Previous Next

Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-78 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 Last page

Localism BillPage 80

(5) In subsection (5) for paragraph (a) substitute—

(a) the income which the Authority estimates will accrue to or for
the body in the year and which will be credited to a revenue
account for the year in accordance with proper practices, other
5than income which the Authority estimates will accrue in
respect of any precept issued by it;.

(6) In subsection (6)(b) for “budget” substitute “council tax”.

(7) In subsection (7) for “budget” substitute “council tax”.

(8) In subsection (8) for “budget” in both places substitute “council tax”.

(9) 10Omit subsection (9).

(10) Section 86 of that Act (provisions supplemental to section 85) is amended as
follows.

(11) After subsection (1) insert—

(1A) In making any calculation under subsection (4) of section 85 above the
15Authority shall ignore payments which must be met from a trust fund.

(1B) In estimating under subsection (4)(a) of section 85 above—

(a) in the case of any functional body, the Authority shall take into
account the amount of any expenditure which it estimates will
be incurred in the year in respect of the body under section 43(1)
20of the Local Government Act 2003 or in paying any BID levy for
which the body is liable, and

(b) in the case of the Mayor, the Authority shall take into account
the amount of any expenditure which it estimates will be
incurred in the year in respect of the Authority under section
2543(1) of the Local Government Act 2003 or in paying any BID
levy for which the Authority is liable.

(12) After subsection (2A) insert—

(2B) In estimating under subsection (4)(a) of section 85 above in the case of
the Mayor, the Authority shall take into account the amount of any
30expenditure which the Authority estimates it will incur in the year in
pursuance of regulations under section 99(3) of the Local Government
Finance Act 1988.

(13) After subsection (4) insert—

(4A) In making any calculation under subsection (5) of section 85 above, the
35Authority must ignore payments which must be made into a trust fund.

(4B) In estimating under subsection (5)(a) of section 85 above in the case of
the Mayor, the Authority shall take into account—

(a) the amounts which the Authority estimates will be paid to it in
the year by billing authorities in accordance with regulations
40under section 99(3) of the Local Government Finance Act 1988,
and

(b) the amount of any expenditure which it estimates will be
incurred in the year by the Authority in making any
repayments of grants or other sums paid to the Authority by the
45Secretary of State.

Localism BillPage 81

(4C) In estimating under subsection (5)(a) of section 85 above in the case of
a functional body, the Authority shall take into account the amount of
any expenditure which it estimates will be incurred in the year in
making by or in respect of the body any repayments of grants or other
5sums paid to or for the body by the Secretary of State.

(4D) In estimating under subsection (5)(a) of section 85 above in the case of
the Mayor’s Office for Policing and Crime, the Authority must use such
amounts as may be prescribed by the Secretary of State as the sums that
are payable to the Mayor’s Office for Policing and Crime in respect of
10the following items—

(a) redistributed non-domestic rates,

(b) revenue support grant,

(c) general GLA grant, and

(d) additional grant.

(4E) 15In subsection (4D) above, “prescribed” means specified in, or
determined in accordance with, either—

(a) the appropriate report or determination, or

(b) regulations made by the Secretary of State,

as the Secretary of State may determine in the case of any particular
20item and any particular financial year or years.

(4F) In subsection (4E) above, “the appropriate report or determination”
means—

(a) in the case of an item specified in paragraph (a) or (b) of
subsection (4D) above, the local government finance report for
25the financial year in question,

(b) in the case of the item specified in paragraph (c) of that
subsection, the determination under section 100 below for the
financial year in question, and

(c) in the case of the item specified in paragraph (d) of that
30subsection, the report under section 85 of the Local Government
Finance Act 1988 relating to that item.

(14) In subsection (5)(b) for “(4)” substitute “(4F)”.

(15) Omit subsection (6).

77 Calculation of basic amount of tax by the Greater London Authority

(1) 35Section 88 of the Greater London Authority Act 1999 (calculation of basic
amount of tax) is amended as follows.

