House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Local Government Bill

Local Government Bill


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 19th May 2003, as follows—

Clauses 27 to 42
Schedule 2
Clauses 43 to 101
Schedule 3
Clauses 102 to 106
Schedule 4
Clause 107
Schedule 5
Clauses 108 to 126
Schedules 6 and 7
Clauses 127 and 128

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 27

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

74Page 12, line 4, leave out subsection (1)
75Page 12, line 8, leave out "previous" and insert "forthcoming"
76Page 12, line 9, leave out "a controlled reserve is or is" and insert "the authority's reserves are or are"
77Page 12, line 13, leave out "corresponding"
78Page 12, line 15, leave out subsection (3)
79Page 12, line 22, leave out from second "the" to end of line 23 and insert "budget for the forthcoming financial year"
 

Clause 28

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 28 stand part of the Bill.
 

Clause 29

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

79APage 13, line 21, after "situation" insert "and the Mayor of London shall report the deterioration to the Chair of the London Assembly"
 

Clause 31

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

80Page 14, line 25, leave out subsection (1)
81Page 14, line 25, leave out "A Minister of the Crown" and insert "The Secretary of State"
82Page 14, line 26, leave out "incurred or"
83Page 14, line 26, at end insert "provided that the grant is available to all other local authorities of the same category on the same terms and those terms have been publicly certified as equitable by the accounting officer of the Department and that all documents and correspondence relating to decisions on such grant are made available annually to the Comptroller and Auditor General"
84Page 14, line 27, leave out subsection (2)
85Page 14, line 27, leave out "and the manner of its payment are" and insert "is"
86Page 14, line 28, leave out from "be" to end and insert "made by order made by the Secretary of State.
(2A)  No order may be made under subsection (2) unless a draft of the order has been laid before, and approved by resolution of, both Houses of Parliament."
87Page 14, line 28, leave out "Minister of the Crown concerned" and insert "Secretary of State"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

87APage 14, line 29, leave out subsections (3) and (4)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

88Page 14, line 29, leave out "such"
89Page 14, line 29, leave out from "conditions" to end of line 30 and insert "set out in accordance with an order made by the Secretary of State.
(3A)  No order may be made under subsection (3) unless a draft of the order has been laid before, and approved by resolution of, both Houses of Parliament."
90Page 14, line 32, leave out paragraph (a)
91Page 14, line 36, leave out "with the consent of the Treasury" and insert "only in accordance with the terms of an order or orders made by the Secretary of State.
(5A)  No order may be made under subsection (5) unless a draft of the order has been laid before, and approved by resolution of, both Houses of Parliament."
92Page 14, line 36, 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."
93Page 14, line 36, at end insert—
"(   )  For each financial year the Secretary of State shall publish a table setting out—
(a)  the grants made to each local authority under this section;
(b)  the size and purpose of the grant; and
(c)  the political control of the authority at the time the grant was made."
94Page 14, line 36, at end insert—
"(   )  It shall be unlawful for the Secretary of State or his officials to take into account the political control of an authority in reaching a decision under this section.
(   )  No power may be exercised under this section unless the Secretary of State and the accounting officer of the Department both certify to Parliament that the political control of a local authority, or local authorities, was not considered by them or the Department or its officials or advisers in reaching the decision to pay a grant under this section, and that notes have been kept of all conversations or meetings involving Ministers or their special advisers relating to the decision."
95Page 14, line 36, at end insert—
"(   )  No power may be exercised under this section—
(a)  more than four years into the term of a Parliament;
(b)  less than six months before a local authority, regional or European parliamentary election;
(c)  in relation to local authorities forming part of a parliamentary constituency, between the death or resignation of the member of parliament representing that constituency and the date of a by-election to fill the vacancy;
(d)  while there is a vacancy among the members of the local authority concerned which is due to be filled by an election or by-election."
 The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.
 

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

97APage 16, line 14, at end insert—
"(   )  charter trustees subject to any of those duties."
97BPage 16, line 24, leave out subsections (4) and (5)
97CPage 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

100APage 17, line 15, leave out subsections (4) and (5)
100BPage 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

101APage 17, line 35, leave out "any of the following"
101BPage 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
THE LORD ROGERS OF RIVERSIDE

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

115APage 20, line 23, leave out "or required"
 

After Clause 48

 

THE LORD JENKIN OF RODING
THE BARONESS HANHAM
THE BARONESS HAMWEE
THE LORD ROGERS OF RIVERSIDE

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."

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
9 June 2003