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Local Government Bill
Schedule 2 — Welsh local government finance reports

    85

 

                             (ii)                           each of those reports is to deal with the distribution

of so much of that amount as is for the receiving

authorities to which that report relates.

                           (2)                  If the Assembly decides as mentioned in sub-paragraph (1)(b)(i)

above—

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                      (a)                     the Assembly shall specify that amount (the distributable

amount for the year) in the chosen report, and

                      (b)                     the chosen report is the local government finance report for

that year to which the requirement under paragraph 10(1)

below applies.

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                           (3)                  If the Assembly decides as mentioned in sub-paragraph (1)(b)(ii)

above—

                      (a)                     paragraphs 10 and 11 below do not apply in relation to

Wales as respects the year (but see paragraphs 11A to 11C

below),

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                      (b)                     the power under paragraph 13 below may (in particular)

be exercised by making a single amending report relating

to both of the local government finance reports for the

year, and

                      (c)                                             paragraph 14 below does not apply in relation to any

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report amending either of those reports (but see paragraph

14A below).”

          (5)      In paragraph 11(1)(a) (paragraph applies where distributable amount

specified in accordance with paragraph 9), for “paragraph 9” there is

substituted “paragraphs 9 and 9A(2)”.

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          (6)      After paragraph 11 there is inserted—

          “11A                 (1)                  Where the National Assembly for Wales proposes to publish two

local government finance reports for a particular financial year

and as respects that year decides as mentioned in paragraph

9A(1)(b)(ii) above, the Assembly shall in each of those reports—

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                      (a)                     specify the amount for the year arrived at under paragraph

9 above,

                      (b)                     specify how much of that amount is for the receiving

authorities to which the report relates, and

                      (c)                     specify the basis on which the Assembly proposes to

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distribute among those authorities the amount specified

under paragraph (b) above.

                           (2)                  Before making such a report as is mentioned in sub-paragraph (1)

above, the Assembly shall notify the general nature of the basis of

distribution proposed to be specified in the report to such

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representatives of local government as appear to the Assembly to

be appropriate.

          11B                 (1)                  This paragraph applies where the National Assembly for Wales—

                      (a)                     publishes a local government finance report that is one of

two being published by it for a particular financial year,

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and

                      (b)                     as respects that year decides as mentioned in paragraph

9A(1)(b)(ii) above.

 

 

Local Government Bill
Schedule 2 — Welsh local government finance reports

    86

 

                           (2)                  The amount specified under paragraph 11A(1)(b) above in the

report shall be distributed among and paid to the receiving

authorities to which the report relates in accordance with this

paragraph and paragraph 12 below.

                           (3)                  As soon as is reasonably practicable after the report is published,

5

the Assembly shall calculate in relation to each of those authorities

what sum falls to be paid to the authority as its share of the

amount specified under paragraph 11A(1)(b) above.

                           (4)                  The calculation under sub-paragraph (3) above shall be in

accordance with the basis of distribution specified in the report.

10

                           (5)                  The Assembly may carry out the sub-paragraph (3) calculation

again at any time before the end of the financial year immediately

following the one to which the report relates.

                           (6)                  The power under sub-paragraph (5) above may only be exercised

once and ceases to be exercisable if the Assembly publishes under

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paragraph 13 below a report amending the report.

                           (7)                  As soon as is reasonably practicable after making a calculation

under sub-paragraph (3) or (5) above, the Assembly shall inform

each receiving authority to which the report relates of the

outcome, so far as relating to it.

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          11C                 (1)                  The National Assembly for Wales may set a deadline for the

receipt of information to be taken into account by it when making

a calculation under paragraph 11B(3) or (5) above.

                           (2)                  Different deadlines may be set under sub-paragraph (1) above in

relation to different kinds of information.

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                           (3)                  A deadline under sub-paragraph (1) above shall only have effect if

the Assembly informs each receiving authority concerned of the

deadline and of the information to which it relates.

                           (4)                  Notification under sub-paragraph (3) above may be given at any

time before the making of the calculation to which the deadline

30

relates, including a time before the distributable amount for the

year is calculated under paragraph 9 above.

                           (5)                  When making a calculation in relation to which a deadline under

sub-paragraph (1) above has effect, the Assembly shall leave

information to which the deadline applies out of account if it is

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received after the passing of the deadline.”

          (7)      In paragraph 12(1) (duty to pay amounts calculated under paragraph 11(3)),

after “11(3)” there is inserted “or 11B(3)”.

