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Local Government Bill
Schedule 6 — Minor and consequential amendments

    104

 

                           “(4A)                  Sub-paragraph (4) above does not apply to a calculation made by

the National Assembly for Wales for a financial year beginning in

or after 2004.

                           (4B)                  A calculation made by the Assembly under this paragraph for a

financial year beginning in or after 2004 is invalid unless one or

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both of the following conditions is fulfulled—

                      (a)                     it is made after the Assembly has published the local

government finance report for the year or, where the

Assembly is publishing two local government finance

reports for the year, it is made after the Assembly has

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published both of those reports;

                      (b)                     it is made on or after 1 March in the preceding financial

year.”

          (4)      In paragraph 9 (special authority’s non-domestic rating multiplier), in sub-

paragraph (4), in the definition of A, after “year” there is inserted “so far as

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relating to England”.

          (5)      In paragraph 10 (substituted multiplier), for sub-paragraph (1) there is

substituted—

                           “(1)                  Where a special authority has set multipliers for a financial year

(whether originally or by way of substitute) it may set multipliers

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in substitution if, and only if, they have been quashed.”

          (6)      In paragraphs 10(2) and 11(1), after “9” there is inserted “or 9A”.

  26      (1)      Schedule 8 (non-domestic rating: pooling) is amended as follows.

          (2)      In paragraph 2(2) (debits to the non-domestic rating account), in paragraph

(a), after “(14) below” there is inserted “, under regulations made for the

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purpose mentioned in paragraph 4(7) below”.

          (3)      In paragraph 4(3) (contributions by special authorities), for paragraph (a)

there is substituted—

                           “(a)                                                          the authority’s non-domestic rating multiplier and

small business non-domestic rating multiplier for the

30

year were equal respectively to the non-domestic

rating multiplier and the small business non-

domestic rating multiplier for the year, so far as

relating to England, determined in accordance with

Part 1 of Schedule 7 above, and”.

35

  27       In Schedule 11 (valuation tribunals)—

              (a)             in paragraph 1 (power to make regulations for establishment of

tribunals), in sub-paragraph (2) (provision which the regulations

may include), for the words from “in relation to” to the end there is

substituted—

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                             “(a)                                                              so far as relating to England, in relation to

membership, procedure and other matters relating

to tribunals, except staff, accommodation and

equipment, and

                             (b)                                                              so far as relating to Wales, in relation to

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membership, staff, accommodation, equipment,

procedure and other matters relating to tribunals.”;

              (b)             in paragraph 6(1) (staff), after “paragraph 1 above” there is inserted

“, so far as relating to Wales,”;

 

 

Local Government Bill
Schedule 6 — Minor and consequential amendments

    105

 

              (c)             in paragraph 7(1) (accommodation and equipment), after

“paragraph 1 above” there is inserted “, so far as relating to Wales,”.

Local Government and Housing Act 1989 (c. 42)

  28       The Local Government and Housing Act 1989 is amended as follows.

  29       Part 4 (revenue accounts and capital finance of local authorities) ceases to

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have effect.

  30      (1)      Section 70 (requirements for companies under control or subject to influence

of local authorities) is amended as follows.

          (2)      In subsection (2), for “the provisions for the time being made by order under

subsection (1) above” there is substituted “any provisions made by order

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under subsection (1) above which are for the time being applicable to it”.

          (3)      In subsection (3)—

              (a)             for “local authorities” there is substituted “a local authority”, and

              (b)             for “any” there is substituted “the”.

          (4)      In subsection (4), for the words from “every” to “prescribed” there is

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substituted “a local authority to comply with any requirements for the time

being applicable to it”.

  31       For the second sentence of section 80A(4) (overpaid Housing Revenue

Account subsidy may be recovered by withholding or reducing subsidy)

there is substituted—

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              “(4A)                Without prejudice to other methods of recovery, a sum recoverable

under subsection (4) above may—

                    (a)                   be recovered by withholding or reducing subsidy, and

                    (b)                   if the sum is referable to housing benefit in respect of houses

or other property within the authority’s Housing Revenue

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Account, be recovered by withholding or reducing rent

rebate subsidy under Part 8 of the Social Security

Administration Act 1992.”

  32       In section 88(1)(d) (construction of references in Part 6 to “proper practices”),

for “section 66(4) above” there is substituted “section 21 of the Local

30

Government Act 2003”.

  33      (1)      Schedule 4 (keeping of the Housing Revenue Account) is amended as

follows.

          (2)      In Part 1 (credits to the Account), item 5 (housing benefit transfers) is

omitted.

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          (3)      In that Part, for item 9 (sums directed by Secretary of State) there is

substituted—

“Item 9: sums directed by Secretary of State or National Assembly for Wales

                            Any sums which for the year the authority is required, by reason

of a direction given by the appropriate person, to carry to the

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credit of the account from some other revenue account of theirs.

                            A direction under this item may require the transfer of sums

calculated in accordance with formulae specified in the direction,

and any formula so specified may include variables framed (in

 

 

Local Government Bill
Schedule 6 — Minor and consequential amendments

    106

 

          whatever way the appropriate person considers appropriate) by

reference to such matters as the appropriate person thinks fit.”

