House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Committee of the whole House: 18 January 2012
4000

Local Government Finance Bill, continued

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

24

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

Secretary Eric Pickles

9

Schedule  3,  page  44,  line  14,  leave out ‘12(8)’ and insert ‘12(8) or (8A)’.

Secretary Eric Pickles

10

Schedule  3,  page  44,  line  16,  leave out ‘15(6)’ and insert ‘15(6) or (6A)’.

Secretary Eric Pickles

11

Schedule  3,  page  44,  line  43,  leave out ‘12(6)’ and insert ‘12(6) or (6A)’.

Secretary Eric Pickles

12

Schedule  3,  page  44,  line  45,  leave out ‘15(4)’ and insert ‘15(4) or (4A)’.

Secretary Eric Pickles

13

Schedule  3,  page  45,  line  44,  leave out ‘12(2) and (8)’ insert ‘12(2), (8) and (8A)’.

Secretary Eric Pickles

14

Schedule  3,  page  45,  line  44,  leave out ‘15(6)’ insert ‘15(6) and (6A)’.

Secretary Eric Pickles

15

Schedule  3,  page  46,  line  3,  leave out ‘12(1) and (6)’ insert ‘12(1), (6) and (6A)’.

Secretary Eric Pickles

16

Schedule  3,  page  46,  line  3,  leave out ‘15(4)’ insert ‘15(4) and (4A)’.

Committee of the whole House: 18 January 2012
4001

Local Government Finance Bill, continued

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

25

Clause  6,  page  4,  line  22,  leave out ‘2013’ and insert ‘2014’.

New clauses relating to non-domestic rates

Major redevelopment schemes: non-domestic rate income

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

NC2

To move the following Clause:—

‘(1)
In any case where a relevant authority proposes a major redevelopment scheme

resulting in a substantial loss of non-domestic rate income for a period exceeding

one year, the authority may make an application to the Secretary of State for a

safety-net payment to be made to the authority each year for the period of the

scheme. The Secretary of State must determine whether to make such a payment

having regard to—

(a)
the proportion of non-domestic rate income which will be lost to the

authority for the period of the scheme, and

(b)
the future social and economic benefits of the scheme.

(2)
The Secretary of State must notify the authority of his or her decision on whether

or not to grant a safety-net payment and allow the authority 28 days to make

representations about his or her decision before issuing a final determination.’.

Re-set of the system

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

NC5

To move the following Clause:—

‘The Secretary of State shall establish a mechanism to allow local authorities to

make representations on whether they believe a re-set of the system is required.

The Secretary of State shall, prior to the publication of the Local Government

Financial Report in any year, give consideration to any representations he has

received and must lay before the House of Commons a report detailing—

Committee of the whole House: 18 January 2012
4002

Local Government Finance Bill, continued

(a)
any representations he has received from local authorities on whether it

would be appropriate to re-set the system, and

(b)
his or her decision on such representations and the reasons for that

decision.’.

Disregard of proportion of non-domestic rates

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

NC6

To move the following Clause:—

‘In designating areas under paragraph 37 of Schedule 1 the Secretary of State

shall have regard to—

(a)
the level of need within the local authority as defined in section ( )

above, and

(b)
the likely social and economic benefits to residents within the local

authority area resulting from such a designation.’.

Resets of the non-domestic rates retention system

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

NC7

To move the following Clause:—

‘(1)
The Secretary of State shall be required to make arrangements for a “reset” of the

non-domestic rates retention system every three years.

(2)
Any such reset must include consideration of—

(a)
relative spending needs of each authority,

(b)
relative resources available through council tax income,

(c)
relative resources available through non-domestic rates.

(3)
The assessment of relative need shall be determined in full consultation with local

government.’.

Committee of the whole House: 18 January 2012
4003

Local Government Finance Bill, continued

National non-domestic rate policy changes: consultation

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

NC8

To move the following Clause:—

‘The Secretary of State may not make any changes to national non-domestic rate

policy which impact on local non-domestic rate yields without first consulting

with all interested parties.’.

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,

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

employment.’.

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

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.’.

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

Committee of the whole House: 18 January 2012
4004

Local Government Finance Bill, continued

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.’.

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.’.

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—

‘(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’.

Committee of the whole House: 18 January 2012
4005

Local Government Finance Bill, continued

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

18

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

‘(7A)
An increase under section 11B (1)(b) (higher amount of tax for second homes).’.

New Clause 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—

“11B
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.

Committee of the whole House: 18 January 2012
4006

Local Government Finance Bill, continued

(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.

(8)
For the purposes of this section, the Secretary of State may by regulations

prescribe the definition of a dwelling to be considered a “second home”.

(3)
In section 11(2) (discounts: no chargeable residents) after “sections 11A”, insert

“, 11B”.

(4)
In section 11A (discounts: special provision for England) after subsection (4B)

(inserted by section 9) insert—

“(4D)
Subsections (3), (4) and (4A) are subject to section 11B (4).”.

(5)
In section 66(2)(b) (matters to be questioned only by judicial review), after

“section 8(2), 11A”, insert “, 11B”.

(6)
In section 67(2)(a) (functions to be discharged only by authority), after “section

8(2), 11A”, insert “, 11B”.’.

Remaining New Clauses

Impact on economic development

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

NC3

To move the following Clause:—

‘Before the end of one year after the commencement of this Act, and every three

years thereafter, the Secretary of State must lay before the House a report on the

impact of the provisions of this Act on economic development in each region of

England, including the impact on manufacturing, retail, service industries and

small and medium sized enterprises.’.



© Parliamentary copyright	Revised 18 January 2012