Local Government Finance Bill (HC Bill 142)

Local Government Finance BillPage 50

(b) after subsection (6) insert—

(6A) If section 45(4D) of the 1988 Act (telecommunications
infrastructure) applies, the amount is calculated by using the
formula—


5

(c) in subsection (9)—

(i) after “43(4B),” insert “(4F),”;

(ii) after “45(4A)” insert “or (4D)”.

(3) In section 14 (chargeable amount: supplementary), in subsection (5)—

(a) 10for ““E” has the meaning that it has” substitute ““E” and “F” have the
meaning that they have”;

(b) for ““N” has the meaning that it has” substitute ““N” and “T” have
the meaning that they have”.

Application

14 15The amendments made by this Schedule have effect in relation to financial
years beginning on or after 1 April 2017 (and accordingly any power to make
regulations conferred by virtue of this Schedule includes power to make
provision having effect in relation to times before the coming into force of
this Schedule).

Section 19

20SCHEDULE 4 Infrastructure supplements: information to be included in a prospectus

The project

1 A description of the work to be undertaken in carrying out the project to
which the infrastructure supplement relates.

2 25A description of any work already undertaken in carrying out the project.

3 A description of any work undertaken by or on behalf of the relevant
authority to assess the feasibility of the project, and an explanation of the
conclusions that the authority draws from that work.

4 A statement that any expenditure for the project is additional to expenditure
30that is normally incurred by the authority in the exercise of its functions.

5 The authority’s estimate of the total cost of the project.

6 The authority’s assessment of—

(a) the likely impact of the imposition of the infrastructure supplement
on businesses in the authority’s area;

(b) 35the likely benefits of the project for its area (including in terms of
economic development);

Local Government Finance BillPage 51

(c) the relationship between the information given under paragraph (a)
and the information given under paragraph (b).

7 If planning permission or any other consent is required for an aspect of the
project, information about—

(a) 5whether the consent has been given, and

(b) if it has, when it was given and how a copy of it (and of the
application for it) can be obtained.

8 A description of the expenditure for which the sums the authority receives
in respect of the infrastructure supplement are going to be used (and, if they
10are going to be used for only certain aspects of a project, a description of
those aspects), and the authority’s assessment of the impact of that
expenditure on the project.

9 If some or all of the sums the authority receives in respect of the
infrastructure supplement are going to be used to make payments in respect
15of money loaned for the purpose of providing funding for the project,
information about—

(a) the amount of money loaned,

(b) the period for which it is loaned,

(c) the other principal terms on which it is loaned (in particular, the rates
20of interest),

(d) the consequences of making payments in respect of the loan earlier
than they are required to be made, and

(e) the arrangements that the authority would make if it thought that it
was necessary for the amount of money loaned to be increased or the
25period for which it is loaned to be extended.

10 An explanation of any arrangements that are going to be made under section
17(5), including in particular—

(a) a statement as to which functional body or bodies the arrangements
are going to involve, and

(b) 30a description of the expenditure for which sums that the functional
body receives in respect of the infrastructure supplement are going
to be used.

11 An explanation of how the authority expects to discharge the duty under
section 17(1) by reference to the expenditure described for the purposes of
35paragraphs 8 to 10.

12 The authority’s policy for providing those liable to pay chargeable amounts
with information about expenditure incurred and work undertaken on the
project (including, in particular, an explanation of how and when such
information is to be provided).

40The amount of the infrastructure supplement

13 The amount the authority expects to raise from the imposition of the
infrastructure supplement (and, where the infrastructure supplement is to
be imposed for more than one financial year, the amount the authority
expects to raise for each financial year).

14 45The amount of the multiplier for each financial year for which the
infrastructure supplement is to be imposed.

Local Government Finance BillPage 52

15 The amount specified by the authority as the rateable value threshold for the
purposes of section 22(2)(a).

Liability to the infrastructure supplement

16 The authority’s policy on whether section 45 ratepayers are to be liable to the
5infrastructure supplement.

17 The date on which the chargeable period is to begin, and its duration.

18 An explanation of the rules for the application of the reliefs (if any) to be
applied in relation to the infrastructure supplement under section 24.

19 An explanation of the arrangements for the collection of sums due in respect
10of the infrastructure supplement (in particular, as to timing and how the
arrangements compare with those for the collection of non-domestic rates).

Variations and contingencies

20 The authority’s policy for deciding whether and to what extent—

(a) to vary the amount of the multiplier;

(b) 15to vary the length of the chargeable period;

(c) to make other variations to the infrastructure supplement.

