House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

Notices of Amendments: 17 May 2012
30

Local Government Finance Bill, continued

(i)
different provision for different purposes, including

different provision for different areas or for different

authorities, and

(ii)
such incidental, consequential, transitional or

supplementary provision as the Scottish Ministers

think necessary or expedient.

15D(1)
A person to whom sub-paragraph (2) applies is guilty of an offence if

the person discloses without lawful authority any information—

(a)
which comes to the person by virtue of paragraph 15A, 15B or

15C, and

(b)
which relates to a particular person.

      (2)
This sub-paragraph applies to—

(a)
a qualifying person for the purpose of paragraph 15A, 15B or

15C;

(b)
a person who is or has been a director, member of the

committee of management, manager, secretary or other

similar officer of a person within paragraph (a);

(c)
a person who is or has been an employee of such a person.

      (3)
A person guilty of an offence under this paragraph is liable—

(a)
on conviction on indictment, to imprisonment for a term not

exceeding 2 years or a fine, or both;

(b)
on summary conviction, to imprisonment for a term not

exceeding 12 months or a fine not exceeding the statutory

maximum, or both.

      (4)
It is not an offence under this paragraph—

(a)
to disclose information in the form of a summary or collection

of information so framed as not to enable information relating

to any particular person to be identified from it;

(b)
to disclose information which has previously been disclosed

to the public with lawful authority.

      (5)
It is a defence for a person (“D”) charged with an offence under this

paragraph to prove that at the time of the alleged offence—

(a)
D believed that D was making the disclosure in question with

lawful authority and had no reasonable cause to believe

otherwise, or

(b)
D believed that the information in question had previously

been disclosed to the public with lawful authority and had no

reasonable cause to believe otherwise.

      (6)
For the purposes of this paragraph, “lawful authority” has the meaning

given by section 123 of the Social Security Administration Act 1992.

      (7)
In relation to an offence under this paragraph committed in England

and Wales before the commencement of section 154(1) of the

Criminal Justice Act 2003 (increase in maximum term that may be

imposed on summary conviction of offence triable either way) the

reference in sub-paragraph (3)(b) to 12 months is to be taken as a

reference to 6 months.”

(3)
In paragraph 11 (supply of information to authorities: England and Wales), after

sub-paragraph (1) insert—

Notices of Amendments: 17 May 2012
31

Local Government Finance Bill, continued

“(1A)
Information may be prescribed under sub-paragraph (1)(d) by

reference to—

(a)
how the person concerned came to be in possession or control

of the information;

(b)
the purpose for which it is requested by the authority.”

(4)
In paragraph 12 (supply of information to authorities: Scotland), after sub-

paragraph (1) insert—

“(1A)
Information may be prescribed under sub-paragraph (1)(d) by

reference to—

(a)
how the person concerned came to be in possession or control

of the information;

(b)
the purpose for which it is requested by the authority.”

(5)
In paragraph 16 (supply of information by authorities), after sub-paragraph (2)

insert—

  “(3)
Information may be prescribed under sub-paragraph (2)(c) by

reference to—

(a)
how the first-mentioned authority obtained the information;

(b)
the purpose for which the first-mentioned authority believes

that the information would be useful to the other authority.”

(6)
This section comes into force at the end of the period of 2 months beginning with

the day on which this Act is passed.’.

Discounts

John Healey

NC2

To move the following Clause:—

‘(1)
Section 11 of the LGFA 1992 is amended as follows.

(2)
In subsection (1), for the word “shall”, substitute “may”.

(3)
In subsection (2)—

(a)
for the word “shall”, substitute the word “may”;

(b)
for the word “twice”, substitute the words “a multiple of”.

(4)
Omit subsections (3) and (4) and insert—

“(3)

(a)
In this section “the appropriate percentage” and “multiple” are to

be determined by the relevant local authority and approved as

part of their Council Tax Reduction Scheme as set out in

Schedule 1A.

(b)
The eligibility for any reduction shall be determined as part of

the Council Tax Reduction Scheme.

(4)
Schedule 1 to this Act shall have effect for determining who shall be

disregarded for the purposes of discount.”.’.

Notices of Amendments: 17 May 2012
32

Local Government Finance Bill, continued

Report on effects of provisions

Hilary Benn

Helen Jones

Jack Dromey

Roberta Blackman-Woods

Chris Williamson

NC5

To move the following Clause:—

‘At a date no later than three years from the implementation of this Act the

Secretary of State shall prepare a report detailing the effects of these provisions

on—

(a)
the number of people receiving council tax support in each local authority

including the number in employment, the number actively seeking work,

and the number of pensionable age, and

(b)
the costs incurred by each authority in running the scheme, including the

cost of appeals.’.

Power to set higher amount for second homes

Annette Brooke

Stephen Gilbert

Mr John Leech

Tim Farron

NC7

To move the following Clause:—

‘(1)
The LGFA 1992 is amended as follows.

(2)
After section 11A insert—

“11C
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;

Notices of Amendments: 17 May 2012
33

Local Government Finance Bill, continued

(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.

(6)
A billing authority which makes a determination under this section must

publish a notice of it in at least one newspaper circulating in its area and

do so before the end of the period of 21 days beginning with the date of

the determination.

(7)
Failure to comply with subsection (6) does not affect the validity of a

determination.

(8)
For the purposes of this section, the Secretary of State may by regulations

prescribe the definition of a dwelling to be considered a “second home”.

(3)
In section 11(2) (discounts: no chargeable residents) after “sections 11A”, insert

“, 11C”.

(4)
In section 11A (discounts: special provision for England) after subsection (4B)

(inserted by section 9) insert—

“(4D)
Subsections (3), (4) and (4A) are subject to section 11C (4).”.

