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Local Government Bill


Local Government Bill
Part 3 — Grants etc
Chapter 2 — Other grants etc

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     (2)    The amount of a grant under this section and the manner of its payment are to

be such as the appropriate person may determine.

     (3)    A grant under this section may be paid on such conditions as the appropriate

person may determine as to the circumstances in which the whole or any part

of the grant must be repaid.

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 39    Emergency financial assistance to combined fire authorities

In section 155 of the Local Government and Housing Act 1989 (c. 42)

(emergency financial assistance to local authorities), in subsection (4)

(authorities that are local authorities for the purposes of that section), after

paragraph (g) there is inserted “; or

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                  (h)                    a fire authority in England and Wales constituted by a

combination scheme under the Fire Services Act 1947.”

 40    Loans by Public Works Loan Commissioners

     (1)    The Secretary of State may, if he thinks it appropriate, make payments to the

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Public Works Loan Commissioners so as to reduce or extinguish such debt

(whether then due or not) of a local authority in England to those

Commissioners as he thinks fit.

     (2)    The National Assembly for Wales may, if it thinks it appropriate, make

payments to the Public Works Loan Commissioners so as to reduce or

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extinguish such debt (whether then due or not) of a local authority in Wales to

those Commissioners as the Assembly thinks fit.

     (3)    The amount—

           (a)           required to extinguish a debt, or

           (b)           by which a payment reduces a debt,

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            shall be such as may be determined by the Commissioners.

     (4)    The Commissioners may refuse to accept a payment which the Secretary of

State or the National Assembly for Wales proposes to make to them under this

section.

     (5)    In this section “local authority” means—

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           (a)           in relation to England—

                  (i)                 a district council,

                  (ii)                a county council that is the council for a county in which there

are no district councils,

                  (iii)               a London borough council,

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                  (iv)                the Common Council of the City of London, or

                  (v)                 the Council of the Isles of Scilly; and

           (b)           in relation to Wales, a county council or a county borough council.

 41    Payments towards local authority indebtedness

     (1)    The Secretary of State may, if he thinks it appropriate, make payments to a local

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authority in England for application by the authority in reducing or

extinguishing such debt (whether then due or not) of the authority as he thinks

fit.

 

 

Local Government Bill
Part 4 — Business improvement districts

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     (2)    The National Assembly for Wales may, if it thinks it appropriate, make

payments to a local authority in Wales for application by the authority in

reducing or extinguishing such debt (whether then due or not) of the authority

as the Assembly thinks fit.

     (3)    The person making payments to a local authority under this section may

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specify how the payments are to be applied by the authority and may in

particular specify—

           (a)           the debt or debts to be extinguished, or

           (b)           the debt or debts to be reduced.

     (4)    A payment under this section may be made subject to conditions imposed by

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the person making the payment.

     (5)    The conditions that may be imposed under subsection (4) include (in

particular) conditions relating to the repayment in specified circumstances of

all or part of the payment.

     (6)    Payments made to a local authority under this section may not be applied in

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reducing or extinguishing any debt of the authority to the Public Works Loan

Commissioners.

     (7)    In this section “local authority” means—

           (a)           in relation to England—

                  (i)                 a district council,

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                  (ii)                a county council that is the council for a county in which there

are no district councils,

                  (iii)               a London borough council,

                  (iv)                the Common Council of the City of London, or

                  (v)                 the Council of the Isles of Scilly; and

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           (b)           in relation to Wales, a county council or a county borough council.

 42    Local government finance reports: Wales

     (1)    Schedule 2 (which makes provision for enabling the National Assembly for

Wales to make two local government finance reports for a year, one dealing

with police authorities and one dealing with other authorities and bodies) has

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effect.

     (2)    This section applies in relation to the financial year beginning on 1st April 2004

and subsequent financial years.

Part 4

Business improvement districts

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BID arrangements

 43    Arrangements with respect to business improvement districts

     (1)    A billing authority may in accordance with this Part make arrangements (“BID

arrangements”) with respect to an area (a “business improvement district”)

comprising all or part of the area of the authority.

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     (2)    The purpose of BID arrangements is to enable—

 

 

Local Government Bill
Part 4 — Business improvement districts

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           (a)           the projects specified in the arrangements to be carried out for the

benefit of the business improvement district or those who live, work or

carry on any activity in the district, and

           (b)           those projects to be financed (in whole or in part) by a levy (“BID levy”)

imposed on the non-domestic ratepayers, or a class of such ratepayers,

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in the district.

 44    Joint arrangements

     (1)    The Secretary of State may by regulations make provision for or in connection

with enabling two or more billing authorities to make BID arrangements with

respect to a business improvement district comprising all or part of the area of

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each of the authorities.

