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| Page 49, line 44 [Schedule 4], at end insert ‘(or such other year as is specified in |
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| section 8(4) of the Local Government Finance Act 2012)’. |
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| Page 50, line 2 [Schedule 4], at end insert— |
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| | ‘(3A) | The default scheme may in particular make provision that is equivalent to— |
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| | (a) | provision made by a relevant enactment, or |
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| | (b) | provision that is capable of being made under a relevant enactment, |
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| | | with such modifications as the Secretary of State thinks fit. |
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| | (3B) | For the purposes of sub-paragraph (3A), each of the following enactments as |
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| | it had effect on the day on which the Local Government Finance Act 2012 was |
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| | passed is a “relevant enactment”— |
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| | (a) | sections 131 to 133 of the Social Security Contributions and Benefits |
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| | Act 1992 (council tax benefit); |
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| | (b) | sections 134 to 137 of that Act (general provisions about income- |
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| | related benefits) so far as applying in relation to council tax benefit; |
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| | (c) | section 1 of the Social Security Administration Act 1992 (entitlement |
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| | to benefit dependent on claim) so far as applying in relation to council |
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| | (d) | section 6 of that Act (regulations about council tax benefit |
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| Page 50, line 2 [Schedule 4], at end insert— |
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| | ‘(3A) | The default scheme must be designed in such a way as to ensure, insofar as can |
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| | reasonably be assessed, that no person below pensionable age, in or seeking |
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| | employment, shall receive a lesser entitlement to a council tax reduction than that |
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| | to which they would have been entitled under council tax benefit.’. |
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| Page 50, line 2 [Schedule 4], at end insert— |
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| | ‘(3B) | If the default scheme has the effect of reducing or removing a reduction to which |
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| | any class of persons was entitled under council tax benefit, it must include such |
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| | transitional provision relating to that reduction or removal as the Secretary of |
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| | State, after consultation with representatives of local government, thinks fit.’. |
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| Page 50, line 5 [Schedule 4], leave out ‘2013’ and insert ‘2014’. |
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| Page 50, line 14 [Schedule 4], leave out sub-paragraphs (2) and (3). |
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| Page 50, line 39 [Schedule 4], at end insert— |
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| | ‘(2A) | In circumstances where a deficit arises in the billing authority’s collection fund |
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| | the authority shall be able to make an application to the Secretary of State for a |
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| | payment to cover that deficit.’. |
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| Page 51, line 30 [Schedule 4], after ‘benefit’ insert ‘, or who makes or has made a |
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| claim for that benefit,’. |
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| Page 51, line 31 [Schedule 4], at end insert— |
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| | Council tax reduction schemes: Wales |
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| | (a) | “the regulations” means regulations under section |
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| | (b) | “scheme” means council tax reduction scheme under the |
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| | (c) | “specified” means specified in the regulations; |
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| | (d) | “specified authority” means a person or body required by |
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| | the regulations to make a scheme (and, in relation to a |
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| | particular scheme, means the authority which made the |
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| | scheme or is under a duty to make it). |
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| | |
| | 2 (1) | The regulations may— |
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| | (a) | prescribe, for each scheme that is to be made, the dwellings |
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| | to which that scheme is to apply; |
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| | (b) | require each scheme to state the dwellings to which it is to |
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| | (2) | The regulations may prescribe— |
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| | (a) | the date by which each scheme is to be made, and |
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| | (b) | the first financial year to which it must relate. |
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| | Persons entitled to reductions |
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| | 3 (1) | The regulations may prescribe— |
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| | (a) | classes of person who are to be entitled to a reduction under |
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| | (b) | classes of person who must not be entitled to a reduction |
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| | (a) | allow specified authorities to determine (subject to |
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| | regulations under sub-paragraph (1)) classes of person who |
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| | are to be entitled to a reduction under schemes, or |
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| | (b) | provide that specified authorities may not determine such |
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| | (3) | The regulations may require each scheme to state the classes of |
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| | person (prescribed under sub-paragraph (1)(a) or determined under |
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| | sub-paragraph (2)(a)) who are to be entitled to a reduction under the |
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| | (4) | Any class of person prescribed under sub-paragraph (1)(a) may be |
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| | determined by reference to, in particular, the matters listed in sub- |
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| | (5) | The regulations may require any class of person determined under |