          (4)      In Part 2 (debits to the Account), item 4 (rent rebates) is omitted.

          (5)      In that Part, after item 9 there is inserted—

“Item 10: sums directed by Secretary of State or National Assembly for Wales

5

                            Any sums which for the year the authority is required, by reason

of a direction given by the appropriate person, to carry from the

account to the credit of some other revenue account of theirs.

                            A direction under this item may require the transfer of sums

calculated in accordance with formulae specified in the direction,

10

and any formula so specified may include variables framed (in

whatever way the appropriate person considers appropriate) by

reference to such matters as the appropriate person thinks fit.

                            In giving a direction under this item, the appropriate person may

(in particular) take into account the effect of such a direction on—

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                      (a)                     other revenue accounts in the authority’s relevant fund,

                      (b)                     the amounts of council tax falling to be set by the authority

under section 30 of the Local Government Finance Act

1992, and

                      (c)                     the authority’s budget requirement under section 32(4) of

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that Act.

                            In this item the reference to the authority’s “relevant fund” is—

                      (a)                     in relation to England, to the authority’s general fund

within the meaning of section 91(2) of the Local

Government Finance Act 1988, and

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                      (b)                     in relation to Wales, to the authority’s council fund within

the meaning of section 38(1) of the Local Government

(Wales) Act 1994.”

Social Security Administration Act 1992 (c. 5)

  34       The Social Security Administration Act 1992 is amended as follows.

30

  35      (1)      In section 134(2) (forms that may be taken by the rent rebates and allowances

referred to since 1st April 1997 in subsections (1A) and (1B) instead of

subsection (1)), for “subsection (1)” substitute “subsections (1A) and (1B)”.

          (2)      Sub-paragraph (1) shall be deemed to have come into force on 1st April 1997.

  36       In section 140B (calculation of rent rebate subsidy, rent allowance subsidy

35

and council tax benefit subsidy), the following are omitted—

              (a)             the second sentence of subsection (2) (Housing Revenue Account

rebates paid by housing authority in England and Wales not relevant

benefit for purpose of determining amount of subsidy), and

              (b)             subsection (7) (section not to be taken as implying that additions and

40

deductions may not be determined by reference to certain matters).

  37       In section 140C (payment of subsidy), after subsection (1) there is inserted—

 

 

Local Government Bill
Schedule 6 — Minor and consequential amendments

    107

 

              “(1A)                Conditions under subsection (1) above may (in particular) be

imposed to obtain information for the purposes of the carrying-out

by the Secretary of State of any of his functions relating to subsidy.”

  38       In section 140D (rent rebate subsidy: accounting provisions), the following

are omitted—

5

              (a)             subsection (1)(c) (accounting for rent rebate subsidy by development

corporation in England and Wales), and

              (b)             subsection (2) (treatment of Housing Revenue Account rebates).

  39       In section 140G (interpretation of Part 8), in the definition of “Housing

Revenue Account”, paragraph (b) (definition of Housing Revenue Account

10

rebate) is omitted.

Local Government Finance Act 1992 (c. 14)

  40       The Local Government Finance Act 1992 is amended as follows.

  41       In section 11(2) (discounts), for “section 12” there is substituted “sections

11A and 12”.

15

  42      (1)      In section 17 (completion of new dwellings), in subsection (4) (which defines

the date to be taken as the completion date)—

              (a)             in paragraph (a), for “an appeal” there is substituted “no appeal”,

and

              (b)             in paragraph (b), for “no appeal” there is substituted “an appeal”.

20

          (2)      This paragraph has effect in relation to any completion notice under

Schedule 4A to the Local Government Finance Act 1988 (c. 41) (new

buildings: completions days), as applied by section 17 of the Local

Government Finance Act 1992 (c. 14), which—

              (a)             is served on or after the day on which this paragraph comes into

25

force, or

              (b)             becomes the subject of such an appeal on or after the day on which

this paragraph comes into force.

  43       In section 21 (valuations for purposes of lists), in subsection (2) (basis of

valuations), for “1st April 1991” there is substituted “the appropriate date”

30

and after that subsection there is inserted—

              “(2A)                For the purposes of subsection (2) above, the appropriate date is—

                    (a)                   in relation to a list under section 22, 1st April 1991, and

                    (b)                   in relation to a list under section 22B, the later of—

                           (i)                          two years before the date on which the list falls to be

35

compiled, and

                           (ii)                         such date, if any, within that two year period as may

be specified by regulations.

              (2B)                The power to make regulations under subsection (2A)(b)(ii) is

exercisable—

40

                    (a)                   in relation to a list to be compiled for a billing authority in

England, by the Secretary of State, and

                    (b)                   in relation to a list to be compiled for a billing authority in

Wales, by the National Assembly for Wales.”

 

 

Local Government Bill
Schedule 6 — Minor and consequential amendments

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  44       In section 22(2) (when valuation list comes into force), for the words from

“and” to the end there is substituted “, shall come into force on that day and

shall remain in force until a new list for the authority is compiled under

section 22B below”.