          (8)      In paragraph 12, in each of sub-paragraphs (3) and (5) (cases where

recalculation shows different amount to be due)—

40

              (a)             after “11(4)” there is inserted “or 11B(5)”, and

              (b)             after “11(3)” there is inserted “or 11B(3)”.

          (9)      After paragraph 14 there is inserted—

          “14A                 (1)                  This paragraph applies where—

                      (a)                     a report is made under paragraph 13 above amending a

45

report (“the original report”) that is one of two local

government finance reports that the National Assembly

for Wales publishes for a particular financial year, and

 

 

Local Government Bill
Schedule 3 — Amendment of powers exercisable in relation to local authorities

    87

 

                      (b)                     as respects that year the Assembly decides as mentioned in

paragraph 9A(1)(b)(ii) above.

                           (2)                  As soon as is reasonably practicable after the amending report is

published by the Assembly, the Assembly shall calculate in

relation to each of the authorities to which the original report

5

relates what sum falls to be paid to the authority as its share of the

amount specified under paragraph 11A(1)(b) above in the original

report.

                           (3)                  The calculation under sub-paragraph (2) above shall be in

accordance with the amended basis of distribution.

10

                           (4)                  The Assembly may carry out the sub-paragraph (2) calculation

again at any time before—

                      (a)                     the end of the financial year immediately following the one

to which the original report relates, or

                      (b)                     if later, the end of the period of 3 months beginning with

15

the day on which the Assembly publishes the amending

report.

                           (5)                  The power under sub-paragraph (4) above may only be exercised

once.

                           (6)                  Paragraphs 11B(7) and 11C above apply in relation to calculations

20

made under sub-paragraphs (2) and (4) above as they apply in

relation to calculations made under paragraph 11B(3) and (5)

above.”

          (10)     In paragraph 15(1) (paragraph applies where calculation made under

paragraph 14(1) or (2)), after “14(1) or (2)” there is inserted “or 14A(2) or (4)”.

25

          (11)     In paragraph 15(6) (meaning of “the relevant previous calculation”)—

              (a)             after “14(1)” (in each place) there is inserted “or 14A(2)”,

              (b)             after “11(3)” there is inserted “or 11B(3)”,

              (c)             after “11(4)” there is inserted “or 11B(5)”, and

              (d)             after “14(2)” (in each place) there is inserted “or 14A(4)”.

30

Schedule 3

Section 101

 

Amendment of powers exercisable in relation to local authorities

Local Government and Housing Act 1989 (c. 42)

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

  2        In section 67 (orders under Part 5), at the end there is inserted—

35

              “(5)                The power under subsection (4) above to make differential provision

includes, in particular, power to make different provision for

different local authorities or descriptions of local authority.”

  3        In section 70 (requirements for companies under control or subject to

influence of local authorities), at the end there is inserted—

40

              “(6)                An order under subsection (1) may be made in relation to—

 

 

Local Government Bill
Schedule 3 — Amendment of powers exercisable in relation to local authorities

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                    (a)                   all local authorities,

                    (b)                   particular local authorities, or

                    (c)                   particular descriptions of local authority.”

Local Government Act 1999 (c. 27)

  4        The Local Government Act 1999 is amended as follows.

5

  5        In section 4(2)(b) (different performance indicators or standards may be

specified for different authorities), after “different authorities” there is

inserted “or descriptions of authority”.

  6       (1)      Section 5 (best value reviews) is amended as follows.

          (2)      In subsection (2)(b) (orders specifying periods within which authorities are

10

to conduct best value reviews may make different provision for different

authorities), after “different authorities” there is inserted “or descriptions of

authority”.

          (3)      After subsection (4) there is inserted—

              “(4A)                An order under subsection (4) may—

15

                    (a)                   apply to one authority or more;

                    (b)                   make different provision in relation to different authorities or

descriptions of authority.”

  7        In section 6 (best value performance plans), after subsection (4) there is

inserted—

20

              “(5)                An order under this section may make different provision in relation

to different authorities or descriptions of authority.”

  8       (1)      Section 16 (power to modify enactments and confer new powers) is

amended as follows.

          (2)      In subsection (1) (power to modify or exclude application of enactments in

25

relation to best value authorities), for “in relation to those authorities” there

is substituted “in relation to—

                    (a)                      all best value authorities,

                    (b)                      particular best value authorities, or

                    (c)                      particular descriptions of best value authority.”

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          (3)      In subsection (2) (power to confer powers on best value authorities), for

“conferring on best value authorities any power” there is substituted

“conferring on—

                    (a)                      all best value authorities,

                    (b)                      particular best value authorities, or

35

                    (c)                       particular descriptions of best value authority,

                              any power”.

