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Amendments to the Local Government Bill

Local Government Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Clause 4

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 3, line 3, after "the" insert "aggregate level of"
 

After Clause 4

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Insert the following new Clause—
  "Borrowing limits
(1)  The Secretary of State may by regulations set limits in relation to the borrowing of money by a local authority.
(2)  The Secretary of State may only make regulations under subsection (1) if the Code for Fiscal Stability, as provided for in section 155 of the Finance Act 1998 (c. 36), would otherwise be breached in any way.
(3)  Before the Secretary of State may make regulations under subsection (1), the Treasury must prepare and lay before Parliament a document which shall be subject to approval by a resolution of the House of Commons explaining how the Code for Fiscal Stability would otherwise be breached if limits were not set in relation to the borrowing of money by local authorities.
(4)  It shall be the duty of the Comptroller and Auditor General to examine the Treasury's document published under subsection (3) and report to the House of Commons on his findings."
 

Clause 13

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 6, line 30, leave out subsection (9)
 

Clause 43

 

THE LORD JENKIN OF RODING
THE BARONESS HANHAM

Page 20, line 2, after "work" insert ", invest"
Page 20, line 6, at end insert "in relation to a hereditament owned in the business improvement district (in this Part referred to as "a relevant hereditament")"
Page 20, line 6, at end insert ", and
(c)  where so specified in the BID arrangements all or part of the levy to be paid by property owners, or a class of property owners, with an interest or interests in one or more relevant hereditaments superior to that held by a non-domestic ratepayer (in this Part referred to as "owners of superior property interests") on whom the BID levy is imposed."
 

After Clause 48

 

THE LORD JENKIN OF RODING
THE BARONESS HANHAM

Insert the following new Clause—
  "Superior property interests
(1)  Any owner of superior property interests must be described in the BID arrangements—
(a)  by the name of the legal owner of the property interest;
(b)  by an address for the service of any document related to the BID;
(c)  by reference to the relevant hereditament to which the superior property interest relates.
(2)  The method by which any BID levy to be paid by an owner is calculated must be set out in the BID arrangements and must be an allocated proportion of the BID levy (referred to in this Part as "the allocated proportion") in respect of the relevant hereditament.
(3)  The BID arrangements must specify the residual proportion (if any) of the BID levy (referred to in this Part as "the residual proportion") for which a non-domestic ratepayer or ratepayers will be liable.
(4)  The sum of the allocated proportion and of the residual proportion of the BID levy in respect of a relevant hereditament must not exceed the amount that would be charged if the BID levy were being paid only by the non-domestic ratepayer."
 

Clause 52

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 22, line 14, after "majority" insert "of two-thirds of those voting"
Page 22, line 15, insert at end "with a minimum seventy five per cent turn out."
 

THE LORD JENKIN OF RODING
THE BARONESS HANHAM

Page 22, line 15, at end insert—
"(   )  For the purposes of the first condition no person shall be entitled to more than one vote."
Page 22, line 18, at end insert—
"(   )  Where BID levy is to be paid by the owner of a superior property interest, for the purposes of calculating A and B the owner of the superior property interest shall be treated as voting in relation to the allocated proportion of the rateable value of the relevant hereditament and the non-domestic ratepayer shall be taken as voting in relation to the residual proportion of the rateable value of the relevant hereditament."
 

Clause 53

 

THE LORD JENKIN OF RODING
THE BARONESS HANHAM

Page 22, line 29, at end insert—
"(   )  In deciding whether to exercise the veto a billing authority must have regard to—
(a)  the identification of the classes of owners of superior property interests proposed to be charged,
(b)  any classes of owners of superior property interests who are not proposed to be charged,
(c)  the allocated proportion proposed to be charged to each owner of a superior property interest, and
(d)  the proposed arrangements for the management of the BID including the representation of owners of superior property interests in the management arrangements
  and shall exercise the veto unless it is satisfied that the proposed BID arrangements are fair and equitable in relation to the manner in which the projects specified will be financed and shall have regard to any codes of practice issued by the Secretary of State."
 

After Clause 57

 

THE LORD JENKIN OF RODING
THE BARONESS HANHAM

Insert the following new Clause—
  "Restriction on reimbursement of levy
(57A)  The owner of a superior property interest shall not be entitled to seek reimbursement in respect of the allocated proportion of a BID levy paid by him from the owner of any other interest in the relevant hereditament provided that where a new interest is created after the date on which the BID arrangements have come into force, any question of the liability to pay BID levy shall be determined by reference to the instrument creating that new interest."
 

Clause 63

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 27, line 31, at end insert—
"(8)  In England, mandatory rate relief will be given on a declining scale, between 50 per cent on properties valued at up to #3,000 to 0 per cent on those valued at #10,000 and above."
 

