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Amendments to the Local Government Bill

Local Government Bill


FOURTH
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—

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 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."
 

Clause 49

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE LORD ROOKER
THE BARONESS HAMWEE

117Page 21, line 21, leave out subsection (5)
 

Clause 50

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

117APage 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
THE LORD ROGERS OF RIVERSIDE

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
THE LORD ROGERS OF RIVERSIDE

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

123APage 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
THE LORD ROGERS OF RIVERSIDE

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

125APage 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

130APage 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."
 

After Clause 57

 

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

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
THE BARONESS HAMWEE

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
THE EARL OF CAITHNESS

136Page 27, line 13, leave out subsection (5)
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

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
THE LORD SHEPPARD OF LIVERPOOL

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
                            28(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.""
 

THE LORD SMITH OF LEIGH
[As an amendment to amendment 138]

138ZALine 28, at end insert—
"(3)  To qualify for the relief, community amateur sports clubs must demonstrate they will invest their relief into their sporting activities.""
 

Clause 64

 

THE EARL OF CAITHNESS
THE BARONESS HANHAM
THE LORD HANNINGFIELD

138APage 27, line 38, leave out subsection (3)
138BPage 29, line 6, leave out subsection (4)
 

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."
140APage 33, line 5, leave out "differ from" and insert "are greater than"

 
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©Parliamentary copyright 2003
11 June 2003