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Local Government Bill


Local Government Bill
Schedule 3 — Amendment of powers exercisable in relation to local authorities

    90

 

amount specified under paragraph 11A(1)(b) above in the original

report.

                           (3)                  The calculation under sub-paragraph (2) above shall be in

accordance with the amended basis of distribution.

                           (4)                  The Assembly may carry out the sub-paragraph (2) calculation

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again at any time before—

                      (a)                     the end of the financial year immediately following the one

to which the original report relates, or

                      (b)                     if later, the end of the period of 3 months beginning with

the day on which the Assembly publishes the amending

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report.

                           (5)                  The power under sub-paragraph (4) above may only be exercised

once.

                           (6)                  Paragraphs 11B(7) and 11C above apply in relation to calculations

made under sub-paragraphs (2) and (4) above as they apply in

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relation to calculations made under paragraph 11B(3) and (5)

above.”

          (10)     In paragraph 15(1) (paragraph applies where calculation made under

paragraph 14(1) or (2)), after “14(1) or (2)” there is inserted “or 14A(2) or (4)”.

          (11)     In paragraph 15(6) (meaning of “the relevant previous calculation”)—

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              (a)             after “14(1)” (in each place) there is inserted “or 14A(2)”,

              (b)             after “11(3)” there is inserted “or 11B(3)”,

              (c)             after “11(4)” there is inserted “or 11B(5)”, and

              (d)             after “14(2)” (in each place) there is inserted “or 14A(4)”.

Schedule 3

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Section 99

 

Amendment of powers exercisable in relation to local authorities

Local Government and Housing Act 1989 (c. 42)

  1        The Local Government and Housing Act 1989 is amended as follows.

  2        In section 67 (orders under Part 5), at the end there is inserted—

              “(5)                The power under subsection (4) above to make differential provision

30

includes, in particular, power to make different provision for

different local authorities or descriptions of local authority.”

  3        In section 70 (requirements for companies under control or subject to

influence of local authorities), at the end there is inserted—

              “(6)                An order under subsection (1) may be made in relation to—

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                    (a)                   all local authorities,

                    (b)                   particular local authorities, or

                    (c)                   particular descriptions of local authority.”

Local Government Act 1999 (c. 27)

  4        The Local Government Act 1999 is amended as follows.

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Local Government Bill
Schedule 3 — Amendment of powers exercisable in relation to local authorities

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  5        In section 4(2)(b) (different performance indicators or standards may be

specified for different authorities), after “different authorities” there is

inserted “or descriptions of authority”.

  6       (1)      Section 5 (best value reviews) is amended as follows.

          (2)      In subsection (2)(b) (orders specifying periods within which authorities are

5

to conduct best value reviews may make different provision for different

authorities), after “different authorities” there is inserted “or descriptions of

authority”.

          (3)      After subsection (4) there is inserted—

              “(4A)                An order under subsection (4) may—

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                    (a)                   apply to one authority or more;

                    (b)                   make different provision in relation to different authorities or

descriptions of authority.”

  7        In section 6 (best value performance plans), after subsection (4) there is

inserted—

15

              “(5)                An order under this section may make different provision in relation

to different authorities or descriptions of authority.”

  8       (1)      Section 16 (power to modify enactments and confer new powers) is

amended as follows.

          (2)      In subsection (1) (power to modify or exclude application of enactments in

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relation to best value authorities), for “in relation to those authorities” there

is substituted “in relation to—

                    (a)                      all best value authorities,

                    (b)                      particular best value authorities, or

                    (c)                      particular descriptions of best value authority.”

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          (3)      In subsection (2) (power to confer powers on best value authorities), for

“conferring on best value authorities any power” there is substituted

“conferring on—

                    (a)                      all best value authorities,

                    (b)                      particular best value authorities, or

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                    (c)                       particular descriptions of best value authority,

                              any power”.

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

              “(3A)                The power under subsection (3)(d) includes, in particular, power to

make different provision in relation to different authorities or

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descriptions of authority.”

          (5)      At the beginning of subsection (4) (order subject to affirmative resolution

procedure) there is inserted “Subject to subsection (4A),”.

          (6)      After subsection (4) there is inserted—

              “(4A)                An order under this section which is made only for the purpose of

40

amending an earlier order under this section—

                    (a)                   so as to extend the earlier order, or any provision of the

earlier order, to a particular authority or to authorities of a

particular description, or

 

 

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Schedule 3 — Amendment of powers exercisable in relation to local authorities

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                    (b)                   so that the earlier order, or any provision of the earlier order,

ceases to apply to a particular authority or to authorities of a

particular description,

                              shall be subject to annulment in pursuance of a resolution of either

House of Parliament.”

5

  9        In section 17 (orders under section 16: procedure), after subsection (6) there

is inserted—

              “(7)                Nothing in this section applies to an order under section 16 which is

made only for the purpose mentioned in section 16(4A).”

  10      (1)      Section 19 (contracts: exclusion of non-commercial considerations) is

10

amended as follows.

