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Local Government Bill


Local Government Bill
Part 6 — Council tax

    43

 

 77    Power to change number of valuation bands

In section 5 of the Local Government Finance Act 1992 (c. 14) (valuation bands),

after subsection (4) there is inserted—

           “(4A)              The power under subsection (4)(b) above includes power to make

provision for a different number of valuation bands from those which

5

are for the time being effective for the purposes of subsection (2) or (3)

above.”

 78    Transitional arrangements

After section 13A of the Local Government Finance Act 1992 there is inserted—

       “13B            Transitional arrangements

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           (1)           The Secretary of State may by regulations make provision for the

purpose of smoothing changes in council tax liability resulting from the

coming into force in relation to a billing authority in England of—

                  (a)                 an order under section 5 above, or

                  (b)                 a list under section 22B below.

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           (2)           The National Assembly for Wales may by regulations make provision

for the purpose of smoothing changes in council tax liability resulting

from the coming into force in relation to a billing authority in Wales

of—

                  (a)                 an order under section 5 above, or

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                  (b)                 a list under section 22B below.

           (3)           Regulations under this section may, in particular—

                  (a)                 make provision about the circumstances in which changes are

to be smoothed;

                  (b)                 make provision for changes to be smoothed over such one or

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more financial years as may be specified in the regulations;

                  (c)                 make provision for liability for any financial year to be

determined in accordance with such rules as may be so

specified, which may result in liability being the same as or

different from what it would otherwise be.

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           (4)           Without prejudice to section 113(1) below, regulations under this

section may make different provision for different financial years.

           (5)           To the extent that he would not have power to do so apart from this

subsection, the Secretary of State may—

                  (a)                 include in regulations made by him under this section such

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amendments of any social security instrument as he thinks

expedient in consequence of the regulations;

                  (b)                 include in any social security instrument such provision as he

thinks expedient in consequence of regulations under this

section.

40

           (6)           In subsection (5) above, “social security instrument” has the meaning

given by section 13(10) above.”

 

 

Local Government Bill
Part 6 — Council tax

    44

 

Enforcement

 79    Amendments relating to distress

     (1)    Schedule 4 to the Local Government Finance Act 1992 (c. 14) (enforcement) is

amended as follows.

     (2)    In paragraph 5(1) (power to authorise making of attachment of earnings orders

5

against persons subject to liability orders), in paragraph (a) (under which

attachment of earnings may be authorised to secure payment of any

outstanding sum which is or forms part of the amount in respect of which a

liability order was made), for the words from “any outstanding sum” to the

end there is substituted “the appropriate amount”.

10

     (3)    After that sub-paragraph there is inserted—

         “(1A)                               For the purposes of this paragraph the appropriate amount is the

aggregate of—

                    (a)                   any outstanding sum which is or forms part of the amount in

respect of which the liability order was made; and

15

                    (b)                   where the authority concerned has sought to levy an amount

by distress and sale of the debtor’s goods under provision

included by virtue of paragraph 7 below and the person

making the distress has reported that he was unable (for

whatever reason) to find any or sufficient goods of the debtor

20

on which to levy the amount—

                           (i)                          such sum as is referred to in sub-paragraph (2)(b) of

that paragraph, and

                           (ii)                         if the authority has applied for the issue of a warrant

committing the debtor to prison under provision

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included by virtue of paragraph 8 below, a sum (of a

prescribed amount or an amount determined in

accordance with prescribed rules) in respect of the

costs of the application.”

     (4)    In paragraph 7 (distress), after sub-paragraph (4) there is inserted—

30

        “(4A)                               The regulations may include provision with respect to the supply of

information to the debtor by—

                    (a)                   a person who makes, or attempts to make, a distress, or

                    (b)                   where it has levied any amount by distress, the authority

concerned.”

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 80    Charging orders: aggregation

In Schedule 4 to the Local Government Finance Act 1992 (enforcement), after

paragraph 11 there is inserted—

        “11A                                Regulations under paragraph 1(1)(a) above may provide that two or

more liability orders against the same person shall be treated as a

40

single liability order for the purposes of provision included by virtue

of paragraph 11 above if an application under such provision could

be made in respect of each of them in relation to the same dwelling.”

 

 

Local Government Bill
Part 6 — Council tax

    45

 

 81    Quashing of liability orders

In Schedule 4 to the Local Government Finance Act 1992 (enforcement), after

paragraph 12 there is inserted—

“Quashing of liability orders

        12A                Regulations under paragraph 1(1) above may provide—

5

                    (a)                   that, where on an application by the authority concerned a

magistrates’ court is satisfied that a liability order should not

have been made, it shall quash the order;

                    (b)                   that, where on an application to a magistrates’ court for the

quashing of a liability order, the court is satisfied that, had

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the original application been for a liability order in respect of

a lesser sum payable, such an order could properly have been

made, it shall substitute a liability order in respect of the

aggregate of—

                           (i)                          that lesser sum, and

15

                           (ii)                         any sum included in the quashed order in respect of

the costs incurred in obtaining it.”

