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

House of Lords

back to previous amendments

 

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
THE BARONESS HAMWEE
THE BARONESS MADDOCK

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."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

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.""
 

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—
"(   )  For paragraph 2(1)(a) (which defines agricultural land) there is substituted—
"(a)  land used only or mainly as arable, meadow or pasture ground,"."
142Page 33, line 39, at end insert—
"(   )  After paragraph 2(1)(e) there shall be inserted—
"(f)  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)"."
143Page 33, line 39, at end insert—
"(   )  In paragraph (3), 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 (orders and regulations), 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 paragraph 5C above 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.

 
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©Parliamentary copyright 2003
3 June 2003