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Localism Bill

March 21, 2011

The Localism Bill is central to the Coalition Government’s “Big Society”, i.e. the plans to decentralise and disperse power so that the local people can obtain funding to deliver what they want for their community. But the question is: how does the Government intend to shift power from Central government to local communities?

The Bill facilitates the following six essential actions of decentralisation in order to “return” power to local communities, enabling local communities to preserve their public assets and plan the future of the local area. These are set out in the Government’s essential guide (click here) and comprise:

1. “Lift the burden of bureaucracy”;

The Bill aims to enable decisions to be taken at a local level, thus allowing councils to devise their own regimes and allow councillors to act on local issues. This will result in decisions on matters such as large and small scale developments, planning, housing and infrastructure in a local area being made by the Local Community and Local Government rather than the Central Government through regional strategies.

2. “Empowering communities to do things their way”;

The Bill intends to give local authorities a General Power of Competence to act freely providing their actions are not illegal. Communities will be given the right to buy local assets and local people will have new rights to shape the development of their community.

3. “Increase local control of public finance”

Local communities can require the local authority to hold a referendum on excessive council tax increases and therefore have the power to veto an increase. The local authority will also have the power to grant a discount in business rates, so as to address local concerns.

4. “Diversify the supply of public services”

The Bill proposes that communities have a “right to challenge” which will in turn enable them to express an interest to run local authority services and give the right to community groups to bid for services of value to them.

5. “Open up government to public scrutiny”

A local authority will have to produce an annual statement setting out their policy on remuneration of their chief officers, thereby promoting transparency.

6. “Strengthen accountability to local people”

Local people will be entitled to hold local referendums on any local issue.

Further information can be found here.

If you require assistance on commercial property matters, please contact Nicola Muir, Solicitor at Spratt Endicott Solicitors on 01295 204000 or email her at nmuir@se-law.co.uk.

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