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

---

   

Mr Edward Davey
Dr John Pugh
Sue Doughty

150

Clause     87,     page     43,     line     27,     at end insert—

    '(3A)   In carrying out their functions under this Part, the appropriate person and the local housing authority must have particular regard to the provisions of sections 1 to 3 of the Homelessness Act 2002.'.

---

   

Mr Nick Raynsford

124

Clause     101,     page     54,     line     10,     after 'authority' insert '(in Scotland, a relevant authority)'.

   

Mr Nick Raynsford

125

Clause     101,     page     54,     line     25,     after 'authority' insert '(in Scotland, a relevant authority)'.

   

Mr Nick Raynsford

126

Clause     101,     page     54,     line     32,     at end insert—

    '( )   The duties under sections 1 and 2 of the Local Government in Scotland Act 2003 (asp 00) (best value) of a relevant authority have effect subject to subsections (1) and (3).'.

   

Mr Nick Raynsford

127

Clause     101,     page     54,     line     35,     after 'authorities' insert '(or, as the case may be, relevant authorities)'.

   

Mr Nick Raynsford

128

Clause     101,     page     54,     line     42,     at end insert—

    '( )   In this section—

"appropriate person", in relation to Scotland, means the Scottish Ministers; and"relevant authority" means—

(a)	a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39),

(b)	the Strathclyde Passenger Transport Authority, or

(c)	any other body to which Part 1 of the Local Government in Scotland Act 2003 (asp 00) (best value and accountability) applies.'.

---

   

Mr Nick Raynsford

129

Clause     102,     page     56,     line     22,     at end insert—

'"appropriate person", in relation to Scotland, means the Scottish Ministers;'.   

Mr Nick Raynsford

130

Clause     102,     page     56,     line     23,     after first 'authority"' insert—

'(a)	in relation to England and Wales,'.

   

Mr Nick Raynsford

131

Clause     102,     page     56,     line     25,     at end insert ', and

(b)	in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);'.

---

   

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.

---

   

Mr Nick Raynsford

145

Schedule     4,     page     84,     line     18,     leave out from beginning to 'he' in line 19 and insert—

'(aa)   he is the subject of a bankruptcy restrictions order or interim order;

(b)   a bankruptcy order has been made against him by a court in Northern Ireland, his estate has been sequestrated by a court in Scotland or, under the law of Northern Ireland or Scotland,'.

   

Mr Nick Raynsford

146

Schedule     4,     page     90,     line     9,     at end insert—

'The Enterprise Act 2002 (c.40)

(1)

Paragraph 2(1)(b), (2) and (3) shall be taken to be within the definition of "provision" in section 268 of the Enterprise Act 2002 (power to remove bankruptcy disqualifications under pre-8th November 2002 provisions or extend them to, or replace them with disqualifications of, persons subject to bankruptcy restrictions regimes).

(2)	That section shall apply in relation to paragraph 2(1)(b), (2) and (3) as if—

(a)   subsections (5)(d), (6) to (8) and (15) (power to make application of disqualification provision subject to person's discretion) were omitted, and

(b)   for subsection (13) (orders under section to be made by statutory instrument after parliamentary approval of a draft) there were substituted—

    "(13)   An order under this section—

(a)	must be made by statutory instrument, and

(b)	shall be subject to annulment in pursuance of a resolution of either House of Parliament."'.

---

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 Nicholas Soames	Mr Andrew Mackay	Mr Michael Portillo
Mr David Curry	Mr Ian Taylor	Mr Francis Maude
Mr Robert Jackson	Mr Alan Duncan	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

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.'.

---

Identification of Land Ownership for BIDs

   

Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden

NC5

To move the following Clause:—

       '. A local authority or authorities shall, with respect to a Business Improvement District in their area, provide assistance in identifying the ownership of land within that Business Improvement District, when requested to do so by persons drawing up the BID proposals for that area.'.

---

Notification to non-domestic ratepayers of BID proposal

   

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

NC6

To move the following Clause:—

       'Prior to the holding of a ballot of relevant non-domestic ratepayers in accordance with section 51(1), the billing authority shall take all reasonable steps to ensure that every non-domestic ratepayer eligible to vote in the ballot shall receive such infomation regarding the BID proposal and such information as will facilitate, each such non-domestic ratepayer being able readily to calculate the amount of BID levy that will be payable by him, as the Secretary of State shall prescribe.'.

---

BID: estimated bills

   

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

NC7

To move the following Clause:—

       '.—After section 41 of the 1988 Act insert—

       A Billing Authority must, no later than 31st October in the year preceding a revaluation, send to non-domestic ratepayers an estimated Bill for the following financial year.'.

---

   

Mr Nick Raynsford

132

Schedule     6,     page     100,     line     22,     leave out 'by statutory instrument'.

Prepared 4 Feb 2003