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(6) Where grant under section 31 is transferred under this section to a functional | |
body, any conditions to which the grant is subject shall apply to the transferee | |
instead of the transferor. | |
(7) In this section, “Mayor” means Mayor of London. | |
34 Wales | 5 |
In the application of this Chapter to local authorities in Wales, references to a | |
Minister of the Crown include the National Assembly for Wales. | |
35 Interpretation of Chapter 1 | |
(1) The following are local authorities for the purposes of this Chapter— | |
(a) a county council; | 10 |
(b) a county borough council; | |
(c) a district council; | |
(d) the Greater London Authority; | |
(e) a London borough council; | |
(f) the Common Council of the City of London, in its capacity as a local | 15 |
authority, police authority or port health authority; | |
(g) the Council of the Isles of Scilly; | |
(h) the Greater London Magistrates’ Courts Authority; | |
(i) an authority established under section 10 of the Local Government Act | |
1985 (c. 51) (waste disposal authorities); | 20 |
(j) a joint authority established by Part 4 of that Act (fire services, civil | |
defence and transport); | |
(k) a joint planning board constituted for an area in Wales outside a | |
National Park by an order under section 2(1B) of the Town and Country | |
Planning Act 1990 (c. 8); | 25 |
(l) a fire authority constituted by a combination scheme; | |
(m) a police authority established under section 3 of the Police Act 1996 | |
(c. 16). | |
(2) In this Chapter— | |
“functional body” has the same meaning as in the Greater London | 30 |
Authority Act 1999 (c. 29); | |
“Minister of the Crown” has the same meaning as in the Ministers of the | |
Crown Act 1975 (c. 26). | |
Chapter 2 | |
Other grants etc | 35 |
36 Best value grant: parishes | |
(1) The following are best value authorities for the purposes of this section— | |
(a) a parish council subject to any of the duties in sections 3 to 6 of the Local | |
Government Act 1999 (c. 27) (best value duties), and | |
(b) a parish meeting subject to any of those duties. | 40 |
(2) For each financial year, the Secretary of State may, with the consent of the Treasury, | |
pay grants in accordance with this section to best value authorities towards | |
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|
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(2) expenditure incurred or to be incurred by them in connection with any of the | |
requirements of Part 1 of the Local Government Act 1999 (best value). | |
(3) The power under subsection (2) shall be exercisable by the making of a | |
determination stating in relation to each best value authority the amount of | |
grant, if any, which the Secretary of State intends to make to it for each year to | 5 |
which the determination relates. | |
(4) A determination under this section may include provision for grant paid | |
pursuant to the determination to be subject to specified conditions. | |
(5) The conditions which may be included under subsection (4) shall be such as the | |
Secretary of State thinks fit and may, in particular, make provision about— | 10 |
(a) the supply of information, | |
(b) the use of grant, or | |
(c) the repayment of grant in specified circumstances. | |
(6) A determination under this section— | |
(a) may make different provision for different cases or areas; | 15 |
(b) may be made before, during or after the end of a financial year to which | |
it relates; | |
(c) may be revoked or varied by a subsequent determination. | |
(7) The power under subsection (6)(a) includes, in particular, the power to make | |
different provision for different best value authorities or descriptions of | 20 |
authority (including descriptions framed by reference to authorities in | |
particular areas). | |
(8) Grant due to a best value authority in accordance with a determination under | |
this section shall be payable at such time, or in such instalments and at such | |
times, as the Secretary of State may think fit. | 25 |
(9) A grant made under this section to a parish meeting shall be paid to the parish | |
trustees for the parish in question. | |
37 Best value grant: communities | |
(1) For the purposes of this section a best value authority is a community council | |
subject to any of the duties in sections 3 to 6 of the Local Government Act 1999 | 30 |
(c. 27). | |
(2) For each financial year, the National Assembly for Wales may pay grants in | |
accordance with this section to best value authorities towards expenditure | |
incurred or to be incurred by them in connection with any of the requirements | |
of Part 1 of the Local Government Act 1999. | 35 |
(3) The power under subsection (2) shall be exercisable by the making of a | |
determination stating in relation to each best value authority the amount of | |
grant, if any, which the Assembly intends to make to it for each year to which | |
the determination relates. | |
(4) A determination under this section may include provision for grant paid | 40 |
pursuant to the determination to be subject to specified conditions. | |
(5) The conditions which may be included under subsection (4) shall be such as the | |
Assembly thinks fit and may, in particular, make provision about— | |
(a) the supply of information, | |
| |
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|
| |
| |
(b) the use of grant, or | |
(c) the repayment of grant in specified circumstances. | |
(6) A determination under this section— | |
(a) may make different provision for different cases or areas; | |
(b) may be made before, during or after the end of a financial year to which | 5 |
it relates; | |
(c) may be revoked or varied by a subsequent determination. | |
(7) The power under subsection (6)(a) includes, in particular, the power to make | |
different provision for different best value authorities or descriptions of | |
