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

House of Lords

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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.""
 

Before Clause 81

 

THE EARL OF CAITHNESS
THE BARONESS HANHAM
THE LORD HANNINGFIELD

176AInsert the following new Clause—
  "Appeals
  In section 82(4) of the Local Government Finance Act 1992 (c. 14) (appeal procedure) for "on a point of law to the Court of Session" there is substituted "to the Lands Tribunal"."
 

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."
 

THE LORD SMITH OF LEIGH

179APage 46, line 8, at end insert—
"(   )  The provisions of this section shall not apply to those authorities identified as "excellent" under the provisions of sections 100 and 101."
 

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.""
 

THE LORD SMITH OF LEIGH

181APage 48, line 8, at end insert—
"(   )  The provisions of this section shall not apply to those authorities identified as "excellent" under the provisions of sections 100 and 101."
 

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 subsection (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.""
 

Clause 92

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

183Page 49, leave out lines 19 to 27
 

THE LORD ROOKER

184Page 49, line 20, leave out from first "of" to end of line 21 and insert "sections 74 to 76 and 78 of, and Schedule 4 to, this Act;"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

185Page 49, leave out lines 37 to 42
186Page 49, line 42, leave out "authorities" and insert "classes of authority"
 

Clause 93

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

187Page 50, line 8, leave out subsection (1)
188Page 50, line 11, leave out subsection (2)
 

Clause 94

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE BARONESS HAMWEE
THE BARONESS MADDOCK

189Page 50, line 28, leave out subsection (3)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE BARONESS HAMWEE

190Page 50, line 29, leave out from "the" to end of line 30 and insert "costs of provision do not exceed the income from charges under that subsection"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

190APage 50, line 30, at end insert—
"(   )  For the purposes of subsection (3) the costs of provision are all costs of, and incidental to, the provision of the service."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

191Page 50, line 31, leave out subsection (4)
192Page 50, line 33, leave out from beginning to "a"

 
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9 June 2003