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

              “(3A)                The power under subsection (3)(d) includes, in particular, power to

make different provision in relation to different authorities or

40

descriptions of authority.”

          (5)      At the beginning of subsection (4) (order subject to affirmative resolution

procedure) there is inserted “Subject to subsection (4A),”.

 

 

Local Government Bill
Schedule 3 — Amendment of powers exercisable in relation to local authorities

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          (6)      After subsection (4) there is inserted—

              “(4A)                An order under this section which is made only for the purpose of

amending an earlier order under this section—

                    (a)                   so as to extend the earlier order, or any provision of the

earlier order, to a particular authority or to authorities of a

5

particular description, or

                    (b)                   so that the earlier order, or any provision of the earlier order,

ceases to apply to a particular authority or to authorities of a

particular description,

                              shall be subject to annulment in pursuance of a resolution of either

10

House of Parliament.”

  9        In section 17 (orders under section 16: procedure), after subsection (6) there

is inserted—

              “(7)                Nothing in this section applies to an order under section 16 which is

made only for the purpose mentioned in section 16(4A).”

15

  10      (1)      Section 19 (contracts: exclusion of non-commercial considerations) is

amended as follows.

          (2)      In subsection (1) (power to provide for matters to cease to be non-

commercial matters in relation to best value authorities), for “in relation to

best value authorities, for” there is substituted “in relation to—

20

                    (a)                      all best value authorities,

                    (b)                      particular best value authorities, or

                    (c)                      particular descriptions of best value authority,

                              for”.

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

25

              “(2A)                The power under subsection (2)(c) includes, in particular, power to

make different provision for different authorities or descriptions of

authority.”

          (4)      At the beginning of subsection (3) (order subject to affirmative resolution

procedure) there is inserted “Subject to subsection (3A),”.

30

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

              “(3A)                An order under this section which is made only for the purpose of

amending an earlier order under this section—

                    (a)                   so as to extend the earlier order, or any provision of the

earlier order, to a particular authority or to authorities of a

35

particular description, or

                    (b)                   so that the earlier order, or any provision of the earlier order,

ceases to apply to a particular authority or to authorities of a

particular description,

                              shall be subject to annulment in pursuance of a resolution of either

40

House of Parliament.”

Local Government Act 2000 (c. 22)

  11       The Local Government Act 2000 is amended as follows.

  12      (1)      Section 3 (limits on power to promote well-being) is amended as follows.

 

 

Local Government Bill
Schedule 3 — Amendment of powers exercisable in relation to local authorities

    90

 

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

              “(3A)                The power under subsection (3) may be exercised in relation to—

                    (a)                   all local authorities,

                    (b)                   particular local authorities, or

                    (c)                   particular descriptions of local authority.”

5

          (3)      At the beginning of subsection (4) (duty to consult) there is inserted “Subject

to subsection (4A),”.

          (4)      After that subsection there is inserted—

              “(4A)                Subsection (4) does not apply to an order under this section which is

made only for the purpose of amending an earlier order under this

10

section—

                    (a)                   so as to extend the earlier order, or any provision of the

earlier order, to a particular authority or to authorities of a

particular description, or

                    (b)                   so that the earlier order, or any provision of the earlier order,

15

ceases to apply to a particular authority or to authorities of a

particular description.”

  13       In section 9 (procedures for orders under section 5 or 6), after subsection (7)

there is inserted—

              “(8)                Nothing in this section applies to an order under section 5 or 6 which

20

is made only for the purpose of amending an earlier order under that

section—

                    (a)                   so as to extend the earlier order, or any provision of the

earlier order, to a particular authority or to authorities of a

particular description, or

25

                    (b)                   so that the earlier order, or any provision of the earlier order,

ceases to apply to a particular authority or to authorities of a

particular description.”

  14      (1)      Section 105 (orders and regulations) is amended as follows.

          (2)      At the beginning of subsection (6) (certain instruments subject to affirmative

30

resolution procedure) there is inserted “Subject to subsection (6A),”.

          (3)      After subsection (6) there is inserted—

              “(6A)                Subsection (6) does not apply to a statutory instrument which

contains an order under section 3(3), 5 or 6 if the order is made only

for the purpose of amending an earlier such order—

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                    (a)                   so as to extend the earlier order, or any provision of the

earlier order, to a particular authority or to authorities of a

particular description, or

                    (b)                   so that the earlier order, or any provision of the earlier order,

ceases to apply to a particular authority or to authorities of a

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particular description.”

 

 

 
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