Localism Bill (HL Bill 71)

(4) Any reference in this Chapter to a local precepting authority’s
relevant basic amount of council tax for a financial year is a reference
to the amount found by applying the formula—

(5) Where the aggregate calculated by the authority for the year under
subsection (2) of section 49A above does not exceed that so calculated
15under subsection (3) of that section, the amount for item R in
subsection (4) above is to be nil.

(6) The Secretary of State must make regulations containing rules for
making for any year the calculation required by item T in subsection
(4) above; and the billing authority concerned must make the
20calculations for any year in accordance with the rules for the time
being effective (as regards the year) under the regulations.

(7) Regulations prescribing a period for the purposes of item T in
subsection (4) above may provide that, in any case where a billing
authority fails to notify its calculation to the precepting authority
25concerned within that period, that item must be determined in the
prescribed manner by such authority or authorities as may be
prescribed.

(8) In the application of this section any calculation for which another
has been substituted is to be disregarded.

52ZY 30Information for purposes of Chapter 4ZA

(1) The Secretary of State may serve on an authority a notice requiring it
to supply to the Secretary of State such information as is specified in
the notice and required for the purposes of the performance of the
Secretary of State’s functions under this Chapter.

(2) 35The authority must supply the information required if it is in its
possession or control, and must do so in such form and manner and
at such time as the Secretary of State specifies in the notice.

(3) If an authority fails to comply with subsection (2), the Secretary of
State may exercise the Secretary of State’s functions on the basis of
40such assumptions and estimates as the Secretary of State thinks fit.

(4) In exercising those functions, the Secretary of State may also take into
account any other available information, whatever its source and
whether or not obtained under a provision contained in or made
under this or any other Act.”

Section 59

5SCHEDULE 6 Council tax referendums: further amendments

Local Government Finance Act 1992 (c. 14)Local Government Finance Act 1992 (c. 14)

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

2 (1) Section 31 (substituted amounts) is amended as follows.

(2) 10In subsection (1) for the “or” at the end of paragraph (a) substitute—

“(aa) substitute calculations it has made under section 52ZF below
have effect by virtue of section 52ZH or 52ZI below; or”.

(3) After subsection (4) insert—

“(4A) Subject to any provision made by regulations under subsection (6),
15where an authority sets amounts in substitution under subsection
(1)(a) above in the circumstances described in section 52ZO(6) or
52ZP(6) or (8) below, it may recover from the local precepting
authority in question administrative expenses incurred by it in, or in
consequence of, so doing.”

(4) 20In subsection (5) at the beginning insert “Subject to any provision made by
regulations under subsection (6),”.

(5) After subsection (5) insert—

“(6) The Secretary of State may by regulations make provision for cases
in which—

(a) 25subsection (4A) or (5) does not apply, or

(b) that subsection applies with modifications.”

3 In section 42(1) (substituted precepts) before “52J” insert “52ZU,”.

4 In section 52A (interpretation of Chapter 4A) in each of paragraphs (a) and
(b) after “authority” insert “in Wales”.

5 (1) 30Section 52B (power to designate authorities) is amended as follows.

(2) In subsection (1)—

(a) for “Secretary of State’s” substitute “Welsh Ministers’”,

(b) for “he” substitute “they”, and

(c) for “his” substitute “their”.

(3) 35In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (5)—

(a) for “Secretary of State determines” substitute “Welsh Ministers
determine”, and

(b) in paragraph (b) for “Secretary of State” substitute “Welsh Ministers”
and for “his” substitute “their”.

(5) In subsection (6) for “he does” substitute “they do”.

(6) In subsection (7)—

(a) 5for “Secretary of State” substitute “Welsh Ministers”, and

(b) for “he thinks” substitute “they think”.

(7) In subsection (8) for “Secretary of State” substitute “Welsh Ministers”.

6 (1) Section 52C (alternative notional amounts) is amended as follows.

(2) In subsection (1)—

(a) 10for “Secretary of State” substitute “Welsh Ministers”, and

(b) for “his” substitute “their”.

(3) In subsection (3)—

(a) in paragraph (c)—

(i) for “Secretary of State thinks” substitute “Welsh Ministers
15think”, and

(ii) for “him” substitute “them”, and

(b) in paragraph (d) for “House of Commons” substitute “National
Assembly for Wales”.

