Localism Bill

195ZAB: Clause 31, page 30, line 5, leave out ““an EU financial sanction”” and insert ““a final”” 195ZAC: Clause 31, page 30, line 8, leave out ““local or”” 195ZAD: Clause 31, page 30, line 9, at end insert— ““(8) In this Part— (a) ““EU financial sanction”” means a sanction consisting of a lump sum or penalty payment (or both) imposed by the Court of Justice in Article 260(2) proceedings for an infraction of EU law; (b) ““infraction of EU law””, in relation to an EU financial sanction, means the failure to comply with a judgment of the Court of Justice given in proceedings under Article 258 or 259 of the Treaty on the Functioning of the European Union; and (c) ““Article 260(2) proceedings”” means proceedings under Article 260(2) of that Treaty.”” Amendments 195ZAB to 195ZAD agreed. Amendments 195ZAE to 195ZAG 195ZAE: After Clause 31, insert the following new Clause— ““Duty of the Secretary of State to issue a policy statement (1) The Secretary of State must publish a statement of policy with respect to— (a) the designation of public authorities under section (Designation of public authorities); (b) the imposition and variation of requirements to make payments under this Part; and (c) such other matters relating to the operation of the provisions of this Part as the Secretary of State may think appropriate to include in the statement. (2) The Secretary of State may from time to time revise and republish the statement of policy required by this section. (3) A revised statement of policy may include saving or transitional provisions relating to the continued application for any purpose of any provisions of an earlier published version of the statement. (4) The Secretary of State must consult such persons as the Secretary of State considers appropriate before publishing, or revising and republishing, the statement of policy required by this section. (5) In exercising functions under this Part in relation to an EU financial sanction which has been or may be imposed on the United Kingdom— (a) a Minister of the Crown, and (b) a panel established under section (Establishment of independent panel), must have regard to the statement of policy most recently published under this section.”” 195ZAF: After Clause 31, insert the following new Clause— ““The EU financial sanctions to which Part 2 applies (1) This Part applies to any EU financial sanction imposed on the United Kingdom after the commencement of this Part, subject to subsection (2). (2) If a Minister of the Crown gives a certificate— (a) specifying a part of an EU financial sanction, and (b) stating that this Part is not to apply to that part of the sanction, this Part applies to that EU financial sanction as if it did not include that part. (3) A certificate under subsection (2)— (a) may make specific provision about the application of this Part to any of the following— (i) the lump sum (if any) paid by the United Kingdom; (ii) any periodic payment due from the United Kingdom under the terms of the EU financial sanction before the certificate is given; and (iii) any subsequent periodic payment that may fall due from the United Kingdom under those terms; and (b) must be given in such form and published in such manner as the Minister of the Crown giving it thinks fit. (4) Any provision under subsection (3)(a)(iii) that is made in a certificate under subsection (2) may be varied (including in relation to its effect in relation to any periodic payment that has become due from the United Kingdom since the earlier certificate) by a further certificate under subsection (2).”” 195ZAG: After Clause 31, insert the following new Clause— ““Meaning of ““public authority”” and related terms (1) This section defines various terms used in this Part. (2) ““Public authority”” means— (a) a local authority to which subsection (3) applies; or (b) any other person or body which has any non-devolved functions. (3) This subsection applies to— (a) any of the following in England— (i) a county council, district council or London borough council; (ii) the Common Council of the City of London (in its capacity as a local authority); (iii) the Greater London Authority; and (iv) the Council of the Isles of Scilly; (b) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; (c) a district council within the meaning of the Local Government Act (Northern Ireland) 1972; (d) a council of a county or county borough in Wales. (4) References to functions are to functions of a public nature. (5) References to non-devolved functions are to functions which are not devolved functions. (6) References to devolved functions are to— (a) Scottish devolved functions, that is to say functions the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998); (b) Northern Ireland devolved functions, that is to say functions which could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998); or (c) Welsh devolved functions, that is to say functions which are exercisable in relation to Wales and could be conferred by provision falling within the legislative competence of the National Assembly for Wales as defined in section 108 of the Government of Wales Act 2006. (7) References to a public authority with mixed functions are to a public authority which has both non-devolved and devolved functions. (8) The ““appropriate national authority””, in relation to a public authority with mixed functions, means the following national authority or authorities (according to whichever one or more of the following paragraphs apply to that public authority)— (a) the Scottish Ministers, if the public authority has any Scottish devolved functions; (b) the relevant Northern Ireland department, if the public authority has any Northern Ireland devolved functions; and (c) the Welsh Ministers, if the public authority has any Welsh devolved functions.”” Amendments 195ZAE to 195ZAG agreed. Amendment 195ZAH Moved by