Vote Bundle Text (930206-04)

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

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Valuation: conflicts between judicial and administrative matters

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

NC11

To move the following Clause:—

'In the event of any conflict between the Valuation Tribunal Service and a Valuation Tribunal over what is an administrative matter within the jurisdiction of the former and what is a judicial or other matter within the jurisdiction of the latter, the Service, a Valuation Tribunal or its President may request the President of the Council on Tribunals to appoint a qualified person to arbitrate between them and he shall do so.'.

Valuation Tribunals: immunity

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

NC12

To move the following Clause:—

'A member of a Valuation Tribunal or an officer acting as clerk to a tribunal shall not be liable for anything done or omitted in the discharge or purported discharge of his functions as a tribunal member unless the act or omission is shown to have been in bad faith.'.

REMAINING NEW CLAUSES

Fire brigade establishment schemes: removal of Secretary of State's functions

Mr Nick Raynsford

NC13

*To move the following Clause:—

'The following provisions cease to have effect—

(a) section 19(3) to (8) of the Fire Services Act 1947 (c.41) (functions of Secretary of State in relation to fire brigade establishment schemes), and

(b) paragraph (a) of section 7(2) of the Fire Services Act 1959 (c.44) (approval by Secretary of State of establishment scheme for fire authority on its becoming, or becoming a successor to, a combined authority).'.

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.'.

Amendment of Local Government Act 2000 (Scrutiny Function)

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

NC8

To move the following Clause:—

'(1) The Local Government Act 2000 (c. 22) is amended as follows.

(2) In section 24 (absence of requirement for political balance)—

(a) there is inserted after "local authority executive" (where it appears for the second time) the words "nor (c) (save as in subsection (2) below) a scrutiny committee,"; and

(b) after "groups) applies" is added—

"(2) When calculating the allocation seats to political groups on scrutiny committees those members of the local authority who are members of its executive shall be disregarded.".

(3) After section 29 (operation of and public policy for, executive arrangements) there is inserted—

"29A. Scrutiny Committee Chairmanships

The proportion of chairmanships of scrutiny committees on a local authority held by each of the parties represented on its executive shall not exceed the proportion of seats held by each of those parties on that authority.".'.

Amendment of Local Government Act 2000 (Standards)

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

NC9

To move the following Clause:—

'(1) The Local Government Act 2000 (c. 22) is amended as follows.

(2) In section 53 (standards committees)—

(a) in subsection (4) the words "(a) at least two members of the authority, and" are omitted; and

(b) in subsection (5) the words "executive leader, and (b) may not be chaired by" are omitted.'.

Regulation of body piercing establishments outside London

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

NC14

*To move the following Clause:—

'The Local Government Act 1988 (c. 9) is amended as follows:—

After section 36 insert—

"36A Regulation of Body Piercing Establishments outside London

(1) The Secretary of State shall, within twelve months of this section coming into force, by regulation make provision for the extension of powers under the London Local Authorities Act 1991 to regulate establishments carrying out body piercing to those local authorities outside London that wish to have such powers, with such modifications and amendments as the Secretary of State shall prescribe.

(2) Regulations made under this section shall be exercisable by statutory instrument.".'.

Mr Nick Raynsford

132

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

Mr Nick Raynsford

133

Schedule 6, page 101, line 11, leave out paragraph 51 and insert—

'51 (1) Section 113 (orders and regulations) is amended as follows.

(2) In each of subsections (1) and (2) (powers to make regulations or orders under the Act include power to make differential and incidental etc. provision), for "or the Treasury" there is inserted ",the Treasury or the National Assembly for Wales".

(3) In subsection (2), for "or they think" there is substituted ",they or it thinks".

(4) In subsection (3) (instruments subject to negative resolution), in paragraph (a) (exceptions), after "11(3)," there is inserted "22B(3)(a),".

(5) After subsection (3) there is inserted—

"(4) Any power of the National Assembly for Wales under this Act to make orders or regulations shall be exercisable by statutory instrument."'.