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

House of Lords

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Clause 64

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 64 stand part of the Bill.
 

Clause 66

 

THE EARL OF CAITHNESS
THE BARONESS HANHAM
THE LORD HANNINGFIELD

139Page 32, leave out lines 39 to 44 and insert—
    "(10)  In making regulations under this section, the Secretary of State shall have regard to the object of securing (so far as practicable) that the aggregate amount payable to him and all billing authorities by way of non-domestic rates as regards a relevant period is the same as the aggregate amount which would be so payable apart from the regulations.
140Page 32, leave out lines 39 to 44 and insert—
    (10A)  In making regulations under this section, the Secretary of State shall limit their application only to hereditaments whose rateable value for the first day of the financial year in which a new list is compiled changes from the rateable value shown for the hereditament for the last day of the financial year preceding the relevant year by a greater proportion than the change in E divided by D.
    (10B)  For the purposes of subsection (10A), E and D shall have the same meanings as in sub-paragraphs (6) and (7) of paragraph 5 to Schedule 7 of the 1988 Act."
 

Clause 68

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

141Page 33, line 39, at end insert—
"(   )  After paragraph (1) there is inserted—
      "For paragraph 2(1) (which defines agricultural land) there is substituted—
      "land used only or mainly as arable, meadow or pasture ground"""
142Page 33, line 39, at end insert—
"(   )  After paragraph (1) there is inserted—
      "After paragraph 2(1)(e) there shall be inserted—
      "land used only or mainly for the rearing of game birds as defined in section 27 of the Wildlife and Countryside Act 1981 (c. 69)"""
143*Page 33, line 39, at end insert—
"(   )  In paragraph (2) in line 23, leave out "solely" and insert "only or mainly"."
 

Clause 71

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

144Page 34, line 30, after "fit" insert "after consultation with all interested parties"
145Page 34, line 40, at end insert—
    "(4E)  Notwithstanding the provision of section 143 of the 1988 Act, no rules may be made under sub-paragraph (4A) unless a draft of the regulations containing them has been laid before Parliament and approved by resolution of each House."
146Page 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 (c. 10)."
 

THE EARL OF CAITHNESS
THE BARONESS HANHAM
THE LORD HANNINGFIELD

147Page 36, line 20, at end insert—
"(   )  No rule made under this section shall increase the individual liability for non-domestic rates of any ratepayer."
 

Clause 73

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

148Page 37, line 24, leave out "21" and insert "28"
 

THE EARL OF CAITHNESS
THE BARONESS HANHAM
THE LORD HANNINGFIELD

149Page 37, line 40, at end insert—
    "(6)  For the purposes of sub-paragraph (2) above—
    (a)  where a valuation officer serves a notice under this section, this will comply with guidance to be published by the Secretary of State for the purposes of this section; and
    (b)  before publishing any such guidance, the Secretary of State shall consult with such persons or organisations as appear to him to be relevant."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

150Page 38, line 6, leave out "may" and insert "shall"
151Page 38, line 14, at end insert—
  "Where an appeal made under this paragraph is withdrawn, a valuation officer may mitigate or repeal any penalty made under paragraph 5A above if satisfied on either or both of the grounds specified in paragraph 5C(6) above."
152Page 38, leave out lines 36 to 39
 

Clause 75

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

153Page 39, line 11, at end insert—
"(   )  After section 6(4) of the Local Government Finance Act 1992 (c. 14) there is inserted—
    "(   )  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.""
154Page 39, line 14, at end insert—
"(   )  After section 9(2) of the Local Government Finance Act 1992 (c. 14) there is inserted—
    "(   )  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