(4) In subsection (4) for “House of Commons” substitute “National Assembly
20for Wales”.

7 (1) Section 52D (designation or nomination) is amended as follows.

(2) In subsection (1) for “Secretary of State’s” substitute “Welsh Ministers’”.

(3) In subsection (2) for “he” substitute “they”.

(4) In subsection (3) for “Secretary of State” substitute “Welsh Ministers”.

8 (1) 25Section 52E (designation) is amended as follows.

(2) In subsection (1) for “Secretary of State designates” substitute “Welsh
Ministers designate”.

(3) In subsection (2)—

(a) in the opening words for “He” substitute “They”,

(b) 30in paragraph (c) for “he determines” substitute “they determine”,

(c) in each of paragraphs (d) and (e) for “he proposes” substitute “they
propose”, and

(d) in paragraph (f) for “he expects” substitute “they expect”.

(4) In subsection (5) for “Secretary of State” substitute “Welsh Ministers”.

9 (1) 35Section 52F (challenge of maximum amount) is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “Welsh Ministers”.

(3) In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (3)—

(a) in paragraph (a) for “Secretary of State” substitute “Welsh
40Ministers”, and

(b) in paragraph (b) for “he thinks” substitute “they think”.

(5) In subsection (4)—

(a) for “he proceeds” substitute “they proceed”, and

(b) for “Secretary of State” substitute “Welsh Ministers”.

(6) 5In subsection (5)—

(a) in paragraph (a) for “Secretary of State’s” substitute “Welsh
Ministers’”, and

(b) in paragraph (c) for “Secretary of State” substitute “Welsh Ministers”.

(7) Omit subsection (6).

(8) 10In subsection (7)(a) for “House of Commons” substitute “National Assembly
for Wales”.

(9) In subsection (8)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) in paragraph (b) for “he alters” substitute “they alter”.

(10) 15In subsection (9)—

(a) for “he serves” substitute “they serve”, and

(b) for “Secretary of State” substitute “Welsh Ministers”.

(11) In subsection (10) for “Secretary of State” substitute “Welsh Ministers”.

(12) In subsection (11)—

(a) 20for “Secretary of State proceeds” substitute “Welsh Ministers
proceed”, and

(b) for “he” substitute “they”.

10 (1) Section 52G (acceptance of maximum amount) is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “Welsh Ministers”.

(3) 25In subsection (2)—

(a) for “he receives” substitute “they receive”, and

(b) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (3)—

(a) for “he serves” substitute “they serve”, and

(b) 30for “Secretary of State” substitute “Welsh Ministers”.

11 (1) Section 52H (no challenge or acceptance) is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “Welsh Ministers”.

(3) In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (3)(a) for “House of Commons” substitute “National Assembly
35for Wales”.

(5) In subsection (4) for “Secretary of State” substitute “Welsh Ministers”.

(6) In subsection (5)—

(a) for “he serves” substitute “they serve”, and

(b) for “Secretary of State” substitute “Welsh Ministers”.

12 In section 52I(5)(a) (duty of designated billing authority) for “general”
substitute “council”.

13 (1) Section 52J (duty of designated precepting authority) is amended as follows.

(2) In subsection (1)—

(a) 5omit paragraph (a), and

(b) in paragraph (b) omit “(in any other case)”.

(3) Omit subsection (3).

(4) Omit subsection (6).

(5) Omit subsections (8) to (10).

14 (1) 10Section 52K (failure to substitute) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “(in any other case)”.

(3) For subsection (2) substitute—

“(2) 15In the case of a billing authority, the Welsh Ministers may direct the
authority to comply with section 52I.

(2A) A direction under this section is enforceable, on the application of the
Welsh Ministers, by a mandatory order.”

(4) In subsection (4)(b) omit “52I or”.

15 (1) 20Section 52L (nomination) is amended as follows.

(2) In subsection (1) for “Secretary of State nominates” substitute “Welsh
Ministers nominate”.

(3) In subsection (2)—

(a) in the opening words for “He” substitute “They”,

(b) 25in paragraph (c) for “he determines” substitute “they determine”,
and

(c) in paragraph (d) for “he” in both places substitute “they”.

