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| | Wednesday 8 February 2012 |
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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | 4089-90, 4091-92 and 4093 |
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| | Local Government Finance Bill, As Amended |
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| | Page 7, line 41 [Clause 10], at end insert— |
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| | | ‘(12A) | After sub-paragraph (7) insert— |
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| | | “(7A) | In this paragraph, “increase” means an increase under section 11C(1)(b) |
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| | | (higher amount for second homes: England).”.’. |
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| | | Power to set higher amount for second homes |
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| | To move the following Clause:— |
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| | | ‘(1) | The LGFA 1992 is amended as follows. |
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| | | (2) | After section 11A insert— |
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| | | “11C | Higher amount for second homes: England |
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| | | (1) | For any financial year, a billing authority in England may by |
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| | | determination provide in relation to its area, or such part of its area as it |
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| | | may specify in the determination, that if on any day a dwelling is a second |
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| | | (a) | the discount under section 11(2)(a) shall not apply, and |
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| | | (b) | the amount of council tax payable in respect of that dwelling and |
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| | | that day shall be increased by such percentage of not more than |
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| | | (2) | The Secretary of State may by regulations prescribe one or more classes |
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| | | of dwelling in relation to which a billing authority may not make a |
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| | | determination under this section. |
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| | | (3) | A class of dwellings may be prescribed under subsection (2) by reference |
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| | | to such factors as the Secretary of State thinks fit and may, in particular, |
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| | | be prescribed by reference to— |
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| | | (a) | the physical characteristics of, or other matters relating to, |
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| | | (b) | the circumstances of, or other matters relating to, any person who |
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| | | is liable to the amount of council tax concerned. |
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| | | (4) | Where a determination under this section has effect in relation to a class |
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| | | (a) | the billing authority may not make a determination under section |
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| | | 11A(3), (4) or (4A) in relation to that class, and |
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| | | (b) | any determination that has been made under section 11A(3), (4) |
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| | | or (4A) ceases to have effect in relation to that class. |
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| | | (5) | A billing authority may make a determination varying or revoking a |
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| | | determination under this section for a financial year, but only before the |
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| | | (6) | A billing authority which makes a determination under this section must |
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| | | publish a notice of it in at least one newspaper circulating in its area and |
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| | | do so before the end of the period of 21 days beginning with the date of |
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| | | (7) | Failure to comply with subsection (6) does not affect the validity of a |
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| | | (8) | For the purposes of this section, the Secretary of State may by regulations |
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| | | prescribe the definition of a dwelling to be considered a “second home”. |
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| | | (3) | In section 11(2) (discounts: no chargeable residents) after “sections 11A”, insert |
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| | | (4) | In section 11A (discounts: special provision for England) after subsection (4B) |
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| | | (inserted by section 9) insert— |
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| | | “(4D) | Subsections (3), (4) and (4A) are subject to section 11C (4).”. |
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| | | (5) | In section 66(2)(b) (matters to be questioned only by judicial review), after |
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| | | “section 8(2), 11A”, insert “, 11C”. |
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| | | (6) | In section 67(2)(a) (functions to be discharged only by authority), after “section |
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| | | 8(2), 11A”, insert “, 11C”.’. |
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