Local Government Finance Bill

AMENDMENTS
TO BE MOVED
ON REPORT

Clause 1

BARONESS HANHAM

 

Page 2, line 4, at end insert—

“( ) paragraph 9A (regulations about payments by billing authorities to major precepting authorities out of deductions from central share payments);”

 

Page 2, line 10, at end insert—

“( ) paragraph 37 or 38 (regulations about designated areas or classes of hereditament), if the regulations contain provision within paragraph 39 (payments to relevant authorities).”

Schedule 1

BARONESS HANHAM

 

Page 20, line 33, at end insert—

“(ba) amounts received by the Secretary of State in the year under regulations under section 99(3) (treatment of surplus or deficit in collection fund) that make provision in relation to non-domestic rates,”

 

Page 21, line 16, at end insert—

“(za) payments made by the Secretary of State in the year under regulations under section 99(3) that make provision in relation to non-domestic rates,”

 

Page 21, line 33, after “(b)” insert “, (ba)”

 

Page 21, line 35, leave out “(2)(a)” insert “(2)(za) and (a)”

LORD JENKIN OF RODING

 

Page 22, line 31, at end insert—

“A billing authority’s central share for a year may not exceed its central share for the previous year.”

 

Page 22, line 31, at end insert—

“The following shall apply in relation to the central share—

(a) the percentage that is to be the billing authority’s central share for the year ending in 2016 shall be at least five lower than it was in the year ending in 2014;

(b) the percentage that is to be the billing authority’s central share for the year ending in 2018 shall be at least five lower than it was in the year ending in 2016;

(c) the percentage that is to be the billing authority’s central share for the year ending in 2020 shall be at least five lower than it was in the year ending in 2018.

The following shall apply in relation to the local share—

(a) the percentage that is to be the billing authority’s local share for the year ending in 2016 shall be at least five higher than it was in the year ending in 2014;

(b) the percentage that is to be the billing authority’s local share for the year ending in 2018 shall be at least five higher than it was in the year ending in 2016;

(c) the percentage that is to be the billing authority’s local share for the year ending in 2020 shall be at least five higher than it was in the year ending in 2018.”

BARONESS HANHAM

 

Page 23, line 10, leave out “sub-paragraph (2)” and insert “this paragraph”

 

Page 23, line 20, at end insert—

“( ) This paragraph is subject to regulations under paragraph 7A.”

 

Page 23, line 35, at end insert—

“Regulations about deductions from central share payments

7A (1) The Secretary of State may by regulations make provision for the deduction from a payment to be made under paragraph 6 by a billing authority to the Secretary of State of an amount to be determined in accordance with the regulations.

(2) The regulations may, in particular, make provision for the determination of an amount to be deducted to be made by reference to the operation in relation to the billing authority of section 47 (discretionary relief).

(3) The consent of the Treasury is required to regulations under this paragraph.”

 

Page 24, line 13, leave out “the local share of”

 

Page 24, line 16, leave out “sub-paragraph (4)” and insert “this paragraph”

 

Page 24, line 26, at end insert—

“( ) The regulations may not have the effect that the total amount payable by a billing authority under the regulations for a year exceeds the billing authority’s local share of its non-domestic rating income for a year.”

 

Page 24, line 36, leave out “or this paragraph” and insert “, this paragraph or Part 6 (funds) so far as applying to non-domestic rates”

 

Page 25, line 7, leave out “audit” and insert “certification”

 

Page 25, line 10, leave out “or this paragraph” and insert “, this paragraph or Part 6 (funds) so far as applying to non-domestic rates”

 

Page 25, line 11, leave out from “a” to “does” in line 12 and insert “certified calculation or certified information”

 

Page 25, line 14, after “or” insert “certified”

 

Page 25, line 14, at end insert—

“( ) The regulations may confer power on the Secretary of State to give directions about the certification of calculations or information.”

 

Page 25, line 14, at end insert—

“Payments out of deduction from central share payments

9A (1) The Secretary of State may by regulations make provision for a billing authority to make a payment for a year to one or more major precepting authorities of an amount equal to a proportion of the amount that is to be deducted in accordance with regulations under paragraph 7A from the billing authority’s payment under paragraph 6 to the Secretary of State for the year.

(2) The regulations may make provision about the administration of payments to major precepting authorities under the regulations.

(3) The regulations may, in particular, make provision in relation to payments to major precepting authorities of the same kind as the provision that may be made under sub-paragraph (2) of paragraph 9 in relation to payments to major precepting authorities to which that sub-paragraph applies.”