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| | sub-paragraph (2)(a) to be determined by reference to specified |
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| | matters (which may include those listed in sub-paragraph (7)). |
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| | (6) | If the regulations do not require a class a person to be determined as |
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| | mentioned in sub-paragraph (5), the specified authority may |
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| | determine that class by reference to, in particular, the matters listed |
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| | (a) | whether the Welsh Ministers consider, or the specified |
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| | authority considers, any person to be in financial need; |
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| | (b) | the income of any person liable to pay council tax in respect |
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| | of any dwelling to which a scheme is to apply; |
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| | (c) | the capital of any such person; |
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| | (d) | whether any such person is in receipt of any specified |
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| | (e) | the income and capital of any other person who is a resident |
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| | of the dwelling, or whether any such person is in receipt of |
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| | (f) | the number of dependants of any person within paragraph |
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| | (g) | whether the person has made an application for the |
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| | 4 (1) | The regulations may prescribe reductions, including minimum and |
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| | maximum reductions, to which persons in each class (whether |
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| | prescribed under paragraph 3(1)(a) or determined under paragraph |
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| | 3(2)(a)) are to be entitled under schemes. |
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| | (a) | allow specified authorities to determine (subject to |
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| | regulations under sub-paragraph (1)) reductions to which |
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| | persons in each class set out in the scheme are to be |
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| | (b) | provide that specified authorities may not determine such |
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| | (3) | The regulations may require each scheme to set out the reductions |
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| | (whether prescribed under sub-paragraph (1) or determined under |
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| | sub-paragraph (2)(a)) to which persons in each class set out in the |
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| | scheme are to be entitled. |
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| | (4) | Different reductions may be set out for different classes. |
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| | (5) | A reduction under a scheme may be— |
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| | (a) | a discount calculated as a percentage of the amount which |
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| | would be payable apart from the scheme, |
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| | (b) | a discount of an amount set out in the scheme or to be |
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| | calculated in accordance with the scheme, |
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| | (c) | expressed as an amount of council tax to be paid (lower |
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| | than the amount which would be payable apart from the |
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| | scheme) which is set out in the scheme or is to be calculated |
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| | in accordance with it, or |
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| | (d) | the whole amount of council tax (so that the amount |
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| | 5 (1) | The regulations may require each scheme to state— |
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| | (a) | the procedure by which a person may apply for a reduction |
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| | (b) | the procedure by which a person can make an appeal under |
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| | section 16 against any decision which affects the person’s |
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| | entitlement to a reduction under the scheme or the amount |
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| | of any reduction to which the person is entitled; |
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| | (c) | the procedure by which a person can apply to the relevant |
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| | billing authority for a reduction under section 13A(1)(b). |
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| | (2) | In sub-paragraph (1)(c), the relevant billing authority for any |
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| | dwelling to which the scheme applies is the billing authority in |
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| | whose area the dwelling is situated. |
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| | (3) | The regulations may prescribe requirements which must be met by |
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| | the procedure mentioned in sub-paragraph (1)(a) or (b). |
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| | 6 (1) | The regulations may— |
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| | (a) | require other matters to be included in schemes; |
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| | (b) | allow schemes to make provision that is equivalent to |
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| | provision made by a relevant enactment, or provision that |
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| | is capable of being made under a relevant enactment, with |
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| | such modifications as specified authorities think fit; |
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| | (c) | prescribe the procedure which a specified authority must |
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| | follow when making a scheme (including requirements |
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| | regarding consultation and other steps to be taken before |
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| | and after making the scheme); |
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| | (d) | require or allow functions conferred by the regulations to |
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| | be exercised by specified authorities jointly with other |
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| | (e) | prescribe a default scheme which is to take effect, if a |
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| | specified authority fails to make a scheme in accordance |
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| | with the regulations, in respect of dwellings to which that |
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| | scheme would have applied; |
