Local Government Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 15
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
70     Page 11, line 21, at end insert--
 
    ("(  )  If the Secretary of State thinks that an enactment prevents best value authorities from generating income directly related to the exercise of their functions he may, by order, make provision modifying or excluding the application of the enactment in relation to those authorities.")
 
  
BY THE LORD DIXON-SMITH
 
71     Page 11, line 23, after ("power") insert ("or exemption") 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
72     Page 11, line 30, at end insert--
 
    ("(  )  No order under this section may make different provision for different authorities which are in the same category.")
 
  
BY THE BARONESS HAMWEE
THE BARONESS MADDOCK
 
73*     Page 11, line 30, at end insert--
 
    ("(  )  In particular, an order under this section may make provision in relation to the supply of information by any person to energy conservation authorities.")
 
74*     Page 11, line 30, at end insert--
 
    ("(  )  In particular, an order under this section may make provision conferring on the Housing Corporation and Housing for Wales powers to issue guidance about energy efficiency standards in properties managed by registered social landlords.")
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
75*     Page 11, line 30, at end insert--
 
    ("(  )  No order shall be made under this section unless its effect is to extend the powers of best value authorities")
 
  
Clause 16
 
  
BY THE LORD DIXON-SMITH
 
76     Page 11, line 36, after ("such") insert ("best value") 
77     Page 11, line 36, leave out ("or") and insert ("and") 
  
Clause 18
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
78*     Page 12, line 42, at end insert--
 
    ("(  )  The first order under this section shall provide for environmental considerations to cease to be a non-commercial matter.")
 
  
Clause 20
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
79     Page 13, line 11, leave out ("2nd") and insert ("1st") 
  
Clause 22
 
  
BY THE LORD DIXON-SMITH
 
80     Page 14, line 36, leave out subsection (3) 
  
Clause 25
 
  
BY THE LORD DIXON-SMITH
 
81     Page 16, line 18, leave out ("authorities") and insert ("categories of authority") 
82     Page 16, line 19, leave out ("authorities") and insert ("categories of authority") 
  
Clause 26
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
83*     Page 16, line 37, at end insert ("or may by order provide that any of those sections shall not come into force in relation to Wales.") 
  
Clause 29
 
  
BY THE LORD DIXON-SMITH
 
84     Page 17, line 23, at end insert ("until 1st April 2005") 
  
After Clause 29
 
  
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER
 
85     Insert the following new Clause-- 
     ("  .  Section 29 and Schedule 1 shall cease to have effect on 31st March 2005.")Repeal of
section 29 and
Schedule 1.
  
Schedule 1
 
  
BY THE LORD DIXON-SMITH
 
86     Page 20, line 20, at end insert--
 
    ("(  )  An authority shall not be eligible for designation or nomination unless its proposed expenditure per head of population falls within the upper quartile of per capita expenditure for that class of authority and its rate of increase in expenditure is also within the upper quartile rate of increase for that class of authority.")
 
87     Page 20, line 22, leave out ("a set of principles") and insert ("such additional principles as may be") 
88     Page 20, line 22, at end insert ("after consultation with best value authorities") 
89     Page 20, line 22, at end insert ("and published by him six months before the commencement of the financial year in which the principles are to apply") 
90     Page 20, line 22, at end insert ("after consultation with best value authorities, and these principles must be published 6 months before the start of the financial year in which they are to apply") 
91     Page 21, line 2, at end insert ("after consultation with best value authorities") 
92     Page 21, line 34, at end insert ("provided that the principles for designation or nomination are the same for authorities in the same category of authority") 
  
BY THE LORD WHITTY
 
93*     Page 22, line 51, leave out ("section 70") and insert ("sections 70 and 71") 
94*     Page 24, line 24, leave out ("70 to 75 of") and insert ("70, 71 and 73 to 75 of and Schedule 6 to") 
95     Page 24, line 47, after ("Act") insert ("or for item P2") 
96     Page 24, line 49, leave out from beginning to end of line 5 on page 25 and insert--
 
    ("(7)  For the purposes of subsection (5) above the authority may treat any amount determined in the previous calculations for item P in section 44(1) above as increased by the amount of any sum which--
    (a)  it estimates will be payable to it for the year in respect of additional grant, and
    (b)  was not taken into account by it in making those calculations.
    (7A)  For the purposes of subsection (6) above the authority may treat any amount determined in the previous calculations--
    (a)  for item P1 in section 73(2) of the Greater London Authority Act 1999, or
    (b)  for item P2 in section 74(4) of that Act,
as increased by the relevant portion of any new additional grant.
 
    (7B)  For the purposes of subsection (7A) above, "the relevant portion of any new additional grant" means the amount of any additional grant payable to the authority for the year which was not taken into account by the authority in making the previous calculations, but--
    (a)  in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part, and
    (b)  in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part;
and "special item" has the same meaning in this subsection as in sections 73 and 74 of the Greater London Authority Act 1999 (see section 74(2) of that Act).
 
