Lords Amendments to the Local Government Finance Bill

Session 2012 - 13
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Other Bills before Parliament

Lords Amendments to the Local Government Finance Bill

7
35
Page 24, line 10, leave out “or this paragraph” and insert “, this paragraph or Part

6 (funds) so far as applying to non-domestic rates”
36
Page 24, line 11, leave out from “a” to “does” in line 12 and insert “certified

calculation or certified information”
37
Page 24, line 14, after “or” insert “certified”
38
Page 24, line 14, at end insert—

    “( )
The regulations may confer power on the Secretary of State to give

directions about the certification of calculations or information.”
39
Page 24, line 14, at end insert—

“Payments out of deduction from central share payments

9A  (1)
The Secretary of State may by regulations make provision for a billing

authority to make a payment for a year to one or more major precepting

authorities of an amount equal to a proportion of the amount that is to

be deducted in accordance with regulations under paragraph 7A from

the billing authority’s payment under paragraph 6 to the Secretary of

State for the year.

      (2)
The regulations may make provision about the administration of

payments to major precepting authorities under the regulations.

      (3)
The regulations may, in particular, make provision in relation to

payments to major precepting authorities of the same kind as the

provision that may be made under sub-paragraph (2) of paragraph 9 in

relation to payments to major precepting authorities to which that sub-

paragraph applies.”
40
Page 31, line 27, leave out “paid” and insert “payable”
41
Page 31, line 31, leave out “paid to it for the year” and insert “of the amounts

payable in respect of the year under those sections to the billing authorities that are

required to make payments to it for the year”
42
Page 32, leave out lines 10 to 13 and insert—

“( )
if the authority is subject to a requirement imposed by a direction

under paragraph 40 (direction to make calculations or supply

information) or by or under regulations under paragraph 40A

(regulations about calculations and supply of information) for

the purposes of this paragraph, as soon as is reasonably

practicable after the time for compliance with that requirement,”
43
Page 33, line 2, leave out “paid” and insert “payable”
44
Page 33, line 6, leave out “paid to it for the year” and insert “of the amounts payable

in respect of the year under those sections to the billing authorities that are

required to make payments to it for the year”
45
Page 33, leave out lines 28 to 31 and insert—

“( )
if the authority is subject to a requirement imposed by a direction

under paragraph 40 (direction to make calculations or supply

information) or by or under regulations under paragraph 40A

(regulations about calculations and supply of information) for

the purposes of this paragraph, as soon as is reasonably

practicable after the time for compliance with that requirement,”

8
46
Page 34, line 14, leave out “(an “in-year calculation”)”
47
Page 34, line 24, leave out “an in-year” and insert “a”
48
Page 34, line 26, leave out “an in-year” and insert “the”
49
Page 34, line 31, leave out “an in-year” and insert “a”
50
Page 34, line 33, leave out “an in-year” and insert “the”
51
Page 34, line 39, leave out “an in-year” and insert “a”
52
Page 38, line 42, leave out “audit” and insert “certification”
53
Page 38, line 47, leave out from “a” to “does” in line 48 and insert “certified

calculation or certified information”
54
Page 38, line 50, after “or” insert “certified”
55
Page 39, line 4, at end insert—

    “( )
The regulations may confer power on the Secretary of State to give

directions about the certification of calculations or information.”
56
Page 39, leave out lines 39 to 43
57
Page 40, line 1, leave out from “designation” to end of line 2
58
Page 40, line 27, leave out from “consult” to end of line 28 and insert “the

authorities covered by the designation.”
59
Page 40, line 30, leave out from “notify” to end of line 32 and insert “those

authorities.”
60
Page 46, line 11, at end insert—

“Estimates of amounts to be disregarded

39A(1)
The Secretary of State may by regulations make provision for—

(a)
calculations of a kind mentioned in paragraph 37(1)(d) or

38(1)(d) to be made on the basis of an estimate of an amount or

proportion that is to be disregarded under regulations under that

paragraph;

(b)
for the making of a payment by the Secretary of State to a billing

authority or vice versa where it is subsequently determined that

the amount or proportion to be disregarded is more or less than

the amount of the estimate.

