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

House of Lords

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Clause 32

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 32 stand part of the Bill.
 

Clause 33

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE BARONESS HAMWEE

 The above-named Lords give notice of their intention to oppose the Question that Clause 33 stand part of the Bill.
 

Clause 34

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 34 stand part of the Bill.
 

Clause 35

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

96Page 16, line 2, at end insert—
"(   )  a town and parish council"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

97Page 16, line 7, at end insert—
"(   )  No power under this section is to be exercisable in relation to a regional assembly in England."
 

Clause 36

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

97A*Page 16, line 14, at end insert—
"(   )  charter trustees subject to any of those duties."
97B*Page 16, line 24, leave out subsections (4) and (5)
97C*Page 16, line 33, leave out ", during or after" and insert "or during"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

98Page 16, line 35, leave out paragraph (c)
99Page 16, line 35, at end insert—
"(   )  Any determination made 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 the date of such determination."
 

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) (special grants) within not more than five months of such grant being made."
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

100A*Page 17, line 15, leave out subsections (4) and (5)
100B*Page 17, line 24, leave out "during or after" and insert "or during"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

101Page 17, line 26, leave out paragraph (c)
 

Clause 38

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

101A*Page 17, line 35, leave out "any of the following"
101B*Page 17, line 38, leave out from beginning to end of line 42
 

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."
 

Clause 45

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

115A*Page 20, line 23, leave out "or required"
 

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 50

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

117A*Page 21, line 34, leave out subsection (3)
 

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 BARONESS HAMWEE
THE BARONESS MADDOCK

123A*Page 22, line 29, at end insert "by regulations approved by an affirmative resolution of both Houses of Parliament"
 

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 54

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

125A*Page 23, line 7, at end insert—
"(   )  The regulations making provision for the matters referred to in subsection (2)(d) shall be subject to an affirmative resolution of both Houses of Parliament."
 

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 BARONESS HAMWEE
THE BARONESS MADDOCK

130A*Page 24, line 22, leave out subsection (3)
 

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."

 
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©Parliamentary copyright 2003
3 June 2003