Levelling-up and Regeneration Bill

Debate between Lord Hunt of Kings Heath and Baroness Stuart of Edgbaston

Committee stage
Wednesday 22nd March 2023 Lords Chamber

[Baroness Stuart of Edgbaston (CB)]

My Lords, this amendment adds a new clause after Clause 77 and amends Section 67 of the Local Democracy, Economic Development and Construction Act 2009. It deals with constitutional arrangements of statutory bodies consequential on electoral changes. In essence, it provides for an order to be made to alter the constitutional arrangements of a statutory body if required as a consequence of an electoral change, and the order can be made under the Local Democracy, Economic Development and Construction Act 2009. The important thing is that the statutory body itself would be able to make such an order.

I will briefly give some illustrative explanation as to why this is required. The amendment deals with an old constitutional anomaly that can arise when boundaries are redrawn following Electoral Commission reports. One such example is the case of local ward boundary changes for Malvern Hills District Council and the consequential impact on the Malvern Hills Trust, which has elected conservators and is charged with protecting and managing the Malvern Hills and the surrounding commons. The Boundary Commission has changed the Malvern Hills District Council ward boundaries. As a result we will have two wards, with some residents who can vote for conservators and pay the levy while others cannot. This is not an ideal situation, and will probably be subject to judicial review and legal challenge for the returning officer as a consequence. This amendment would allow for the changes to be brought about by the Malvern Hills Trust, and it would bring its boundaries in line with the district lines.

In moving this amendment, I declare an interest: I am a resident of Malvern Hills District Council, and my late father-in-law was a Malvern Hills conservator.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I support the noble Baroness. The Malvern Hills are of course an outstanding place of beauty in the West Midlands, and it is important that the trust is allowed to do its job as effectively as possible. This is yet another example of the way in which the Boundary Commission has been forced do its work, because of the constraints put upon it, where it goes across natural boundaries. In the case that the noble Baroness raised, the management of the Malvern Hills Trust is vital. It is also clearly important that residents have confidence in the arrangements of the trust and in the fairness of any levies they may have to pay. I hope that the Minister may be prepared to take a look at this and possibly come back on Report with a sympathetic response.