  45       In section 24 (alteration of lists), in subsection (9)(b), for “or 22A(10)” there is

5

substituted “, 22A(10) or 22B(10)”.

  46       Section 25 (compilation and maintenance of new lists) ceases to have effect.

  47       In section 28 (information about lists)—

              (a)             in subsection (2)(a), for “or 22A(10)” there is substituted “, 22A(10) or

22B(10)”, and

10

              (b)             in subsection (3)(a), after “22(6)” there is inserted “or 22B(8)”.

  48       In section 66(2) (matters subject only to judicial review), in paragraph (b)

(determinations), after “8(2)” there is inserted “, 11A”.

  49       In section 67 (functions to be discharged only by the authority), in subsection

(2)(a) (making of determination), after “8(2)” there is inserted “, 11A”.

15

  50      (1)      Section 69 (interpretation of Part 1) is amended as follows.

          (2)      In subsection (1), the definition of “revenue support grant” is omitted.

          (3)      After subsection (2) there is inserted—

              “(2A)                In this Part, any reference to expenditure incurred by a billing

authority, major precepting authority or local precepting authority

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in any financial year includes the following (whether or not giving

rise to actual payments)—

                    (a)                   any amount which does not form part of the authority’s

capital receipts for the purposes of Chapter 1 of Part 1 of the

Local Government Act 2003 (capital finance) and which is set

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aside for the year by the authority as provision to meet credit

liabilities; and

                    (b)                   any other amount which is set aside for the year by the

authority as reasonably necessary for the purpose of

providing for any liability or loss which is likely or certain to

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be incurred but is uncertain as to the amount or the date on

which it will arise (or both).”

  51      (1)      Section 113 (orders and regulations) is amended as follows.

          (2)         In each of subsections (1) and (2) (powers to make regulations or orders

under the Act include power to make differential and incidental etc.

35

provision), for “or the Treasury” there is inserted “, the Treasury or the

National Assembly for Wales”.

          (3)         In subsection (2), for “or they think” there is substituted “, they or it thinks”.

          (4)         In subsection (3) (instruments subject to negative resolution), in paragraph

(a) (exceptions), after “11(3),” there is inserted “22B(3)(a),”.

40

          (5)         After subsection (3) there is inserted—

              “(4)                Any power of the National Assembly for Wales under this Act to

make orders or regulations shall be exercisable by statutory

instrument.”

  52      (1)      Schedule 2 (administration) is amended as follows.

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Local Government Bill
Schedule 6 — Minor and consequential amendments

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          (2)      In paragraph 8 (exempt dwellings etc.)—

              (a)             in sub-paragraph (1), after “22(5)(b)” there is inserted “, 22B(7)”, and

              (b)             in sub-paragraphs (2) and (3)—

                    (i)                   after “22(5)(b)” there is inserted “, 22B(7)”, and

                    (ii)                  after “22(7)”, in both places, there is inserted “, 22B(9)”.

5

          (3)      At the end there is inserted—

          “21                 (1)                  This paragraph applies where a billing authority exercises the

power under section 13A(1) above by determining a class of case

in which liability is to be reduced.

                           (2)                  Where the determination provides for liability to be reduced to nil,

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any dwelling in relation to which the reduction applies shall be

treated for the purposes of this Schedule as an exempt dwelling.

                           (3)                  Where the determination provides for liability to be reduced

otherwise than to nil, any amount in relation to which the

reduction applies shall be treated for the purposes of this Schedule

15

as subject to a discount equal to the amount of the reduction.”

  53       In Schedule 4 (enforcement), at the end there is inserted—

“Interpretation

          20                                   In this Schedule, except paragraph 6, “prescribed” means

prescribed by regulations made—

20

                      (a)                     in relation to England, by the Secretary of State, and

                      (b)                     in relation to Wales, by the National Assembly for Wales.”

Local Government (Wales) Act 1994 (c. 19)

  54                The Local Government (Wales) Act 1994 is amended as follows.

  55       In section 51 (control of disposals and contracts), in subsection (2), in the

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definition of “capital contract”, for “for capital purposes” there is substituted

“which is capital expenditure for the purposes of Chapter 1 of Part 1 of the

Local Government Act 2003 (capital finance)”.

  56      (1)                        Section 63 (regulations, orders and directions) is amended as follows.

          (2)               In subsection (1) (regulations and orders to be made by statutory

30

instrument), after “Secretary of State” there is inserted “, the National

Assembly for Wales”.

          (3)                        In subsection (2) (parliamentary procedure), after “other than one made”

there is inserted “by the Assembly or”.

          (4)                        In subsection (5)(a) (power to make supplemental etc. provision), for

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“Secretary of State or (as the case may be) the Lord Chancellor” there is

substituted “person making the regulations or order”.

Deregulation and Contracting Out Act 1994 (c. 40)

  57       In section 71(3) of the Deregulation and Contracting Out Act 1994 (certain

functions not excluded by section 71(1)(c)), after paragraph (e) there is

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inserted—

 

 

 
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