(5)
In section 66(2)(b) (matters to be questioned only by judicial review), after

“section 8(2), 11A”, insert “, 11C”.

(6)
In section 67(2)(a) (functions to be discharged only by authority), after “section

8(2), 11A”, insert “, 11C”.’.

Secretary Eric Pickles

42

Page  5,  line  2  [Clause  8],  at end insert—

‘(aa)
in the case of a dwelling situated in the area of a billing authority

in Wales, is to be reduced to the extent, if any, required by any

council tax reduction scheme made under regulations under

subsection (2B) which applies to that dwelling;’.

Secretary Eric Pickles

43

Page  5,  line  4  [Clause  8],  after ‘paragraph (a)’ insert ‘or (aa)’.

Secretary Eric Pickles

44

Page  5,  line  12  [Clause  8],  at end insert—

‘(2A)
Schedule 1A (which contains provisions about schemes under subsection

(2)) has effect.

Notices of Amendments: 17 May 2012
34

Local Government Finance Bill, continued

(2B)
The Welsh Ministers may by regulations—

(a)
require a person or body specified in the regulations to make a

scheme specifying the reductions which are to apply to amounts

of council tax payable, in respect of dwellings to which the

scheme applies, by persons to whom the scheme applies,

(b)
impose requirements on that person or body regarding the

matters which must be included in that scheme, and

(c)
make other provision for and in connection with such schemes.

(2C)
Schedule 1B (which contains further provisions about regulations under

subsection (2B) and about schemes under those regulations) has effect.’.

Mr Nick Raynsford

5

Page  5,  line  17  [Clause  8],  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.’.

Secretary Eric Pickles

45

Page  5  [Clause  8],  leave out lines 18 and 19 and insert—

‘( )
No regulations under subsection (2B) are to be made unless a draft of the

statutory instrument containing them has been laid before, and approved

by a resolution of, the National Assembly for Wales.’.

Secretary Eric Pickles

46

Page  5,  line  21  [Clause  8],  at end insert ‘or regulations under subsection (2B)’.

Secretary Eric Pickles

47

Page  5,  line  24  [Clause  8],  leave out ‘Schedule to be inserted as Schedule 1A’ and

insert ‘Schedules to be inserted as Schedules 1A and 1B’.

Secretary Eric Pickles

48

Page  5,  line  27  [Clause  8],  at end insert ‘under section 13A(2) of the LGFA 1992’.

Mr Nick Raynsford

John Healey

6

Page  5,  line  28  [Clause  8],  leave out ‘2013’ and insert ‘2014’.

Notices of Amendments: 17 May 2012
35

Local Government Finance Bill, continued

Mr Nick Raynsford

John Healey

7

Page  5,  line  29  [Clause  8],  leave out ‘2013’ and insert ‘2014’.

Annette Brooke

Stephen Gilbert

Mr John Leech

Tim Farron

4

Page  7,  line  41  [Clause  10],  at end insert—

‘(12A)
After sub-paragraph (7) insert—

“(7A)
In this paragraph, “increase” means an increase under section 11C(1)(b)

(higher amount for second homes: England).”.’.

Secretary Eric Pickles

49

Page  47,  line  32  [Schedule  4],  after ‘schemes’ insert ‘: England’.

Secretary Eric Pickles

50

Page  47,  line  35  [Schedule  4],  after second ‘scheme’ insert ‘under section 13A(2)’.

John Healey

1

Page  48,  line  43  [Schedule  4],  at end insert—

‘(8A)
Before making regulations under sub-paragraph (8), the Secretary of State must

consult with local authorities regarding any proposed requirements for schemes.’.

Secretary Eric Pickles

51

Page  49,  line  7  [Schedule  4],  at end insert—

  ‘(10)
Regulations under sub-paragraph (8) may in particular set out provision to be

included in a scheme that is equivalent to—

(a)
provision made by a relevant enactment, or

(b)
provision that is capable of being made under a relevant enactment,


with such modifications as the Secretary of State thinks fit.

    (11)
Subject to compliance with regulations under sub-paragraph (8), a scheme may

make provision that is equivalent to—

Notices of Amendments: 17 May 2012
36

Local Government Finance Bill, continued

(a)
provision made by a relevant enactment, or

(b)
provision that is capable of being made under a relevant enactment,


with such modifications as the authority thinks fit.

    (12)
For the purposes of sub-paragraphs (10) and (11), each of the following

enactments as it had effect on the day on which the Local Government Finance

Act 2012 was passed is a “relevant enactment”—

(a)
sections 131 to 133 of the Social Security Contributions and Benefits

Act 1992 (council tax benefit);

(b)
sections 134 to 137 of that Act (general provisions about income-

related benefits) so far as applying in relation to council tax benefit;

(c)
section 1 of the Social Security Administration Act 1992 (entitlement

to benefit dependent on claim) so far as applying in relation to council

tax benefit;

(d)
section 6 of that Act (regulations about council tax benefit

administration).’.

Mr Nick Raynsford

8

Page  49,  line  7  [Schedule  4],  at end insert—

‘(e)
require authorities to have regard to the impact of their 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 is 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.’.

Mr Nick Raynsford

9

Page  49,  line  15  [Schedule  4],  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.’.

Secretary Eric Pickles

52

Page  49,  line  16  [Schedule  4],  leave out ‘consultation under sub-paragraph (1)(a)

took place’ and insert ‘any step described in sub-paragraph (1) was taken’.

John Healey

2

Page  49,  line  22  [Schedule  4],  leave out sub-paragraphs (4) and (5).

Mr Nick Raynsford

John Healey

10

Page  49,  line  44  [Schedule  4],  leave out ‘2013’ and insert ‘2014’.



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