21 The authority’s policy for publicising such variations before they take effect.

22 The authority’s policy for a case where it thinks that the project is likely to—

(a) cost more than the authority was expecting;

(b) 20take more time to complete than the authority was expecting;

(c) cost less than the authority was expecting;

(d) take less time to complete than the authority was expecting.

Section 37

SCHEDULE 5 Business improvement districts: property owner arrangements and levy

25Part 1 Property owner arrangements and levy

1 (1) The Local Government Act 2003 is amended as follows.

(2) In Part 4 (business improvement districts) sections 41 to 59 become Chapter
1 with the title “BID arrangements and levy: England and Wales”.

(3)
30After that Chapter insert—

Local Government Finance BillPage 53

“CHAPTER 2 Property owner arrangements and levy: England

Property owner arrangements

59A Arrangements with respect to business improvement districts

(1) This section applies if—

(a) 5a billing authority in England has made BID arrangements in
accordance with Chapter 1 with respect to a business
improvement district, and

(b) those arrangements have not ceased to be in force.

(2) The billing authority may in accordance with this Chapter make
10arrangements (“property owner arrangements”) with respect to the
business improvement district.

(3) The purpose of property owner arrangements is to enable—

(a) the projects specified in the arrangements to be carried out
for the benefit of the district or those who live, work or carry
15on any activity in the district, and

(b) those projects to be financed (in whole or in part) by a levy
(“property owner levy”) imposed on persons who have a
relevant property interest.

(4) A project specified in property owner arrangements made by an
20authority need not be a project that is specified in BID arrangements
made by the authority.

(5) Where a project specified in property owner arrangements made by
an authority is a project that is specified in BID arrangements made
by the authority, the ways in which the project may be financed by
25property owner levy include offsetting the amount of a liability for
property owner levy against the amount of a liability for BID levy.

(6) A person has a relevant property interest if the person has an interest
of a prescribed description in a hereditament that is—

(a) situated in the district, and

(b) 30shown in the local non-domestic rating list maintained for the
billing authority.

(7)
Regulations made for the purposes of subsection (6) may prescribe
only freehold, leasehold or commonhold interests.

59B Joint arrangements

(1) 35The Secretary of State may by regulations make provision for or in
connection with enabling two or more billing authorities in England
to make property owner arrangements with respect to a business
improvement district comprising all or part of the area of each of the
authorities.

(2) 40The provision which may be made by regulations under this section
includes provision which modifies any provision made by or under
this Chapter in its application to such arrangements.

59C Additional contributions and action

(1) The persons specified in subsection (2) may make financial
45contributions or take action for the purpose of enabling the projects
specified in property owner arrangements to be carried out.

(2) Those persons are—

(a) the billing authority which has made the arrangements,

(b) a county council or parish council any part of whose area falls
50within the business improvement district, and

(c) any other person authorised or required to do so in
accordance with the arrangements.

59D Duty to comply with arrangements

Where property owner arrangements are in force, the billing
55authority which made the arrangements must comply with them.

Local Government Finance BillPage 54

Property owner levy

59E Property owner levy

(1) Property owner levy is to be imposed in a business improvement
district only for periods (“chargeable periods”) falling within the
5period in which property owner arrangements and BID
arrangements are in force in respect of the district.

(2) The length of any chargeable period, and the day on which it begins,
are to be such as may be specified in the property owner
arrangements.

(3) 10The amount of property owner levy for any chargeable period—

(a) is to be calculated in such manner as may be provided in the
property owner arrangements, and

(b) may be different for different cases.

(4) The Secretary of State may by regulations make provision as to the
15manner in which the amount of property owner levy is to be
calculated; and subsection (3)(a) accordingly has effect subject to
such provision.

59F Liability for property owner levy

(1) Property owner arrangements must specify the description of
20persons with a relevant property interest who are to be liable for
property owner levy for a chargeable period.

(2) A person is to be liable for property owner levy for a chargeable
period if the person falls within that description at any time within
the period.

(3) 25The amount of a person’s liability for property owner levy for any
chargeable period is to be determined in accordance with the
property owner arrangements; but this is subject to any regulations
made under section 59E(4).

(4) Any amount of property owner levy for which a person is liable is to
30be paid to the billing authority which made the arrangements.

