|
| |
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“(4A) Without prejudice to other methods of recovery, a sum recoverable | |
under subsection (4) above may— | |
(a) be recovered by withholding or reducing subsidy, and | |
(b) if the sum is referable to housing benefit in respect of houses | |
or other property within the authority’s Housing Revenue | 5 |
Account, be recovered by withholding or reducing rent | |
rebate subsidy under Part 8 of the Social Security | |
Administration Act 1992.” | |
32 In section 88(1)(d) (construction of references in Part 6 to “proper practices”), | |
for “section 66(4) above” there is substituted “section 21 of the Local | 10 |
Government Act 2003”. | |
33 (1) Schedule 4 (keeping of the Housing Revenue Account) is amended as | |
follows. | |
(2) In Part 1 (credits to the Account), item 5 (housing benefit transfers) is | |
omitted. | 15 |
(3) In that Part, for item 9 (sums directed by Secretary of State) there is | |
substituted— | |
“Item 9: sums directed by Secretary of State or National Assembly for Wales | |
Any sums which for the year the authority is required, by reason | |
of a direction given by the appropriate person, to carry to the | 20 |
credit of the account from some other revenue account of theirs. | |
A direction under this item may require the transfer of sums | |
calculated in accordance with formulae specified in the direction, | |
and any formula so specified may include variables framed (in | |
whatever way the appropriate person considers appropriate) by | 25 |
reference to such matters as the appropriate person thinks fit.” | |
(4) In Part 2 (debits to the Account), item 4 (rent rebates) is omitted. | |
(5) In that Part, after item 9 there is inserted— | |
“Item 10: sums directed by Secretary of State or National Assembly for Wales | |
Any sums which for the year the authority is required, by reason | 30 |
of a direction given by the appropriate person, to carry from the | |
account to the credit of some other revenue account of theirs. | |
A direction under this item may require the transfer of sums | |
calculated in accordance with formulae specified in the direction, | |
and any formula so specified may include variables framed (in | 35 |
whatever way the appropriate person considers appropriate) by | |
reference to such matters as the appropriate person thinks fit. | |
In giving a direction under this item, the appropriate person may | |
(in particular) take into account the effect of such a direction on— | |
(a) other revenue accounts in the authority’s relevant fund, | 40 |
(b) the amounts of council tax falling to be set by the authority | |
under section 30 of the Local Government Finance Act | |
1992, and | |
(c) the authority’s budget requirement under section 32(4) of | |
that Act. | 45 |
| |
| |
|
| |
| |
In this item the reference to the authority’s “relevant fund” is— | |
(a) in relation to England, to the authority’s general fund | |
within the meaning of section 91(2) of the Local | |
Government Finance Act 1988, and | |
(b) in relation to Wales, to the authority’s council fund within | 5 |
the meaning of section 38(1) of the Local Government | |
(Wales) Act 1994.” | |
Social Security Administration Act 1992 (c. 5) | |
34 The Social Security Administration Act 1992 is amended as follows. | |
35 (1) In section 134(2) (forms that may be taken by the rent rebates and allowances | 10 |
referred to since 1st April 1997 in subsections (1A) and (1B) instead of | |
subsection (1)), for “subsection (1)” substitute “subsections (1A) and (1B)”. | |
(2) Sub-paragraph (1) shall be deemed to have come into force on 1st April 1997. | |
36 In section 140B (calculation of rent rebate subsidy, rent allowance subsidy | |
and council tax benefit subsidy), the following are omitted— | 15 |
(a) the second sentence of subsection (2) (Housing Revenue Account rebates | |
paid by housing authority in England and Wales not relevant benefit for | |
purpose of determining amount of subsidy), and | |
(b) subsection (7) (section not to be taken as implying that additions and | |
deductions may not be determined by reference to certain matters). | 20 |
37 In section 140C (payment of subsidy), after subsection (1) there is inserted— | |
“(1A) Conditions under subsection (1) above may (in particular) be | |
imposed to obtain information for the purposes of the carrying-out | |
by the Secretary of State of any of his functions relating to subsidy.” | |
38 In section 140D (rent rebate subsidy: accounting provisions), the following | 25 |
are omitted— | |
(a) subsection (1)(c) (accounting for rent rebate subsidy by development | |