          (2)      In subsection (1) (power to provide for matters to cease to be non-

commercial matters in relation to best value authorities), for “in relation to

best value authorities, for” there is substituted “in relation to—

                    (a)                      all best value authorities,

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                    (b)                      particular best value authorities, or

                    (c)                      particular descriptions of best value authority,

                              for”.

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

              “(2A)                The power under subsection (2)(c) includes, in particular, power to

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make different provision for different authorities or descriptions of

authority.”

          (4)      At the beginning of subsection (3) (order subject to affirmative resolution

procedure) there is inserted “Subject to subsection (3A),”.

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

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              “(3A)                An order under this section which is made only for the purpose of

amending an earlier order under this section—

                    (a)                   so as to extend the earlier order, or any provision of the

earlier order, to a particular authority or to authorities of a

particular description, or

30

                    (b)                   so that the earlier order, or any provision of the earlier order,

ceases to apply to a particular authority or to authorities of a

particular description,

                              shall be subject to annulment in pursuance of a resolution of either

House of Parliament.”

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Local Government Act 2000 (c. 22)

  11       The Local Government Act 2000 is amended as follows.

  12      (1)      Section 3 (limits on power to promote well-being) is amended as follows.

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

              “(3A)                The power under subsection (3) may be exercised in relation to—

40

                    (a)                   all local authorities,

                    (b)                   particular local authorities, or

                    (c)                   particular descriptions of local authority.”

 

 

Local Government Bill
Schedule 4 — The Valuation Tribunal Service

    93

 

          (3)      At the beginning of subsection (4) (duty to consult) there is inserted “Subject

to subsection (4A),”.

          (4)      After that subsection there is inserted—

              “(4A)                Subsection (4) does not apply to an order under this section which is

made only for the purpose of amending an earlier order under this

5

section—

                    (a)                   so as to extend the earlier order, or any provision of the

earlier order, to a particular authority or to authorities of a

particular description, or

                    (b)                   so that the earlier order, or any provision of the earlier order,

10

ceases to apply to a particular authority or to authorities of a

particular description.”

  13       In section 9 (procedures for orders under section 5 or 6), after subsection (7)

there is inserted—

              “(8)                Nothing in this section applies to an order under section 5 or 6 which

15

is made only for the purpose of amending an earlier order under that

section—

                    (a)                   so as to extend the earlier order, or any provision of the

earlier order, to a particular authority or to authorities of a

particular description, or

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                    (b)                   so that the earlier order, or any provision of the earlier order,

ceases to apply to a particular authority or to authorities of a

particular description.”

  14      (1)      Section 105 (orders and regulations) is amended as follows.

          (2)      At the beginning of subsection (6) (certain instruments subject to affirmative

25

resolution procedure) there is inserted “Subject to subsection (6A),”.

          (3)      After subsection (6) there is inserted—

              “(6A)                Subsection (6) does not apply to a statutory instrument which

contains an order under section 3(3), 5 or 6 if the order is made only

for the purpose of amending an earlier such order—

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                    (a)                   so as to extend the earlier order, or any provision of the

earlier order, to a particular authority or to authorities of a

particular description, or

                    (b)                   so that the earlier order, or any provision of the earlier order,

ceases to apply to a particular authority or to authorities of a

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particular description.”

Schedule 4

Section 104

 

The Valuation Tribunal Service

Membership, chairman and deputy chairman

  1       (1)      The Service shall consist of not less than six and not more than ten members

40

appointed by the Secretary of State.

 

 

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Schedule 4 — The Valuation Tribunal Service

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          (2)      The Secretary of State shall appoint one of the members of the Service to be

its chairman and another of them to be its deputy chairman.

          (3)      The Secretary of State shall exercise his power to appoint members of the

Service to secure that at all times—

              (a)             a majority are persons occupying the position of president or

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chairman of a valuation tribunal, and

              (b)             the rest are persons who, in his opinion, are particularly suited to be

members by reason of their qualifications or experience.

Disqualification

  2       (1)      A person shall be disqualified for being appointed as a member of the

10

Service if—

              (a)             he is, or is married to, an employee of the Service;

              (b)                             he is the subject of a bankruptcy restrictions order or interim order;

              (c)             a bankruptcy order has been made against him by a court in

Northern Ireland, his estate has been sequestrated by a court in

15

Scotland or, under the law of Northern Ireland or Scotland, he has

made a composition or arrangement with, or granted a trust deed

for, his creditors;

              (d)             in the last five years he has been convicted in the United Kingdom,

the Channel Islands or the Isle of Man of an offence and has had a

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qualifying sentence passed on him.

          (2)      Where a person is disqualified under sub-paragraph (1)(c) because a

bankruptcy order has been made against him or his estate has been

sequestrated, the disqualification shall cease—

              (a)             on his obtaining a discharge, or

25

              (b)             if the bankruptcy order is annulled or the sequestration of his estate

is recalled or reduced, on the date of that event.

          (3)      Where a person is disqualified under sub-paragraph (1)(c) because of his

having made a composition or arrangement with, or granted a trust deed

for, his creditors, the disqualification shall cease—

30

              (a)             at the end of the period of five years beginning with the date on

which the terms of the deed of composition or arrangement or trust

deed are fulfilled, or

              (b)             if before then he pays his debts in full, on the date on which the

payment is completed.

