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

House of Lords

back to previous amendments

 

Clause 4

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

27Page 3, line 5, leave out subsections (2) to (6) and insert—
"(   )  No regulations may be made under this section unless—
(a)  the Secretary of State has consulted such representatives of local government as appear to him to be appropriate,
(b)  he has laid before each House of Parliament a report explaining the reasons why he considers it necessary that the regulations be made, and
(c)  the report has been approved by resolutions of each House of Parliament.
(   )  Section 122(1) and (2) do not apply to regulations made under this section."
 

Clause 8

 

THE LORD ROOKER

28Page 4, line 35, leave out subsection (4)
 

Clause 11

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

29Page 5, line 38, leave out paragraph (b)
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

30*Page 5, line 39, leave out "paid to the Secretary of State" and insert "used only to meet capital expenditure in connection with the local authority's functions under Part 2 of the Housing Act 1985 (c. 68) (provision of housing accommodation) or the local authority's functions under any other enactment if in the opinion of the authority such expenditure would provide economic, social or environmental benefits to the inhabitants of its area"
31*Page 6, line 3, leave out subsection (5)
 

After Clause 11

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

32*Insert the following new Clause—
  "Use of Housing Capital Receipts—reserved portion
(1)  This section applies to capital receipts paid to the Secretary of State pursuant to section 11(2)(b).
(2)  The Secretary of State shall pay to each local authority which makes a payment to him of a capital receipt pursuant to section 11(2)(b) a special grant equivalent to fifty per cent of such capital receipt paid to him for the use by the local authority solely for the purposes of—
(a)  defraying the cost of capital works to any building or land in relation to which the local authority is or has been subject to a duty under section 74 of the Local Government and Housing Act 1989 (c. 42) (duty to keep housing revenue account); and
(b)  securing the provision of housing within the local authority area by a registered social landlord in respect of which the local authority shall have the right to nominate the occupier.
(3)  Any grant which falls to be paid by the Secretary of State pursuant to subsection (2) above shall be paid in the financial year in which the Secretary of State receives the payment from the local authority pursuant to section 11(2)(b) in relation to which the grant becomes payable."
 

Clause 18

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

33Page 8, line 33, at end insert—
"(5)  A local authority may make and issue a guarantee in respect of membership of a company incorporated under the Companies Act either operating in its area or operating as a local authority association."
 

Clause 26

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

34Leave out Clause 26
 

Clause 27

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

35Page 12, line 11, leave out subsection (1)
36Page 12, line 15, leave out "previous" and insert "forthcoming"
37Page 12, line 16, leave out "a controlled reserve is or is" and insert "the authority's reserves are or are"
38Page 12, line 20, leave out "corresponding"
39Page 12, line 22, leave out subsection (3)
40Page 12, line 29, leave out from second "the" to end of line 30 and insert "budget for the forthcoming financial year"
 

Clause 28

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

41Leave out Clause 28
 

Clause 31

 

THE LORD ROOKER

42Page 14, line 29, after "authority" insert "in England"
43Page 14, line 30, at end insert—
"(   )  A Minister of the Crown, or the National Assembly for Wales, may pay a grant to a local authority in Wales towards expenditure incurred or to be incurred by it."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

44*Page 14, line 30, 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 decision on such grants are made available annually to the Comptroller and Auditor General"
 

THE LORD ROOKER

45Page 14, line 32, leave out "Minister of the Crown concerned" and insert "person paying it"
46Page 14, line 33, leave out "Minister of the Crown concerned" and insert "person paying it"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

47*Page 14, line 40, 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."
 

Clause 32

 

THE LORD ROOKER

48Leave out Clause 32
 

Clause 34

 

THE LORD ROOKER

49Leave out Clause 34
 

Clause 35

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

50Page 16, line 11, at end insert—
"(   )  No power under this section is to be exercisable in relation to a regional assembly in England."
 

Clause 40

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

51Page 18, line 21, 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."
 

Clause 41

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

52Page 19, line 5, 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."
 

