Local Government Bill

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House of Commons

Session 2002 - 03
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Local Government Bill

Local Government Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Office of the Deputy Prime Minister, are
published separately as Bill 9—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Mr Secretary Prescott has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Local Government Bill are compatible with the
Convention rights.

Bill 9 53/2

Local Government Bill
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Contents
Part 1
Capital finance etc and accounts
Chapter 1
Capital finance etc
Borrowing
      1         Power to borrow
      2         Control of borrowing
      3         Duty to determine affordable borrowing limit
      4         Imposition of borrowing limits
      5         Temporary borrowing
      6         Protection of lenders
Credit arrangements
      7         “Credit arrangements”
      8         Control of credit arrangements
Capital receipts
      9         “Capital receipt”
      10         Non-money receipts
      11         Use of capital receipts
Investment
      12         Power to invest
Miscellaneous
      13         Security for money borrowed etc
      14         Information
Supplementary
      15         Guidance
      16         “Capital expenditure”
      17         External funds
      18         Local authority companies etc

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      19         Application to parish and community councils
      20         Directions
Chapter 2
Accounts
      21         Accounting practices
      22         “Revenue account”
Chapter 3
General
      23         “Local authority”
      24         Wales
Part 2
Financial administration
      25         Budget calculations: report on robustness of estimates etc
      26         Minimum reserves
      27         Budget calculations: report on inadequacy of controlled reserve
      28         Budget monitoring: general
      29         Budget monitoring: Greater London Authority
      30         Authorisation of agreements during the prohibition period
Part 3
Grants etc
Chapter 1
Expenditure grant
      31         Power to pay grant
      32         Ancillary powers
      33         Application to Greater London Authority
      34         Wales
      35         Interpretation of Chapter 1
Chapter 2
Other grants etc
      36         Best value grant: parishes
      37         Best value grant: communities
      38         Grants in connection with designation for service excellence
      39         Emergency financial assistance to combined fire authorities
      40         Loans by Public Works Loan Commissioners
      41         Payments towards local authority indebtedness
      42         Local government finance reports: Wales

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Part 4
Business improvement districts
BID arrangements
      43         Arrangements with respect to business improvement districts
      44         Joint arrangements
      45         Additional contributions and action
      46         Duty to comply with arrangements
BID levy
      47         BID levy
      48         Liability for BID levy
Administration etc
      49         BID Revenue Account
      50         Administration of BID levy etc
Procedure
      51         BID proposals
      52         Approval in ballot
      53         Power of veto
      54         Appeal against veto
      55         Commencement of BID arrangements
Miscellaneous
      56         Duration of BID arrangements etc
      57         Regulations about ballots
      58         Power to make further provision
      59         Crown application
      60         Wales
      61         Interpretation of Part 4
Part 5
Non-domestic rates
      62         Submission of proposed rating lists
      63         Small business relief
      64         Calculation of non-domestic rating multiplier
      65         Rural settlement lists etc
      66         Transitional relief
      67         Rating of meters
      68         Exemptions for agricultural buildings
      69         Exemption for places of religious worship
      70         Removal of power to prescribe rateable values
      71         Adjustments for hardship relief
      72         Provision of information
      73         Interpretation of Part 5

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Part 6
Council tax
Liability and amount of tax
      74         Exception of students from joint and several liability
      75         Second and empty homes: England
      76         Billing authority’s power to reduce amount of tax payable
Valuation lists and bands
      77         Statutory revaluation cycle
      78         Power to change number of valuation bands
      79         Transitional arrangements
Enforcement
      80         Amendments relating to distress
      81         Charging orders: aggregation
      82         Quashing of liability orders
Other
      83         Major precepting authorities: combined fire authorities
      84         Amendment of section 67 of the Local Government Finance Act 1992
      85         Vacant dwellings: use of information obtained for council tax purposes
      86         Repeal of section 31 of the Local Government Act 1999
Part 7
Housing finance etc
      87         Housing strategies and statements
      88         Housing Revenue Account business plans
      89         Housing Revenue Account subsidy: payment and calculation
      90         Housing Revenue Account subsidy: negative amounts
      91         Housing Revenue Accounts etc: adaptation of enactments
      92         Local housing authority houses: rents
Part 8
Miscellaneous and general
Chapter 1
Miscellaneous
Charging and trading
      93         Power to charge for discretionary services
      94         Power to disapply section 93 (1)
      95         Power to trade in function-related activities through a company
      96         Regulation of trading powers
      97         Power to modify enactments in connection with charging or trading

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      98         Procedure for orders under section 97
Performance categories
      99         Categorisation of English local authorities by reference to performance
      100         Exercise of powers by reference to authorities’ performance categories
Contracting-out
      101         Staff transfer matters: general
      102         Staff transfer matters: pensions
2004 local government elections
      103         Power to change date of elections in England
      104         Power to change date of elections in Wales
Valuation Tribunal Service
      105         The Valuation Tribunal Service
      106         Transfer to Service of property, rights and liabilities
Audit Commission
      107         Auditors’ public interest reports: time allowed for consideration
      108         Auditors’ public interest reports: publicity
      109         Financial year
      110         Delegation
Other
      111         Standards Board for England: delegation
      112         Paid time off for councillors not to be political donation
      113         Overview and scrutiny committees: voting rights of co-opted members
      114         Local polls
      115         Appropriate sum under section 137(4) of the Local Government Act 1972
      116         Use of fixed penalties paid for litter and dog-fouling offences
Chapter 2
General
      117         Orders and regulations
      118         General interpretation
      119         Application to Isles of Scilly
      120         Financial provisions
      121         Minor and consequential amendments and repeals
      122         Commencement
      123         Short title and extent
                  Schedule 1                     —                     Capital finance: parish and community councils and charter
trustees

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                  Schedule 2                     —                     Welsh local government finance reports
                  Schedule 3                     —                     Amendment of powers exercisable in relation to local
authorities
                  Schedule 4                     —                     The Valuation Tribunal Service
                  Schedule 5                     —                     Transfer schemes: further provision
                  Schedule 6                     —                     Minor and consequential amendments
                  Schedule 7                     —                     Repeals and revocations
                  Part 1                    —                     Repeals
                  Part 2                    —                     Revocations

© Parliamentary copyright 2002
Revised 26 November 2002