(2) In subsection (1) for “44” substitute “42B”.

(3) For subsection (2) substitute—

(2) In relation to each financial year the Authority shall calculate the basic
40amount of its council tax by applying the formula—


where—

  • R is the amount calculated (or last calculated) by the Authority
    under section 85(8) above as its consolidated council tax
    45requirement for the year;

  • A is the amount of the special item;

  • T is the aggregate of the amounts which are calculated by the
    billing authorities to which the Authority issues precepts (“the
    billing authorities concerned”) as their council tax bases for the
    50year for their areas and are notified by them to the Authority
    within the prescribed period.

Localism BillPage 82

(4) Omit subsections (3) to (5).

(5) In subsection (8) for paragraph (b) substitute—

(b) provide for rules governing the making of any calculation
under that subsection (whether by adding provisions to, or
5deleting or amending provisions of, this section, or by a
combination of those methods).

(6) Section 89 of that Act (additional calculations: special item for part of Greater
London) is amended as follows.

(7) For subsection (4) substitute—

(4) 10For dwellings in any part of Greater London to which the special item
relates, the amount in respect of the special item is given by the
formula—


where—

  • 15S2 is the amount of the special item;

  • TP2 is the aggregate of the amounts which are calculated by the
    billing authorities to which the Authority has power to issue
    precepts as respects the special item (“the billing authorities
    concerned”) as their council tax bases for the year for their areas
    20and are notified by them to the Authority within the prescribed
    period.

(8) Omit subsections (5) and (6).

(9) In subsection (9) for paragraph (b) substitute—

(b) provide for rules governing the making of any calculation
25under or by virtue of that subsection (whether by adding
provisions to, or deleting or amending provisions of, this
section, or by a combination of those methods).

Localism BillPage 83

78 Council tax calculation by local precepting authorities in England

Before section 50 of the Local Government Finance Act 1992 insert—

49A Calculation of council tax requirement by authorities in England

(1) In relation to each financial year a local precepting authority in England
5must make the calculations required by this section.

(2) The authority must calculate the aggregate of—

(a) the expenditure the authority estimates it will incur in the year
in performing its functions and will charge to a revenue account
for the year in accordance with proper practices,

(b) 10such allowance as the authority estimates will be appropriate
for contingencies in relation to amounts to be charged or
credited to a revenue account for the year in accordance with
proper practices,

(c) the financial reserves which the authority estimates it will be
15appropriate to raise in the year for meeting its estimated future
expenditure, and

(d) such financial reserves as are sufficient to meet so much of the
amount estimated by the authority to be a revenue account
deficit for any earlier financial year as has not already been
20provided for.

(3) The authority must calculate the aggregate of—

(a) the income which it estimates will accrue to it in the year and
which it will credit to a revenue account for the year in
accordance with proper practices, other than income which it
25estimates will accrue to it in respect of any precept issued by it,
and

(b) the amount of the financial reserves which the authority
estimates that it will use in order to provide for the items
mentioned in paragraphs (a) and (b) of subsection (2) above.

(4) 30If the aggregate calculated under subsection (2) above exceeds that
calculated under subsection (3) above, the authority must calculate the
amount equal to the difference; and the amount so calculated is to be its
council tax requirement for the year.

(5) For the purposes of subsection (2)(c) above an authority’s estimated
35future expenditure is—

(a) that which the authority estimates it will incur in the financial
year following the year in question, will charge to a revenue
account for the year in accordance with proper practices and
will have to defray in the year before the following sums are
40sufficiently available, namely, sums—

(i) which will be payable to it for the year, and

(ii) in respect of which amounts will be credited to a
revenue account for the year in accordance with proper
practices, and

(b) 45that which the authority estimates it will incur in the financial
year referred to in paragraph (a) above or any subsequent
financial year in performing its functions and which will be
charged to a revenue account for that or any other year in
accordance with proper practices.