     (2)    The provision which may be made by regulations under this section includes

provision which modifies any provision made by or under this Part in its

application to such arrangements.

 45    Additional contributions and action

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     (1)    The persons specified in subsection (2) may make financial contributions or

take action for the purpose of enabling the projects specified in BID

arrangements to be carried out.

     (2)    Those persons are—

           (a)           the billing authority which has made the arrangements,

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           (b)           a county council or parish council any part of whose area falls within

the business improvement district, and

           (c)           any other person authorised or required to do so in accordance with the

arrangements.

 46    Duty to comply with arrangements

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Where BID arrangements are in force, the billing authority which made the

arrangements must comply with them.

BID levy

 47    BID levy

     (1)    BID levy is to be imposed in a business improvement district only for periods

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(“chargeable periods”) falling within the period in which BID arrangements

are in force in respect of the district.

     (2)    The length of any chargeable period, and the day on which it begins, are to be

such as may be specified in the BID arrangements.

     (3)    The amount of BID levy for any chargeable period—

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           (a)           is to be calculated in such manner as may be provided in the BID

arrangements, and

           (b)           may be different for different cases.

 

 

Local Government Bill
Part 4 — Business improvement districts

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 48    Liability for BID levy

     (1)    BID arrangements must specify the description of non-domestic ratepayers in

the business improvement district who are to be liable for BID levy for a

chargeable period.

     (2)    A person is to be liable for BID levy for a chargeable period if he falls within

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that description at any time within the period.

     (3)    The amount of a person’s liability for BID levy for any chargeable period is to

be determined in accordance with the BID arrangements.

     (4)    Any amount of BID levy for which a person is liable is to be paid to the billing

authority which made the arrangements.

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Administration etc

 49    BID Revenue Account

     (1)    A billing authority which has made BID arrangements must, in accordance

with proper practices, keep an account, to be called the BID Revenue Account.

     (2)    Amounts paid to the authority by way of BID levy must be credited to the BID

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Revenue Account.

     (3)    Amounts are to be debited to the BID Revenue Account only in accordance

with BID arrangements.

     (4)    The Secretary of State may by regulations make further provision in relation to

the BID Revenue Account.

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     (5)    The provision which may be made under subsection (4) includes provision

amending any enactment (whenever passed or made).

 50    Administration of BID levy etc

     (1)    The Secretary of State may by regulations make provision with respect to the

imposition, administration, collection, recovery and application of BID levy.

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     (2)    The provision which may be made by regulations under this section includes

provision—

           (a)           corresponding to any provision which may be made by regulations

under section 50 or 63 of, or Schedule 9 to, the Local Government

Finance Act 1988 (c. 41) (joint owners or occupiers, death and

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administration of non-domestic rating);

           (b)           modifying or applying with modifications any provision made by

regulations under any of those provisions.

     (3)    Nothing in subsection (2) is to be taken as limiting the power conferred by

subsection (1).

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Procedure

 51    BID proposals

     (1)    BID arrangements are not to come into force unless proposals for the

arrangements (“BID proposals”) are approved by a ballot of the non-domestic

 

 

Local Government Bill
Part 4 — Business improvement districts

    22

 

     (1)    ratepayers in the proposed business improvement district who are to be liable

for the proposed BID levy.

     (2)    The Secretary of State may by regulations make provision—

           (a)           as to the persons who may draw up BID proposals,

           (b)           as to the procedures to be followed in connection with the drawing up

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of BID proposals,

           (c)           as to the matters to be included in BID proposals, and

           (d)           as to the date which may be provided under BID proposals for the

coming into force of BID arrangements which give effect to the

proposals.

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 52    Approval in ballot

     (1)    BID proposals are not to be regarded as approved by a ballot held for the

purposes of section 51(1) unless two conditions are satisfied.

     (2)    The first condition is that a majority of the persons voting in the ballot have

voted in favour of the BID proposals.

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     (3)    The second condition is that A exceeds B.

     (4)    A is the aggregate of the rateable values of each hereditament in respect of

which a person voting in the ballot has voted in favour of the BID proposals.

     (5)    B is the aggregate of the rateable values of each hereditament in respect of

which a person voting in the ballot has voted against the BID proposals.

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     (6)    For the purposes of subsections (4) and (5) the rateable value of a hereditament

is that shown on the day of the ballot under section 42(4) of the Local

Government Finance Act 1988 (c. 41).

 53    Power of veto

     (1)    This section applies where BID proposals are approved by a ballot held for the

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purposes of section 51(1).

     (2)    The billing authority to which the proposals relate may, in prescribed

circumstances, veto the proposals within such period from the date of the

ballot as may be prescribed.

     (3)    In deciding whether to exercise the veto, a billing authority is to have regard to

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such matters as may be prescribed.

