Sustainable Communities Act 2007
Sustainable Communities Act 2007
2007 Chapter 23
An Act to make provision about promoting the sustainability of local communities; and for connected purposes.
[23rd October 2007]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Sustainability of local communities
(1) The principal aim of this Act is to promote the sustainability of local communities.
(2) In this Act references to promoting the sustainability of local communities, in relation to a local authority, are references to encouraging the improvement of the economic, social or environmental well-being of the authority's area, or part of its area.
(3) In this section "social well-being" includes participation in civic and political activity.
(4) It shall be the duty of the Secretary of State to assist local authorities in promoting the sustainability of local communities in the ways specified in this Act.
2 Proposals by local authorities
(1) The Secretary of State must invite local authorities to make proposals which they consider would contribute to promoting the sustainability of local communities.
(2) Without prejudice to the generality of subsection (1), a proposal may include a request for a transfer of functions from one person to another.
(3) A local authority may not include a request under subsection (2) unless it has consulted—
(a) the person whose functions it relates to, and
(b) the person to whom the local authority considers the functions should be transferred.
(4) A local authority must have regard to the matters specified in the Schedule before making a proposal.
(5) The Secretary of State must issue the first invitation under this section within the period of one year beginning with the day on which this Act is passed.
3 Decision on short-list
(1) Before inviting proposals under section 2, the Secretary of State must appoint a person (the "selector") to consider the proposals and, in co-operation with the Secretary of State, draw up a short-list of proposals in accordance with regulations under section 5.
(2) The selector must be a person who represents the interests of local authorities.
(3) On receiving the short-list from the selector, the Secretary of State must decide which of the proposals on the short-list should be implemented.
(4) Before making a decision under subsection (3) the Secretary of State must consult the selector and try to reach agreement.
4 Action plans
(1) The Secretary of State must publish—
(a) the decision under section 3(3) and the reasons for it, and
(b) with the decision, a statement of the action the Secretary of State proposes to take with a view to the implementation of any proposal.
(2) A statement published under subsection (1)(b) is referred to in this section as an action plan.
(3) The Secretary of State must publish and lay before Parliament a report, describing the progress which has been made in relation to any action plan, within the period of one year following the publication of the action plan and at intervals of not more than one year thereafter.
(4) Subsection (3) does not apply in relation to an action plan if the action plan has been implemented.
5 Proposals: regulations
(1) The Secretary of State must make regulations about the procedure to be followed in relation to proposals under section 2.
(2) Before making regulations the Secretary of State must consult—
(a) the selector, and
(b) such other persons who represent the interests of local authorities as the Secretary of State thinks fit.
(3) Regulations may, in particular—
(a) specify, or authorise the selector to specify, steps to be taken by a local authority before making proposals;
(b) specify steps to be taken by the selector in considering the proposals and drawing up a short-list;
(c) require the selector to prepare, and give to the Secretary of State, a report on the proposals.
(4) Regulations must—
(a) require a local authority, before making any proposal under section 2, to establish or recognise a panel of representatives of local persons and consult it about the proposal;
(b) require a local authority to try to reach agreement about proposals with the panel or other persons consulted under paragraph (a); and
(c) require a local authority to have regard to any guidance issued under subsection (5).
(5) The Secretary of State must issue guidance to local authorities about making proposals, which—
(a) must include guidance about the inclusion among representatives of local persons (for the purposes of subsection (4)(a)) of persons from under-represented groups, and
(b) may include other guidance about establishing and consulting a panel of representatives of local persons.
(6) Before issuing or revising guidance under subsection (5) the Secretary of State must consult—
(a) local authorities, or
(b) persons who represent the interests of local authorities.
(7) For the purposes of subsection (2) or (6) any consultation undertaken before the day on which this Act is passed is as effective as it would have been if undertaken after that day.
(8) In this section—
"local person" means, in relation to a proposal by a local authority under section 2, a person who is likely to be affected by, or interested in, the...
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