(4) In subsection (4)—

(a) for “he intends” substitute “they intend”, and

(b) 30for “Secretary of State” substitute “Welsh Ministers”.

16 (1) Section 52M (designation after nomination) is amended as follows.

(2) In subsection (1)—

(a) in the opening words for “Secretary of State” substitute “Welsh
Ministers”,

(b) 35in paragraph (a) for “nominates” substitute “nominate”, and

(c) in paragraph (b) for “decides” substitute “decide”.

(3) In subsection (2)—

(a) in the opening words for “He” substitute “They”,

(b) in paragraph (b) for “he proposes” substitute “they propose”, and

(c) 40in paragraph (c) for “he proposes” substitute “they propose”.

(4) In subsection (3)—

(a) in the opening words for “he” substitute “they”,

(b) in paragraph (a) for “he” in both places substitute “they”, and

(c) in paragraph (b) for “he thinks” substitute “they think”.

(5) 5In subsection (4)—

(a) in the opening words for “He” substitute “They”,

(b) in paragraph (e) for “he expects” substitute “they expect”, and

(c) in paragraph (f) for “Secretary of State” substitute “Welsh Ministers”.

(6) In subsection (6) for “Secretary of State” substitute “Welsh Ministers”.

(7) 10In subsection (8) for “Secretary of State” substitute “Welsh Ministers”.

17 (1) Section 52N (no designation after nomination) is amended as follows.

(2) In subsection (1)—

(a) in the opening words for “Secretary of State” substitute “Welsh
Ministers”,

(b) 15in paragraph (a) for “nominates” substitute “nominate”, and

(c) in paragraph (b) for “decides” substitute “decide”.

(3) In subsection (2)—

(a) for the first “He” substitute “They”, and

(b) for “he proposes” substitute “they propose”.

(4) 20In subsection (3)—

(a) in the opening words for “he” substitute “they”,

(b) in paragraph (a) for “he” in both places substitute “they”, and

(c) in paragraph (b) for “he thinks” substitute “they think”.

(5) In subsection (4) for “He” substitute “They”.

(6) 25In subsection (5) for “Secretary of State” substitute “Welsh Ministers”.

(7) In subsection (6)—

(a) in the opening words for “Secretary of State” substitute “Welsh
Ministers”, and

(b) in paragraph (a)—

(i) 30for “he receives” substitute “they receive”, and

(ii) for “his” substitute “their”.

18 (1) Section 52P (designation after previous designation) is amended as follows.

(2) In subsection (1)(a) for “Secretary of State designates” substitute “Welsh
Ministers designate”.

(3) 35In subsection (2)—

(a) in the opening words—

(i) for the first “He” substitute “They”,

(ii) for “he does” substitute “they do”, and

(iii) for the third “he” substitute “they”,

(b) 40in paragraph (a) for “he proposes” substitute “they propose”, and

(c) in paragraph (b) for “he proposes” substitute “they propose”.

(4) In subsection (3)—

(a) in the opening words for “he” substitute “they”, and

(b) in paragraph (c) for “he thinks” substitute “they think”.

(5) In subsection (4)—

(a) in the opening words for “He” substitute “They”,

(b) 5in paragraph (e) for “he expects” substitute “they expect”, and

(c) in paragraph (f) for “Secretary of State” substitute “Welsh Ministers”.

(6) In subsection (6) for “Secretary of State” substitute “Welsh Ministers”.

(7) In subsection (8) for “Secretary of State” substitute “Welsh Ministers”.

(8) In subsection (10) for “Secretary of State” substitute “Welsh Ministers”.

19 (1) 10Section 52Q (challenge of maximum amount) is amended as follows.

(2) In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b)
substitute “Welsh Ministers”.

(3) In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (3)—

(a) 15in paragraph (a) for “Secretary of State” substitute “Welsh
Ministers”, and

(b) in paragraph (b) for “he thinks” substitute “they think”.

(5) In subsection (4)—

(a) in paragraph (a) for “Secretary of State’s” substitute “Welsh
20Ministers’”, and

(b) in paragraph (c) for “Secretary of State” substitute “Welsh Ministers”.