Other

 82    Major precepting authorities: combined fire authorities

     (1)    In section 39(1) of the Local Government Finance Act 1992 (c. 14) (which

20

specifies the authorities which are major precepting authorities for the

purposes of Part 1 of that Act), after paragraph (d) there is inserted—

                  “(da)                    a fire authority in England constituted by a combination scheme

made under section 6 of the Fire Services Act 1947;”.

     (2)    The National Assembly for Wales may by order amend section 39(1)(da) of the

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Local Government Finance Act 1992 for the purpose of extending the provision

to fire authorities in Wales.

     (3)    Before making an order under subsection (2), the National Assembly for Wales

shall consult—

           (a)           such bodies or persons appearing to it to be representative of the

30

interests of local government in Wales, and

           (b)           such other bodies or persons,

            as it may consider appropriate.

 83    Amendment of section 67 of the Local Government Finance Act 1992

     (1)    Section 67 of the Local Government Finance Act 1992 (under which certain

35

council tax functions must be discharged only by an authority as a whole) is

amended as follows.

     (2)    In subsection (1), for “Subject to subsections (3) and (3A) below,” there is

substituted “Subject to subsections (2A) to (3A) below,”.

     (3)    After subsection (2) there is inserted—

40

           “(2A)              Subsection (1) does not apply to the following functions—

 

 

Local Government Bill
Part 6 — Council tax

    46

 

                  (a)                 the determination of an amount for item T in section 33(1)

above;

                  (b)                 the determination of an amount for item TP in section 34(3)

above;

                  (c)                 the determination of an amount for item T in section 44(1)

5

above;

                  (d)                 the determination of an amount for item TP in section 45(3)

above;

                  (e)                 the determination of an amount for item TP in section 48(3) or

(4) above;

10

                  (f)                 the determination of an amount for item T in section 88(2) of the

Greater London Authority Act 1999 (c. 29);

                  (g)                 the determination of an amount for item TP2 in section 89(4) of

that Act;

                  (h)                 the determination of an amount required for determining an

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amount for the item mentioned in paragraph (c), (d), (f) or (g)

above.”

 84    Vacant dwellings: use of information obtained for council tax purposes

In Schedule 2 to the Local Government Finance Act 1992 (c. 14) (council tax:

administration), after paragraph 18 there is inserted—

20

        “18A               (1)                A billing authority may use information it has obtained for the

purpose of carrying out its functions under Part 1 of this Act for the

purpose of—

                    (a)                   identifying vacant dwellings, or

                    (b)                   taking steps to bring vacant dwellings back into use.

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                       (2)                The power under sub-paragraph (1) above, so far as relating to

personal information, extends only to information which consists of

an individual’s name or an address or number for communicating

with him.

                       (3)                In this paragraph—

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                     “personal information” means information which relates to an

individual (living or dead) who can be identified—

                            (a)                           from that information, or

                            (b)                           from that information and other information of the

authority,

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                       and includes any expression of opinion about the individual

and any indication of the intentions of any person in respect

of the individual;

                     “vacant dwelling” means a dwelling in which no one lives and

which is substantially unfurnished.”

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 85    Repeal of section 31 of the Local Government Act 1999

Section 31 of the Local Government Act 1999 (c. 27) (further regulation of major

precepting authorities) ceases to have effect.

 

 

Local Government Bill
Part 7 — Housing finance etc

    47

 

Part 7

Housing finance etc

 86    Housing strategies and statements

     (1)    The appropriate person may—

           (a)           require a local housing authority to have a strategy in respect of such

5

matters relating to housing as the appropriate person may specify, and

           (b)           impose requirements with respect to—

                  (i)                 the ends that the strategy is to be designed to achieve,

                  (ii)                the formulation of policy for the purposes of the strategy, or

                  (iii)               review of the strategy.

10

     (2)    The appropriate person may require a local housing authority, by such time as

the appropriate person may specify, to prepare and supply the appropriate

person with a statement setting out such material of either of the following

descriptions as the appropriate person may specify—

           (a)           a strategy that the authority is required to have under subsection (1);

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           (b)           other material relating to housing.

     (3)    The appropriate person may, in relation to a statement whose preparation and

supply is required under subsection (2), impose requirements with respect

to—

           (a)           the contents of the statement;

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           (b)           the form of the statement;

           (c)           the statement’s supply to the appropriate person.

     (4)    In this section “local housing authority” has the same meaning as in the

Housing Act 1985 (c. 68).

 87    Housing Revenue Account business plans

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     (1)    The power under section 86(3) includes (in particular) power to require that

material—

           (a)           in a statement, and

           (b)           relating to property within the Housing Revenue Account of the

authority preparing the statement,

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            be designated in the statement as being, or forming part of, the authority’s

Housing Revenue Account business plan.

     (2)    All material that—

           (a)           in accordance with requirements imposed under 86(3) is so designated

in a statement prepared for the purposes of section 86(2) by an

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authority, and

           (b)           has not in a subsequent statement so prepared by the authority been

declared to be superseded or withdrawn,

            shall collectively be known as the authority’s Housing Revenue Account

business plan.

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     (3)    The reference in subsection (1) to property within an authority’s Housing

Revenue Account has the same meaning as in Part 6 of the Local Government

and Housing Act 1989 (c. 42) (housing finance).

 

 

 
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