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          (4)      For the purposes of sub-paragraph (1)(d), the date of a conviction shall be

taken to be the ordinary date on which the period allowed for making an

appeal or application expires or, if an appeal or application is made, the date

on which the appeal or application is finally disposed of or abandoned or

fails by reason of its non-prosecution.

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          (5)      In sub-paragraph (1)(d), the reference to a qualifying sentence is to a

sentence of imprisonment for a period of not less than three months

(whether suspended or not) without the option of a fine.

Tenure of office

  3       (1)      Subject to the provisions of this Schedule, a member of the Service shall hold

45

and vacate office in accordance with the terms of his appointment.

 

 

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Schedule 4 — The Valuation Tribunal Service

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          (2)      A person shall not be appointed as a member of the Service for more than

three years.

          (3)      A person may at any time resign his office as a member of the Service by

notice in writing to the Secretary of State.

          (4)      A person appointed as chairman or deputy chairman of the Service—

5

              (a)             shall hold and vacate that office in accordance with the terms of his

appointment,

              (b)             may at any time resign that office by notice in writing to the Secretary

of State, and

              (c)             shall cease to hold that office if he ceases to be a member of the

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Service.

  4       (1)      A person shall cease to be a member of the Service if—

              (a)             he ceases to be qualified for appointment as such,

              (b)             having occupied the position of president or chairman of a valuation

tribunal at the time of his appointment as a member of the Service,

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he ceases to be a person who occupies such a position, or

              (c)             he has without reasonable excuse been absent from meetings of the

Service for a continuous period of 3 months.

          (2)      The Secretary of State may remove a person from office as a member of the

Service if satisfied that he is unable or unfit to carry out his functions as such.

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  5        A person who ceases (otherwise than by virtue of paragraph 4(1)(a) or (c)) to

be the chairman or deputy chairman of the Service or to be a member of the

Service shall be eligible for re-appointment.

Remuneration, pensions, etc of members

  6       (1)      The Service shall pay to its members such remuneration or allowances as the

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Secretary of State may determine.

          (2)      The Service shall, if so required by the Secretary of State—

              (a)             pay such pensions or gratuities to or in respect of its members or

former members as the Secretary of State may determine,

              (b)             pay such contributions or payments as the Secretary of State may

30

determine towards provision for the payment of pensions or

gratuities to or in respect of its members or former members, and

              (c)             provide and maintain such schemes (whether contributory or not) as

the Secretary of State may so determine for the payment of pensions

or gratuities to or in respect of its members or former members.

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          (3)      If—

              (a)             a person ceases to be a member of the Service or ceases to be the

chairman or deputy chairman of the Service, and

              (b)             it appears to the Secretary of State that there are special

circumstances which make it right that he should receive

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compensation,

                   the Secretary of State may direct the Service to make a payment of such

amount as he may determine.

Staff

  7       (1)      The Service shall have a chief executive.

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Schedule 4 — The Valuation Tribunal Service

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          (2)      Appointments to the position of chief executive shall be made as follows—

              (a)             the first appointment shall be made by the Secretary of State, and

              (b)             subsequent appointments shall be made by the Service.

          (3)      The appointment under sub-paragraph (2)(a) shall be made after

consultation with the chairman of the Service (or the person proposed to be

5

appointed as such).

          (4)      Appointments under sub-paragraph (2)(b) shall be made with the consent of

the Secretary of State.

          (5)      References in this Schedule, except paragraph 8(1), to the employees of the

Service include references to its chief executive.

10

  8       (1)      The Service may appoint such employees as it may determine.

          (2)      The Service may pay to its employees such remuneration and allowances as

it may with the consent of the Secretary of State determine.

          (3)      The Service may—

              (a)             pay such pensions or gratuities to or in respect of its employees or

15

former employees as it may with the consent of the Secretary of State

determine,

              (b)             pay such contributions or payments as it may so determine towards

provision for the payment of pensions or gratuities to or in respect of

its employees or former employees, and

20

              (c)             provide and maintain such schemes (whether contributory or not) as

it may so determine for the payment of pensions or gratuities to or in

respect of its employees or former employees.

          (4)      References in sub-paragraph (3) to pensions or gratuities include references

to pensions or gratuities by way of compensation to or in respect of

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employees who suffer loss of employment or loss or diminishment of

emoluments.

  9        The Service shall not appoint an employee to be the clerk to a valuation

tribunal without the consent of the tribunal concerned.

Committees

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  10      (1)      The Service may establish committees.

          (2)      Any committee established by the Service may establish one or more sub-

committees.

          (3)      A person who is not a member of the Service may be appointed to a

committee or a sub-committee of the Service.

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          (4)      The Service may pay to members of its committees or sub-committees who

are neither members nor employees of the Service such remuneration and

allowances as the Secretary of State may determine.

Proceedings

  11       Subject to the following provisions of this Schedule, the Service may

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regulate its own procedure (including quorum).

 

 

 
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