Amendments proposed to the Local Government Bill - continued House of Commons

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David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne

73

*Clause     48,     page     20,     line     24,     at end insert—

    '(1A)   Any owners of superior property interests must be described in the BID arrangements

      (a) by name of the legal owner of the property interest,

      (b) by an address for service of any BID related information, and

      (c) by reference to the relevant hereditament to which the superior property interest relates.

    (1B)   The means of calculating any BID levy to be paid by an owner of a superior property interest must be set out in the BID arrangements and must be an allocated proportion of the BID levy ("allocated proportion") in respect of the relevant hereditament.

    (1C)   The BID arrangements must specify the residual proportion (if any) of the BID levy ("residual proportion") for which the non-domestic ratepayer will be liable.

    (1D)   The aggregate of the allocated proportions and the residual proportion of the BID levy shall not exceed the amount that would be charged if the BID levy were being paid only by the non-domestic ratepayers.'.

   

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

96

*Clause     48,     page     20,     line     24,     at end insert—

    '(1A)   Any owners of superior property interests who are to be liable for BID levy for a chargeable period must be described in the BID arrangements—

      (a) by name of the legal owner of the property interest;

      (b) by an address for service of any BID-related information; and

      (c) by reference to the relevant hereditament to which the superior property interest relates.

    (1B)   The means of calculating any BID levy to be paid by an owner of a superior property interest must be set out in the BID arrangements and must be an allocated proportion of the BID levy in respect of the relevant hereditament.

    (1C)   The BID arrangements must specify the residual proportion (if any) of the BID levy for which the non-domestic ratepayer will be liable.

    (1D)   The aggregate of the allocated proportions and the residual proportion of the BID levy shall not exceed the amount that would be charged if the BID levy were being paid only by the non-domestic ratepayer.'.


   

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

97

*Clause     50,     page     21,     line     7,     at end insert—

    '(1A)   Regulations under (1) above may specify that all or a proportion of the start up costs of a BID can be met from the BID levy.'.


   

Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
Mr David Curry
Mr Andrew Turner

99

*Clause     52,     page     21,     line     21,     leave out 'two' and insert 'three'.

   

David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
Mr Edward Davey

Dr John PughSue DoughtyMr Paul Marsden

74

*Clause     52,     page     21,     line     36,     at end insert—

    '(2A)   For the purposes of the first condition no person shall be entitled to more than one vote.'.

   

David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne

75

*Clause     52,     page     21,     line     39,     at end insert—

    '(4A)   Where BID levy is to be paid by the owner of a superior property interest for the purposes of calculating A and B the owner of the superior property interest shall be treated as voting in relation to the allocated proportion of the rateable value of the relevant hereditament and the non-domestic ratepayer shall be taken as voting in relation to the residual proportion of the rateable value of the relevant hereditament.'.

   

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

98

*Clause     52,     page     21,     line     41,     at end insert—

    '(5A)   Where BID levy is to be paid by the owner of a superior property interest, for the purposes of calculating A and B the owner of the superior property interest shall be treated as voting in relation to the allocated proportion of the rateable value of the relevant hereditament and the non-domestic ratepayer shall be taken as voting in relation to the residual proportion of the rateable value of the relevant hereditament.'.

   

Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
Mr David Curry
Mr Andrew Turner

100

*Clause     52,     page     21,     line     41,     at end insert—

    '(5A)   The third condition is that at least 25 per cent. of those eligible to vote shall have voted in favour of the BID proposals.'.


   

David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne

76

*Clause     53,     page     22,     line     9,     at end insert—

    '(2A)   In deciding whether to exercise the veto a billing authority must have regard to—

      (a) the identification of the classes of owners of superior property interests proposed to be charged,

      (b) any classes of owners of superior property interests who are not proposed to be charged,

      (c) the allocated proportion proposed to be charged to each owner of a superior property interest, and

      (d) the proposed arrangements for the management of the BID including the representation of owners of superior property interests in the management arrangements

       and shall exercise the veto unless it is satisfied that the proposed BID arrangements are fair and equitable in relation to the manner in which the projects specified will be financed and shall have regard to any Codes of Practice issued by the Secretary of State.'.

   

David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne

77

*Clause     53,     page     22,     line     11,     after 'such', insert 'additional'.


   

David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne

1

Clause     103,     page     56,     leave out lines 32 to 34.


NEW CLAUSE RELATING TO THE REPEAL OF SECTION 2A OF THE LOCAL GOVERNMENT ACT 1986

Repeal of prohibition on promotion of homosexuality

   

Mr Edward Davey
Matthew Green
Kali Mountford
Mr David Borrow
John Bercow
Annette Brooke

Mr David Lepper

NC1

To move the following Clause:—

       'Section 2A of the Local Government Act 1986 (c.10) (local authorities prohibited from promoting homosexuality) ceases to have effect'.


REMAINING NEW CLAUSES

Imposition of borrowing limits (No. 2)

   

Mr Edward Davey
Dr John Pugh
Sue Doughty

NC2

To move the following Clause:—

    '—.(1)   The Secretary of State may by regulations set limits in relation to the borrowing of money by local authorities.

    (2)   The Secretary of State may only make regulations under subsection (1) if the Code for Fiscal Stability, as provided for in section 155 of the Finance Act 1998, would otherwise be breached in any way.

    (3)   Before the Secretary of State may make regulations under subsection (1), the Treasury must prepare and lay before Parliament a document which shall be subject to approval by a resolution of the House of Commons explaining how the Code for Fiscal Stability would otherwise be breached if limits were not set in relation to the borrowing of money by local authorities.

    (4)   It shall be the duty of the Comptroller and Auditor General to examine the Treasury's document published under subsection (3) and report to the House of Commons his findings.'.


Relief for charities and certain sports clubs

   

Mr Clive Betts
Mr David Borrow

NC3

To move the following Clause:—

    '.—(1)   In section 43 of the 1988 Act (occupied hereditaments: liability) for subsection (6) there is substituted:

          "(6)   This subsection applies where on the day concerned the ratepayer is:

          1. a charity or trustees for a charity and the hereditament is wholly or mainly used for charitable purposes (whether of that charity or of that an other charities); or

          2. a community amateur sports club within the meaning of Schedule 18 to the Finance Act 2002 (relief for community amateur sports clubs) and the hereditament is wholly or mainly used for the purposes of that club.".

    (2)   In section 45 of that Act (unoccupied hereditaments: liability) for subsection (6) there is substituted:

          "(6)   This subsection applies where on the day concerned the ratepayer is:

          1. a charity or trustees for a charity and it appears that when next in use the hereditament will be wholly or mainly used for charitable purposes (whether of that charity or of that an other charities).

          2. a community amateur sports club within the meaning of Schedule 18 to the Finance Act 2002 and it appears that when next in use the hereditament will be wholly or mainly used for the purposes of that club.".'.


BID: No reimbursement to owner of superior interest

   

David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
Mr Edward Davey

Dr John PughSue DoughtyMr Paul Marsden

NC4

*To move the following Clause:—

       '. No owner of a superior property interest shall seek to be entitled to any reimbursement of the allocated proportion from any other owner of an interest in the relevant hereditament other than an interest created after the date on which the BID arrangements come into force.'.

 
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