Session 2012 - 13
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Notices of Amendments: 17 May 2012                     

37

 

Local Government Finance Bill, continued

 
 

Secretary Eric Pickles

 

53

 

Page  49,  line  44  [Schedule  4],  at end insert ‘(or such other year as is specified in

 

section 8(4) of the Local Government Finance Act 2012)’.

 


 

Secretary Eric Pickles

 

54

 

Page  50,  line  2  [Schedule  4],  at end insert—

 

  ‘(3A)  

The default scheme may in particular make provision 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.

 

    (3B)  

For the purposes of sub-paragraph (3A), 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

 

11

 

Page  50,  line  2  [Schedule  4],  at end insert—

 

‘(3A)    

The default scheme must be designed in such a way as to ensure, insofar as can

 

reasonably be assessed, that no person below pensionable age, in or seeking

 

employment, shall receive a lesser entitlement to a council tax reduction than that

 

to which they would have been entitled under council tax benefit.’.

 

Mr Nick Raynsford

 

12

 

Page  50,  line  2  [Schedule  4],  at end insert—

 

‘(3B)    

If the default scheme has the effect of reducing or removing a reduction to which

 

any class of persons was entitled under council tax benefit, it must include such

 

transitional provision relating to that reduction or removal as the Secretary of

 

State, after consultation with representatives of local government, thinks fit.’.

 

Mr Nick Raynsford

 

John Healey

 

13

 

Page  50,  line  5  [Schedule  4],  leave out ‘2013’ and insert ‘2014’.

 

John Healey

 

3

 

Page  50,  line  14  [Schedule  4],  leave out sub-paragraphs (2) and (3).


 
 

Notices of Amendments: 17 May 2012                     

38

 

Local Government Finance Bill, continued

 
 

Mr Nick Raynsford

 

14

 

Page  50,  line  39  [Schedule  4],  at end insert—

 

‘(2A)    

In circumstances where a deficit arises in the billing authority’s collection fund

 

the authority shall be able to make an application to the Secretary of State for a

 

payment to cover that deficit.’.

 


 

Secretary Eric Pickles

 

55

 

Page  51,  line  30  [Schedule  4],  after ‘benefit’ insert ‘, or who makes or has made a

 

claim for that benefit,’.

 

Secretary Eric Pickles

 

56

 

Page  51,  line  31  [Schedule  4],  at end insert—

 

‘Schedule 1B

 

Section 13A

 

Council tax reduction schemes: Wales

 

Interpretation

 

1          

In this Schedule—

 

(a)    

“the regulations” means regulations under section

 

13A(2B);

 

(b)    

“scheme” means council tax reduction scheme under the

 

regulations;

 

(c)    

“specified” means specified in the regulations;

 

(d)    

“specified authority” means a person or body required by

 

the regulations to make a scheme (and, in relation to a

 

particular scheme, means the authority which made the

 

scheme or is under a duty to make it).

 

Application of schemes

 

2    (1)  

The regulations may—

 

(a)    

prescribe, for each scheme that is to be made, the dwellings

 

to which that scheme is to apply;

 

(b)    

require each scheme to state the dwellings to which it is to

 

apply.

 

      (2)  

The regulations may prescribe—

 

(a)    

the date by which each scheme is to be made, and

 

(b)    

the first financial year to which it must relate.

 

Persons entitled to reductions

 

3    (1)  

The regulations may prescribe—

 

(a)    

classes of person who are to be entitled to a reduction under

 

schemes;


 
 

Notices of Amendments: 17 May 2012                     

39

 

Local Government Finance Bill, continued

 
 

(b)    

classes of person who must not be entitled to a reduction

 

under schemes.

 

      (2)  

The regulations may—

 

(a)    

allow specified authorities to determine (subject to

 

regulations under sub-paragraph (1)) classes of person who

 

are to be entitled to a reduction under schemes, or

 

(b)    

provide that specified authorities may not determine such

 

classes.

 

      (3)  

The regulations may require each scheme to state the classes of

 

person (prescribed under sub-paragraph (1)(a) or determined under

 

sub-paragraph (2)(a)) who are to be entitled to a reduction under the

 

scheme.

 

      (4)  

Any class of person prescribed under sub-paragraph (1)(a) may be

 

determined by reference to, in particular, the matters listed in sub-

 

paragraph (7).

