Local Democracy, Economic Development and Construction Act 2009

Part 1 — Democracy and involvement

Chapter 1 — Duties relating to promotion of democracy

Duties of principal local authorities

Democratic arrangements of principal local authorities

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Democratic arrangements of connected authorities

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring boards, courts boards and youth offending teams

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lay justices

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Provision of information

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Isles of Scilly

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

Orders

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2 — Petitions to local authorities

Electronic petitions

Electronic petitions

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Petition schemes

Petition schemes

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Petitions to which a scheme must apply

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to acknowledge

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to take steps

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to debate

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to call officer to account

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of steps

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary scheme provision

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Powers of appropriate national authority

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Handling of petitions by other bodies

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

Orders

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 3 — Involvement in functions of public authorities

Duty of public authorities to secure involvement

23

• (1) Where an authority to which this section applies considers it appropriate for representatives of interested persons (or of interested persons of a particular description) to be involved in the exercise of any of its relevant functions by being—

• (a) provided with information about the exercise of the function,

• (b) consulted about the exercise of the function, or

• (c) involved in another way,

it must take such steps as it considers appropriate to secure that such representatives are involved in the exercise of the function in that way.

• (2) This section applies to the following authorities—

• (a) the Arts Council of England;

• (b) the English Sports Council;

• (c) the Environment Agency;

• (d) the Health and Safety Executive;

• (da) the Office for Nuclear Regulation;

• (e) the Historic Buildings and Monuments Commission for England;

• (f) the Homes and Communities Agency;

• (g) the Museums, Libraries and Archives Council;

• (h) Natural England;

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) the Common Council of the City of London in its capacity as a police authority;

• (k) a chief officer of police for a police force in England;

• (l) a local probation board for an area in England or a probation trust (other than a Welsh probation trust as defined by paragraph 13(6) of Schedule 1 to the Offender Management Act 2007 (c. 21));

• (m) a youth offending team for an area in England;

• (n) the Secretary of State.

• (3) In this section, “relevant functions” means—

• (a) in relation to an authority specified in subsection (2)(a) to (m), all the functions of the authority except in so far as those functions are not exercisable in or in relation to England;

• (b) in relation to the Secretary of State, the Secretary of State's functions under—

• (i) section 2 of the Employment and Training Act 1973 (c. 50) (arrangements with respect to obtaining etc employment or employees), and

• (ii) sections 2 and 3 of the Offender Management Act 2007 (c. 21) (responsibility for ensuring the provision of probation services throughout England and Wales),

except in so far as those functions are not exercisable in relation to England.

• (4) Subsection (1) does not require an authority to take a step—

• (a) if the authority does not have the power to take the step apart from this section, or

• (b) if the step would be incompatible with any duty imposed on the authority apart from this section.

• (5) Subsection (1) does not apply in such cases as the Secretary of State may by order made by statutory instrument specify.

• (6) A statutory instrument containing an order under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) In this section—

• “interested person”, in relation to a relevant function, means a person who is likely to be affected by, or otherwise interested in, the exercise of the function;

• “representative” means, in relation to interested persons or a description of interested person, a person who appears to an authority to which this section applies to be representative of the interested persons;

• ...

• (8) The Secretary of State's functions under this section by virtue of subsection (3)(b)(ii) are functions to which section 2(1)(c) of the Offender Management Act 2007 (c. 21) (functions to be performed through arrangements under section 3 of that Act) applies.

Duty of public authorities to secure involvement: guidance

24

• (1) The Secretary of State may give guidance to authorities to which section 23 applies (other than the Secretary of State) in relation to the discharge of their duties under that section.

• (2) Guidance under this section—

• (a) may be given generally or to one or more particular authorities;

• (b) may be different for different authorities;

• (c) must be published.

• (3) Before giving guidance under this section the Secretary of State must consult the authority or authorities to which it is given.

• (4) An authority to which section 23 applies must, in deciding how to fulfil its duties under that section, have regard to any guidance given to it under this section.