authority (including descriptions framed by reference to authorities in | 10 |
particular areas). | |
(8) Grant due to a best value authority in accordance with a determination under | |
this section shall be payable at such time, or in such instalments and at such | |
times, as the Assembly may think fit. | |
38 Grants in connection with designation for service excellence | 15 |
(1) The appropriate person may pay any of the following to a best value authority subject | |
to any of the duties in sections 3 to 6 of the Local Government Act 1999 (c. 27) (best | |
value duties)— | |
(a) a grant towards expenditure incurred by the authority in applying for the | |
award of a designation based on excellence in the provision of services, and | 20 |
(b) where the authority is awarded such a designation— | |
(i) a grant as a reward for being awarded such a designation, and | |
(ii) a grant towards expenditure incurred or to be incurred by the | |
authority in disseminating information about best practices. | |
(2) The amount of a grant under this section and the manner of its payment are to | 25 |
be such as the appropriate person may determine. | |
(3) A grant under this section may be paid on such conditions as the appropriate | |
person may determine as to the circumstances in which the whole or any part | |
of the grant must be repaid. | |
39 Emergency financial assistance to combined fire authorities | 30 |
In section 155 of the Local Government and Housing Act 1989 (c. 42) | |
(emergency financial assistance to local authorities), in subsection (4) | |
(authorities that are local authorities for the purposes of that section), after | |
paragraph (g) there is inserted “; or | |
(h) a fire authority in England and Wales constituted by a | 35 |
combination scheme under the Fire Services Act 1947.” | |
| |
40 Loans by Public Works Loan Commissioners | |
(1) The Secretary of State may, if he thinks it appropriate, make payments to the Public | |
Works Loan Commissioners so as to reduce or extinguish such debt (whether then due | 40 |
or not) of a local authority in England to those Commissioners as he thinks fit. | |
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(2) The National Assembly for Wales may, if it thinks it appropriate, make | |
payments to the Public Works Loan Commissioners so as to reduce or | |
extinguish such debt (whether then due or not) of a local authority in Wales to | |
those Commissioners as the Assembly thinks fit. | |
(3) The amount— | 5 |
(a) required to extinguish a debt, or | |
(b) by which a payment reduces a debt, | |
shall be such as may be determined by the Commissioners. | |
(4) The Commissioners may refuse to accept a payment which the Secretary of | |
State or the National Assembly for Wales proposes to make to them under this | 10 |
section. | |
(5) In this section “local authority” means— | |
(a) in relation to England— | |
(i) a district council, | |
(ii) a county council that is the council for a county in which there | 15 |
are no district councils, | |
(iii) a London borough council, | |
(iv) the Common Council of the City of London, or | |
(v) the Council of the Isles of Scilly; and | |
(b) in relation to Wales, a county council or a county borough council. | 20 |
41 Payments towards local authority indebtedness | |
(1) The Secretary of State may, if he thinks it appropriate, make payments to a local | |
authority in England for application by the authority in reducing or extinguishing | |
such debt (whether then due or not) of the authority as he thinks fit. | |
(2) The National Assembly for Wales may, if it thinks it appropriate, make | 25 |
payments to a local authority in Wales for application by the authority in | |
reducing or extinguishing such debt (whether then due or not) of the authority | |
as the Assembly thinks fit. | |
(3) The person making payments to a local authority under this section may | |
specify how the payments are to be applied by the authority and may in | 30 |
particular specify— | |
(a) the debt or debts to be extinguished, or | |
(b) the debt or debts to be reduced. | |
(4) A payment under this section may be made subject to conditions imposed by | |
the person making the payment. | 35 |
(5) The conditions that may be imposed under subsection (4) include (in | |
particular) conditions relating to the repayment in specified circumstances of | |
all or part of the payment. | |
(6) Payments made to a local authority under this section may not be applied in | |
reducing or extinguishing any debt of the authority to the Public Works Loan | 40 |
Commissioners. | |
(7) In this section “local authority” means— | |
(a) in relation to England— | |
(i) a district council, | |
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(ii) a county council that is the council for a county in which there | |
are no district councils, | |
(iii) a London borough council, | |
(iv) the Common Council of the City of London, or | |
(v) the Council of the Isles of Scilly; and | 5 |
(b) in relation to Wales, a county council or a county borough council. | |
42 Local government finance reports: Wales | |
(1) Schedule 2 (which makes provision for enabling the National Assembly for | |
Wales to make two local government finance reports for a year, one dealing | |
with police authorities and one dealing with other authorities and bodies) has | 10 |
effect. | |
(2) This section applies in relation to the financial year beginning on 1st April 2004 | |
and subsequent financial years. | |
Part 4 | |
Business improvement districts | 15 |
BID arrangements | |
43 Arrangements with respect to business improvement districts | |
(1) A billing authority may in accordance with this Part make arrangements (“BID | |
arrangements”) with respect to an area (a “business improvement district”) | |
comprising all or part of the area of the authority. | 20 |
