|
| |
|
(a) | paragraph 2(1) to (7), and |
| |
(b) | any regulations under paragraph 2(8). |
| |
(4) | The default scheme is to take effect, in respect of dwellings |
| |
situated in the area of a billing authority, if the authority fails to |
| |
make a scheme on or before 31 January 2013 (or such other date as |
| 5 |
is specified in section 8(4) of the Local Government Finance Act |
| |
| |
(5) | If the default scheme takes effect in the area of a billing authority, |
| |
this Part applies to the default scheme as if it had been made by the |
| |
| 10 |
Revisions to and replacement of scheme |
| |
5 (1) | For each financial year, each billing authority must consider |
| |
whether to revise its scheme or to replace it with another scheme. |
| |
(2) | The authority must make any revision to its scheme, or any |
| |
replacement scheme, no later than 31 January in the financial year |
| 15 |
preceding that for which the revision or replacement scheme is to |
| |
| |
(3) | The Secretary of State may by order amend sub-paragraph (2) by |
| |
substituting a different date. |
| |
(4) | If any revision to a scheme, or any replacement scheme, has the |
| 20 |
effect of reducing or removing a reduction to which any class of |
| |
persons is entitled, the revision or replacement must include such |
| |
transitional provision relating to that reduction or removal as the |
| |
| |
(5) | Paragraph 3 applies to an authority when revising a scheme as it |
| 25 |
applies to an authority when making a scheme. |
| |
(6) | References in this Part to a scheme include a replacement scheme. |
| |
Arrangements to deal with shortfall in council tax receipts |
| |
6 (1) | In this paragraph “scheme authority” means, in relation to a |
| |
| 30 |
(a) | the billing authority which made the scheme, and |
| |
(b) | any major precepting authority with power to issue a |
| |
precept to that billing authority in relation to that year. |
| |
(2) | Two or more scheme authorities may make arrangements which |
| |
are to have effect if, as a result of the operation of the scheme— |
| 35 |
(a) | there is a deficit in the billing authority’s collection fund |
| |
| |
(b) | the billing authority estimates that there will be such a |
| |
| |
(3) | Arrangements under this paragraph may include— |
| 40 |
(a) | the making of payments by one scheme authority to |
| |
another scheme authority; |
| |
|
| |
|
| |
|
(b) | the variation of any payment or instalment of a payment |
| |
which is required to be made under regulations under |
| |
section 99 of the 1988 Act (regulations about funds). |
| |
Provision of information to the Secretary of State |
| |
7 (1) | The Secretary of State may serve on a billing authority in England |
| 5 |
a notice requiring it to supply to the Secretary of State such |
| |
information as is specified in the notice and required by the |
| |
Secretary of State for the purpose of exercising, or of deciding |
| |
whether to exercise, any function relating to schemes. |
| |
(2) | The authority must supply the information required if it is in its |
| 10 |
possession or control, and must do so in such form and manner |
| |
and at such time as the Secretary of State specifies in the notice. |
| |
(3) | If an authority fails to comply with sub-paragraph (2), the |
| |
Secretary of State may exercise the function on the basis of such |
| |
assumptions and estimates as the Secretary of State thinks fit. |
| 15 |
(4) | In exercising, or deciding whether to exercise, any function |
| |
relating to schemes, the Secretary of State may also take into |
| |
account any other available information, whatever its source and |
| |
whether or not obtained under a provision contained in or made |
| |
under this or any other Act. |
| 20 |
| |
8 | In exercising any function relating to schemes, a billing authority |
| |
must have regard to any guidance issued by the Secretary of State. |
| |
| |
9 (1) | The Secretary of State may by regulations make such transitional |
| 25 |
provision regarding the commencement of schemes as the |
| |
Secretary of State thinks fit. |
| |
(2) | Such provision may include, in particular, provision for and in |
| |
connection with treating a person who is or was in receipt of |
| |
council tax benefit as having made an application for a reduction |
| 30 |
| |
| |
| |
| |
2 | The LGFA 1992 is amended as follows. |
| 35 |
3 | In section 10(1) (basic amount payable), for “13” substitute “13A”. |
| |
4 (1) | Section 66 (matters to be questioned only by judicial review) is amended as |
| |
| |
|
| |
|
| |
|
(2) | After subsection (2)(b) insert— |
| |
“(ba) | a council tax reduction scheme, or any revision of such a |
| |
| |
(3) | In subsection (3), for “(b) to (e)” substitute “(b) or (c) to (e)”. |
| |
5 | In section 67 (functions to be discharged only by authority), after subsection |
| 5 |
| |
“(aa) | making or revising a council tax reduction scheme;”. |
| |
6 (1) | In Schedule 2 (administration), paragraph 21 (application of Schedule to |
| |
cases where section 13A applies) is amended as follows. |
| |
(2) | For sub-paragraph (1) substitute— |
| 10 |
“(1) | This paragraph applies where a billing authority— |
| |
(a) | makes a council tax reduction scheme, or |
| |
(b) | exercises the power under section 13A(1)(b) by |
| |
determining a class of case in which liability is to be |
| |
| 15 |
(3) | In sub-paragraphs (2) and (3), after “Where” insert “the scheme or”. |
| |
Local Government Act 2003 |
| |
7 | Omit section 76 of the Local Government Act 2003 (insertion of section 13A |
| |
| |
|
| |
|