S.C.A.
Amendment Paper as at
Thursday 6th February 2003
STANDING COMMITTEE A
New Amendments handed in are marked thus *
LOCAL GOVERNMENT BILL
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.'.
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
151
Clause 48, page 20, line 28, at end insert—
'( ) BID arrangements may specify that the owner of a non-domestic property should be liable to pay a BID levy.'.
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.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
114
Clause 52, page 21, line 34, leave out 'two' and insert 'four'.
Patrick Hall
101
Clause 52, page 21, line 34, leave out from 'unless' to 'a majority' in line 35.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
Mr Edward Davey
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.'.
Patrick Hall
102
Clause 52, page 21, line 37, leave out from beginning to end of line 3 on page 22.
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.'.
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
Mr David Curry
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
115
Clause 52, page 21, line 41, at end insert—
'(5B) The fourth condition is that C exceeds 25 per cent. of D.
(5C) C is the aggregate of the rateable values of each heraditament in respect of which a person voting in the ballot has voted in favour of the BID proposals.
(5D) D is the aggregate of the rateable values of all heraditaments in respect of which a person is liable for the proposed BID levy.'.
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
153
Clause 53, page 22, line 8, leave out from 'proposals' to end of line 9.
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 Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
152
Clause 53, page 22, line 12, after 'notice', insert 'no later than 3 months from the date of the ballot'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
116
Clause 56, page 23, line 11, leave out 'arrangements' and insert 'proposals'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
117
Clause 56, page 23, line 17, leave out 'two' and insert 'four'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
118
Clause 57, page 23, leave out line 33.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
119
Clause 57, page 23, line 40, leave out sub-paragraph (h).
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
155
Clause 63, page 26, line 41, leave out subsection (5).
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
154
Page 27, line 13, leave out Clause 64.
Mr David Borrow
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
104
Clause 66, page 32, line 21, leave out 'as regards a particular financial year' and insert 'over the period of the rating list'.
Mr David Curry
103
Clause 68, page 33, line 35, at end insert—
'(4A) Paragraph 7(8) ceases to have effect.'.