    (7C)  In subsection (7B) above, "prescribed" means specified in, or determined in accordance with, either--
    (a)  the report under section 85 of the Local Government Finance Act 1988 relating to the amount of additional grant in question, or
    (b)  regulations made by the Secretary of State under section 73(3)(b) of the Greater London Authority Act 1999 (in relation to item P1) or under section 74(5)(b) of that Act (in relation to item P2),
as the Secretary of State may determine for the purposes of paragraph (a) or (b) of subsection (7B) and any particular financial year or years.")
 
97*     Page 29, line 29, leave out ("section 70") and insert ("sections 70 and 71") 
98*     Page 30, leave out lines 37 to 39 and insert--
 
    ("(3)  If it--
    (a)  has made calculations in relation to the year in accordance with sections 32 to 36 above, or
    (b)  has made substitute calculations in relation to the year in accordance with section 37 above,
it shall make substitute calculations in relation to the year in accordance with sections 32 to 36 above, ignoring section 32(10) above for this purpose.")
 
99*     Page 31, leave out lines 17 to 21 and insert--
 
    ("(3)  Where the authority is the Greater London Authority and--
    (a)  it has made calculations in relation to the year in accordance with sections 70 to 75 of the Greater London Authority Act 1999 and sections 47 and 48 above, or
    (b)  it has made substitute calculations in relation to the year in accordance with sections 70, 71 and 73 to 75 of and Schedule 6 to the Greater London Authority Act 1999 and sections 47 and 48 above,
it shall make substitute calculations in relation to the year in accordance with the provisions mentioned in paragraph (b) above.
 
    (3A)  Where the authority is not the Greater London Authority and it has made--
    (a)  calculations in accordance with sections 43 to 48 above, or
    (b)  substitute calculations in accordance with section 49 above,
in relation to the year, it shall make substitute calculations in relation to the year in accordance with sections 43 to 48.")
 
100*     Page 31, line 22, after ("calculations") insert ("required by subsection (3) or (3A)") 
101     Page 31, line 42, after ("Act") insert ("or for item P2") 
102     Page 31, line 44, leave out from beginning to end of line 1 on page 32 and insert--
 
    ("(9)  For the purposes of subsection (7) above the authority may treat any amount determined in the previous calculations for item P in section 44(1) above as increased by the amount of any sum which--
    (a)  it estimates will be payable to it for the year in respect of additional grant, and
    (b)  was not taken into account by it in making those calculations.
    (9A)  For the purposes of subsection (8) above the authority may treat any amount determined in the previous calculations--
    (a)  for item P1 in section 73(2) of the Greater London Authority Act 1999, or
    (b)  for item P2 in section 74(4) of that Act,
as increased by the relevant portion of any new additional grant.
 
    (9B)  For the purposes of subsection (9A) above, "the relevant portion of any new additional grant" means the amount of any additional grant payable to the authority for the year which was not taken into account by the authority in making the previous calculations, but--
    (a)  in the case of item P1, reduced, as may be prescribed, by such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part, and
    (b)  in the case of item P2, restricted, as may be prescribed, to such sum as the Secretary of State considers represents the portion of the amount which relates to defraying the special item in whole or in part;
and "special item" has the same meaning in this subsection as in sections 73 and 74 of the Greater London Authority Act 1999 (see section 74(2) of that Act).
 
    (9C)  In subsection (9B) above, "prescribed" means specified in, or determined in accordance with, either--
    (a)  the report under section 85 of the Local Government Finance Act 1988 relating to the amount of additional grant in question, or
    (b)  regulations made by the Secretary of State under section 73(3)(b) of the Greater London Authority Act 1999 (in relation to item P1) or under section 74(5)(b) of that Act (in relation to item P2),
as the Secretary of State may determine for the purposes of paragraph (a) or (b) of subsection (9B) and any particular financial year or years.")
 
  
Clause 30
 
  
BY THE LORD DIXON-SMITH
 
103*     Page 17, line 24, after ("applies") insert ("for the purpose of limiting the liabilities of billing authorities (including liability resulting from the limitation of council tax benefit subsidy)") 
104     Page 17, line 26, at end insert--
 
    ("(  )  No budget shall be judged excessive unless the amount calculated exceeds the authority's SSA and the authority's expenditure per head is in the upper quartile for that class of authority.")
 
105     Page 17, line 28, leave out ("criteria") and insert ("such additional criteria as may be") 
106     Page 17, line 28, at end insert ("after consultation with representatives of best value authorities.") 
107     Page 17, line 28, at end insert ("six months before the commencement of the financial year in which the criteria are to apply") 
108     Page 17, line 37, leave out ("authorities or") 
109     Page 17, line 40, at end insert ("but shall be consistent with section 1 of this Act.") 
110     Page 17, line 41, after ("State") insert (", after consultation with best value authorities,") 
  
BY THE LORD WHITTY
 
111     Page 18, line 31, leave out ("60(8)") and insert ("70(8)") 
  
BY THE LORD DIXON-SMITH
 
112     Page 18, line 35, leave out subsection (11) 
  
 
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