(6) Omit subsection (5).

(7) In subsection (6) for “House of Commons” substitute “National Assembly
for Wales”.

(8) 25In subsection (7)—

(a) for “Secretary of State” substitute “Welsh Ministers”, and

(b) in paragraph (b) for “he alters” substitute “they alter”.

(9) In subsection (8)—

(a) for “he serves” substitute “they serve”, and

(b) 30for “Secretary of State” substitute “Welsh Ministers”.

(10) In subsection (9) for “Secretary of State” substitute “Welsh Ministers”.

20 (1) Section 52R (acceptance of maximum amount) is amended as follows.

(2) In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b)
substitute “Welsh Ministers”.

(3) 35In subsection (2)—

(a) for “he receives” substitute “they receive”, and

(b) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (3)—

(a) for “he serves” substitute “they serve”, and

(b) 40for “Secretary of State” substitute “Welsh Ministers”.

21 (1) Section 52S (no challenge or acceptance) is amended as follows.

(2) In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b)
substitute “Welsh Ministers”.

(3) In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.

(4) 5In subsection (3) for “House of Commons” substitute “National Assembly
for Wales”.

(5) In subsection (4) for “Secretary of State” substitute “Welsh Ministers”.

(6) In subsection (5)—

(a) for “he serves” substitute “they serve”, and

(b) 10for “Secretary of State” substitute “Welsh Ministers”.

22 In section 52T(7)(a) (duty of designated billing authority) for “general”
substitute “council”.

23 (1) Section 52U (duty of designated precepting authority) is amended as
follows.

(2) 15In subsection (2)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “(in any other case)”.

(3) Omit subsection (3).

(4) In subsection (4) omit “is not the Greater London Authority and it”.

(5) 20In subsection (5) omit “(3) or”.

(6) Omit subsection (6).

(7) Omit subsection (9).

(8) Omit subsections (11) to (13).

24 (1) Section 52V (failure to make or substitute calculation) is amended as follows.

(2) 25For subsection (3) substitute—

“(3) In the case of a billing authority, the Welsh Ministers may direct the
authority to comply with section 52T.

(3A) A direction under this section is enforceable, on the application of the
Welsh Ministers, by a mandatory order.”

(3) 30In subsection (5)(b) omit “52T or”.

25 (1) Section 52W (meaning of budget requirement) is amended as follows.

(2) In subsection (1) omit “other than the Greater London Authority”.

(3) Omit subsection (2).

26 (1) Section 52X (calculations to be net of precepts) is amended as follows.

(2) 35In subsection (2)—

(a) in paragraph (a) for “Secretary of State proposes” substitute “Welsh
Ministers propose”,

(b) in paragraph (b) for “he proposes” substitute “they propose”,

(c) in paragraph (d) for “he proposes” substitute “they propose”, and

(d) in paragraph (e) for “he expects” substitute “they expect”.

(3) In subsection (6) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (7) for “House of Commons” substitute “National Assembly
5for Wales”.

27 (1) Section 52Y (information for purposes of Chapter 4A) is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “Welsh Ministers”.

(3) In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.

(4) In subsection (4)—

(a) 10for “Secretary of State” substitute “Welsh Ministers”,

(b) for “him” in both places substitute “them”, and

(c) for “his” in both places substitute “their”.

(5) In subsection (5) for “Secretary of State  specifies” substitute “Welsh
Ministers specify”.

(6) 15In subsection (7)—

(a) for “Secretary of State” substitute “Welsh Ministers”,

(b) for “his” in both places substitute “their”, and

(c) for “he thinks” substitute “they think”.

(7) In subsection (8)—

(a) 20for “his” in both places substitute “their”,

(b) for “Secretary of State” substitute “Welsh Ministers”, and

(c) for “him” substitute “them”.

28 Omit section 52Z (separate administration of Chapter 4A for England and
Wales).

29 25In section 66(2)(c) (matters that may not be questioned except by an
application for judicial review)—

(a) before “52I” insert “52ZF,”, and

(b) before “52J” insert “52ZJ,”.

30 In section 67(2)(b) (functions to be discharged only by authority)—

(a) 30before “52I” insert “52ZF,”, and

(b) before “52J” insert “52ZJ,”.