Local Government Finance BillPage 55

(5) The Secretary of State may by regulations make provision for
securing that a tenant of a hereditament is not required by reference
to the tenancy to make payments the effect of which would be to
reimburse the landlord to any extent for amounts payable by the
5landlord by way of property owner levy.

(6) No regulations under subsection (5) shall be made by the Secretary
of State unless a draft of the statutory instrument containing the
regulations (whether containing them alone or with other
provisions) has been laid before, and approved by a resolution of,
10each House of Parliament.

Administration etc

59G Payments into BID Revenue Account

(1) Amounts paid to a billing authority by way of property owner levy
with respect to a business improvement district must be credited to
15the revenue account kept by the authority under section 47(1) for the
purposes of BID arrangements made with respect to that business
improvement district.

(2) Amounts are to be debited to that account in accordance with the
property owner arrangements.

(3) 20The Secretary of State may by regulations make further provision in
relation to the account for the purposes of this Chapter.

59H Administration of property owner levy etc

(1) The Secretary of State may by regulations make provision with
respect to the imposition, administration, collection, recovery and
25application of property owner levy.

(2) The provision which may be made by regulations under this section
includes provision—

(a) corresponding to any provision which may be made by
regulations under section 50 or 63 of, or Schedule 9 to, the
30Local Government Finance Act 1988 (joint owners or
occupiers, death and administration of non-domestic rating);

(b) modifying or applying with modifications any provision
made by regulations under any of those provisions.

(3) Nothing in subsection (2) is to be taken as limiting the power
35conferred by subsection (1).

Procedure

59I Proposals for property owner arrangements

(1) Property owner arrangements are not to come into force unless
proposals for the arrangements (“property owner proposals”) are
40approved by a ballot (a “property owner ballot”) of the persons with
a relevant property interest who are to be liable for the proposed
property owner levy.

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

Local Government Finance BillPage 56

(a) as to the persons who may draw up property owner
proposals,

(b) as to the procedures to be followed in connection with the
drawing up of such proposals,

(c) 5as to the matters to be included in such proposals, and

(d) as to the date which may be provided under such proposals
for the coming into force of property owner arrangements
which give effect to the proposals.

(3) Subsection (1) is subject to provision made in regulations under
10section 59Q.

59J Approval in ballot

(1) Property owner proposals are not to be regarded as approved by a
property owner ballot unless two conditions are satisfied.

(2) The first condition is that a majority of persons voting in the ballot
15have voted in favour of the proposals.

(3) The second condition is that A exceeds B.

(4) A is such amount as is calculated by reference to the rateable values
of hereditaments in the manner prescribed and is attributable to
persons who voted in favour of the proposals.

(5) 20B is such amount as is calculated by reference to the rateable values
of hereditaments in the manner prescribed and is attributable to
persons who voted against the proposals.

(6) Regulations making provision for the purposes of subsections (4)
and (5) may, in particular, provide for the amounts in question to be
25calculated by aggregating the rateable values of each hereditament
in respect of which a person voted in the ballot.

(7) For the purposes of this section, the rateable value of a hereditament
is that shown on the day of the ballot under section 42(4) of the Local
Government Finance Act 1988.

(8) 30No regulations under subsection (4) or (5) shall be made by the
Secretary of State unless a draft of the statutory instrument
containing the regulations (whether containing them alone or with
other provisions) has been laid before, and approved by a resolution
of, each House of Parliament.

(9) 35Subsection (1) is subject to provision made in regulations under
section 59Q.

59K Combination with ballot on BID proposals, etc

(1) Regulations made under section 59Q may, in particular, provide for
a property owner ballot—

(a) 40to be combined with a ballot held for the purposes of section
54;

(b) to be held at the same time as (but not to be combined with)
such a ballot;

Local Government Finance BillPage 57

(c) to be held within such period from the date of a ballot held
for the purposes of section 49 or 54 as the regulations may
prescribe.

(2) Regulations making provision for a case within subsection (1)(a) may
5provide for one or other of the following—

(a) for the property owner proposals to be regarded as approved
if prescribed conditions are satisfied in relation to them;

(b) for the proposals to be regarded as approved only if
prescribed conditions are satisfied in relation to them and
10prescribed conditions are satisfied in relation to the matter on
which the ballot mentioned in subsection (1)(a) is held.

(3) Provision by virtue of subsection (2) may authorise the person
entitled to draw up the property owner proposals to decide which of
paragraphs (a) and (b) of that subsection is to provide the basis for
15the assessment of whether the proposals may be regarded as
approved.

