S.C.A.
Amendment Paper as at
Tuesday 11th February 2003
STANDING COMMITTEE A
LOCAL GOVERNMENT BILL
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
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
103
Clause 68, page 33, line 35, at end insert—
'(4A) Paragraph 7(8) ceases to have effect.'.
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
157
Clause 72, page 35, line 7, leave out '21' and insert '28'.
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
158
Clause 72, page 35, line 23, at end insert—
'(6) For the purposes of sub-paragraph 5A(2) above—
| (a) | where a valuation officer serves a notice under this section this will comply with guidance to be published by the Secretary of State for the purposes of this section; and |
| (b) | before publishing any such guidance the Secretary of State shall consult with such persons or organisations as appear to him to be relevant.'. |
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
159
Clause 72, page 35, line 36, leave out 'may' and insert 'shall'.
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
160
Clause 72, page 35, line 44, at end insert—
'(7) Where an appeal made under this paragraph is withdrawn a valuation officer may mitigate or repeal any penalty made under paragraph 5A above if satisfied on either or both of the grounds specified in sub-paragraph (6) above.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
193
Clause 75, page 37, line 32, after 'but', insert—
| '(a) | not more than once in any period of four years; and |
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
194
Clause 75, page 37, line 33, after 'year', insert—
'( ) A billing authority shall not make a determination under this section unless it has published a notice of its intention to do so in any newspaper circulating in its area at least 28 days before making a determination; and taken reasonable steps to send a notice of its intention to such households affected.'.
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
165
Clause 75, page 37, line 39, at end add—
'(8) If a Billing Authority makes a determination under this section it shall be disregarded for the purposes of distributing Revenue Support Grant to receiving authorities under section 78 of the Local Government Finance Act 1988.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
195
Clause 76, page 38, line 8, leave out 'in relation to particular cases or'.
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
161
Clause 77, page 38, line 21, leave out 'tenth' and insert 'fifth'.
Mr Nick Raynsford
122
Clause 77, page 38, line 27, leave out 'by statutory instrument'.
Mr Nick Raynsford
123
Clause 77, page 38, line 33, leave out 'valuation' and insert 'listing'.
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
162
Clause 77, page 39, line 2, at end insert—
'(8A) Where a list is compiled under subsection (3) above, a Billing Authority shall provide an estimated council tax Bill no later than 31st October in the year preceding the coming into effect of the list.'.
Patrick Hall
148
Clause 78, page 39, line 12, at end add 'and introduce sub-national variation between bands'.
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
163
Clause 78, page 39, line 18, at end insert—
'(4B) 'Any order made under this section may apply to a Billing Authority or any number of Billing Authorities.'.
Patrick Hall
Mr Edward Davey
Dr John Pugh
Sue Doughty
147
Clause 78, page 39, line 18, at end add—
'(4B) The power under section (4)(a) above includes power to make provision for different proportions for different areas of England and Wales.
(4C) The power under section (4)(b) above includes power to make provision for different valuation bands for different areas of England and Wales.'.
David Davis
Mr Eric Pickles
Mr Geoffrey Clifton-Brown
Mr Philip Hammond
Mr Desmond Swayne
164
Clause 79, page 39, line 41, at end insert—
| '(d) | make provision for any scheme made under subsection (1) above to only apply for the two financial years following the compilation of a new list.'. |
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
Mr Andrew Turner
170
Clause 87, page 43, line 9, at beginning insert 'Subject to subsection (5)'.
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.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
Mr Andrew Turner
170A
Clause 87, page 43, line 29, at end insert—
'(5) The appropriate person shall pay to each local housing authority required to have a strategy a grant equivalent to the cost of preparing that strategy.'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
Mr Andrew Turner
171
Clause 89, page 44, line 21, leave out 'determine' and insert 'order'.
David Davis
Mr Eric Pickles
Mr Philip Hammond
Mr Geoffrey Clifton-Brown
Mr Desmond Swayne
Mr Andrew Turner
171A
Clause 89, page 45, line 17, at end insert—
'(1B) An order made under this section in England shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Mr Edward Davey
Dr John Pugh
Sue Doughty
Mr Paul Marsden
166
Clause 90, page 46, line 16, at end insert—
'(6) The Secretary of State or the National Assembly for Wales shall keep for each financial year an account (to be called a negative housing subsidy account).
| (a) | The Secretary of State or the National Assembly for Wales shall keep each account in such form as the Treasury may direct, and |
| (b) | The Secretary of State or the National Assembly for Wales shall at such time as the Treasury may direct send copies of each account to the Comptroller and Auditor General. |
(7) The Comptroller and Auditor General shall examine, certify and report on any account sent to him under sub-paragraph (2) above and shall lay copies of the account and his report before each House of Parliament or in the case of Wales before the National Assembly for Wales.
(8) For each financial year the following shall be credited to the account kept for the year—
| (a) | sums received by the appropriate person in the year under subsection (1)(b) above. |
(9) For each financial year the following shall be debited to the account kept for the year—
| (a) | payments made by the Secretary of State, or in the case of Wales—the National Assembly for Wales, in the year under paragraph 11 below. |
(10) Before a financial year begins the Secretary of State, or in the case of Wales the National Assembly for Wales, shall estimate—
| (a) | the aggregate of the items of account that will be credited to the account kept for the year; and |
| (b) | the aggregate of the items of account that will be debited to the account kept for the year under paragraph. |
(11) The Secretary of State or the National Assembly for Wales shall make payments to the housing revenue accounts of local authorities.
(12) The aggregate of the payments made under subsection (11) above shall not be less than the estimate made by the Secretary of State or the National Assembly for Wales under subsection (10)(a) above.
(13) The Secretary of State or the National Assembly for Wales shall determine a scheme for the payments to local authorities—
| (a) | the scheme shall take account of the need for investment in the housing owned by that authority. |
(14) In this section "local authority" means—
| (a) | in relation to England— |
| (ii) | a county council that is the council for a county in which there are no district councils, |
| (iii) | a London borough council, |
| (iv) | the Common Council of the City of London, or |
| (v) | the Council of the Isles of Scilly. |
| (b) | in relation to Wales, a county council or a county borough council.'. |
