House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Committee of the whole House: 24 January 2012
4048

Local Government Finance Bill, continued

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—

(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.’.

Committee of the whole House: 24 January 2012
4049

Local Government Finance Bill, continued

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.’.

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.’.

Mortgagee in possession to be liable for non-domestic rates

George Eustice

NC9

To move the following Clause:—

‘(1)
Liability to pay non-domestic rates in respect of relevant buildings or land in the

area of a billing authority in England shall reside with the mortgagee in

possession of the owner’s interest in that building or land.

Committee of the whole House: 24 January 2012
4050

Local Government Finance Bill, continued

(2)
A mortgagee in possession shall not be entitled to recover their liability under

subsection (1) from the mortgagor.’.

Tax increment financing schemes

Mr John Healey

NC10

To move the following Clause:—

‘(1)
The Secretary of State may provide in regulations under paragraphs 20, 23 or 26

of Schedule 1 (levy payments, safety net payments and safety net payments on

account) for the calculated amount for an area in which a tax increment financing

scheme is in place to disregard the levy and any re-set.

(2)
Regulations under subsection (1) shall be made by statutory instrument and may

not be made unless a draft has been laid before and approved by resolution of each

House of Parliament.’.

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,

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

employment.’.

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.’.

Committee of the whole House: 24 January 2012
4051

Local Government Finance Bill, continued

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’.

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.’.

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

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.’.

Committee of the whole House: 24 January 2012
4052

Local Government Finance Bill, continued

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’.

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—

Committee of the whole House: 24 January 2012
4053

Local Government Finance Bill, continued

(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.’.

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.’.

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.’.

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).’.

Committee of the whole House: 24 January 2012
4054

Local Government Finance Bill, continued

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.’.

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—

“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.

(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.



© Parliamentary copyright	Revised 24 January 2012