(4) A condition prescribed for the purposes of subsection (2) may, in
particular, involve weighting a person’s vote by reference to the
extent of the person’s liability to BID levy or property owner levy.

(5) 20No regulations by virtue of subsection (1) shall be made by the
Secretary of State unless a draft of the statutory instrument
containing the regulations (whether containing them alone or with
other provisions) has been laid before, and approved by a resolution
of, each House of Parliament.

(6) 25Nothing in this section is to be taken as limiting the power conferred
by section 59Q.

59L Power of veto

(1) This section applies where property owner proposals are approved
by a property owner ballot.

(2) 30The billing authority to which the proposals relate may, in
prescribed circumstances, veto the proposals within such period
from the date of the ballot as may be prescribed.

(3) In deciding whether to exercise the veto, a billing authority is to have
regard to such matters as may be prescribed.

(4) 35If a billing authority vetoes property owner proposals, it must give
notice of the exercise of the veto to the persons entitled to vote in the
ballot.

(5) The notice—

(a) must set out the reasons for the exercise of the veto, and

(b) 40must give details of the right of appeal under section 59M.

(6) A copy of the notice must be sent to the Secretary of State.

59M Appeal against veto

(1) Where a billing authority vetoes property owner proposals, any
person who was entitled to vote in the ballot may appeal to the
45Secretary of State.

Local Government Finance BillPage 58

(2) The Secretary of State may by regulations make provision in relation
to appeals under this section, including provision—

(a) as to the time by which an appeal is to be made,

(b) as to the manner in which an appeal is to be made,

(c) 5as to the procedure to be followed in connection with an
appeal, and

(d) as to the matters to be taken into account in deciding whether
to allow an appeal.

59N Commencement of property owner arrangements

(1) 10This section applies where property owner proposals are approved
by a property owner ballot.

(2) The billing authority concerned must ensure that property owner
arrangements which give effect to the proposals are made by the
time the arrangements are to come into force in accordance with this
15section.

(3) Subject to subsection (4), the property owner arrangements are to
come into force on such day as may be provided under the property
owner proposals.

(4) If the property owner proposals are vetoed under section 59L,
20property owner arrangements which give effect to the proposals are
not to come into force unless the Secretary of State allows an appeal
against the veto under section 59M.

(5) Where the Secretary of State allows such an appeal, property owner
arrangements which give effect to the proposals are to come into
25force on such day as the Secretary of State may determine.

(6) The day determined under subsection (5) must not be earlier than the
day mentioned in subsection (3).

Miscellaneous

59O Duration of property owner arrangements etc

(1) 30Subject to subsection (2), property owner arrangements made by a
billing authority with respect to a business improvement district are
to have effect for such period (not exceeding 5 years) as may be
specified in the arrangements.

(2) Property owner arrangements made by a billing authority with
35respect to a business improvement district cease to have effect when
there are no longer any BID arrangements in force with respect to
that business improvement district.

(3) Property owner arrangements may be renewed for one or more
periods each of which must not exceed 5 years, but only if the
40renewal of the arrangements on that or each occasion is approved by
a ballot (a “property owner renewal ballot”) of the persons with a
relevant property interest in the business improvement district who
are liable for the property owner levy.

(4) The renewal of property owner arrangements is not to be regarded
45as approved by a property owner renewal ballot unless the two

Local Government Finance BillPage 59

conditions in section 59J which apply to the approval of property
owner proposals are satisfied in relation to the renewal of the
arrangements.

(5) The Secretary of State may by regulations make provision—

(a) 5as to the alteration of property owner arrangements, and

(b) as to the termination of property owner arrangements.

(6) The provision which may be made by virtue of subsection (5)(a) or
(b) includes provision preventing or restricting the alteration or early
termination of property owner arrangements.

(7) 10Nothing in subsection (6) is to be taken as limiting the power
conferred by subsection (5).

(8) No regulations under subsection (5) shall be made by the Secretary
of State unless a draft of the statutory instrument containing the
regulations (whether containing them alone or with other
15provisions) has been laid before, and approved by a resolution of,
each House of Parliament.

59P Information

(1) Regulations made by the Secretary of State may authorise the
disclosure of information to a billing authority in England so as to
20enable it to identify persons who, as regards a hereditament of the
description given in section 59A(6), have an interest of a description
prescribed for the purposes of that section.