corporation in England and Wales), and | |
(b) subsection (2) (treatment of Housing Revenue Account rebates). | |
39 In section 140G (interpretation of Part 8), in the definition of “Housing | 30 |
Revenue Account”, paragraph (b) (definition of Housing Revenue Account | |
rebate) is omitted. | |
Local Government Finance Act 1992 (c. 14) | |
40 The Local Government Finance Act 1992 is amended as follows. | |
41 In section 11(2) (discounts), for “section 12” there is substituted “sections | 35 |
11A and 12”. | |
42 (1) In section 17 (completion of new dwellings), in subsection (4) (which defines | |
the date to be taken as the completion date)— | |
(a) in paragraph (a), for “an appeal” there is substituted “no appeal”, | |
and | 40 |
(b) in paragraph (b), for “no appeal” there is substituted “an appeal”. | |
(2) This paragraph has effect in relation to any completion notice under | |
Schedule 4A to the Local Government Finance Act 1988 (c. 41) (new | |
| |
| |
|
| |
| |
(2) buildings: completions days), as applied by section 17 of the Local | |
Government Finance Act 1992 (c. 14), which— | |
(a) is served on or after the day on which this paragraph comes into | |
force, or | |
(b) becomes the subject of such an appeal on or after the day on which | 5 |
this paragraph comes into force. | |
43 In section 21 (valuations for purposes of lists), in subsection (2) (basis of | |
valuations), for “1st April 1991” there is substituted “the appropriate date” | |
and after that subsection there is inserted— | |
“(2A) For the purposes of subsection (2) above, the appropriate date is— | 10 |
(a) in relation to a list under section 22, 1st April 1991, and | |
(b) in relation to a list under section 22B, the later of— | |
(i) two years before the date on which the list falls to be | |
compiled, and | |
(ii) such date, if any, within that two year period as may | 15 |
be specified by regulations. | |
(2B) The power to make regulations under subsection (2A)(b)(ii) is | |
exercisable— | |
(a) in relation to a list to be compiled for a billing authority in | |
England, by the Secretary of State, and | 20 |
(b) in relation to a list to be compiled for a billing authority in | |
Wales, by the National Assembly for Wales by statutory | |
instrument.” | |
44 In section 22(2) (when valuation list comes into force), for the words from | |
“and” to the end there is substituted “, shall come into force on that day and | 25 |
shall remain in force until a new list for the authority is compiled under | |
section 22B below”. | |
45 In section 24 (alteration of lists), in subsection (9)(b), for “or 22A(10)” there is | |
substituted “, 22A(10) or 22B(10)”. | |
46 Section 25 (compilation and maintenance of new lists) ceases to have effect. | 30 |
47 In section 28 (information about lists)— | |
(a) in subsection (2)(a), for “or 22A(10)” there is substituted “, 22A(10) or | |
22B(10)”, and | |
(b) in subsection (3)(a), after “22(6)” there is inserted “or 22B(8)”. | |
48 In section 66(2) (matters subject only to judicial review), in paragraph (b) | 35 |
(determinations), after “8(2)” there is inserted “, 11A”. | |
49 In section 67 (functions to be discharged only by the authority), in subsection | |
(2)(a) (making of determination), after “8(2)” there is inserted “, 11A”. | |
50 (1) Section 69 (interpretation of Part 1) is amended as follows. | |
(2) In subsection (1), the definition of “revenue support grant” is omitted. | 40 |
(3) After subsection (2) there is inserted— | |
“(2A) In this Part, any reference to expenditure incurred by a billing | |
authority, major precepting authority or local precepting authority | |
in any financial year includes the following (whether or not giving | |
rise to actual payments)— | 45 |
| |
| |
|
| |
| |
(a) any amount which does not form part of the authority’s | |
capital receipts for the purposes of Chapter 1 of Part 1 of the | |
Local Government Act 2003 (capital finance) and which is set | |
aside for the year by the authority as provision to meet credit | |
liabilities; and | 5 |
(b) any other amount which is set aside for the year by the | |
authority as reasonably necessary for the purpose of | |
providing for any liability or loss which is likely or certain to | |
be incurred but is uncertain as to the amount or the date on | |
which it will arise (or both).” | 10 |
51 In section 113 (orders and regulations), in subsection (3) (instruments subject | |
to negative resolution), in paragraph (a) (exceptions), after “11(3),” there is | |
inserted “22B(3)(a),”. | |
52 (1) Schedule 2 (administration) is amended as follows. | |
