – the remuneration of its chief officers, the remuneration of its lowest-paid employees, and the relationship between (i) the remuneration of its chief officers, and (ii) the remuneration of its employees who are not chief officers. 18

19 Pay Accountability Pay policy statements Approval by resolution Amendment of statement Publication of statement (s. 39 LA 2011) DCLG guidance on large salary packages 19

20 Block 3 Contents Planning (Part 6 of LA 2011) Local Government (Part 1, Chapter 6) London (Part 3, Chapters 1 and 3) 20

21 Planning The Duty to Co-operate Neighbourhood planning Abolition of the IPC Changes to the enforcement regime 21

22 Planning Duty to co-operate (s. 110 LA 2011) Duty on LAs authorities and other bodies to co-operate with each other Bodies to be defined in regulations Consider joint planning approaches / joint local development documents Impact on examination of development plan documents 22

23 Planning Neighbourhood Planning (Chapter 3 of Part 6) (s. 116 and Schedules 9,10 and 11) Background – determinations of planning applications and abolition of regional planning tier 23

24 Planning Neighbourhood Planning (Chapter 3 of Part 6) Neighbourhood Development Plans Set out policies re development and use of land in a particular neighbourhood area Significance of Neighbourhood Forum What is a Neighbourhood Forum 24

25 Planning Neighbourhood Planning (Chapter 3 of Part 6) Neighbourhood Development Orders Orders which grant planning permission in relation to a particular neighbourhood area specified in the order – for development specified in the order or for development of any class specified in the order NB – Impact on permitted development rights 25

26 Planning Neighbourhood Planning (Chapter 3 of Part 6) Checks and balances on NDPs and NDOs – Submission Independent examination Referendum Is the referendum the end of the story? 26

27 Planning Neighbourhood Planning (Chapter 3 of Part 6) Schedule 11 – Community Right to Build Orders Power for community organisations to make proposals for specified development in relation to a specified site in the specified neighbourhood area Community organisation is a body corporate – established for the purpose of furthering the social, economic and environmental well-being of individuals living, or wanting to live, in a particular area, and which meets such other conditions in relation to its establishment or constitution as may be prescribed. 27

28 Planning Abolition of the Infrastructure Planning Commission (s. 128 and schedule 13) Background – the old regime The position under the Planning Act 2008 Abolition of IPC on 31 st March 2012 Transfer of functions to new national infrastructure directorate within PINS 28

29 Planning Enforcement (Chapter 5 of Part 6) Section 123 (Retrospective planning permission) LPA may decline to determine a retrospective planning application if an enforcement notice has been issued in relation to any part of the development Effect on retrospective application if enforcement already served – developer cannot appeal against EN on ground that permission ought to be granted for the development. 29

30 Planning Enforcement (Chapter 5 of Part 6) Section 124 (Time limits for enforcing concealed breaches of planning control) Welwyn Hatfield BC v Secretary of State for Communities and Local Government Section 124 permits enforcement action against breach of planning where time limit expired AND breach concealed LPA must apply to court for planning enforcement order Time limit: within 6 months of day LPA knew of breach LPA then has 1 year to enforce 30

31 Planning Enforcement (Chapter 5 of Part 6) Section Powers in relation to: unauthorised advertisements; defacement of premises Note influence of existing London legislation 31

32 Predetermination Section 25 LA 2011 Predetermination = closed mind If a councillor has given a view on an issue, this does not show that the councillor has a closed mind on that issue R v (Island Farm Development Limited) v Bridgend CBC [2006] R (Lewis) v Redcar and Cleveland BC [2008] R (Condron) v National Assembly for Wales [2006] 32

33 London Part 8 of LA 2011 Chapter 1 – Housing and regeneration functions Chapter 3 – Greater London Authority governance 33

34 London Housing and regeneration functions (ss. 186 – 195) Removal of limitations on Greater London Authoritys general power New housing and regeneration functions of the Authority The London housing strategy Abolition of the London Development Agency Mayors economic development strategy for London 34

35 London Greater London Authority Governance (ss. 223 – 231) Delegation of functions by Ministers to the Mayor Authority may be required to carry on commercial activities through a taxable body London Environment Strategy Abolition of duty to prepare state of the environment reports Mayoral strategies: general duties Simplification of the consultation process for the Mayor's strategies London Assembly's power to reject draft strategies 35

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