(2) The purpose of BID arrangements is to enable— | |
(a) the projects specified in the arrangements to be carried out for the | |
benefit of the business improvement district or those who live, work or | |
carry on any activity in the district, and | |
(b) those projects to be financed (in whole or in part) by a levy (“BID levy”) | 25 |
imposed on the non-domestic ratepayers, or a class of such ratepayers, | |
in the district. | |
44 Joint arrangements | |
(1) The Secretary of State may by regulations make provision for or in connection | |
with enabling two or more billing authorities to make BID arrangements with | 30 |
respect to a business improvement district comprising all or part of the area of | |
each of the authorities. | |
(2) The provision which may be made by regulations under this section includes | |
provision which modifies any provision made by or under this Part in its | |
application to such arrangements. | 35 |
45 Additional contributions and action | |
(1) The persons specified in subsection (2) may make financial contributions or | |
take action for the purpose of enabling the projects specified in BID | |
arrangements to be carried out. | |
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(2) Those persons are— | |
(a) the billing authority which has made the arrangements, | |
(b) a county council or parish council any part of whose area falls within | |
the business improvement district, and | |
(c) any other person authorised or required to do so in accordance with the | 5 |
arrangements. | |
46 Duty to comply with arrangements | |
Where BID arrangements are in force, the billing authority which made the | |
arrangements must comply with them. | |
BID levy | 10 |
47 BID levy | |
(1) BID levy is to be imposed in a business improvement district only for periods | |
(“chargeable periods”) falling within the period in which BID arrangements | |
are in force in respect of the district. | |
(2) The length of any chargeable period, and the day on which it begins, are to be | 15 |
such as may be specified in the BID arrangements. | |
(3) The amount of BID levy for any chargeable period— | |
(a) is be calculated in such manner as may be provided in the BID | |
arrangements, and | |
(b) may be different for different cases. | 20 |
48 Liability for BID levy | |
(1) BID arrangements must specify the description of non-domestic ratepayers in | |
the business improvement district who are to be liable for BID levy for a | |
chargeable period. | |
(2) A person is to be liable for BID levy for a chargeable period if he falls within | 25 |
that description at any time within the period. | |
(3) The amount of a person’s liability for BID levy for any chargeable period is to | |
be determined in accordance with the BID arrangements. | |
(4) Any amount of BID levy for which a person is liable is to be paid to the billing | |
authority which made the arrangements. | 30 |
Administration etc | |
49 BID Revenue Account | |
(1) A billing authority which has made BID arrangements must, in accordance | |
with proper practices, keep an account, to be called the BID Revenue Account. | |
(2) Amounts paid to the authority by way of BID levy must be credited to the BID | 35 |
Revenue Account. | |
(3) Amounts are to be debited to the BID Revenue Account only in accordance | |
with BID arrangements. | |
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(4) The Secretary of State may by regulations make further provision in relation to | |
the BID Revenue Account. | |
(5) The provision which may be made under subsection (4) includes provision | |
amending any enactment (whenever passed or made). | |
50 Administration of BID levy etc | 5 |
(1) The Secretary of State may by regulations make provision with respect to the | |
imposition, administration, collection, recovery and application of BID levy. | |
(2) The provision which may be made by regulations under this section includes | |
provision— | |
(a) corresponding to any provision which may be made by regulations | 10 |
under section 50 or 63 of, or Schedule 9 to, the Local Government | |
Finance Act 1988 (c. 41) (joint owners or occupiers, death and | |
administration of non-domestic rating); | |
(b) modifying or applying with modifications any provision made by | |
regulations under any of those provisions. | 15 |
(3) Nothing in subsection (2) is to be taken as limiting the power conferred by | |
subsection (1). | |
Procedure | |
51 BID proposals | |
(1) BID arrangements are not to come into force unless proposals for the | 20 |
arrangements (“BID proposals”) are approved by a ballot of the non-domestic | |
ratepayers in the proposed business improvement district who are to be liable | |
for the proposed BID levy. | |
(2) The Secretary of State may by regulations make provision— | |
(a) as to the persons who may draw up BID proposals, | 25 |
(b) as to the procedures to be followed in connection with the drawing up | |
of BID proposals, | |
(c) as to the matters to be included in BID proposals, and | |
(d) as to the date which may be provided under BID proposals for the | |
coming into force of BID arrangements which give effect to the | 30 |
proposals. | |
52 Approval in ballot | |
(1) BID proposals are not to be regarded as approved by a ballot held for the | |
purposes of section 51(1) unless two conditions are satisfied. | |
(2) The first condition is that a majority of the persons voting in the ballot have | 35 |
voted in favour of the BID proposals. | |
(3) The second condition is that A exceeds B. | |
(4) A is the aggregate of the rateable values of each hereditament in respect of | |
which a person voting in the ballot has voted in favour of the BID proposals. | |
(5) B is the aggregate of the rateable values of each hereditament in respect of | 40 |
which a person voting in the ballot has voted against the BID proposals. | |
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