      (2)
Regulations under this paragraph may make provision about the

administration of payments under the regulations, including as to—

(a)
the time and manner in which a payment is to be made, and

(b)
the consequences of non-payment.”
61
Page 46, line 16, after “Schedule” insert “or Part 6 (funds) so far as applying to non-

domestic rates”
62
Page 46, line 23, leave out “audited” and insert “certified”
63
Page 46, line 34, leave out “by an audit”
64
Page 47, line 3, at end insert—

9

“Regulations about calculations and supply of information

40A
The Secretary of State may by regulations—

(a)
make any provision that could be made by a direction under

paragraph 40;

(b)
make provision for the Secretary of State to give a direction that

could be given under that paragraph;

(c)
make any provision made by that paragraph in relation to a

direction under it—

(i)
in relation to provision made by regulations under this

paragraph, or

(ii)
in relation to a direction given by the Secretary of State

under regulations under this paragraph.”
Schedule 3
65
Page 55, line 5, at end insert—

    “( )
In subsection (1)(b), after “major precepting authority” insert “or the

Secretary of State”.”
66
Page 55, line 26, after “(2)(e)” insert “or (ea)”
67
Page 55, line 27, at end insert—

“( )
under provision made by regulations under paragraph

9A of that Schedule (regulations about payments by

billing authorities to major precepting authorities out of

deductions from the central share),”
68
Page 55, line 35, after “authorities),” insert “, or

( )
under provision made by regulations under paragraph

39A of that Schedule (payments by Secretary of State

following estimates of amounts relating to designated

areas or classes),”
69
Page 55, line 35, at end insert—

    “( )
In subsection (2)(b), after “major precepting authority” insert “or the

Secretary of State”.”
70
Page 56, line 10, after “(2)(e)” insert “or (ea)”
71
Page 56, line 11, at end insert—

“( )
under provision made by regulations under paragraph

9A of that Schedule (regulations about payments by

billing authorities to major precepting authorities out of

deductions from the central share),”
72
Page 56, line 19, at end insert “, or

( )
under provision made by regulations under paragraph

39A of that Schedule (payments to Secretary of State

following estimates of amounts relating to designated

areas or classes),”.”
73
Page 56, line 28, after “under” insert “or by virtue of”
74
Page 56, line 31, at end insert—

10

“(2B)
The Secretary of State may by regulations make provision

requiring a billing authority to transfer from its general fund to

its collection fund such amounts as may be specified in or

determined in accordance with the regulations by reference to

sums received by the authority in respect of non-domestic rates

under this Act.””
75
Page 56, line 34, leave out ““, (3) or (4A)” substitute “or (3)”” and insert ““97(1), (3)

or (4A) above” substitute “97(1) or (3) or regulations under section 97(2A) above””
76
Page 56, line 34, at end insert—

    “( )
In subsection (1)(c), after “97(2) or (4) above” insert “or regulations under

section 97(2B) above”.

      ( )
In subsection (3)—

(a)
in paragraph (b)(i), for “major precepting authorities” substitute

“one or more relevant authorities”,

(b)
in paragraph (c), for “any major precepting authorities”

substitute “prescribed relevant authorities”, and

(c)
in each of paragraphs (d) and (f), for “major precepting

authority” substitute “relevant authority”.”
77
Page 56, line 35, at end insert—

    “( )
Before subsection (4) insert—

“(3C)
In subsection (3) “relevant authority” means—

(a)
a major precepting authority, or

(b)
the Secretary of State.

