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

House of Lords

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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    "(7)  Where an appeal made under this paragraph is withdrawn, a valuation officer may mitigate or repeal any penalty made under paragraph 5A above if satisfied on either or both of the grounds specified in paragraph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

67Page 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."
67APage 41, line 4, at end insert—
"(   )  Any additional revenues received by a local authority as a result of a determination under this section shall be retained by that authority and must be reinvested in housing or related environmental policies."
 

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
THE BARONESS HANHAM

69Page 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)."
70Page 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."
 

Clause 78

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

71Leave out Clause 78
 

Clause 79

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

72Page 42, line 27, 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).""
73Page 42, line 27, at end insert—
    "(   )  Any order made under this section may apply to a billing authority or any number of billing authorities.""
74Page 42, line 27, 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.""
75Leave out Clause 79
 

After Clause 80

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

76Insert the following new Clause—
  "Council tax appeals
(1)  Schedule 11 of the Local Government Finance Act 1988 (c. 41) (tribunals) is amended as follows.
(2)  After paragraph 11(1)(a) there is inserted—
"(aa)  an appeal which includes an issue of valuation arising out of a decision or order which is given or made by a tribunal on an appeal under section 23 above, shall be referred to the Lands Tribunal;"."
 

After Clause 84

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

76A*Insert the following new Clause—
  "Amendment of Schedule 6 of the Greater London Authority Act 1999
(1)  Schedule 6 of the Greater London Authority Act 1999 (c. 29) (procedure for determining the authority's consolidated budget requirement) is amended as follows.
(2)  In paragraph 8(4) (approval of mayor's final draft budget by the assembly), for the words "at least two-thirds" there is substituted "a majority""
 

Clause 86

 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

77Page 45, leave out line 42
78Page 46, leave out lines 9 to 11
 

Clause 88

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

79Page 46, line 38, at end insert—
"(   )  In carrying out their functions under this Part, the appropriate person and the local housing authority must have particular regard to the provisions of sections 1 to 3 of the Homelessness Act 2002 (c. 7)."
 

Clause 122

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

80Page 74, line 39, at end insert—
"(   )  Such power to make transitional provision shall be applied to ensure that any arrangements previously lawfully made pursuant to the provisions listed in section 101(2) shall not be made unlawful."
 

Schedule 6

 

THE BARONESS O'CATHAIN

81Page 102, line 34, at end insert—
 

"Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

(1)      In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), in paragraph 2 after "sex cinema" there is inserted ", adult cabaret club".
(2)      In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982, "adult cabaret club" means any premises, vehicle or stall used to a significant degree for—
(a)  any exhibition, performance or dance of any type where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(b)  any exhibition, performance or dance of any type where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description or simulation of—
(i)  human genitals in a state of sexual stimulation or arousal;
(ii)  acts of human masturbation, sexual intercourse or sodomy;
(iii)  fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
(c)  any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the adult cabaret club's activity and includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing."
 

THE LORD ROOKER

82Page 108, line 16, at end insert—
 "41A      In section 13(3) (reduced amounts), after "section 11" there is inserted ", 11A"."
83Page 109, line 13, at end insert ", and
(b)  for "12(1)" there is substituted "12"."
84Page 109, line 15, at end insert ", and
(b)  for "12(1)" there is substituted "12"."
 

Schedule 7

 

THE LORD ROOKER

84APage 115, line 10, column 2, at beginning insert—
  "In section 53(4A), paragraph (b) and the word "and" at the end of paragraph (a)."
85Page 115, line 43, column 2, at beginning insert—
  "In section 11(3), the words "and section 12 below"."

 
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16 July 2003