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Amendments to the Local Government Bill

Local Government Bill


AMENDMENTS
TO BE MOVED
ON THIRD READING


 

Clause 3

 

THE LORD ROOKER

Page 2, line 39, at end insert—
"(   )  The power under subsection (7) is not to be read as limited to the specification of an existing document."
 

Clause 15

 

THE LORD ROOKER

Page 7, line 7, at end insert—
"(   )  The power under subsection (1)(b) is not to be read as limited to the specification of existing guidance."
 

Clause 21

 

THE LORD ROOKER

Page 9, line 28, at end insert—
"(   )  The power under subsection (2)(b) is not to be read as limited to the identification of an existing document."
 

After Clause 63

 

THE LORD ROOKER

Insert the following new Clause—
  "Relief for registered community amateur sports clubs
(1)  In section 43 of the 1988 Act (occupied hereditaments: liability), in subsection (6) (calculation of chargeable amount where ratepayer is a charity and hereditament is occupied for charitable purposes)—
(a)  the words after "on the day concerned" become paragraph (a) of that subsection, and
(b)  after that paragraph there is inserted ", or
(b)  the ratepayer is a registered club for the purposes of Schedule 18 to the Finance Act 2003 (community amateur sports clubs) and the hereditament is wholly or mainly used—
(i)  for the purposes of that club, or
(ii)  for the purposes of that club and of other such registered clubs."
(2)  In section 45 of the 1988 Act (unoccupied hereditaments: liability), in subsection (6) (calculation of chargeable amount where ratepayer is a charity and hereditament will next be used for charitable purposes)—
(a)  the words after "on the day concerned" become paragraph (a) of that subsection, and
(b)  after that paragraph there is inserted ", or
(b)  the ratepayer is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) and it appears that when the hereditament is next in use—
(i)  it will be wholly or mainly used for the purposes of that club, and that club will be such a registered club, or
(ii)  it will be wholly or mainly used for the purposes of two or more clubs including that club, and each of those clubs will be such a registered club."
(3)  In section 47(2) of the 1988 Act (first condition for discretionary relief), after paragraph (b) there is inserted—
"(ba)  the ratepayer is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs), and the hereditament is not an excepted hereditament and is wholly or mainly used—
(i)  for the purposes of that club, or
(ii)  for the purposes of that club and of other such registered clubs;".
(4)  In section 48 of the 1988 Act (discretionary relief: supplementary), after subsection (2) there is inserted—
"(2A)  A hereditament not in use shall be treated as wholly or mainly used for the purposes of a club that is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs) if it appears that when next in use it will be wholly or mainly used for the purposes of a club that is then, or two or more clubs each of which is then, such a registered club."
(5)  In section 67 of the 1988 Act (interpretation of Part 3 of that Act), after subsection (10) there is inserted—
"(10A)  The times at which a club is a registered club for the purposes of Schedule 18 to the Finance Act 2002 (community amateur sports clubs)—
(a)  shall, where it is registered with retrospective effect, be taken to have included those within the period beginning with the date with effect from which it is registered and ending with its registration; but
(b)  shall, where its registration is terminated with retrospective effect, be taken not to have included those within the period beginning with the date with effect from which its registration is terminated and ending with the termination of its registration.""
 

After Clause 118

 

THE LORD ROOKER

Insert the following new Clause—
  "Regulation of cosmetic piercing and skin-colouring businesses
(1)  Section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (regulation of tattooing, ear-piercing and electrolysis businesses) is amended as follows.
(2)  In subsection (1) (requirement for person carrying on business to be registered), for paragraph (b) (ear-piercing) there is substituted—
"(aa)  of semi-permanent skin-colouring;
(b)  of cosmetic piercing; or"
  (and in the side-note for "ear-piercing" there is substituted "semi-permanent skin-colouring, cosmetic piercing").
(3)  In subsection (2) (requirement to register premises where business carried on)—
(a)  for "ear-piercing" there is substituted "semi-permanent skin-colouring, cosmetic piercing", and
(b)  for "pierce their ears" there is substituted "carry out semi-permanent skin-colouring on them, pierce their bodies".
(4)  In subsection (5) (local authority may not require particulars about individuals whose ears have been pierced etc.), for "or whose ears he has pierced" there is substituted ", whose bodies he has pierced or on whom he has carried out semi-permanent skin-colouring".
(5)  After subsection (8) there is inserted—
"(9)  In this section "semi-permanent skin-colouring" means the insertion of semi-permanent colouring into a person's skin."
(6)  Schedule (Section (Regulation of cosmetic piercing and skin-colouring businesses): transition) (which makes provision about transition) has effect."
 