(2) In paragraph 8 (exempt dwellings etc.)— | 15 |
(a) in sub-paragraph (1), after “22(5)(b)” there is inserted “, 22B(7)”, and | |
(b) in sub-paragraphs (2) and (3)— | |
(i) after “22(5)(b)” there is inserted “, 22B(7)”, and | |
(ii) after “22(7)”, in both places, there is inserted “, 22B(9)”. | |
(3) At the end there is inserted— | 20 |
“21 (1) This paragraph applies where a billing authority exercises the | |
power under section 13A(1) above by determining a class of case | |
in which liability is to be reduced. | |
(2) Where the determination provides for liability to be reduced to nil, | |
any dwelling in relation to which the reduction applies shall be | 25 |
treated for the purposes of this Schedule as an exempt dwelling. | |
(3) Where the determination provides for liability to be reduced | |
otherwise than to nil, any amount in relation to which the | |
reduction applies shall be treated for the purposes of this Schedule | |
as subject to a discount equal to the amount of the reduction.” | 30 |
53 In Schedule 4 (enforcement), at the end there is inserted— | |
“Interpretation | |
20 In this Schedule, except paragraph 6, “prescribed” means | |
prescribed by regulations made— | |
(a) in relation to England, by the Secretary of State, and | 35 |
(b) in relation to Wales, by the National Assembly for Wales | |
by statutory instrument.” | |
Local Government (Wales) Act 1994 (c. 19) | |
54 In section 51 of the Local Government (Wales) Act 1994 (control of disposals | |
and contracts), in subsection (2), in the definition of “capital contract”, for | 40 |
“for capital purposes” there is substituted “which is capital expenditure for | |
the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 | |
(capital finance)”. | |
| |
| |
|
| |
| |
Deregulation and Contracting Out Act 1994 (c. 40) | |
55 In section 71(3) of the Deregulation and Contracting Out Act 1994 (certain | |
functions not excluded by section 71(1)(c)), after paragraph (e) there is | |
inserted— | |
“(ea) section 50 of the Local Government Act 2003 (administration | 5 |
etc of BID levy) if the function corresponds to any function | |
falling within paragraph (e) above,”. | |
Housing Act 1996 (c. 52) | |
56 (1) In section 122(4) of the Housing Act 1996 (which makes provision about the | |
determination of rent allowance subsidy under section 140B of the Social | 10 |
Security Administration Act 1992 (c. 5))— | |
(a) in paragraph (b) (which refers to subsection (2) of section 140B), for | |
“that subsection” there is substituted “subsection (4) or (5) of that | |
section”, and | |
(b) in paragraph (c) (which refers to subsection (4) of section 140B), for | 15 |
“(4)” there is substituted “(5)(b)”. | |
(2) Sub-paragraph (1) shall be deemed to have come into force on 1st July 1997. | |
Justices of the Peace Act 1997 (c. 25) | |
57 The Justices of the Peace Act 1997 is amended as follows. | |
58 In section 67 (justices not disqualified by reason of liability to local | 20 |
taxation)— | |
(a) after paragraph (a) there is inserted— | |
“(aa) BID levy (within the meaning of Part 4 of the Local | |
Government Act 2003),”, and | |
(b) for “any charge, tax or rate falling within paragraphs (b)” there is | 25 |
substituted “any levy, charge, tax or rate falling within paragraphs | |
(aa)”. | |
59 In section 72(1) (interpretation) for the definition of “capital expenditure” | |
there is substituted— | |
““capital expenditure” means expenditure which is capital expenditure | 30 |
for the purposes of Chapter 1 of Part 1 of the Local Government | |
Act 2003 (capital finance);”. | |
Local Government (Contracts) Act 1997 (c. 65) | |
60 In section 1(3) of the Local Government (Contracts) Act 1997 (local | |
authorities for the purposes of the Act), in paragraph (a), for “Part IV of the | 35 |
Local Government and Housing Act 1989” there is substituted “Chapter 1 of | |
Part 1 of the Local Government Act 2003 (capital finance)”. | |
Audit Commission Act 1998 (c. 18) | |
61 In Schedule 1 to the Audit Commission Act 1998 (which makes provision | |
about the Commission’s financial affairs)— | 40 |
(a) in paragraph 9(6), for “March” there is substituted “June”; | |
| |
| |
|
| |
| |
(b) in paragraph 11(3), for “31st March” there is substituted “30th June”. | |
Government of Wales Act 1998 (c. 38) | |
62 In section 81 of the Government of Wales Act 1998 (statement of estimated | |
payments), for subsection (2) there is substituted— | |
“(2) The statement shall also include such other information as the | 5 |
Secretary of State considers appropriate.” | |
Greater London Authority Act 1999 (c. 29) | |