 

Page 33, leave out lines 10 to 13 and insert—

“( ) if the authority is subject to a requirement imposed by a direction under paragraph 40 (direction to make calculations or supply information) or by or under regulations under paragraph 40A (regulations about calculations and supply of information) for the purposes of this paragraph, as soon as is reasonably practicable after the time for compliance with that requirement,”

 

Page 34, leave out lines 28 to 31 and insert—

“( ) if the authority is subject to a requirement imposed by a direction under paragraph 40 (direction to make calculations or supply information) or by or under regulations under paragraph 40A (regulations about calculations and supply of information) for the purposes of this paragraph, as soon as is reasonably practicable after the time for compliance with that requirement,”

 

Page 35, line 14, leave out “(an “in-year calculation”)”

 

Page 35, line 24, leave out “an in-year” and insert “a”

 

Page 35, line 26, leave out “an in-year” and insert “the”

 

Page 35, line 31, leave out “an in-year” and insert “a”

 

Page 35, line 33, leave out “an in-year” and insert “the”

 

Page 35, line 39, leave out “an in-year” and insert “a”

 

Page 39, line 46, leave out “audit” and insert “certification”

 

Page 40, line 1, leave out from “a” to “does” in line 2 and insert “certified calculation or certified information”

 

Page 40, line 4, after “or” insert “certified”

 

Page 40, line 8, at end insert—

“( ) The regulations may confer power on the Secretary of State to give directions about the certification of calculations or information.”

 

Page 40, line 43, leave out from beginning to end of line 2 on page 41

 

Page 41, line 5, leave out from “designation” to end of line 6

 

Page 41, line 31, leave out from “consult” to end of line 32 and insert “the authorities covered by the designation.”

 

Page 41, line 34, leave out from “notify” to end of line 36 and insert “those authorities.”

LORD JENKIN OF RODING

 

Page 46, line 8, at end insert—

“( ) Without prejudice to the generality of this paragraph, the regulations may provide that a designated class may include a hereditament which consists of an investment to provide electricity generation from a renewable or other low carbon source, including nuclear power.”

BARONESS HANHAM

 

Page 47, line 19, after “Schedule” insert “or Part 6 (funds) so far as applying to non-domestic rates”

 

Page 47, line 26, leave out “audited” and insert “certified”

 

Page 47, line 37, leave out “by an audit”

 

Page 48, line 5, at end insert—

“Regulations about calculations and supply of information

40A The Secretary of State may by regulations—

(a) make any provision that could be made by a direction under paragraph 40;

(b) make provision for the Secretary of State to give a direction that could be given under that paragraph;

(c) make any provision made by that paragraph in relation to a direction under it—

(i) in relation to provision made by regulations under this paragraph, or

(ii) in relation to a direction given by the Secretary of State under regulations under this paragraph.”

Schedule 3

BARONESS HANHAM

 

Page 56, line 5, at end insert—

“( ) In subsection (1)(b), after “major precepting authority” insert “or the Secretary of State”.”

 

Page 56, line 27, at end insert—

“( ) under provision made by regulations under paragraph 9A of that Schedule (regulations about payments by billing authorities to major precepting authorities out of deductions from the central share),”

 

Page 56, line 35, at end insert—

“( ) In subsection (2)(b), after “major precepting authority” insert “or the Secretary of State”.”

 

Page 57, line 10, at end insert—

“( ) under provision made by regulations under paragraph 9A of that Schedule (regulations about payments by billing authorities to major precepting authorities out of deductions from the central share),”

 

Page 57, line 31, at end insert—

“(2B) The Secretary of State may by regulations make provision requiring a billing authority to transfer from its general fund to its collection fund such amounts as may be specified in or determined in accordance with the regulations by reference to sums received by the authority in respect of non-domestic rates under this Act.””

 

Page 57, line 34, leave out ““, (3) or (4A)” substitute “or (3)”” and insert ““97(1), (3) or (4A) above” substitute “97(1) or (3) or regulations under section 97(2A) above””

 

Page 57, line 34, at end insert—

( ) In subsection (1)(c), after “97(2) or (4) above” insert “or regulations under section 97(2B) above”.

( ) In subsection (3)—

(a) in paragraph (b)(i), for “major precepting authorities” substitute “one or more relevant authorities”,

(b) in paragraph (c), for “any major precepting authorities” substitute “prescribed relevant authorities”,

(c) in each of paragraphs (d) and (f), for “major precepting authority” substitute “relevant authority”.”

 

Page 57, line 35, at end insert—

“( ) Before subsection (4) insert—

“(3C) In subsection (3) “relevant authority” means—

(a) a major precepting authority, or

(b) the Secretary of State.

(3D) Regulations under subsection (3) may make separate provision in relation to council tax and non-domestic rates, with the effect that—

(a) more than one estimate is to be made by a billing authority of whether there is a deficit or surplus in its collection fund for a financial year and, if so, of the amount of the deficit or surplus,

(b) each estimate takes into account different amounts to be paid into or met from that fund, and

(c) each estimate has different consequences as to the payments to be made, or other functions to be exercised, by the billing authority, major precepting authorities or the Secretary of State.””

 

Page 57, line 42, at end insert ““regulations under section 99(3) above”

 

Page 58, line 1, at end insert ““regulations under section 99(3) above”

 

Page 58, line 14, leave out from “etc)” to end of line 21 and insert “—

( ) at the end of paragraph (b) insert “or”, and

( ) omit paragraph (c) and the “or” at the end of that paragraph (which provides for certification of calculations under Schedule 8 to the LGFA 1988).”

Clause 9

BARONESS DONAGHY

 

Page 5, line 34, at end insert—

“( ) In exercising its powers under subsection (2)(a) and (b), the authority must have regard to the impact of the scheme on work incentives for those persons in the area, including for those who are in employment or actively seeking employment.”

Prepared 4th October 2012