     (4)    If a billing authority vetoes BID proposals, it must give notice of the exercise of

the veto to the persons entitled to vote in the ballot.

     (5)    The notice—

           (a)           must set out the reasons for the exercise of the veto, and

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           (b)           must give details of the right of appeal under section 54.

     (6)    A copy of the notice must be sent to the Secretary of State.

 54    Appeal against veto

     (1)    Where a billing authority vetoes BID proposals, any person who was entitled

to vote in the ballot may appeal to the Secretary of State.

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Local Government Bill
Part 4 — Business improvement districts

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     (2)    The Secretary of State may by regulations make provision in relation to appeals

under this section, including provision—

           (a)           as to the time by which an appeal is to be made,

           (b)           as to the manner in which an appeal is to be made,

           (c)           as to the procedure to be followed in connection with an appeal, and

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           (d)           as to the matters to be taken into account in deciding whether to allow

an appeal.

 55    Commencement of BID arrangements

     (1)    This section applies where BID proposals are approved by a ballot held for the

purposes of section 51(1).

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     (2)    The billing authority concerned must ensure that BID arrangements which

give effect to the proposals are made by the time the arrangements are to come

into force in accordance with this section.

     (3)    Subject to subsection (4), the BID arrangements are to come into force on such

day as may be provided under the BID proposals.

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     (4)    If the BID proposals are vetoed under section 53, BID arrangements which give

effect to the proposals are not to come into force unless the Secretary of State

allows an appeal against the veto under section 54.

     (5)    Where the Secretary of State allows such an appeal, BID arrangements which

give effect to the proposals are to come into force on such day as the Secretary

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of State may determine.

     (6)    The day determined under subsection (5) must not be earlier than the day

mentioned in subsection (3).

     (7)    Before making a determination under subsection (5), the Secretary of State

must consult—

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           (a)           the billing authority concerned, and

           (b)           such persons as appear to him to be representative of the non-domestic

ratepayers who are to be liable for the proposed BID levy.

Miscellaneous

 56    Duration of BID arrangements etc

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     (1)    BID arrangements are to have effect for such period (not exceeding 5 years) as

may be specified in the arrangements.

     (2)    BID arrangements may be renewed for one or more periods each of which

must not exceed 5 years, but only if the renewal of the arrangements on that or

each occasion is approved by a ballot of the non-domestic ratepayers in the

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business improvement district who are liable for the BID levy.

     (3)    The renewal of BID arrangements is not to be regarded as approved by a ballot

held for the purposes of subsection (2) unless the two conditions in section 52

which apply to the approval of BID proposals are satisfied in relation to the

renewal of the arrangements.

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     (4)    The Secretary of State may by regulations make provision—

           (a)           as to the alteration of BID arrangements, and

 

 

Local Government Bill
Part 4 — Business improvement districts

    24

 

           (b)           as to the termination of BID arrangements.

     (5)    The provision which may be made by virtue of subsection (4)(a) or (b) includes

provision preventing or restricting the alteration or early termination of BID

arrangements.

     (6)    Nothing in subsection (5) is to be taken as limiting the power conferred by

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subsection (4).

 57    Regulations about ballots

     (1)    The Secretary of State may by regulations make provision in relation to ballots.

     (2)    The provision which may be made by regulations under this section includes

provision—

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           (a)           as to the timing of ballots;

           (b)           as to the non-domestic ratepayers entitled to vote in a ballot;

           (c)           as to the question to be asked in a ballot;

           (d)           as to the form that ballots may take;

           (e)           as to the persons who are to hold ballots;

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           (f)           as to the conduct of ballots;

           (g)           conferring power on the Secretary of State to declare ballots void in

cases of material irregularity;

           (h)           for or in connection with enabling a billing authority to recover the

costs of a ballot from such persons and in such circumstances as may be

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prescribed.

     (3)    Nothing in subsection (2) is to be taken as limiting the power conferred by

subsection (1).

     (4)    In this section “ballot” means a ballot held for the purposes of section 51(1) or

56(2).

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 58    Power to make further provision

     (1)    The Secretary of State may by regulations make such supplementary,

incidental, consequential or transitional provision as he considers necessary or

expedient for the purposes of, in consequence of, or for giving full effect to, any

provision made by or under this Part.

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     (2)    The provision which may be made under subsection (1) includes provision

amending any enactment (whenever passed or made).

 59    Crown application

This Part binds the Crown.

 60    Wales

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In its application to Wales—

           (a)           this Part has effect as if for any reference to the Secretary of State there

were substituted a reference to the National Assembly for Wales, and

           (b)           section 45(2)(b) has effect as if for the reference to a county council or

parish council there were substituted a reference to a community

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council.

 

 

 
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