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| | (f) | impose requirements on specified authorities relating to the |
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| | review, revision or replacement of schemes; |
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| | (g) | enable specified authorities to make reasonable charges for |
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| | the supply of copies of documents relating to schemes; |
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| | (h) | require specified authorities to provide to the Welsh |
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| | Ministers information about schemes. |
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| | (2) | In particular, the regulations may under sub-paragraph (1)(a) set out |
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| | provision to be included in schemes, and a default scheme |
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| | prescribed under sub-paragraph (1)(d) may make provision, that is |
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| | (a) | provision made by a relevant enactment, or |
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| | (b) | provision that is capable of being made under a relevant |
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| | | with such modifications as the Welsh Ministers think fit. |
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| | (3) | For the purposes of sub-paragraphs (1)(b) and (2), each of the |
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| | following enactments as it had effect on the day on which the Local |
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| | Government Finance Act 2012 was passed is a “relevant |
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| | |
| | (a) | sections 131 to 133 of the Social Security Contributions |
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| | and Benefits Act 1992 (council tax benefit); |
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| | (b) | sections 134 to 137 of that Act (general provisions about |
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| | income-related benefits) so far as applying in relation to |
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| | (c) | section 1 of the Social Security Administration Act 1992 |
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| | (entitlement to benefit dependent on claim) so far as |
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| | applying in relation to council tax benefit; |
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| | (d) | section 6 of that Act (regulations about council tax benefit |
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| | 7 (1) | The regulations may make such transitional provision regarding the |
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| | commencement of schemes as the Welsh Ministers think fit. |
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| | (2) | Such provision may include, in particular, provision for and in |
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| | connection with treating a person who is or was in receipt of council |
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| | tax benefit, or who makes or has made a claim for that benefit, as |
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| | having made an application for a reduction under a scheme. |
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| | 8 | In exercising any function relating to schemes, a specified authority |
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| | must have regard to any guidance issued by the Welsh Ministers.”’. |
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| Page 52, line 7 [Schedule 4], after ‘scheme’ insert ‘under section 13A(2)’. |
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| Page 52, line 11 [Schedule 4], leave out ‘a billing authority’. |
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| Page 52, line 12 [Schedule 4], at beginning insert ‘a billing authority in England or |
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| a specified authority (within the meaning of Schedule 1B) in Wales’. |
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| Page 52, line 13 [Schedule 4], at beginning insert ‘a billing authority’. |
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| New Clauses relating to non-domestic rating |
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| | Tax increment financing schemes |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may provide in regulations under paragraphs 20, 23 or 26 |
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| | of Schedule 1 (levy payments, safety net payments and safety net payments on |
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| | account) for the calculated amount for an area in which a tax increment financing |
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| | scheme is in place to disregard the levy and any re-set. |
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| | (2) | Regulations under subsection (1) shall be made by statutory instrument and may |
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| | not be made unless a draft has been laid before and approved by resolution of each |
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| | Determination of central and local shares |
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| To move the following Clause:— |
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| | ‘(1) | In determining the central share and the local share for any relevant authority, the |
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| | Secretary of State must have regard to— |
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| | (a) | the level of need in that authority, and |
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| | (b) | the likely capacity of the authority to benefit from business rate growth. |
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| | (2) | Any assessment of the level of need shall include— |
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| | (a) | the ranking of the local authority in the Index of Multiple Deprivation, |
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| | (b) | the level of unemployment within the authority’s area, |
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| | (c) | the proportion of adults within the authority’s area who have a limiting |
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| | (d) | the number of adults within the area who are in receipt of social care, |
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| | (e) | the number of looked-after children within the authority, and |
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| | (f) | the level of child poverty within the authority’s area. |
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| | (3) | The Secretary of State must lay his assessment before the House at the same time |
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| | as the Local Government Finance Report.’. |
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| | National business rate policy changes: consultation |
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| | To move the following Clause:— |
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| | ‘The Secretary of State may not make any changes to national business rate policy |
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| | which impact on local business rate yields without first consulting with all |
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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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