Localism BillPage 84

(6) This section is subject to section 52ZV below (which requires a direction
to a local precepting authority that the referendum provisions in
Chapter 4ZA are not to apply to the authority for a financial year to
state the amount of the authority’s council tax requirement for the
5year).

49B Substitute calculations

(1) A local precepting authority which has made calculations in
accordance with section 49A above in relation to a financial year
(originally or by way of substitute) may make calculations in
10substitution in relation to the year in accordance with that section.

(2) None of the substitute calculations are to have any effect if the amount
calculated under section 49A(4) above would exceed that so calculated
in the previous calculations.

(3) Subsection (2) above does not apply if the previous calculation under
15subsection (4) of section 49A above has been quashed because of a
failure to comply with that section in making the calculation.

79 Council tax: minor and consequential amendments

Schedule 7 (council tax: minor and consequential amendments) has effect.

80 Council tax revaluations in Wales

(1) 20The Local Government Finance Act 1992 is amended as follows.

(2) In section 22B(3) (new Welsh valuation lists to be prepared on earlier of tenth
anniversary of compilation of previous list and 1 April in such year as may be
specified by the Welsh Ministers) for the words from “the earlier” to the end
substitute “1 April in each year specified by order made by the Welsh
25Ministers.”

(3) In section 22B (compilation and maintenance of new valuation lists) after
subsection (11) insert—

(12) No order under subsection (3) may be made unless a draft of the
statutory instrument containing it has been laid before, and approved
30by a resolution of, the National Assembly for Wales.

(4) In section 113(1) and (2) (orders and regulations may make differential and
incidental etc provision) for “National Assembly for Wales” substitute “Welsh
Ministers”.

(5) In section 113(2) for “, they or it thinks” substitute “or they think”.

(6) 35In section 113(4) (power of National Assembly for Wales to make orders or
regulations is exercisable by statutory instrument) for “National Assembly for
Wales” substitute “Welsh Ministers”.

Localism BillPage 85

CHAPTER 2 Community right to challenge

81 Duty to consider expression of interest

(1) A relevant authority must consider an expression of interest in accordance
with this Chapter if—

(a) 5it is submitted to the authority by a relevant body, and

(b) it is made in writing and complies with such other requirements for
expressions of interest as the Secretary of State may specify by
regulations.

This is subject to section 82 (timing of expressions of interest).

(2) 10In this Chapter “relevant authority” means—

(a) a county council in England,

(b) a district council,

(c) a London borough council, or

(d) such other person or body carrying on functions of a public nature as
15the Secretary of State may specify by regulations.

(3) The persons or bodies who may be specified by regulations under subsection
(2)(d) include a Minister of the Crown or a government department.

(4) In this Chapter “expression of interest”, in relation to a relevant authority,
means an expression of interest in providing or assisting in providing a
20relevant service on behalf of the authority.

(5) In this Chapter “relevant service”, in relation to a relevant authority, means a
service provided by or on behalf of that authority in the exercise of any of its
functions in relation to England, other than a service of a kind specified in
regulations made by the Secretary of State.

(6) 25In this Chapter “relevant body” means—

(a) a voluntary or community body,

(b) a body of persons or a trust which is established for charitable purposes
only,

(c) a parish council,

(d) 30in relation to a relevant authority, two or more employees of that
authority, or

(e) such other person or body as may be specified by the Secretary of State
by regulations.

(7) For the purposes of subsection (6) “voluntary body” means a body, other than
35a public or local authority, the activities of which are not carried on for profit.

(8) The fact that a body’s activities generate a surplus does not prevent it from
being a voluntary body for the purposes of subsection (6) so long as that
surplus is used for the purposes of those activities or invested in the
community.

(9) 40For the purposes of subsection (6) “community body” means a body, other than
a public or local authority, that carries on activities primarily for the benefit of
the community.

