House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

4067

House of Commons

Tuesday 31 January 2012

Committee of the whole House

New Amendments handed in are marked thus

Local Government Finance Bill

Note

The Amendments have been arranged in accordance with the Order of the House

[10 January 2012].

Mr Nick Raynsford

79

Clause  8,  page  4,  line  35,  at end insert—

‘(1)
Each local authority in preparing its council tax reduction scheme should start on

the basis that, all other factors being the same, the total cost should be no greater

or less than in the previous financial year.’.

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

66

Clause  8,  page  5,  line  6,  at end insert—

‘(1A)
In exercising its powers under section 1(b) the authority must have regard to the

impact of the scheme on—

(a)
those persons in the area who are in employment or actively seeking

employment, and

(b)
the levels of poverty in the area, including the levels of child poverty.’.

Mr Nick Raynsford

49

Clause  8,  page  5,  line  17,  at end insert—

‘(4A)
In exercising its powers under subsection (1)(b), each authority must have regard

to the impact of its scheme on the living standards of those persons in its area

who, prior to the introduction of the scheme, were receiving council tax benefit.

(4B)
In exercising its powers under subsection (1)(b), each authority must have regard

to the impact of its scheme on the living standards of those persons in its area,

Committee of the whole House: 31 January 2012
4068

Local Government Finance Bill, continued

below pensionable age, who are in employment or are actively seeking

employment.’.

Mr Clive Betts

85

Clause  8,  page  5,  line  19,  at end insert—

‘(5A)
Any grant payable to a local authority in England in support of a council tax

reduction scheme for a financial year beginning with 1 April 2013 shall not be

less than the amount paid in council tax benefit subsidy for the financial year

beginning with 1 April 2012.

(5B)
The total amount of any grant payable to a local authority in England will be

assessed each year or financial year beginning with 1 April 2013 in line with the

Government’s New Burdens Doctrine.’.

George Hollingbery

72

Clause  8,  page  5,  line  26,  at end insert—

‘(3A)
Local authorities will have the right to pool schemes for council tax refund

purposes both in terms of administrative arrangements and the pooling of funds.’.

Mr Nick Raynsford

59

Clause  8,  page  5,  line  28,  leave out ‘2013’ and insert ‘2014’.

Mr Nick Raynsford

60

Clause  8,  page  5,  line  29,  leave out ‘2013’ and insert ‘2014’.

Mr Nick Raynsford

80

Clause  8,  page  5,  line  31,  at end insert—

‘(5A)
The Secretary of State must ensure that local authorities receive no less in

subsidies under the council tax reduction schemes than they would have expected

to receive under the earlier scheme.’.

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

67

Schedule  4,  page  47,  line  6,  at end insert ‘and set out the steps which the local

authority will take to ensure that—

(a)
persons entitled to a reduction will be made aware of their entitlement,

and

(b)
assistance is available to such persons who wish to make an

application.’.

Committee of the whole House: 31 January 2012
4069

Local Government Finance Bill, continued

Mr Nick Raynsford

52

Schedule  4,  page  47,  line  16,  at end insert—

‘(f)
the number of persons estimated to be eligible to make an application,

and estimated to be entitled to a reduction under the scheme.’.

John Healey

74

Schedule  4,  page  47,  line  43,  at end insert—

‘(8A)
Before making regulations under sub-paragraph (8), the Secretary of State must

consult with local authorities regarding any proposed requirements for schemes.’.

Mr Nick Raynsford

56

Schedule  4,  page  48,  line  7,  at end insert—

‘(e)
require authorities to have regard to the impact of its scheme on—

(i)
the numbers of persons in its area expected to receive a greater

or lesser reduction in council tax than that which they had

been entitled to receive under council tax benefit, and the

amounts by which their entitlement are likely to increase or

reduce,

(ii)
the living standards of such persons,

(iii)
the financial incentive on persons below pensionable age to

seek or maintain employment.’.

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

68

Schedule  4,  page  48,  line  15,  at end insert ‘including local charities, organisations

providing advice on benefits and organisations representing older people.’.

Mr Nick Raynsford

55

Schedule  4,  page  48,  line  15,  at end insert—

‘(d)
notify all persons within their area receiving council tax benefit on or

immediately following 1 April 2012, of the implications of the draft

scheme, including the estimated impact of that scheme on their living

standards.’.

John Healey

75

Schedule  4,  page  48,  line  22,  leave out sub-paragraphs (4) and (5).

Mr Nick Raynsford

53

Schedule  4,  page  48,  line  37,  leave out ‘about the making of reasonable charges’.

Mr Nick Raynsford

54

Schedule  4,  page  48,  line  39,  at end insert—

Committee of the whole House: 31 January 2012
4070

Local Government Finance Bill, continued

‘(f)
include estimates of the likely impact of its scheme on the living

standards of those persons in its area who have been receiving council

tax benefit.’.

Mr Nick Raynsford

57

Schedule  4,  page  48,  line  44,  leave out ‘2013’ and insert ‘2014’.

Mr Nick Raynsford

50

Schedule  4,  page  49,  line  2,  at end insert—

‘(3B)
If the default scheme has the effect of reducing or removing a reduction to which

any class of persons was entitled under council tax benefit, it must include such

transitional provision relating to that reduction or removal as the Secretary of

State, after consultation with representatives of local government, thinks fit.’.

