House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Local Government Bill


Local Government Bill
Part 4 — Business improvement districts

    20

 

 42    Joint arrangements

     (1)    The Secretary of State may by regulations make provision for or in connection

with enabling two or more billing authorities to make BID arrangements with

respect to a business improvement district comprising all or part of the area of

each of the authorities.

5

     (2)    The provision which may be made by regulations under this section includes

provision which modifies any provision made by or under this Part in its

application to such arrangements.

 43    Additional contributions and action

     (1)    The persons specified in subsection (2) may make financial contributions or

10

take action for the purpose of enabling the projects specified in BID

arrangements to be carried out.

     (2)    Those persons are—

           (a)           the billing authority which has made the arrangements,

           (b)           a county council or parish council any part of whose area falls within

15

the business improvement district, and

           (c)           any other person authorised or required to do so in accordance with the

arrangements.

 44    Duty to comply with arrangements

Where BID arrangements are in force, the billing authority which made the

20

arrangements must comply with them.

BID levy

 45    BID levy

     (1)    BID levy is to be imposed in a business improvement district only for periods

(“chargeable periods”) falling within the period in which BID arrangements

25

are in force in respect of the district.

     (2)    The length of any chargeable period, and the day on which it begins, are to be

such as may be specified in the BID arrangements.

     (3)    The amount of BID levy for any chargeable period—

           (a)           is to be calculated in such manner as may be provided in the BID

30

arrangements, and

           (b)           may be different for different cases.

 46    Liability for BID levy

     (1)    BID arrangements must specify the description of non-domestic ratepayers in

the business improvement district who are to be liable for BID levy for a

35

chargeable period.

     (2)    A person is to be liable for BID levy for a chargeable period if he falls within

that description at any time within the period.

 

 

Local Government Bill
Part 4 — Business improvement districts

    21

 

     (3)    The amount of a person’s liability for BID levy for any chargeable period is to

be determined in accordance with the BID arrangements.

     (4)    Any amount of BID levy for which a person is liable is to be paid to the billing

authority which made the arrangements.

Administration etc

5

 47    BID Revenue Account

     (1)    A billing authority which has made BID arrangements must, in accordance

with proper practices, keep an account, to be called the BID Revenue Account.

     (2)    Amounts paid to the authority by way of BID levy must be credited to the BID

Revenue Account.

10

     (3)    Amounts are to be debited to the BID Revenue Account only in accordance

with BID arrangements.

     (4)    The Secretary of State may by regulations make further provision in relation to

the BID Revenue Account.

 48    Administration of BID levy etc

15

     (1)    The Secretary of State may by regulations make provision with respect to the

imposition, administration, collection, recovery and application of BID levy.

     (2)    The provision which may be made by regulations under this section includes

provision—

           (a)           corresponding to any provision which may be made by regulations

20

under section 50 or 63 of, or Schedule 9 to, the Local Government

Finance Act 1988 (c. 41) (joint owners or occupiers, death and

administration of non-domestic rating);

           (b)           modifying or applying with modifications any provision made by

regulations under any of those provisions.

25

     (3)    Nothing in subsection (2) is to be taken as limiting the power conferred by

subsection (1).

Procedure

 49    BID proposals

     (1)    BID arrangements are not to come into force unless proposals for the

30

arrangements (“BID proposals”) are approved by a ballot of the non-domestic

ratepayers in the proposed business improvement district who are to be liable

for the proposed BID levy.

     (2)    The Secretary of State may by regulations make provision—

           (a)           as to the persons who may draw up BID proposals,

35

           (b)           as to the procedures to be followed in connection with the drawing up

of BID proposals,

           (c)           as to the matters to be included in BID proposals, and

 

 

Local Government Bill
Part 4 — Business improvement districts

    22

 

           (d)           as to the date which may be provided under BID proposals for the

coming into force of BID arrangements which give effect to the

proposals.

 50    Approval in ballot

     (1)    BID proposals are not to be regarded as approved by a ballot held for the

5

purposes of section 49(1) unless two conditions are satisfied.

     (2)    The first condition is that a majority of the persons voting in the ballot have

voted in favour of the BID proposals.

     (3)    The second condition is that A exceeds B.

     (4)    A is the aggregate of the rateable values of each hereditament in respect of

10

which a person voting in the ballot has voted in favour of the BID proposals.

     (5)    B is the aggregate of the rateable values of each hereditament in respect of

which a person voting in the ballot has voted against the BID proposals.

     (6)    For the purposes of subsections (4) and (5), the rateable value of a hereditament

is that shown on the day of the ballot under section 42(4) of the Local

15

Government Finance Act 1988 (c. 41).

 51    Power of veto

     (1)    This section applies where BID proposals are approved by a ballot held for the

purposes of section 49(1).