(10) The Secretary of State may by regulations—

Localism BillPage 86

(a) amend or repeal any of paragraphs (a) to (d) of subsection (6);

(b) amend or repeal any of subsections (7) to (9);

(c) make other amendments to this Chapter (including amendments to any
power to make regulations) in consequence of provision made under
5subsection (2)(d) or (6)(e) or paragraph (a) or (b) of this subsection.

82 Timing of expressions of interest

(1) Subject as follows, a relevant body may submit an expression of interest to a
relevant authority at any time.

(2) A relevant authority may specify periods during which expressions of interest,
10or expressions of interest in respect of a particular relevant service, may be
submitted to the authority.

(3) The relevant authority must publish details of each specification under
subsection (2) in such manner as it thinks fit (which must include publication
on the authority’s website).

(4) 15The relevant authority may refuse to consider an expression of interest
submitted outside a period specified under subsection (2).

83 Consideration of expression of interest

(1) The relevant authority must—

(a) accept the expression of interest, or

(b) 20reject the expression of interest.

This is subject to section 84(1) (modification of expression of interest).

(2) If the relevant authority accepts the expression of interest it must carry out a
procurement exercise relating to the provision on behalf of the authority of the
relevant service to which the expression of interest relates.

(3) 25The exercise required by subsection (2) must be such as is appropriate having
regard to the value and nature of the contract that may be awarded as a result
of the exercise.

(4) A relevant authority must specify—

(a) the minimum period that will elapse between—

(i) 30the date of the relevant authority’s decision to accept an
expression of interest, and

(ii) the date on which it will begin the procurement exercise
required by subsection (2) as a result of that acceptance, and

(b) the maximum period that will elapse between those dates.

(5) 35The relevant authority may specify different periods for different cases.

(6) The relevant authority must publish details of a specification under subsection
(4) in such manner as it thinks fit (which must include publication on the
authority’s website).

(7) The relevant authority must comply with a specification under subsection (4).

(8) 40A relevant authority must, in considering an expression of interest, consider
whether acceptance of the expression of interest would promote or improve
the social, economic or environmental well-being of the authority’s area.

Localism BillPage 87

(9) A relevant authority must, in carrying out the exercise referred to in subsection
(2), consider how it might promote or improve the social, economic or
environmental well-being of the authority’s area by means of that exercise.

(10) Subsection (9) applies only so far as is consistent with the law applying to the
5awarding of contracts for the provision on behalf of the authority of the
relevant service in question.

(11) The relevant authority may reject the expression of interest only on one or
more grounds specified by the Secretary of State by regulations.

84 Consideration of expression of interest: further provisions

(1) 10A relevant authority that is considering an expression of interest from a
relevant body may modify the expression of interest.

(2) A relevant authority may exercise the power in subsection (1) only if—

(a) the authority thinks that the expression of interest would not otherwise
be capable of acceptance, and

(b) 15the relevant body agrees to the modification.

(3) A relevant authority must specify the maximum period that will elapse
between—

(a) the date on which it receives an expression of interest submitted by a
relevant body, and

(b) 20the date on which it notifies the relevant body of its decision in respect
of the expression of interest.

(4) The relevant authority may specify different periods for different cases.

(5) The relevant authority must publish details of a specification under subsection
(3) in such manner as it thinks fit (which must include publication on the
25authority’s website).

(6) A relevant authority that receives an expression of interest from a relevant
body in accordance with this Chapter must notify the relevant body in writing
of the period within which it expects to notify the relevant body of its decision
in respect of the expression of interest.

(7) 30The relevant authority must give the notification under subsection (6)

(a) where the expression of interest is one to which a specification under
section 82(2) relates and is made within a period so specified, within the
period of 30 days beginning immediately after the end of the period so
specified, or

(b) 35otherwise, within the period of 30 days beginning with the day on
which the relevant authority receives the expression of interest.

(8) The relevant authority must—

(a) notify the relevant body in writing of its decision in respect of the
expression of interest within the period specified by it under subsection
40(3), and

(b) if the authority’s decision is to modify or reject the expression of
interest, give reasons for that decision in the notification.

