Agenda item

-        Strategic Director of Resources to report.

Councillor Whelbourn, Chairman of the Overview and Scrutiny Management Board, presented an overview of the final provisions of the Localism Act 2011 which had received Royal Assent on 15^th November, 2011, together with an initial assessment of issues for consideration by the Council and policy areas that the Council would either need to, or may wish to, review as a result.

The report also set out the proposed courses of action for the Council in moving forward towards commencement of the provisions of the Act and implementation in Rotherham.  Detailed reports for Cabinet Members would be prepared in the relevant Directorates to take forward implementation of the Act.

The main amendments included:-

-        Extension of the general power of competence to Integrated Transport Authorities, Passenger Transport Executives, Economic Prosperity Boards and Combined Authorities

-        Inclusion of provisions for the transfer of functions from other public bodies to local authorities

-        Changes to existing provisions for changing local authority election arrangements

-        Changes to the Bill’s original proposals to now require every local authority, including Parish Councils, to adopt a Code of Conduct and to have arrangements for enforcement

-        Changes to provision for pay policy statements including the lowest paid employees

-        Expansion of the provisions relating to imposing EU sanctions

-        Provision for petitions for the calling of local referendums had been withdrawn

-        More details included on processes for the Community Right to Challenge and Assets of Community Value

-        Further details on arrangements for an use of Community Infrastructure Levy

-        Various amendments to development control provisions including devolved decision and enforcement

-        Several technical amendments relating to housing tenancies including amendments to other Acts of Parliament

Most of the provisions of the Act would come into force on a date to be decided by the Secretary of State, however, it was expected that most provisions would be in force by June, 2012.

Whilst the Act set out detail of many of the provisions, there were still a significant number of provisions for the Secretary of State to determine the detail and make changes to the detail by Orders and Regulations.  This provided a degree of uncertainty until such Orders and Regulations were published.

The programme of reporting would mitigate any risks arising from the uncertainties by ensuring that full detailed reports were made in a timely manner providing for informed decision in good time.

Resolved:-   (1) That the overview of the Act and issues identified be noted and the ongoing work of the Overview and Scrutiny Management Board in assessing and making recommendations on the Legislation be welcomed.

(2)  That Members be encouraged to participate in the seminars detailed in the “addressing the Act in Rotherham” section of the report, recognising the important role of Members as leaders in the community, taking forward a proactive drive to the change agenda for the benefit of Rotherham.

(3)  That the proposed course of action towards implementation include specific detailed reports to Cabinet Members together with work with Parish Councils and the voluntary and community sector.

(4)  That a report be submitted to the Cabinet on the options for a Standards Committee and a Code of Conduct.