Localism Bill (HL Bill 100)

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
5has been substituted is to be disregarded.

(10) In this section—

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

• “qualifying expenditure” means expenditure in relation to
  10which the prescribed conditions are met;

• “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
15to 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) 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
20at such time as the Secretary of State specifies in the notice.

(3) If 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) 25In 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 72

SCHEDULE 6 30Council 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) In subsection (1) for the “or” at the end of paragraph (a) substitute—

“(aa) 35substitute 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)
below, where an authority sets amounts in substitution under
40subsection (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) 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”.

32 In section 113(3) (orders and regulations to be subject to annulment by either
15House of Parliament, except in certain cases) after “except in the case of”
insert “regulations under section 52ZQ above or”.

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

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

20Greater London Authority Act 1999 (c. 29)Greater London Authority Act 1999 (c. 29)

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

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

“(3A) The power exercisable by virtue of subsection (2) above, and any
25direction 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).”

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

“(7) 30Subsections (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
in Chapter 4ZA of Part 1 of the Local Government Finance Act
1992).”

37 (1) 35Schedule 6 (procedure for determining the authority’s consolidated budget
requirement) is amended as follows.

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

“(5) In this Schedule “the relevant principles”, in relation to a budget
or a council tax requirement for a financial year, means the
40principles 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) For 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
not the amount that would be calculated for the year under section
588 or 89 above (calculation of basic amount of council tax) by
reference to the budget or council tax requirement is excessive by
reference to the relevant principles.”

(3) In paragraph 4—

(a) after sub-paragraph (1) insert—

“(1A) 10If the draft consolidated budget does not comply with the
relevant principles, the Assembly shall also prepare a draft
substitute consolidated budget that complies with those
principles.”, and

(b) after sub-paragraph (2) insert—

“(3) 15If, at the public meeting referred to in sub-paragraph (2)
above, the draft substitute consolidated budget prepared
under sub-paragraph (1A) above is approved by the
Assembly, that draft, as so approved, shall be the
Authority’s substitute consolidated budget for the
20financial year to which it relates.”

(4) After paragraph 6 insert—

“The Mayor’s substitute consolidated budget

6A (1) This paragraph applies if the Mayor prepares a final draft budget
that does not comply with the relevant principles.

(2) 25The Mayor shall also prepare a draft substitute consolidated
budget that complies with those principles.

(3) The Mayor shall—

(a) present the draft substitute consolidated budget to the
Assembly, and

(b) 30publish it in such manner as the Mayor may determine.

(4) The Mayor shall, at the time when the Mayor presents the draft
substitute consolidated budget to the Assembly, lay before the
Assembly in accordance with standing orders of the Authority a
written statement of the reasons for the differences between the
35final draft budget and the draft substitute consolidated budget.

(5) It shall be the duty of the Mayor (having regard to paragraphs 8(7)
and 8C below) to comply with sub-paragraph (4) above before the
last day of February in the financial year preceding that to which
the final draft budget relates.”

(5) 40In paragraph 7 after sub-paragraph (4) insert—

“(4A) If the Authority’s consolidated council tax requirement does not
comply with the relevant principles, the Assembly shall also agree
a substitute consolidated council tax requirement that complies
with those principles at the public meeting.”