Mr Nick Raynsford

51

Schedule  4,  page  49,  line  2,  at end insert—

‘(3A)
The default scheme must be designed in such a way as to ensure, insofar as can

reasonably be assessed, that no person below pensionable age, in or seeking

employment, shall receive a lesser entitlement to a council tax reduction than that

to which they would have been entitled under council tax benefit.’.

Mr Nick Raynsford

58

Schedule  4,  page  49,  line  5,  leave out ‘2013’ and insert ‘2014’.

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

70

Schedule  4,  page  49,  line  13,  at end insert—

‘In considering the need for replacement or revision of the scheme the authority must have

regard to the impact of any such revision or replacement on the living standards of people

in the area including—

(a)
those of working age in employment and actively seeking work,

(b)
those in receipt of benefits including disability benefits, and

(c)
persons of pensionable age.’.

John Healey

76

Schedule  4,  page  49,  line  14,  leave out sub-paragraphs (2) and (3).

Mr Nick Raynsford

77

Schedule  4,  page  49,  line  28,  leave out section (6).

Committee of the whole House: 31 January 2012
4071

Local Government Finance Bill, continued

Mr Nick Raynsford

78

Schedule  4,  page  49,  line  39,  at end insert—

‘(2A)
In circumstances where a deficit arises in the billing authority’s collection fund

the authority shall be able to make an application to the Secretary of State for a

payment to cover that deficit.’.

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

71

Schedule  4,  page  50,  line  23,  at end insert ‘Before issuing such guidance the

Secretary of State must have regard to the impact on—

(a)
those of working age in employment and actively seeking work,

(b)
those in receipt of benefits including disability benefits, and

(c)
persons of pensionable age.’.

Secretary Eric Pickles

86

Schedule  4,  page  51,  line  8,  leave out sub-paragraphs (1) and (2).

Secretary Eric Pickles

87

Schedule  4,  page  51,  line  40,  at beginning insert ‘In Schedule 2 (administration),’.

Graham Jones

81

Clause  9,  page  5,  line  33,  at end insert ‘at end of subsection (2) insert “or

(c)
the fact that the properties were acquired through or subject to a

compulsory purchase order.”.’.

Graham Jones

63

Clause  10,  page  6,  line  21,  leave out ‘50’ and insert ‘100’.

Graham Jones

64

Clause  10,  page  6,  line  21,  at end insert—

‘(c)
the amount collected within the jurisdiction of two tier authorities for the

sum total within the boundaries of each lower district shall be aggregated

and distributed in the proportion 80:20 in favour of the lower tier

authority.

(d)
the fire and police authorities shall be entitled to an equivalent uplift in

their precepts.’.

Committee of the whole House: 31 January 2012
4072

Local Government Finance Bill, continued

Graham Jones

82

Clause  10,  page  7,  line  4,  leave out ‘two years’ and insert ‘12 months’.

Graham Jones

83

Clause  10,  page  7,  line  4,  leave out ‘of at least two years’ and insert ‘determined by

the local authority, but not less than six months.’.

Graham Jones

84

Clause  10,  page  7,  line  7,  leave out subsection (b).

Secretary Eric Pickles

17

Clause  10,  page  7,  line  17,  at end insert—

‘( )
In section 13(3) (amounts which may be reduced by regulations) after “section

11, 11A” insert “, 11B”.’.

Annette Brooke

Stephen Gilbert

Mr John Leech

Tim Farron

73

Clause  10,  page  7,  line  39,  at end insert—

‘(12A)
After sub-paragraph (7) insert—

“(7A)
In this paragraph, “increase” means an increase under section 11C(1)(b)

(higher amount for second homes: England).”.’.

George Eustice

62

Clause  11,  page  8,  line  8,  at end insert—

‘(1A)
A mortgagee in possession shall not be entitled to recover their liability under

section 6(2) of the LGFA 1992 from the mortgagor.’.

Committee of the whole House: 31 January 2012
4073

Local Government Finance Bill, continued

New ClauseS relating to Council tax

Power to set higher amount for second homes

Annette Brooke

Stephen Gilbert

Mr John Leech

Tim Farron

NC1

To move the following Clause:—

‘(1)
The LGFA 1992 is amended as follows.

(2)
After section 11A insert—

“11C
Higher amount for second homes: England

(1)
For any financial year, a billing authority in England may by

determination provide in relation to its area, or such part of its area as it

may specify in the determination, that if on any day a dwelling is a second

home—

(a)
the discount under section 11(2)(a) shall not apply, and

(b)
the amount of council tax payable in respect of that dwelling and

that day shall be increased by such percentage of not more than

50 as it may so specify.

(2)
The Secretary of State may by regulations prescribe one or more classes

of dwelling in relation to which a billing authority may not make a

determination under this section.

(3)
A class of dwellings may be prescribed under subsection (2) by reference

to such factors as the Secretary of State thinks fit and may, in particular,

be prescribed by reference to—

(a)
the physical characteristics of, or other matters relating to,

dwellings;

(b)
the circumstances of, or other matters relating to, any person who

is liable to the amount of council tax concerned.

(4)
Where a determination under this section has effect in relation to a class

of dwellings—

(a)
the billing authority may not make a determination under section

11A(3), (4) or (4A) in relation to that class, and

(b)
any determination that has been made under section 11A(3), (4)

or (4A) ceases to have effect in relation to that class.

(5)
A billing authority may make a determination varying or revoking a

determination under this section for a financial year, but only before the

beginning of the year.

(6)
A billing authority which makes a determination under this section must

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) does not affect the validity of a

determination.



© Parliamentary copyright	Revised 31 January 2012