63 The Greater London Authority Act 1999 is amended as follows. | |
64 In section 85 (calculation by Greater London Authority of budget | |
requirements), for subsection (9) there is substituted— | 10 |
“(9) In this section, any reference to expenditure incurred by a body in | |
any financial year includes the following (whether or not giving rise | |
to actual payments)— | |
(a) any amount which does not form part of the body’s capital | |
receipts for the purposes of Chapter 1 of Part 1 of the Local | 15 |
Government Act 2003 (capital finance) and which is set aside | |
for the year by the body as provision to meet credit liabilities; | |
and | |
(b) any other amount which is set aside for the year by the body | |
as reasonably necessary for the purpose of providing for any | 20 |
liability or loss which is likely or certain to be incurred but is | |
uncertain as to the amount or the date on which it will arise | |
(or both).” | |
65 Sections 112 to 118 (credit approvals) cease to have effect. | |
66 (1) Section 119 (power to redistribute capital receipts of functional bodies) is | 25 |
amended as follows. | |
(2) In subsection (2), for “expenditure for capital purposes” there is substituted | |
“capital expenditure”. | |
(3) In subsection (3)— | |
(a) in paragraph (e), for “expenditure for capital purposes” there is | 30 |
substituted “capital expenditure”, and | |
(b) for paragraph (f) there is substituted— | |
“(f) for and in connection with treating the whole or a | |
prescribed part of the relevant amount as added to | |
the capital receipts of the assisted body, for the | 35 |
purposes of Chapter 1 of Part 1 of the Local | |
Government Act 2003 (capital finance);”. | |
67 In section 120 (capital grants between the Greater London Authority and | |
functional bodies), for “expenditure for capital purposes”, in each place | |
where it occurs, there is substituted “capital expenditure. | 40 |
68 In section 121 (revenue grants between the Greater London Authority and | |
functional bodies), for “expenditure for capital purposes”, in each place | |
where it occurs, there is substituted “capital expenditure”. | |
| |
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| |
69 (1) Section 122 (Mayor’s capital spending plan for each functional body) is | |
amended as follows. | |
(2) In subsection (3)(c), for “usable part of the body’s capital receipts is” there is | |
substituted “body’s capital receipts are”. | |
(3) In subsection (4) (content of section B of the plan), for paragraphs (b) to (d) | 5 |
there is substituted— | |
“(b) the total of the amounts which the Mayor expects the body— | |
(i) to borrow in the year, or | |
(ii) to be treated as borrowing in the year because of | |
section 8(2) of the Local Government Act 2003 (under | 10 |
which entry into, or variation of, a credit arrangement | |
is treated as a form of borrowing).” | |
(4) In subsection (5) (content of section C of the plan)— | |
(a) in paragraph (a), for “expenditure for capital purposes” there is | |
substituted “capital expenditure”, and | 15 |
(b) for paragraph (b) there is substituted— | |
“(b) the total of the amounts which the Mayor expects the | |
body to be treated as borrowing in the year because of | |
section 8(2) of the Local Government Act 2003;”. | |
(5) In subsection (6) (content of section D of the plan), for paragraph (c) there is | 20 |
substituted— | |
“(c) the amount which he expects the body to meet by borrowing | |
or entering into or varying credit arrangements;”. | |
70 In section 123 (preparation of capital spending plan), for subsection (1) there | |
is substituted— | 25 |
“(1) For each financial year, the Mayor shall prepare a draft of the capital | |
spending plan for the year.” | |
71 (1) Section 124 (admissible factors in preparing capital spending plan etc.) is | |
amended as follows. | |
(2) In subsection (2), for paragraph (b) there is substituted— | 30 |
“(b) the amounts to be transferred to the body under section 33(5) | |
of the Local Government Act 2003 (Mayor’s power to transfer | |
expenditure grant);” | |
(3) In subsection (4)— | |
(a) after paragraph (a) there is inserted— | 35 |
“(aa) the amount met out of grants under section 31 of the | |
Local Government Act 2003 (expenditure grant) | |
made to the body;”, and | |
(b) for paragraph (c) there is substituted— | |
“(c) the amount met by borrowing or entering into or | 40 |
varying credit arrangements;”. | |
72 (1) Section 126 (interpretation of Chapter 4) is amended as follows. | |
(2) For subsection (1) there is substituted— | |
“(1) In this Chapter— | |
| |
| |
|
