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Amendments to the Local Government Bill

Local Government Bill


REVISED
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 3rd July 2003, as follows—

Clauses 16 to 19
Schedule 1
Clauses 20 to 42
Schedule 2
Clauses 43 to 93
Clauses 122 to 126
Schedules 6 and 7
Clauses 127 and 128

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 16

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

32APage 7, line 18, leave out ", or as not being,"
 

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 Acts either operating in its area or operating as a local authority association."
 

Clause 26

 

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

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"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

42APage 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

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."
44[Retabled as amendment 42A]
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

47Page 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 43

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE LORD JENKIN OF RODING
THE BARONESS HAMWEE

52APage 20, line 14, at end insert ", and
(c)  those projects to be financed (in whole or in part) by a levy (an "owner levy") imposed on those holding property interests other than non-domestic ratepayers ("property owners")."
 

Clause 45

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

52AAPage 20, line 31, leave out "or required"
 

After Clause 48

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE LORD JENKIN OF RODING
THE BARONESS HAMWEE

52BInsert the following new Clause—
  "Power to introduce owners by order
(1)  The Secretary of State may by regulations make provision for or in connection with enabling BID arrangements with respect to a business improvement district to provide for the imposition of an owner levy on property owners.
(2)  The Secretary of State may by regulations make provision for obtaining particulars of information in connection with the ownership of land (pursuant to section 16 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (power of local authorities to obtain particulars of persons interested in land)) for the purposes of BID proposals and BID arrangements.
(3)  The Secretary of State may by regulations make provision for or in connection with respect to the liability for, administration, collection, recovery and application of owner levy.
(4)  BID arrangements shall not include provision for the inclusion of property owners other than on a voluntary basis until such time as the Secretary of State has made regulations under subsection (1).
(5)  No regulations made under this section 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, each House of Parliament."
 

Clause 49

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE LORD JENKIN OF RODING
THE BARONESS HAMWEE

52CPage 21, line 26, after "levy" insert "or owner levy"
 

Clause 50

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

52CAPage 22, line 5, leave out subsection (3)
 

Clause 51

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE LORD JENKIN OF RODING
THE BARONESS HAMWEE

52DPage 22, line 11, after "ratepayers" insert "and property owners"
52EPage 22, line 12, at end insert "or owner levy"
 

Clause 53

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

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

Clause 55

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE LORD JENKIN OF RODING
THE BARONESS HAMWEE

53APage 23, line 39, at end insert "or owner levy"
 

Clause 56

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE LORD JENKIN OF RODING
THE BARONESS HAMWEE

53BPage 24, line 7, after "ratepayers" insert "and property owners"
53CPage 24, line 8, at end insert "or owner levy"
 

Clause 57

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD
THE LORD JENKIN OF RODING
THE BARONESS HAMWEE

53DPage 24, line 30, at end insert—
"(ba)  as to the property owners entitled to vote in a 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
THE LORD WEATHERILL

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"
59APage 33, line 37, at end insert—
    "(10A)  For the purposes of subsection (10) above, the Secretary of State shall estimate the difference between—
    (a)  the aggregate amount which would, apart from the regulations, be payable to him and all billing authorities by way of non-domestic rates as regards a relevant period, and;
    (b)  the aggregate amount which will be payable having regard to rules prescribed under subsection (4) above.
    (10B)  This difference shall be recovered by applying a surcharge to the non-domestic rating multiplier for each relevant financial year which shall be applied to the liability for each relevant hereditament."
 

Clause 68

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

59BPage 34, line 33, 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,"."
59CPage 34, line 33, 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)"."
59DPage 34, line 33, at end insert—
"(   )  In paragraph 3, leave out "solely" and insert "only or mainly"."
 

THE BARONESS BYFORD
THE BARONESS HANHAM

59E*Page 34, line 38, leave out "solely in connection with" and insert "mainly to add value to"
59F*Page 34, line 39, at end insert—
"(   )  it is not more than 250m3 and is used mainly in connection with agricultural operations,"

 
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©Parliamentary copyright 2003
16 July 2003