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

House of Lords

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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.""
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

145APage 35, line 15, after "may" insert ", after consultation with representatives of billing and precepting authorities,"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

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 GALE

154A*Page 39, line 21, after "England" insert "and Wales"
 

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"
 

THE BARONESS GALE

155A*Page 39, line 29, after "England" insert "and Wales"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

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"
 

THE BARONESS GALE

159A*Page 39, line 35, after "England" insert "and Wales"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

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."
 

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

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.""
 

THE BARONESS GALE

165A*Page 40, line 9, at end insert—
"(   )  In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales."
 

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),"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

178APage 45, line 36, at end insert—
"(   )  The matters specified under subsection (1) shall include home energy reports under the Home Energy Conservation Act 1995 (c. 10)."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

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."

 
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©Parliamentary copyright 2003
11 June 2003