Chapter 4 — Housing

Establishment and assistance of bodies representing tenants etc

25

• (1) The Secretary of State may—

• (a) establish a body with the functions specified in subsections (2) to (5);

• (b) give financial or other assistance to any person for the purpose of establishing a body with those functions;

• (c) give financial or other assistance to any body appearing to the Secretary of State to have those functions for the purpose of the carrying out by the body of any or all of those functions.

• (2) The function in this subsection is that of representing, or facilitating the representation of, the views and interests of—

• (a) tenants of social housing in England, or

• (b) tenants of social housing and other residential property in England.

• (3) The function in this subsection is that of conducting or commissioning research into issues affecting—

• (a) tenants of social housing in England, or

• (b) tenants of social housing and other residential property in England.

• (4) The function in this subsection is that of promoting the representation by other bodies of—

• (a) tenants of social housing in England or any part of England, or

• (b) tenants of social housing and other residential property in England or any part of England.

• (5) It is immaterial for the purposes of subsection (1)(a) to (c) that a body may also have other functions.

• (6) Assistance under this section may be given in such form (including financial assistance by way of grant, loan or guarantee) as the Secretary of State considers appropriate.

• (7) Assistance under this section may be given on such terms as the Secretary of State considers appropriate.

• (8) The terms on which assistance under this section may be given include, in particular, provision as to the circumstances in which it must be repaid or otherwise made good to the Secretary of State and the manner in which that must be done.

• (9) A person or body to whom assistance is given under this section must comply with any terms on which it is given.

• (10) In this section—

• “social housing” has the meaning given by section 68 of the Housing and Regeneration Act 2008 (c. 17);

• “tenant”, in relation to social housing, has the meaning given by section 275 of that Act.

Consultation of bodies representing tenants etc

26

• (1) The Housing and Regeneration Act 2008 (c. 17) is amended as follows.

• (2) After section 278 insert—

(278A) (1) The Secretary of State may for the purposes of the following provisions of this Part nominate a body appearing to the Secretary of State to represent the interests of tenants of social housing in England— (a) section 112(4); (b) section 174(5); (c) section 196(1); (d) section 197(4); (e) section 216. (2) The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) under this section.

• (3) In each of sections 112(4) (consultation about criteria for registration of providers of social housing) and 174(5) (consultation about disposal of dwellings by registered providers of social housing)—

• (a) after paragraph (b) (and before the “and” following that paragraph) insert—

(ba) any body for the time being nominated under section 278A,

;

• (b) in paragraph (c), after “one or more” insert “ other ”.

• (4) In section 196(1) (consultation about standards etc for registered providers of social housing)—

• (a) after paragraph (b) insert—

(ba) any body for the time being nominated under section 278A,

;

• (b) in paragraph (c), after “one or more” insert “ other ”.

• (5) In section 197(4) (consultation about directions relating to standards)—

• (a) after paragraph (d) insert—

(da) any body for the time being nominated under section 278A,

;

• (b) in paragraph (e), after “one or more” insert “ other ”.

• (6) In section 216 (consultation about guidance to registered providers of social housing)—

• (a) after paragraph (a) insert—

(aa) any body for the time being nominated under section 278A,

;

• (b) in paragraph (b), after “one or more” insert “ other ”.

Chapter 5 — Local freedoms and honorary titles

Local freedoms

27

• (1) The Local Government Act 1972 (c. 70) is amended as follows.

• (2) In section 248 (freemen and inhabitants of existing boroughs), after subsection (1) insert—

(1A) Where the son of a freeman of a city or town may claim to be admitted as a freeman of that place, the daughter of a freeman may likewise claim to be so admitted. (1B) The son or daughter of a freeman of a city or town shall be admitted as a freeman whether born before or after the admission, as a freeman, of his or her freeman parent and wherever he or she was born. (1C) In subsections (1A) and (1B) “freeman” excludes a freeman of the City of London.

Power to amend law relating to local freedoms

28

• (1) The Local Government Act 1972 (c. 70) is amended as follows.

• (2) In section 248 (freemen and inhabitants of existing boroughs), after subsection (1C) insert—

(1D) Schedule 28A (amendment of laws relating to freedom of city or town) shall have effect.

• (3) Before Schedule 29 insert—