155Page 39, line 24, leave out "the Secretary of State sees fit" and insert "regulations under this section may provide"
156Page 39, line 31, leave out from first "area" to end
157Page 39, line 32, leave out "lesser"
158Page 39, line 33, leave out "of at least 10"
159Page 39, line 33, leave out "so"
160Page 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."
161Page 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."
162Page 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."
163Page 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."
164Page 40, line 9, at end insert—
    "(   )  If a billing authority makes a determination under this section, it shall be disregarded for the purposes of distributing revenue support grant to receiving authorities under section 78 of the Local Government Finance Act 1988 (c. 41) (revenue support grant)."
165Page 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 77

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

166Page 40, line 20, leave out "in relation to particular cases or"
 

Clause 78

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

167Page 40, leave out lines 27 to 29
168Page 40, line 32, leave out "2005" and insert "2007"
169Page 40, leave out lines 33 to 39 and insert—
    "(   )  After 1st 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 EARL OF CAITHNESS

170Page 40, line 33, leave out "tenth" and insert "fifth"
 

THE LORD SMITH OF LEIGH

171Page 41, line 25, at end insert—
    "22CRolling revaluation
    (1)  The billing authority shall revise the valuation list on an annual basis following advice from the relevant government department.
    (2)  This advice shall reflect the change in house prices for the billing authority's area based upon a comprehensive range of data for each region and provided for each council tax band.
    (3)  This advice shall be laid before, and approved by, the House of Commons.""
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 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

172Page 41, line 32, at end insert "provided that such change does not alter the ratio between the top and bottom band.
(   )  The power under subsection (4A) shall not be used to alter the ratio between the top and bottom bands set out in subsection (1)."
173Page 41, line 32, at end insert—
    "(   )  Any order made under this section may apply to a billing authority or any number of billing authorities.""
174Page 41, line 32, at end insert—
    "(   )  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.""
 The above-named Lords give notice of their intention to oppose the Question that Clause 79 stand part of the Bill.
 

Clause 80

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

175Page 42, line 13, leave out "different from" and insert "lower than"
176Page 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 84

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

177Page 44, line 8, leave out subsection (2)
 

Clause 88

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

178Page 45, line 30, at beginning insert "Subject to subsection (5),"
179Page 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

180Page 46, line 43, leave out "determine" and insert "order"
181Page 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 91

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

182Page 48, line 35, at end insert—
"(6)  The Secretary of State or the National Assembly for Wales shall keep for each financial year an account (to be called a "negative housing subsidy account") and—
(a)  the Secretary of State or the National Assembly for Wales shall keep each account in such form as the Treasury may direct, and
(b)  the Secretary of State or the National Assembly for Wales shall at such time as the Treasury may direct send copies of each account to the Comptroller and Auditor General.
(7)  The Comptroller and Auditor General shall examine, certify and report on any account sent to him under subsection (2) above and shall lay copies of the account and his report before each House of Parliament or in the case of Wales before the National Assembly for Wales.
(8)  For each financial year, sums received by the appropriate person in the year under subsection (1)(b) above shall be credited to the account kept for the year.
(9)  For each financial year, payments made by the Secretary of State, or in the case of Wales the National Assembly for Wales, in the year under subsection (11) below shall be debited to the account kept for the year.
(10)  Before a financial year begins the Secretary of State, or in the case of Wales the National Assembly for Wales, shall estimate—
(a)  the aggregate of the items of account that will be credited to the account kept for the year, and
(b)  the aggregate of the items of account that will be debited to the account kept for the year under paragraph (9) above.
(11)  The Secretary of State or the National Assembly for Wales shall make payments to the housing revenue accounts of local authorities.
(12)  The aggregate of the payments made under subsection (11) above shall not be less than the estimate made by the Secretary of State or the National Assembly for Wales under subsection (10)(a) above.
(13)  The Secretary of State or the National Assembly for Wales shall determine a scheme for the payments to local authorities, and the scheme shall take account of the need for investment in the housing owned by that authority.
(14)  In this section "local authority" means—
(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,
(iv)  the Common Council of the City of London, or
(v)  the Council of the Isles of Scilly;
(b)  in relation to Wales, a county council or a county borough council."

 
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©Parliamentary copyright 2003
30 May 2003