 

      (5)  

The regulations may require any class of person determined under

 

sub-paragraph (2)(a) to be determined by reference to specified

 

matters (which may include those listed in sub-paragraph (7)).

 

      (6)  

If the regulations do not require a class a person to be determined as

 

mentioned in sub-paragraph (5), the specified authority may

 

determine that class by reference to, in particular, the matters listed

 

in sub-paragraph (7).

 

      (7)  

Those matters are—

 

(a)    

whether the Welsh Ministers consider, or the specified

 

authority considers, any person to be in financial need;

 

(b)    

the income of any person liable to pay council tax in respect

 

of any dwelling to which a scheme is to apply;

 

(c)    

the capital of any such person;

 

(d)    

whether any such person is in receipt of any specified

 

benefit;

 

(e)    

the income and capital of any other person who is a resident

 

of the dwelling, or whether any such person is in receipt of

 

any specified benefit;

 

(f)    

the number of dependants of any person within paragraph

 

(b) or (e);

 

(g)    

whether the person has made an application for the

 

reduction.

 

Reductions

 

4    (1)  

The regulations may prescribe reductions, including minimum and

 

maximum reductions, to which persons in each class (whether

 

prescribed under paragraph 3(1)(a) or determined under paragraph

 

3(2)(a)) are to be entitled under schemes.

 

      (2)  

The regulations may—

 

(a)    

allow specified authorities to determine (subject to

 

regulations under sub-paragraph (1)) reductions to which

 

persons in each class set out in the scheme are to be

 

entitled, or


 
 

Notices of Amendments: 17 May 2012                     

40

 

Local Government Finance Bill, continued

 
 

(b)    

provide that specified authorities may not determine such

 

reductions.

 

      (3)  

The regulations may require each scheme to set out the reductions

 

(whether prescribed under sub-paragraph (1) or determined under

 

sub-paragraph (2)(a)) to which persons in each class set out in the

 

scheme are to be entitled.

 

      (4)  

Different reductions may be set out for different classes.

 

      (5)  

A reduction under a scheme may be—

 

(a)    

a discount calculated as a percentage of the amount which

 

would be payable apart from the scheme,

 

(b)    

a discount of an amount set out in the scheme or to be

 

calculated in accordance with the scheme,

 

(c)    

expressed as an amount of council tax to be paid (lower

 

than the amount which would be payable apart from the

 

scheme) which is set out in the scheme or is to be calculated

 

in accordance with it, or

 

(d)    

the whole amount of council tax (so that the amount

 

payable is nil).

 

Other matters

 

5    (1)  

The regulations may require each scheme to state—

 

(a)    

the procedure by which a person may apply for a reduction

 

under the scheme;

 

(b)    

the procedure by which a person can make an appeal under

 

section 16 against any decision which affects the person’s

 

entitlement to a reduction under the scheme or the amount

 

of any reduction to which the person is entitled;

 

(c)    

the procedure by which a person can apply to the relevant

 

billing authority for a reduction under section 13A(1)(b).

 

      (2)  

In sub-paragraph (1)(c), the relevant billing authority for any

 

dwelling to which the scheme applies is the billing authority in

 

whose area the dwelling is situated.

 

      (3)  

The regulations may prescribe requirements which must be met by

 

the procedure mentioned in sub-paragraph (1)(a) or (b).

 

6    (1)  

The regulations may—

 

(a)    

require other matters to be included in schemes;

 

(b)    

allow schemes to make provision that is equivalent to

 

provision made by a relevant enactment, or provision that

 

is capable of being made under a relevant enactment, with

 

such modifications as specified authorities think fit;

 

(c)    

prescribe the procedure which a specified authority must

 

follow when making a scheme (including requirements

 

regarding consultation and other steps to be taken before

 

and after making the scheme);

 

(d)    

require or allow functions conferred by the regulations to

 

be exercised by specified authorities jointly with other

 

authorities;

 

(e)    

prescribe a default scheme which is to take effect, if a

 

specified authority fails to make a scheme in accordance


 
 

Notices of Amendments: 17 May 2012                     

41

 

Local Government Finance Bill, continued

 
 

with the regulations, in respect of dwellings to which that

 

scheme would have applied;

 

(f)    

impose requirements on specified authorities relating to the

 

review, revision or replacement of schemes;

 

(g)    

enable specified authorities to make reasonable charges for

 

the supply of copies of documents relating to schemes;

 

(h)    

require specified authorities to provide to the Welsh

 

Ministers information about schemes.

