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Local Government Finance Bill


Local Government Finance Bill
Schedule 4 — Amendments relating to council tax reduction schemes
Part 1 — Schedule to be inserted into LGFA 1992

50

 

(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

2012).

      (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

authority.

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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

have effect.

      (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

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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

authority thinks fit.

      (5)  

Paragraph 3 applies to an authority when revising a scheme as it

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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

scheme and a year—

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

for that year, or

(b)   

the billing authority estimates that there will be such a

deficit.

      (3)  

Arrangements under this paragraph may include—

40

(a)   

the making of payments by one scheme authority to

another scheme authority;

 
 

Local Government Finance Bill
Schedule 4 — Amendments relating to council tax reduction schemes
Part 2 — Other amendments

51

 

(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.

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      (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.

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Guidance

8          

In exercising any function relating to schemes, a billing authority

must have regard to any guidance issued by the Secretary of State.

Transitional provision

9     (1)  

The Secretary of State may by regulations make such transitional

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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

under a scheme.”

Part 2

Other amendments

LGFA 1992

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

follows.

 
 

Local Government Finance Bill
Schedule 4 — Amendments relating to council tax reduction schemes
Part 2 — Other amendments

52

 

      (2)  

After subsection (2)(b) insert—

“(ba)   

a council tax reduction scheme, or any revision of such a

scheme;”.

      (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

(2)(a) insert—

“(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

reduced.”

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      (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

of the LGFA 1992).

 
 

 
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