(3D)
Regulations under subsection (3) may make separate provision

in relation to council tax and non-domestic rates, with the effect

that—

(a)
more than one estimate is to be made by a billing

authority of whether there is a deficit or surplus in its

collection fund for a financial year and, if so, of the

amount of the deficit or surplus,

(b)
each estimate takes into account different amounts to be

paid into or met from that fund, and

(c)
each estimate has different consequences as to the

payments to be made, or other functions to be exercised,

by the billing authority, major precepting authorities or

the Secretary of State.””
78
Page 56, line 42, at end insert ““regulations under section 99(3) above,”
79
Page 56, line 46, after “Schedule,” insert “regulations made under paragraph 39A

of that Schedule,”
80
Page 57, line 1, at end insert ““regulations under section 99(3) above,”
81
Page 57, line 5, after “Schedule,” insert “regulations made under paragraph 39A of

that Schedule,”
82
Page 57, line 14, leave out from “etc)” to end of line 21 and insert “—

( )
at the end of paragraph (b) insert “or”, and

11

( )
omit paragraph (c) and the “or” at the end of that paragraph

(which provides for certification of calculations under Schedule

8 to the LGFA 1988).”
Schedule 4
83
Page 59, line 33, at end insert—

“( )
sections 32 to 34 of the Welfare Reform Act 2007 (benefit for

persons taking up employment) so far as applying in relation to

council tax benefit.”
84
Page 61, line 2, at end insert—

“( )
sections 32 to 34 of the Welfare Reform Act 2007 (benefit for

persons taking up employment) so far as applying in relation to

council tax benefit.”
85
Page 62, line 3, at end insert “that make provision in relation to council tax”
86
Page 66, line 5, at end insert—

“( )
sections 32 to 34 of the Welfare Reform Act 2007 (benefit for

persons taking up employment) so far as applying in relation to

council tax benefit.”
87
Page 66, line 19, at end insert—

“LGFA 1988

1A
In Part 1 of Schedule 11 to the LGFA 1988 (the Valuation Tribunal for

England), after paragraph A18 insert—

“Power for member of First-tier Tribunal to act as member of the Tribunal

A18A (1)
A member of the First-tier Tribunal (an “FTT member”) may

act as a member of the Valuation Tribunal for England.

      (2)
An FTT member may only act as a member of the Tribunal—

(a)
at the request of the President and with the approval of

the Senior President of Tribunals,

(b)
in relation to an appeal that relates, in whole or in part,

to a council tax reduction scheme made or having

effect as if made by a billing authority in England, and

(c)
if the FTT member is not disqualified from being, or

acting as, a member of the Tribunal.

      (3)
A request under sub-paragraph (2)(a)—

(a)
may relate to a particular appeal or to appeals of a

particular kind,

(b)
may be made only if the President thinks that FTT

members are likely to have particular expertise that is

relevant to the determination of the appeal, or to

appeals of the kind, to which it relates.

      (4)
An approval under sub-paragraph (2)(a) may relate to a

particular appeal or to appeals of a particular kind.

12

      (5)
The President may withdraw a request at any time; and an FTT

member acting as a Tribunal member in response to a request

must cease to do so if it is withdrawn.

      (6)
References in this Schedule and in regulations made under

paragraph A19 to a member of the Tribunal include an FTT

member acting as a member of the Tribunal.

      (7)
But sub-paragraph (6) does not apply—

(a)
to paragraph A7, A8, A9, A10 or A12 (which make

provision about the appointment and removal of,

numbers of, and payments to, members of the

Tribunal);

(b)
to regulations under paragraph A19, if and to extent

that the regulations provide that it does not apply.

      (8)
The Valuation Tribunal Service may make payments to the

Lord Chancellor in respect of the expenditure incurred by the

Lord Chancellor in paying remuneration, allowances or

expenses to an FTT member whilst acting as a member of the

Tribunal.

      (9)
In this paragraph—

(a)
references to an appeal include a review by the

Tribunal of a decision made by it on an appeal,

(b)
“council tax reduction scheme” has the same meaning

as in Part 1 of the Local Government Finance Act 1992

(see section 13A(9) of that Act).””
88
Page 67, line 5, at end insert—

“6A
The Local Government Act 2003 is amended as follows.”
89
Page 67, line 6, leave out “of the Local Government Act 2003”
90
Page 67, line 7, at end insert—

“8
In section 105(2)(aa) (functions of the Valuation Tribunal Service:

payments to members of the Valuation Tribunal for England), after

“A14” insert “or A18A(8)”.”
In the Title
91
Line 2, after “tax;” insert “to make provision about the supply of information for

purposes relating to rates in Northern Ireland;”