Clause 53

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

53Page 23, line 3, after "notice" insert "no later than 3 months from the date of the ballot"
 

Clause 60

 

THE LORD ROOKER

54Page 25, line 21, leave out from beginning to "to" in line 22 and insert—
"(   )  Sections 56(7), 57(4) and 58(3) do not apply in relation to Wales.
(   )  In their application in relation to Wales—
(a)  the remaining provisions of this Part have effect as if for each reference in those provisions"
 

After Clause 63

 

THE LORD PHILLIPS OF SUDBURY
THE LORD MOYNIHAN

55Insert 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 communty 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

56Page 28, line 25, leave out subsection (3)
57Page 29, line 37, leave out subsection (4)
 

Clause 66

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

58Page 33, line 8, leave out "be the same as or different from" and insert ", subject to subsection (10A) below, be less than but no greater than"
59Page 33, line 35, leave out "particular financial year" and insert "relevant period"
 

Clause 71

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

60Page 35, line 24, after "fit" insert "after consultation with all interested parties"
61Page 35, line 34, 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.""
62Page 37, line 13, at end insert—
"(10)  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

63Page 38, line 45, leave out "may" and insert "shall"
64Page 39, line 5, at end insert—
    "(7)  Where an appeal made under this paragraph 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."
65Page 39, leave out lines 27 to 30
66Page 39, line 35, at end insert—
  "For the purposes of paragraph 5A(2) above—
(a)  where a valuation officer serves a notice under any of paragraphs 5A to 5H the notice must comply with guidance to be published by the Secretary of State for the purposes of those paragraphs; 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."
 

Clause 76

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

67*Page 40, line 38, at end insert—
"(   )  No dwelling may be prescribed by the Secretary of State under subsection (1) above on the grounds 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 grounds that a dwelling is unoccupied if it is unoccupied by reason of long-term illness or infirmity."
 

THE LORD ROOKER

68Page 41, line 6, at end insert—
"(2)  For section 12 of that Act (discounts: special provision for Wales) there is substituted—
    "12Discounts: special provision for Wales
    (1)  The National Assembly for Wales may for any financial year by regulations prescribe one or more classes of dwelling in Wales for the purposes of subsection (3) or (4) below.
    (2)  A class of dwellings may be prescribed under subsection (1) above by reference to such factors as the Assembly sees fit and may, in particular, be prescribed by reference to—
    (a)  the physical characteristics of dwellings, or
    (b)  the fact that dwellings are unoccupied.
    (3)  For any financial year for which a class of dwellings is prescribed for the purposes of this subsection, a billing authority in Wales may by determination provide in relation to all dwellings of that class in its area, or in such part of its area as it may specify in the determination, that the discount under section 11(2)(a) shall be such lesser percentage of at least 10 as it may so specify.
    (4)  For any financial year for which a class of dwellings is prescribed for the purposes of this subsection, a billing authority in Wales may by determination provide in relation to all dwellings of that class in its area, or in such part of its area as it may specify in the determination—
    (a)  that the discount under section 11(2)(a) above shall not apply, or
    (b)  that the discount under that provision shall be such lesser percentage as it may so specify.
    (5)  A billing authority may make a determination varying or revoking a determination under subsection (3) or (4) for a financial year, but only before the beginning of the year.
    (6)  A billing authority which makes a determination under this section shall publish a notice of it in at least one newspaper circulating in its area and do so before the end of the period of 21 days beginning with the date of the determination.
    (7)  Failure to comply with subsection (6) above shall not affect the validity of a determination."
(3)  Where immediately before the day on which subsection (2) comes into force regulations under section 12(1) of that Act are in force which apply in relation to a financial year beginning on or after that day, the regulations, so far as relating to such a financial year, shall on and after that day have effect as if—
(a)  they were made under section 12(1) of that Act as substituted by this section, and
(b)  each class of dwellings which they prescribe were prescribed for the purposes of section 12(4) of that Act as so substituted.
(4)  Where immediately before that day a determination under section 12(1) of that Act is in force which applies in relation to a financial year beginning on or after that day, the determination, so far as relating to such a financial year, shall on and after that day have effect as if made under section 12(4) of that Act, as substituted by this section, in relation to the whole of the area of the authority which made the determination.
(5)  In its application by virtue of subsection (4), a determination under section 12(1) of that Act shall have effect—
(a)  if it provided for section 12(2) of that Act to have effect in substitution for section 11(2)(a) of that Act, as if it provided for the discount under that provision to be twenty-five per cent.;
(b)  if it provided for section 12(3) of that Act to have effect in substitution for section 11(2)(a) of that Act, as if it provided for the discount under that provision not to apply."
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

69*Page 41, line 6, 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)."
70*Page 41, line 6, 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."

 
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9 July 2003