(2) Regulations made by the Secretary of State may for the purposes of
this Chapter confer on a billing authority in England such power as
25an acquiring authority has under section 5A of the Acquisition of
Land Act 1981 (power to require information); and for that purpose
the regulations may apply (with or without modifications)—

(a) that section;

(b) section 5B of that Act (offence);

(c) 30paragraphs 5A to 5E of Schedule 9 to the Local Government
Finance Act 1988 (civil penalty);

(d) provision made by virtue of paragraph 5F of that Schedule.

(3) Provision by virtue of subsection (2) may not modify a provision so
as to impose a penalty greater than that imposed by the provision
35being modified.

(4) A billing authority in England—

(a) may not use information provided to it by virtue of this
section except in so far as is necessary for the purposes of this
Part, and

(b) 40may not disclose the information (except in accordance with
an enactment, in pursuance of an order of a court or with the
consent of any person to whom the information relates).

(5) No regulations under subsection (1) or (2) shall be made by the
Secretary of State unless a draft of the statutory instrument
45containing the regulations (whether containing them alone or with
other provisions) has been laid before, and approved by a resolution
of, each House of Parliament.

59Q Regulations about ballots

(1) The Secretary of State may by regulations make provision in relation
50to ballots.

(2) The provision which may be made by regulations under this section
includes provision—

(a) as to the timing of ballots;

(b) as to the persons with a relevant property interest entitled to
55vote in a ballot;

(c) as to the question to be asked in a ballot;

(d) as to the form that ballots may take;

(e) as to the persons who are to hold ballots;

(f) as to the conduct of ballots;

(g) 60conferring power on the Secretary of State to declare ballots
void in cases of material irregularity;

(h) for or in connection with enabling a billing authority to
recover the costs of a ballot from such persons and in such
circumstances as may be prescribed.

(3) 65Nothing in subsection (2) is to be taken as limiting the power
conferred by subsection (1).

(4) No regulations under subsection (1) which include provision of the
kind mentioned in subsection (2)(b) shall be made by the Secretary of
State unless a draft of the statutory instrument containing the
70regulations (whether containing them alone or with other
provisions) has been laid before, and approved by a resolution of,
each House of Parliament.

(5) In this section “ballot” means a property owner ballot or a property
owner renewal ballot.

59R 75Power to make further provision

(1) The Secretary of State may by regulations make such supplementary,
incidental, consequential or transitional provision as the Secretary of
State considers necessary or expedient for the purposes of, in
consequence of, or for giving full effect to, any provision made by or
80under this Chapter.

(2) The provision which may be made under subsection (1) includes
provision amending any enactment passed or made before this
section comes into force.

(3) No regulations under subsection (1) which include provision
85amending an Act shall be made by the Secretary of State unless a
draft of the statutory instrument containing the regulations (whether
containing them alone or with other provisions) has been laid before,
and approved by a resolution of, each House of Parliament.

59S Crown application

90This Chapter binds the Crown.

59T Interpretation of Chapter 2

(1) In this Chapter—

    Local Government Finance BillPage 60

  • “BID arrangements” and “BID levy” have the meaning given by
    section 41;

  • “billing authority” means a district council, a unitary county
    council, a London borough council, the Common Council of
    5the City of London or the Council of the Isles of Scilly;

  • “business improvement district” has the meaning given by
    section 41;

  • “chargeable period” has the meaning given by section 59E(1);

  • “enactment” includes an enactment contained in a local or
    10private Act or comprised in subordinate legislation (within
    the meaning of the Interpretation Act 1978);

  • “person with a relevant property interest” has the meaning
    given by section 59A(6);

  • “prescribed” means prescribed by regulations made by the
    15Secretary of State;

  • “property owner arrangements” and “property owner levy”
    have the meaning given by section 59A;

  • “property owner ballot” and “property owner proposals” have
    the meaning given by section 59I(1);

  • 20“property owner renewal ballot” has the meaning given by
    section 59O(3);

  • “unitary county council” means a county council that is the
    council for a county in which there are no district councils.

(2) Other expressions which are used in this Chapter and in Part 3 of the
25Local Government Finance Act 1988 (non-domestic rates) have the
same meaning in this Chapter as they have in that Part.”

Local Government Finance BillPage 61

Part 2 Amendments relating to property owner arrangements and levy

Town and Country Planning Act 1990

2 In paragraph 15 of Schedule 4B to the Town and Country Planning Act 1990
5(neighbourhood development orders: referendum), in sub-paragraph (4),
after “in” insert “Chapter 1 of”.

Local Government Finance Act 1992

3 (1) The Local Government Finance Act 1992 is amended as follows.

