Local Democracy, Economic Development and Construction Bill [HL]

Amendment 166 166: After Clause 79, insert the following new Clause— ““Delegation by regional development agencies After section 6A of the Regional Development Agencies Act 1998 (c. 45) (delegation of functions to the Mayor of London and the London Development Agency) insert— ““6B Delegation of functions by regional development agencies (1) Subject to the provisions of this section, a regional development agency shall have power to arrange for the discharge of any of their functions by a local authority within their area, or jointly by a group of local authorities within that area. (2) For the purposes of this section, a ““function”” shall include any part of a function, or any function or part of a function which is exercisable only in relation to part of the area of a local authority. (3) For the purposes specified in section 4(1) of this Act, the functions to which subsection (1) refers include, but are not limited to, the responsibilities of a regional development agency for— (a) the determination of the allocation of funding to other persons or bodies, whether by grant, loan or other means, within a local or sub-regional area; (b) the making of expenditure under an expenditure programme in relation to a local or sub-regional area; (c) the prioritisation and delivery of investments at local or sub-regional level; (d) the management of an expenditure programme forming part of the single programme budget of the agency, in relation to a local or sub-regional area, in accordance with any overall strategy determined by the agency. (4) The power to make a delegation under subsection (1) includes, but is not limited to, power to make such a delegation to a local authority or authorities in accordance with one or more of the following expenditure models (or with a variant of such a model, or a combination of such models)— (a) the allocation of funds to a partnership, of which the agency is a member, and delegation of the power by agreement to make, and implement, decisions on behalf of the partnership as to the expenditure of those funds, or their allocation to a third party; (b) the allocation of funds, and delegation of the power to make and implement decisions as to their expenditure, to one or more local authorities, or to a partnership of one of more such authorities with one or more other persons or bodies, in accordance with a service level agreement or contract made by the agency with the authority or authorities, or partnership, as the case may be; (c) the transfer to one or more local authorities, or to a partnership of one or more such authorities with one or more other persons or bodies, of funds for the purpose of implementing a programme of investment agreed with the agency; and the delegation of the power to make expenditure of those funds, and to vire the funds between different elements of the programme in order to secure the most efficient use of resources; (d) the transfer to one or more local authorities, or to a partnership of one or more such authorities with one or more other persons of bodies, of funds for the purpose of implementing a programme of investment agreed with the agency; and the delegation of the power to make expenditure of those funds, and to manage the programme by altering the phasing of any development to which it relates in order to secure the most efficient use of resources. (5) A regional development agency shall, within three months of the coming into force of this section and thereafter at such intervals as the Secretary of State may determine, propose such delegations under this section as it considers appropriate, having regard to its view of the capacity of any local authority in its area to discharge any function concerned, and the desirability of maximising the delegation of functions of the types referred to in subsection (3) to local authorities. (6) Whether or not a regional development agency has made proposals under subsection (5), the Secretary of State shall have power to direct an agency to make such delegations as he may determine, after taking into account any representations made to him by any local authority in the area concerned, or by the agency. (7) Two or more local authorities to which any function has been delegated under this section may arrange for it to be discharged by them jointly. (8) A local authority to which a function has been delegated under this section may arrange for it to be discharged by a committee or sub-committee, or by an officer of the authority. (9) Any enactment relating to a function which has been delegated under this section, or to the authority or authorities by whom, or to any area in respect of which, it is to be discharged, shall have effect subject to all necessary modifications in its application in relation to that function and to the authority or authorities by whom, or to any area in respect of which, it is to be discharged. (10) References in this section to the discharge of any of the functions of a regional development agency include references to the doing of anything which is expedient for the purposes specified in section 4(1) of this Act, or for purposes incidental thereto.””””