     (2)    The billing authority to which the proposals relate may, in prescribed

20

circumstances, veto the proposals within such period from the date of the

ballot as may be prescribed.

     (3)    In deciding whether to exercise the veto, a billing authority is to have regard to

such matters as may be prescribed.

     (4)    If a billing authority vetoes BID proposals, it must give notice of the exercise of

25

the veto to the persons entitled to vote in the ballot.

     (5)    The notice—

           (a)           must set out the reasons for the exercise of the veto, and

           (b)           must give details of the right of appeal under section 52.

     (6)    A copy of the notice must be sent to the Secretary of State.

30

 52    Appeal against veto

     (1)    Where a billing authority vetoes BID proposals, any person who was entitled

to vote in the ballot may appeal to the Secretary of State.

     (2)    The Secretary of State may by regulations make provision in relation to appeals

under this section, including provision—

35

           (a)           as to the time by which an appeal is to be made,

           (b)           as to the manner in which an appeal is to be made,

           (c)           as to the procedure to be followed in connection with an appeal, and

           (d)           as to the matters to be taken into account in deciding whether to allow

an appeal.

40

 

 

Local Government Bill
Part 4 — Business improvement districts

    23

 

 53    Commencement of BID arrangements

     (1)    This section applies where BID proposals are approved by a ballot held for the

purposes of section 49(1).

     (2)    The billing authority concerned must ensure that BID arrangements which

give effect to the proposals are made by the time the arrangements are to come

5

into force in accordance with this section.

     (3)    Subject to subsection (4), the BID arrangements are to come into force on such

day as may be provided under the BID proposals.

     (4)    If the BID proposals are vetoed under section 51, BID arrangements which give

effect to the proposals are not to come into force unless the Secretary of State

10

allows an appeal against the veto under section 52.

     (5)    Where the Secretary of State allows such an appeal, BID arrangements which

give effect to the proposals are to come into force on such day as the Secretary

of State may determine.

     (6)    The day determined under subsection (5) must not be earlier than the day

15

mentioned in subsection (3).

     (7)    Before making a determination under subsection (5), the Secretary of State

must consult—

           (a)           the billing authority concerned, and

           (b)           such persons as appear to him to be representative of the non-domestic

20

ratepayers who are to be liable for the proposed BID levy.

Miscellaneous

 54    Duration of BID arrangements etc

     (1)    BID arrangements are to have effect for such period (not exceeding 5 years) as

may be specified in the arrangements.

25

     (2)    BID arrangements may be renewed for one or more periods each of which

must not exceed 5 years, but only if the renewal of the arrangements on that or

each occasion is approved by a ballot of the non-domestic ratepayers in the

business improvement district who are liable for the BID levy.

     (3)    The renewal of BID arrangements is not to be regarded as approved by a ballot

30

held for the purposes of subsection (2) unless the two conditions in section 50

which apply to the approval of BID proposals are satisfied in relation to the

renewal of the arrangements.

     (4)    The Secretary of State may by regulations make provision—

           (a)           as to the alteration of BID arrangements, and

35

           (b)           as to the termination of BID arrangements.

     (5)    The provision which may be made by virtue of subsection (4)(a) or (b) includes

provision preventing or restricting the alteration or early termination of BID

arrangements.

     (6)    Nothing in subsection (5) is to be taken as limiting the power conferred by

40

subsection (4).

 

 

Local Government Bill
Part 4 — Business improvement districts

    24

 

     (7)    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.

 55    Regulations about ballots

5

     (1)    The Secretary of State may by regulations make provision in relation to ballots.

     (2)    The provision which may be made by regulations under this section includes

provision—

           (a)           as to the timing of ballots;

           (b)           as to the non-domestic ratepayers entitled to vote in a ballot;

10

           (c)           as to the question to be asked in a ballot;

           (d)           as to the form that ballots may take;

           (e)           as to the persons who are to hold ballots;

           (f)           as to the conduct of ballots;

           (g)           conferring power on the Secretary of State to declare ballots void in

15

cases of material irregularity;

           (h)           for or in connection with enabling a billing authority to recover the

costs of a ballot from such persons and in such circumstances as may be

prescribed.

     (3)    Nothing in subsection (2) is to be taken as limiting the power conferred by

20

subsection (1).

     (4)           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

25

approved by a resolution of, each House of Parliament.

     (5)    In this section “ballot” means a ballot held for the purposes of section 49(1) or

54(2).

 56    Power to make further provision

     (1)    The Secretary of State may by regulations make such supplementary,

30

incidental, consequential or transitional provision as he considers necessary or

expedient for the purposes of, in consequence of, or for giving full effect to, any

provision made by or under this Part.

     (2)    The provision which may be made under subsection (1) includes provision

amending any enactment (whenever passed or made).

35

     (3)           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.

40

 57    Crown application

This Part binds the Crown.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 18 July 2003