 

      (2)  

In particular, the regulations may under sub-paragraph (1)(a) set out

 

provision to be included in schemes, and a default scheme

 

prescribed under sub-paragraph (1)(d) may make provision, 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 Welsh Ministers think fit.

 

      (3)  

For the purposes of sub-paragraphs (1)(b) and (2), 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).

 

Transitional provision

 

7    (1)  

The regulations may make such transitional provision regarding the

 

commencement of schemes as the Welsh Ministers think 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, or who makes or has made a claim for that benefit, as

 

having made an application for a reduction under a scheme.

 

Guidance

 

8          

In exercising any function relating to schemes, a specified authority

 

must have regard to any guidance issued by the Welsh Ministers.”’.

 


 

Secretary Eric Pickles

 

57

 

Page  52,  line  7  [Schedule  4],  after ‘scheme’ insert ‘under section 13A(2)’.


 
 

Notices of Amendments: 17 May 2012                     

42

 

Local Government Finance Bill, continued

 
 

Secretary Eric Pickles

 

58

 

Page  52,  line  11  [Schedule  4],  leave out ‘a billing authority’.

 

Secretary Eric Pickles

 

59

 

Page  52,  line  12  [Schedule  4],  at beginning insert ‘a billing authority in England or

 

a specified authority (within the meaning of Schedule 1B) in Wales’.

 

Secretary Eric Pickles

 

60

 

Page  52,  line  13  [Schedule  4],  at beginning insert ‘a billing authority’.

 


 

New Clauses relating to non-domestic rating

 

Tax increment financing schemes

 

John Healey

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may provide in regulations under paragraphs 20, 23 or 26

 

of Schedule 1 (levy payments, safety net payments and safety net payments on

 

account) for the calculated amount for an area in which a tax increment financing

 

scheme is in place to disregard the levy and any re-set.

 

(2)    

Regulations under subsection (1) shall be made by statutory instrument and may

 

not be made unless a draft has been laid before and approved by resolution of each

 

House of Parliament.’.

 


 

Determination of central and local shares

 

Hilary Benn

 

Helen Jones

 

Jack Dromey

 

Roberta Blackman-Woods

 

Chris Williamson

 

NC6

 

To move the following Clause:—

 

‘(1)    

In determining the central share and the local share for any relevant authority, the

 

Secretary of State must have regard to—

 

(a)    

the level of need in that authority, and

 

(b)    

the likely capacity of the authority to benefit from business rate growth.

 

(2)    

Any assessment of the level of need shall include—

 

(a)    

the ranking of the local authority in the Index of Multiple Deprivation,

 

(b)    

the level of unemployment within the authority’s area,


 
 

Notices of Amendments: 17 May 2012                     

43

 

Local Government Finance Bill, continued

 
 

(c)    

the proportion of adults within the authority’s area who have a limiting

 

long-term illness,

 

(d)    

the number of adults within the area who are in receipt of social care,

 

(e)    

the number of looked-after children within the authority, and

 

(f)    

the level of child poverty within the authority’s area.

 

(3)    

The Secretary of State must lay his assessment before the House at the same time

 

as the Local Government Finance Report.’.

 


 

National business rate policy changes: consultation

 

John Healey

 

NC11

 

Parliamentary Star    

To move the following Clause:—

 

‘The Secretary of State may not make any changes to national business rate policy

 

which impact on local business rate yields without first consulting with all

 

interested parties.’.

 


 

Secretary Eric Pickles

 

15

 

Page  2,  line  4  [Clause  1],  at end insert ‘;

 

(d)    

paragraph 28 (regulations about distribution of remaining balance).’.

 

Secretary Eric Pickles

 

16

 

Page  2,  line  30  [Clause  3],  leave out from ‘(7),’ to end of line and insert ‘omit “and

 

86”.’.

 


 

Secretary Eric Pickles

 

17

 

Page  11,  line  35  [Schedule  1],  at end insert—

 

    ‘(5)  

The reference in sub-paragraph (3) to use for the purposes of local government

 

in England includes the making of payments under an Act or an instrument

 

made under an Act (whenever passed or made) to—

 

(a)    

billing authorities in England,

 

(b)    

precepting authorities in England,

 

(c)    

levying bodies in England (and for this purpose “levying body” has the

 

meaning given by section 74(1)), or

 

(d)    

bodies to which section 75(1) applies.’.

 



 
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