(2) In section 31A (calculation of council tax requirement by authorities in
10England), in subsection (13), after “in” insert “Chapter 1 of”.

(3) In section 32 (calculation of budget requirement by authorities in Wales), in
subsection (12A), after “in” insert “Chapter 1 of”.

Greater London Authority Act 1999

4 In section 99 of the Greater London Authority Act 1999 (council tax:
15interpretation), in the definition of “BID levy”, after “in” insert “Chapter 1
of”.

Local Government Finance BillPage 62

Local Government Act 2003

5 (1) The Local Government Act 2003 is amended as follows.

(2) In section 41 (arrangements with respect to business improvement districts),
in subsection (1), for “Part” substitute “Chapter”.

(3) 5In section 42 (joint arrangements), in subsection (2), for “Part” substitute
“Chapter”.

(4) In section 47 (BID Revenue Account), in subsection (3), at the end insert “(but
in relation to England, this is subject to section 59G(2)).”

(5) In section 56 (power to make further provision), in subsection (1), for “Part”
10substitute “Chapter”.

(6) In section 57 (Crown application), for “Part” substitute “Chapter”.

(7) In section 58 (Wales), in subsection (2)(a), for “Part” substitute “Chapter”.

(8) In section 59 (interpretation)—

(a) in subsection (1), for “Part” substitute “Chapter”,

(b) 15in subsection (2), for “this Part” (in both places) substitute “this
Chapter”, and

(c) in the heading, for “Part 4” substitute “Chapter 1”.

Business Rate Supplements Act 2009

6 (1) The Business Rate Supplements Act 2009 is amended as follows.

(2) 20In section 16 (interaction with BID levies)—

(a) in subsection (1), after “BID levy” insert “or property owner levy”,

(b) in subsection (2)—

(i) after “BID levy” insert “or property owner levy”, and

(ii) at the end insert—

25“But this is subject to regulations made under
subsection (6).”,

(c) in subsection (3), after “BID levy” insert “or property owner levy (or
both)”,

(d) in subsection (4), after paragraph (b) (but before the “and” following
30it) insert—

(ba) apply consistently in relation to property owner
levies,”,

(e) after subsection (4) insert—

(4A) The rules relating to BID levy do not need to be the same as
35the rules relating to property owner levy.”,

(f) omit subsection (5),

(g) at the end insert—

(6) Regulations made by the Secretary of State may provide that
a person who would, but for this subsection, be liable to pay
40each of a business rate supplement, BID levy and property
owner levy in respect of the same hereditament is instead to
be liable to pay only—

(a) the business rate supplement, and

Local Government Finance BillPage 63

(b) either BID levy or property owner levy.”, and

(h) the heading of section 16 becomes “Interaction with BID levy and
property owner levy
”.

(3) In section 29(5) (regulations: affirmative procedure), omit paragraphs (g)
5and (h).

(4) In section 30(2) (interpretation), after the entry for “lower-tier authority”
insert—

“Property
owner levy
Section 59A(3)
of the 2003
10Act”.

(5) In Schedule 1 (information to be included in a prospectus for a BRS), in
paragraph 17, for “BRS-BID” substitute “property owner”.

(6) Omit Schedule 2 (BRS-BID arrangements).

Part 3 15Transitional and saving provision

7 (1) The amendments of the Business Rate Supplements Act 2009 (“the 2009
Act”) made by paragraph 6 do not have effect in relation to any BRS-BID
arrangements made, or any BRS-BID levy imposed, under Schedule 2 to that
Act before this Schedule comes into force.

(2) 20Sub-paragraph (3) applies in relation to any BRS-BID arrangements made
under Schedule 2 to the 2009 Act before this Schedule comes into force (“pre-
commencement BRS-BID arrangements”).

(3) Where pre-commencement BRS-BID arrangements would, in the absence of
this sub-paragraph, fall to be renewed under section 54(2) of the Local
25Government Act 2003 (by virtue of paragraph 9(1)(g) of Schedule 2 to the
2009 Act)—

(a) the arrangements, if renewed, must be renewed as if they were
property owner arrangements made under Chapter 2 of Part 4 of the
Local Government Act 2003, and

(b) 30the renewed arrangements are to be regarded as property owner
arrangements made under that Chapter.

(4) In this paragraph “BRS-BID arrangements” and “BRS-BID levy” have the
meaning given by paragraph 2 of Schedule 2 to the 2009 Act.