Localism Bill (HL Bill 90)

held in an area consisting of the whole of Greater
London, or

(b) any amount (referred to in this Chapter as the Greater
London Authority’s adjusted relevant basic amount of
5council tax for the year) that would be calculated by it under
section 89(3) of the Greater London Authority Act 1999 if
sections 85 and 86 of that Act did not require or permit it—

(i) to take into account the amount of any levies issued to
a constituent body for the year,

(ii) 10to anticipate, in pursuance of regulations under
section 74 of the 1988 Act, the issue of levies to a
constituent body, or

(iii) to take into account the amount of any expenditure it
estimates a constituent body will incur in the year that
15will be qualifying expenditure in taking steps to give
effect to the result of any qualifying local referendum
held in an area consisting of the whole of Greater
London.

(5) Any reference in this Chapter to a local precepting authority’s
20relevant basic amount of council tax for a financial year is a reference
to the amount found by applying the formula—

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

(7) 35The Secretary of State must make regulations containing rules for
making for any year the calculation required by item T in subsection
(5) above; and the billing authority concerned must make the
calculations for any year in accordance with the rules for the time
being effective (as regards the year) under the regulations.

(8) 40Regulations prescribing a period for the purposes of item T in
subsection (5) above may provide that, in any case where a billing
authority fails to notify its calculation to the precepting authority
concerned within that period, that item must be determined in the

prescribed manner by such authority or authorities as may be
prescribed.

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

(10) 5In this section—

• “local referendum” has the meaning given by section 42(1) of
  the Localism Act 2011;

• “qualifying expenditure” means expenditure in relation to
  which the prescribed conditions are met;

• 10“qualifying local referendum” means a local referendum in
  relation to which the prescribed conditions are met.

52ZY Information 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
15the notice and required for the purposes of the performance of the
Secretary of State’s functions under this Chapter.

(2) The 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) 20If an authority fails to comply with subsection (2) above, the
Secretary of State may exercise the Secretary of State’s functions on
the basis of such assumptions and estimates as the Secretary of State
thinks fit.

(4) In exercising those functions, the Secretary of State may also take into
25account 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 60

SCHEDULE 6 Council tax referendums: further amendments

30Local 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) In subsection (1) for the “or” at the end of paragraph (a) substitute—

“(aa) substitute calculations it has made under section 52ZF below
35have 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)
below, where an authority sets amounts in substitution under
subsection (1)(a) above in the circumstances described in section
4052ZO(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) In subsection (5) at the beginning insert “Subject to any provision made by
regulations under subsection (6) below,”.

(5) 5After subsection (5) insert—

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

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

(b) that subsection applies with modifications.”

3 10In 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) Section 52B (power to designate authorities) is amended as follows.

(2) In subsection (1)—

(a) 15for “Secretary of State’s” substitute “Welsh Ministers’”,

(b) for “he” substitute “they”, and

(c) for “his” substitute “their”.

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

(4) In subsection (5)—

(a) 20for “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) 25In subsection (7)—

(a) for “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) 30In subsection (1)—

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

(b) for “his” substitute “their”.

(3) In subsection (3)—

(a) in paragraph (c)—

(i) 35for “Secretary of State thinks” substitute “Welsh Ministers
think”, and

(ii) for “him” substitute “them”, and

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

(4) 40In subsection (4) for “House of Commons” substitute “National Assembly
for 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) 5Section 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) 10in 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) 15Section 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
20Ministers”, 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) 25In 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) 30In 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) 35In 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) for “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) 5In subsection (1) for “Secretary of State” substitute “Welsh Ministers”.

(3) In subsection (2)—

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

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

(4) In subsection (3)—

(a) 10for “he serves” substitute “they serve”, and

(b) for “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) 15In subsection (3)(a) 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) 20for “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) 25omit 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) 30Section 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) 35In 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) Section 52L (nomination) is amended as follows.

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

(3) In subsection (2)—

(a) 5in the opening words for “He” substitute “They”,

(b) in 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) 10for “he intends” substitute “they intend”, and

(b) for “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
15Ministers”,

(b) in 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) 20in paragraph (b) for “he proposes” substitute “they propose”, and

(c) in 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) 25in paragraph (b) for “he thinks” substitute “they think”.

(5) In 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) 30In subsection (6) for “Secretary of State” substitute “Welsh Ministers”.

(7) In 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
35Ministers”,

(b) in 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) 40for “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) In subsection (4) for “He” substitute “They”.

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

(7) 5In subsection (6)—

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

(b) in paragraph (a)—

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

(ii) 10for “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) In subsection (2)—

(a) 15in 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) in paragraph (a) for “he proposes” substitute “they propose”, and

(c) 20in 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) 25in 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) In subsection (8) for “Secretary of State” substitute “Welsh Ministers”.

(8) 30In subsection (10) for “Secretary of State” substitute “Welsh Ministers”.

19 (1) Section 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) 35In subsection (3)—

(a) in 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) 40in paragraph (a) for “Secretary of State’s” substitute “Welsh
Ministers’”, 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) 5In 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) 10for “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) 15In 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) 20for “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) 25In 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) 30for “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) 35In 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) In subsection (5) omit “(3) or”.

(6) Omit subsection (6).

(7) Omit subsection (9).

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

24 (1) 5Section 52V (failure to make or substitute calculation) is amended as follows.

(2) For 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
10Welsh Ministers, by a mandatory order.”

(3) In 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) 15Section 52X (calculations to be net of precepts) is amended as follows.

(2) In 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) 20in 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
for Wales”.

27 (1) 25Section 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) for “Secretary of State” substitute “Welsh Ministers”,

(b) 30for “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) In subsection (7)—

(a) 35for “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) for “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 5In 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) 10before “52I” insert “52ZF,”, and

(b) before “52J” insert “52ZJ,”.

31 In section 106(2)(a) (council tax: restrictions on voting) after “IV” insert “,
4ZA”.

Police Act 1996 (c. 16)Police Act 1996 (c. 16)

32 15In section 41(2) of the Police Act 1996 (direction as to minimum budget) after
“Chapter” insert “4ZA or”.

Greater London Authority Act 1999 (c. 29)Greater London Authority Act 1999 (c. 29)

33 The Greater London Authority Act 1999 is amended as follows.

34 In section 95 (minimum budget for Metropolitan Police Authority) after
20subsection (3) insert—

“(3A) The power exercisable by virtue of subsection (2) above, and any
direction given under that power, are subject to any limitation
imposed under Chapter 4ZA of Part 1 of the Local Government
Finance Act 1992 (council tax referendums).”

35 25In section 96 (provisions supplementary to section 95) after subsection (6)
insert—

“(7) Subsections (5) and (6) above are subject to section 95(3A) (which
provides that directions under that section are subject to the
limitations imposed by the provisions about council tax referendums
30in Chapter 4ZA of Part 1 of the Local Government Finance Act
1992).”

36 (1) Schedule 6 (procedure for determining the authority’s consolidated budget
requirement) is amended as follows.

(2) In paragraph 1 after sub-paragraph (4) insert—

“(5) 35In this Schedule “the relevant principles”, in relation to a budget
or a council tax requirement for a financial year, means the
principles approved by the House of Commons for the financial
year under section 52ZD of the Local Government Finance Act
1992 (principles in connection with council tax referendums).

(6) 40For the purposes of this Schedule, whether or not a budget or
council tax requirement for a financial year complies with the
relevant principles is to be determined by reference to whether or