Clause 71

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 36, line 20, at end insert—
  ", but does not include any regional assembly established pursuant to a referendum conducted under the Regional Assemblies (Preparations) Act 2003."
 

Clause 75

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 39, line 11, at end insert—
"(   )  After section 6(4) of the Local Government Finance Act 1992 there is inserted the following subsection—
    "(   )  Subsection (4) shall not have effect in relation to a student who has a freehold or leasehold interest in the dwelling on which a council tax liability has been incurred and is resident in that dwelling.""
Page 39, line 14, at end insert—
"(   )  After section 9(2) of the Local Government Finance Act 1992 there is inserted the following subsection—
    "(   )  Subsection (2) shall not have effect in relation to a student who has a freehold or leasehold interest in the dwelling on which a council tax liability has been incurred and who is resident in that dwelling.""
 

Clause 76

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 39, line 24, leave out "the Secretary of State sees fit" and insert "regulations under this section may provide"
Page 39, line 31, leave out ", or in such part of its area as it may specify in the determination,"
Page 39, line 32, leave out "of at least 10"
Page 39, line 32, leave out "lesser"
Page 39, line 33, leave out "so"
Page 39, line 40, at end insert—
"(   )  No dwelling may be prescribed by the Secretary of State under subsection (1) above on the ground that it is unoccupied if the owner or occupier is a sick or disabled person who is resident in a hospital, hospice, residential care home or nursing home.
(   )  No discount may be removed from a mentally or physically disabled person under this section on the ground that a dwelling is unoccupied if it is unoccupied by reason of long-term illness or infirmity."
Page 39, line 40, at end insert—
"(   )  No dwelling may be prescribed by the Secretary of State under subsection (1) above and no discount may be removed or reduced under this section on the ground that a dwelling is unoccupied if the owner or occupier is a member of the armed forces required to be absent from home by reason of his duties."
Page 39, line 40, at end insert—
"(   )  No dwelling may be prescribed by the Secretary of State under subsection (1) above and no discount may be removed or reduced under this section on the ground that a dwelling is unoccupied if the owner is actively marketing the property with the purpose of letting, lease or sale."
Page 40, line 3, at end insert—
    "(   )  A billing authority shall not make a determination under this section unless it has taken reasonable steps to ensure that households affected have been made aware of its intention."
Page 40, line 9, at end insert—
"(   )  Any additional monies accruing to a local authority as a result of the removal or reduction of a discount under this section shall be retained by the local authority to whom the council tax is payable and the Secretary of State may not take such receipts into account in determining the level of financial support appropriate for that authority."
 

Clause 78

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 40, line 27, leave out subsection (1)
Page 40, line 33, leave out subsection (3) and insert—
"(   )  After 1 April 2007, the list shall be updated annually for each billing authority area by reference to the index of housing prices for the local authority area."
 The above-named Lords give notice of their intention to oppose the Question that Clause 78 stand part of the Bill.
 

Clause 79

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 41, line 32, at end insert—
"(4B)  No power may be exercised under subsection (4A) if at the beginning of the financial year in which it would have effect it would result in any dwelling being placed in a higher band than that which it would have been had the values set out in subsections (2) and (3) been uprated to reflect movements in the housing price index after the coming into force of this Act."
 

Clause 80

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 42, line 13, leave out "different from" and insert "lower than"
Page 42, line 25, at end insert—
"(   )  No Order under subsection (5) shall be made unless a draft of the order has been laid before and approved by resolution of the House of Commons."
 

Clause 88

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 45, line 30, at beginning insert "Subject to subsection (5),"
Page 46, line 8, at end insert—
"(5)  The appropriate person shall pay to each local housing authority required to have a strategy a grant equivalent to the cost of preparing that strategy."
 

Clause 90

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 46, line 43, leave out "determine" and insert "order"
Page 47, line 40, at end insert—
    "(1B)  An order made under this section in relation to England shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 

Clause 92

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 49, line 42, leave out "authorities" and insert "classes of authority"
 

Clause 93

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 50, line 8, leave out subsection (1)
Page 50, line 11, leave out subsection (2)
 

Clause 94

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 50, line 29, leave out from "another," to end of line 30 and insert "the costs of provision do not exceed the income from charges under that subsection."
 

Clause 114

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

Page 66, line 20, at end insert "but shall consist of not fewer than three and not more than five members"
Page 66, line 39, after "(1)," insert—
"(   )  the nature of its business,"
Page 67, line 24, at end insert "who shall be a senior member of his staff or of the Authority"
Page 67, line 29, leave out "sufficient" and insert "reasonably necessary"

 
 
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©Parliamentary copyright 2003
22 May 2003