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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, 4093, 4095-96 and 4097-98 (Session 2010-12) |
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| | Local Government Finance Bill, As Amended |
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| | | Payments to and from authorities |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 141 of the LGFA 1988 (power to make regulations about set off of |
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| | | payments to and from receiving authorities) is amended as follows. |
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| | | (2) | In subsection (5)(b) (power to require provisions of the Act to be read subject to |
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| | | regulations), after “79(2)” insert “, 84H(2) and 86B(2)”. |
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| | | (3) | In subsection (7) (payments to receiving authorities to which regulations may |
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| | | (a) | after “84C” insert “, 84K, 84N and 86B”, and |
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| | | (b) | for the words from “paragraphs 12 and 15 of that Schedule” to the end |
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| | | substitute “and paragraphs 12 and 15 of that Schedule.” |
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| | | (4) | In subsection (8) (payments from receiving authorities to which regulations may |
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| | | apply), for “and 84C” substitute “, 84C, 84K and 84N”. |
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| | | (5) | The amendments made by this section have effect in relation to the financial year |
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| | | beginning with 1 April 2013 and subsequent financial years.’. |
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| | Page 2, line 4 [Clause 1], at end insert ‘; |
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| | | (d) | paragraph 28 (regulations about distribution of remaining balance).’. |
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| | Page 2, line 30 [Clause 3], leave out from ‘(7),’ to end of line and insert ‘omit “and |
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| | Page 11, line 35 [Schedule 1], at end insert— |
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| | | ‘(5) | The reference in sub-paragraph (3) to use for the purposes of local government |
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| | | in England includes the making of payments under an Act or an instrument |
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| | | made under an Act (whenever passed or made) to— |
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| | | (a) | billing authorities in England, |
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| | | (b) | precepting authorities in England, |
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| | | (c) | levying bodies in England (and for this purpose “levying body” has the |
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| | | meaning given by section 74(1)), or |
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| | | (d) | bodies to which section 75(1) applies.’. |
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| | Page 20 [Schedule 1], leave out lines 31 to 33. |
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| | Page 21, line 14 [Schedule 1], at end insert— |
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| | | ‘(1A) | If a local government finance report for a year has been approved by resolution |
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| | | of the House of Commons, and that report provides for an amount to be |
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| | | credited to the levy account kept for the year, that amount may be credited (as |
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| | | an item of account) to that account.’. |
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| | Page 25, line 41 [Schedule 1], leave out ‘this paragraph has effect’ and insert ‘the |
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| | Page 25, line 42 [Schedule 1], at end insert ‘in accordance with subsections (2) to |
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| | Page 26, line 3 [Schedule 1], at end insert ‘, and |
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| | | (c) | all of the calculations required by regulations under paragraph 26 |
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| | | (calculations of safety net payments on account) have been made for |
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| | Page 26, line 13 [Schedule 1], at end insert— |
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| | | Add to the amount found under steps 1 and 2 any amount credited to the levy |
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| | | account for the year in accordance with paragraph 18(1A) (credit in |
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| | | accordance with local government finance report).’. |
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| | Page 26, line 15 [Schedule 1], leave out ‘and 2’ and insert ‘to 2A’. |
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| | Page 26 [Schedule 1], leave out lines 19 to 21 and insert— |
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| | | ‘Subtract from the amount found under steps 1 to 3 the aggregate of all the |
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| | | payments to be made by the Secretary of State under regulations under |
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| | | paragraph 26(4)(b) (adjustments following safety net payment on |
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| | | Add to the amount found under steps 1 to 4 the aggregate of all the payments |
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| | | to be made to the Secretary of State under regulations under paragraph |
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| | | Subtract from the amount found under steps 1 to 5 the aggregate of all the |
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| | | payments on account to be made in the year under regulations under |
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| | Page 26, line 22 [Schedule 1], leave out ‘4’ and insert ‘6’. |
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| | Page 26, line 24 [Schedule 1], at end insert— |
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| | | ‘(5) | Sub-paragraph (6) applies if, in the first year for which the levy account is |
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| | | (a) | an amount is credited to the levy account for the year in accordance |
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| | | with paragraph 18(1A), and |
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| | | (b) | that amount exceeds the aggregate of all the payments on account to |
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| | | be made in the year under regulations under paragraph 26. |
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| | | (6) | The amount of the excess is to be treated as the remaining balance on the levy |
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| | Page 26 [Schedule 1], leave out lines 30 to 41 and insert— |
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| | | ‘(2) | The Secretary of State may by regulations make provision about the basis (“the |
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| | | basis of distribution”) on which an amount referred to in sub-paragraph (1) is |
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| | Page 26, line 42 [Schedule 1], leave out from ‘If’ to ‘, the’ in line 43 and insert ‘the |
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| | Secretary of State makes a determination under sub-paragraph (1)’. |
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| | Page 26, line 45 [Schedule 1], leave out ‘sub-paragraph (1)’ and insert ‘that sub- |
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| | Page 27, line 1 [Schedule 1], leave out ‘report is approved’ and insert |
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| | Page 27, line 4 [Schedule 1], leave out ‘report’ and insert ‘regulations’. |
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| | Page 27, line 19 [Schedule 1], at end insert ‘; but any such time must fall within the |
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| | year to which the remaining balance relates.’. |
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| | Page 29, line 42 [Schedule 1], at end insert ‘, unless sub-paragraph (5A) applies. |
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| | | (5A) | A revocation made after the Secretary of State has given that notification has |
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| | | effect for the year for which the notification was given if— |
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| | | (a) | it is made in response to a request under sub-paragraph (3)(b) made |
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| | | within the period of 28 days beginning with the date on which the |
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| | | notification was given, and |
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| | | (b) | it is made before the local government finance report for that year is |
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| | | laid before the House of Commons.’. |
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| | Page 29, line 43 [Schedule 1], leave out ‘or revoking a designation’ and insert ‘a |
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| | designation, or revoking a designation otherwise than in response to a request under sub- |
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| | Page 30, line 4 [Schedule 1], after ‘persons’ insert ‘(if any)’. |
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| | Page 30, line 8 [Schedule 1], at end insert ‘, unless sub-paragraph (9) applies. |
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| | | (9) | A notification under sub-paragraph (7) of a revocation made in the |
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| | | circumstances described in sub-paragraph (5A) must be given as soon as is |
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| | | reasonably practicable after it is made.’. |
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| | Page 31 [Schedule 1], leave out lines 36 to 38 and insert— |
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| | | ‘(6) | Regulations under paragraph 28 may provide for a pool of authorities to be |
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| | | treated as a relevant authority for the purposes of the regulations.’. |
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| | Page 31, line 40 [Schedule 1], leave out from ‘23’ to ‘from’ in line 42 and insert ‘, |
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| | Page 31, line 45 [Schedule 1], leave out ‘or 24’ and insert ‘, 24 or 28(4)’. |
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