Clause 126

 

THE LORD ROOKER

Page 77, line 33, after "71," insert "72,"
Page 78, line 17, leave out "sections 22(2) and" and insert "section"
Page 78, line 38, after "67" insert ", 67A"
 

Before Schedule 6

 

THE LORD ROOKER

Insert the following new Schedule—
 

"SCHEDULE

 

SECTION (REGULATION OF COSMETIC PIERCING AND SKIN-COLOURING BUSINESSES): TRANSITION

 

Commencement not to affect existing application of section 15 of the 1982 Act

 1      The coming into force of section (Regulation of cosmetic piercing and skin-colouring businesses) shall not affect the descriptions of person in relation to whom section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) applies in an area in which that section is already in force.
 

Commencement not to affect pending resolutions about the application of section 15 of the 1982 Act

 2   (1)   This paragraph applies where immediately before the coming into force of section (Regulation of cosmetic piercing and skin-colouring businesses)—
(a)  there is in force a resolution under section 13(2) of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) that section 15 of that Act is to apply to an authority's area, and
(b)  the resolution specifies as the day for the coming into force of that section the day on which section (Regulation of cosmetic piercing and skin-colouring businesses) comes into force, or any later day.
(2)      The coming into force of section (Regulation of cosmetic piercing and skin-colouring businesses) shall not affect—
(a)  the validity of the resolution, or
(b)  the descriptions of person in relation to whom section 15 of that Act applies in pursuance of the resolution.
 

Additional powers of commencement in relation to section 15 of the 1982 Act as amended

 3   (1)   This paragraph applies where an authority has before the coming into force of section (Regulation of cosmetic piercing and skin-colouring businesses) passed a resolution that provides, or resolutions that between them provide, for section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) to apply to the authority's area in relation to all of the existing descriptions of person.
(2)      Section 13 of that Act shall have effect for the purpose of enabling the authority to bring section 15 of that Act into force in its area—
(a)  in relation to persons carrying on the business of cosmetic piercing, and
(b)  in relation to persons carrying on the business of semi-permanent skin-colouring.
(3)      In sub-paragraph (1), the reference to the existing descriptions of person is to the descriptions of person specified in section 15(1) of that Act immediately before the coming into force of section (Regulation of cosmetic piercing and skin-colouring businesses).
 

Effect of existing ear-piercing registrations following extension of control to cosmetic piercing

 4   (1)   This paragraph applies where, immediately before section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) comes into force in an authority's area in relation to persons carrying on the business of cosmetic piercing—
(a)  that section is in force in the area in relation to persons carrying on the business of ear-piercing, and
(b)  a person is registered under that section by the authority to carry on a business of ear-piercing at premises in the area which are registered under that section for the carrying-on of that business.
(2)      From the coming into force of that section in that area in relation to persons carrying on the business of cosmetic piercing, the registrations of the person and the premises in respect of ear-piercing shall have effect as registrations in respect of cosmetic piercing, subject to sub-paragraph (3).
(3)      Sub-paragraph (2) ceases to apply when the business of cosmetic piercing carried on by the person at the premises subsequently first involves cosmetic piercing other than ear-piercing.
 

Interpretation

 5      In this Schedule, except paragraph 2(1)(a) and 3(1), any reference to section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) includes a reference to section 16 of that Act so far as it has effect for the purposes of that section."
 

Schedule 6

 

THE LORD ROOKER

Page 114, line 17, at end insert—
 "67A   (1)   Section 52 (meetings of the London Assembly) is amended as follows.
(2)      After subsection (4) there is inserted—
"(4A)  There must be at least 21 clear days between a meeting under subsection (3) above and the last such meeting before it, but this does not apply to the gap between the first such meeting after an ordinary election and the last such meeting before that election."
(3)      In subsection (6)(b) (notice of meeting under subsection (3) to be given at least 28 clear days before meeting), for "28" there is substituted "14".
(4)      Subsection (7) (notice of meeting not to be given during currency of a notice already given) is omitted."
 

Schedule 7

 

THE LORD ROOKER

Page 118, line 46, column 2, after "Sections" insert "52(7),"

 
 
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©Parliamentary copyright 2003
4 September 2003