Local Government Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 37

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

100Page 17, line 10, at end insert—
"(   )  Any grant paid under this section shall be reported to Parliament as a special grant report pursuant to section 88B of the Local Government Finance Act 1988 (c. 41) within not more than five months of such grant being made."
101Page 17, line 26, leave out paragraph (c)
 

Clause 38

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

102Page 18, line 5, at end insert—
"(   )  Any grant paid under this section shall be reported to Parliament as a special grant report pursuant to section 88B of the Local Government Finance Act 1988 (c. 41) within not more than five months of such grant being made."
 

Clause 40

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

103Page 18, line 15, after "appropriate," insert "by order"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

104Page 18, line 17, leave out "a" and insert "each"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

105Page 18, line 18, at end insert—
"(   )  Any payments made by the Secretary of State under subsection (1) must not be financed by monies recouped from debt free councils via capital receipts."
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

106Page 18, line 21, leave out "a" and insert "each"
107Page 18, line 38, at end insert—
"(   )  Where the Secretary of State or the National Assembly for Wales makes a payment specified in subsection (1) or (2), the Secretary of State or the National Assembly for Wales shall not reduce or extinguish such debt disproportionately between authorities."
 

Clause 41

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

108Page 18, line 40, after "appropriate," insert "by order"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

109Page 18, line 40, leave out "a" and insert "each"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

110Page 18, line 43, at end insert—
"(   )  Any payments made by the Secretary of State under subsection (1) must not be financed by monies recouped from debt free councils via capital receipts."
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

111Page 19, line 2, leave out "a" and insert "each"
112Page 19, line 26, at end insert—
"(   )  Where the Secretary of State or the National Assembly for Wales makes a payment specified in subsection (1) or (2), the Secretary of State or the National Assembly for Wales shall not reduce or extinguish such debt disproportionately between authorities."
 

Clause 43

 

THE LORD JENKIN OF RODING
THE BARONESS HANHAM
THE BARONESS HAMWEE

113Page 20, line 2, after "work" insert ", invest"
114Page 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")"
115Page 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
THE BARONESS HAMWEE

116Insert 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 49

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE LORD ROOKER

117Page 21, line 21, leave out subsection (5)
 

Clause 52

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

118Page 22, line 14, after "a" insert "two-thirds"
119Page 22, line 15, at end insert "with a minimum seventy-five per cent turn out"
 

THE LORD JENKIN OF RODING
THE BARONESS HANHAM
THE BARONESS HAMWEE

120Page 22, line 15, at end insert—
"(   )  For the purposes of the first condition, no person shall be entitled to more than one vote."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

121Page 22, line 15, at end insert—
"(2A)  For the purposes of subsection (2), no person shall be entitled to more than one vote."
122Page 22, line 16, leave out "A exceeds B" and insert "a majority of those entitled to vote under the arrangements vote"
 

THE LORD JENKIN OF RODING
THE BARONESS HANHAM
THE BARONESS HAMWEE

123Page 22, line 18, at end insert—
"(   )  Where a 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
THE BARONESS HAMWEE

124Page 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."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

125Page 22, line 32, after "notice" insert "no later than three months from the date of the ballot"
 

Clause 56

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

126Page 23, line 41, leave out subsection (4)
 

THE LORD ROOKER

127Page 24, line 6, at end insert—
"(   )  No regulations under subsection (4) shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 57

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

128Page 24, line 8, at end insert—
"(   )  No regulations may be made under subsection (1) unless a draft of the regulations has been laid before and approved by both Houses of Parliament."
129Page 24, line 12, leave out paragraph (b)
130Page 24, line 19, leave out paragraph (h)
 

THE LORD ROOKER

131Page 24, line 23, at end insert—
"(   )  No regulations under subsection (1) which include provision of the kind mentioned in subsection (2)(b) shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament."
 

After Clause 57

 

THE LORD JENKIN OF RODING
THE BARONESS HANHAM
THE BARONESS HAMWEE

132Insert the following new Clause—
  "Restriction on reimbursement of levy
  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 the BID levy shall be determined by reference to the instrument creating that new interest."
 

Clause 58

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

133Page 24, line 30, at end insert—
"(   )  No regulations may be made under subsection (1) unless a draft of the regulations has been laid before and approved by both Houses of Parliament."
134Page 24, line 31, leave out subsection (2)
 

THE LORD ROOKER

135Page 24, line 32, at end insert—
"(   )  No regulations under subsection (1) which include provision amending an Act shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 63

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

136Page 27, line 13, leave out subsection (5)
137Page 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."
 

After Clause 63

 

THE LORD PHILLIPS OF SUDBURY
THE LORD WEATHERILL
THE LORD MACLAURIN OF KNEBWORTH

138Insert the following new Clause—
  "Relief for charities and community amateur sports clubs
(1)  In section 43 of the 1988 Act (occupied hereditaments: liability) for subsection (6) there is substituted—
    "(6)  This subsection applies where on the day concerned the ratepayer is—
    (a)  a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities); or
    (b)  a community amateur sports club within the meaning of Schedule 18 to the Finance Act 2002 (c. 23) (relief for community amateur sports clubs) and the hereditament is wholly or mainly used for the purposes of that club or of that and any other such community amateur sports club or clubs."
(2)  In section 45 of that Act (unoccupied hereditaments: liability) for subsection (6) there is substituted—
    "(6)  This subsection applies where on the day concerned the ratepayer is—
    (a)  a charity or trustees for a charity and it appears that when next in use the hereditament will be wholly or mainly used for charitable purposes (whether of that charity or of that and other charities); or
    (b)  a community amateur sports club within the meaning of Schedule 18 to the Finance Act 2002 and it appears that when next in use the hereditament will be wholly or mainly used for the purposes of that club or of that and any other such community amateur sports club or clubs.""

 
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©Parliamentary copyright 2003
30 May 2003