(9) The relevant authority must publish the notification in such manner as it thinks
fit (which must include publication on the authority’s website).

Localism BillPage 88

(10) A relevant body may withdraw an expression of interest after submitting it to
a relevant authority (whether before or after a decision has been made by the
authority in respect of the expression of interest).

(11) The withdrawal of an expression of interest, or the refusal of a relevant body to
5agree to modification of an expression of interest, does not prevent the relevant
authority from proceeding as described in section 83(2) if the relevant
authority thinks that it is appropriate to do so.

85 Supplementary

(1) The Secretary of State may by regulations make further provision about the
10consideration by a relevant authority of an expression of interest submitted by
a relevant body.

(2) A relevant authority must, in exercising its functions under or by virtue of this
Chapter, have regard to guidance issued by the Secretary of State.

86 Provision of advice and assistance

(1) 15The Secretary of State may do anything that the Secretary of State considers
appropriate for the purpose of giving advice or assistance to a relevant body in
relation to—

(a) the preparation of an expression of interest for submission to a relevant
authority and its submission to a relevant authority,

(b) 20participation in a procurement exercise carried out by a relevant
authority in response to an expression of interest, or

(c) the provision of a relevant service on behalf of a relevant authority
following such a procurement exercise.

(2) The Secretary of State may do anything that the Secretary of State considers
25appropriate for the purpose of giving advice or assistance about the operation
of this Chapter to a body or person other than a relevant body.

(3) The things that the Secretary of State may do under this section include, in
particular—

(a) the provision of financial assistance to a relevant body;

(b) 30the making of arrangements with a body or person (whether or not a
relevant body), including arrangements for things that may be done by
the Secretary of State under this section to be done by that body or
person;

(c) the provision of financial assistance to a body or person other than a
35relevant body in connection with arrangements under paragraph (b).

(4) In this section references to a relevant body include a body that the Secretary
of State considers was formed wholly or partly by employees or former
employees of the relevant authority for the purposes of, or for purposes
including—

(a) 40participating in a procurement exercise carried out by the authority, or

(b) providing a relevant service on the authority’s behalf.

(5) In this section—

(a) the reference to giving advice or assistance includes providing training
or education, and

Localism BillPage 89

(b) any reference to the provision of financial assistance is to the provision
of financial assistance by any means (including the making of a loan
and the giving of a guarantee or indemnity).

CHAPTER 3 Assets of community value

5List of assets of community value

87 List of assets of community value

(1) A local authority must maintain a list of land in its area that is land of
community value.

(2) The list maintained under subsection (1) by a local authority is to be known as
10its list of assets of community value.

(3) Where land is included in a local authority’s list of assets of community value,
the entry for that land is to be removed from the list with effect from the end of
the period of 5 years beginning with the date of that entry (unless the entry has
been removed with effect from some earlier time in accordance with provision
15in regulations under subsection (5)).

(4) The appropriate authority may by order amend subsection (3) for the purpose
of substituting, for the period specified in that subsection for the time being,
some other period.

(5) The appropriate authority may by regulations make further provision in
20relation to a local authority’s list of assets of community value, including (in
particular) provision about—

(a) the form in which the list is to be kept;

(b) contents of an entry in the list (including matters not to be included in
an entry);

(c) 25modification of an entry in the list;

(d) removal of an entry from the list;

(e) cases where land is to be included in the list and—

(i) different parts of the land are in different ownership or
occupation, or

(ii) 30there are multiple estates or interests in the land or any part or
parts of it;

(f) combination of the list with the local authority’s list of land nominated
by unsuccessful community nominations.

(6) Subject to any provision made by or under this Chapter, it is for a local
35authority to decide the form and contents of its list of assets of community
value.

88 Land of community value

(1) For the purposes of this Chapter but subject to regulations under subsection
(3), a building or other land in a local authority’s area is land of community
40value if in the opinion of the authority—

Previous Next

Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-78 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 Last page