Nigel Adams, head of democratic services, says: «We understand that there are people, including some eminent legal people, who are not convinced that this part
of the Localism Act does what Eric Pickles says it will do.»
Communities Secretary Eric Pickles has speeded along implementation
of the Localism Act to ensure that councils in England are allowed to say prayers at the start of their meetings.
«The new guidance builds on existing transparency measures introduced as part
of the Localism Act and is part of the new arrangements for local authority standards that replaced the bureaucratic and controversial Standards Board regime, abolished in 2012, which ministers believe had become a vehicle for malicious, petty and politically motivated complaints.»
«Not only is he over-riding the courts but also the will of Parliament that never considered prayers during the drafting
of the Localism Act - and which makes no mention of prayers - to be used in this way.»
This is one of very few judgments on the meaning of ss 27 and 28
of the Localism Act 2011 («LA 2011») relating to standards, and provides helpful guidance for local authorities on the scope of their powers to investigate allegations of Councillor misconduct.
The decision contains observations about the relevance of a closed pub's recent trading history, and its current planning status, when assessing its future prospects for the purpose of section 88 (2)(b)
of the Localism Act 2011.
The implementation
of the Localism Act...
The Judge ruled that the Council had the power to investigate the allegations under s. 28
of the Localism Act 2011 and other provisions, and dismissed claims that the Council's process was vitiated by actual or apparent bias because of comments made by an external investigator.
Not exact matches
The
Localism Act requires local authorities to maintain a list
of assets
of community value which have been nominated by the local community.
A number
of other senior lawyers have also expressed doubt whether the
Localism Act does, as Mr Pickles claims, make the inclusion
of prayers in local authority meetings lawful.
There is no mention
of prayers in the
Localism Act, nor in any
of the debates which gave rise to it.
Shortly after the ruling he fast - tracked the
Localism Act's «general power
of competence» which he claimed gave principal councils the power back to include
acts of worship as part
of their official meetings.
Eric Pickles has written to councils to confirm that the general power
of competence in the
Localism Act includes the legal right to say prayers at the start
of their meetings.
Taken together with the important changes introduced in the
Localism Act, this amounts to a fundamental reform
of the planning system.
The
Localism Act was passed in 2011 by the Coalition Government, allowing communities to designate Assets
of Community Value in order to protect their status.
In 2012, it became one
of the first authorities in the UK to return to a Committee System, abolishing the single party Cabinet, as allowed under the
Localism Act [11]
We are achieving it through decentralisation — as in the
Localism Act, whose provisions enabling local communities to take over the running
of local services and decide their neighbourhood plan come into effect in the next few weeks.
Much
of this stems from planning changes made by the last Administration, which is why we introduced the National Planning Policy Framework and abolished the last Government's top - down Regional Strategies through the
Localism Act.
«Mr Pickles has unilaterally declared that the
Localism Act restores the right
of councils to pray during formal business.
Keith Porteous Wood, executive director
of the National Secular Society said the Coalition Government's
Localism Act 2011 had not been tested in any court, arguing Mr Pickles could not «simply walk in and give it any meaning that suits his purpose».
This is both because
of the virtues
of localism and civil society and because the federal government is by no means always on the side
of the angels when it comes to fairness — remember the Fugitive Slave
Act, Dred Scott, Plessy, the WWII - era internment
of Americans
of Japanese descent, race - based redlining.
In keeping with the Government's promise to those entities doing business at UK ports the
Localism Bill which had its first reading in the House
of Commons on the 13 December 2010 includes an amendment to Section 49
of the Local Government Finance
Act 1988 giving the Secretary
of State powers to make regulations to grant relief from the payment
of business rates for premises in prescribed cases.