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

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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.'.


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.'.


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.".'.


Special responsibility allowances

   

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

NC15

To move the following Clause:—

       '. Section 18 of the Local Government and Housing Act 1989 (Schemes for basic, attendance and special responsibility allowances for local authority members) is amended as follows—

       In subsection (1)(c), for the words "any such member who has" there are substituted the words "not more than one-quarter of the members of the authority, provided that they each have.".'.


Public bodies (access to meetings)

   

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

NC16

To move the following Clause:—

       '. In the Local Government Act 1972, after section 100J, there is inserted the following new section—

       "Application of Part VA to other bodies

      .—(1) The provisions of this Part apply to any body which receives more than 50 per cent. of its total revenue from one or more principal councils.

      (2) In calculating the proportion of a body's total revenue which is received from a principal council for the purposes of this section, any payments received for the provision of goods and services on a commercial basis shall not be counted as revenue received from a principal council.".'.


Provision of services by parish councils

   

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

NC17

To move the following Clause:—

    '.—(1)   This section applies to a service or amenity which, within the same local government area, is provided in some areas by a parish council and in other areas by the local authority (a "relevant service").

    (2)   The accounts of a local authority by whom expenditure is incurred on a relevant service shall include a separate account of that expenditure.

    (3)   The Secretary of State shall make regulations requiring a local authority by whom expenditure is incurred on a relevant service to calculate a different rate of council tax for parish council areas where the relevant service is provided by the parish council from the rate calculated in areas where the relevant service is provided by the local authority.

    (4)   Regulations made under subsection (3) above shall require the level of council tax in areas where the relevant service is provided by the parish council to be less than the level in areas in which the relevant service is provided by the local authority, such that the difference between the aggregate amount of council tax charged in the different areas is equivalent to the cost to the local authority of providing the relevant service.

    (5)   Regulations made under subsection (3) above shall make provision for cases in which more than one relevant service is provided by the same local authority, and for cases in which a relevant service is provided by a local authority only in some of the areas in which it is not provided by a parish council.

    (6)   Regulations shall not be made under subsection (3) above until a draft of them has been laid before, and approved by a resolution of, each House of Parliament.

    (7)   In this section—

      (a) "local government area" means a county, Greater London, a district, or a London borough; and

      (b) "relevant service" includes any service or amenity which may be provided by a parish council under any enactment or instrument including, but not confined to—

      (i) the Local Government Act 1894,

      (ii) the Parish Councils Act 1957, and

      (iii) Part III of the Local Government and Rating Act 1997.

 
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Prepared 13 Feb 2003