|
| |
| |
“(4A) Sub-paragraph (4) above does not apply to a calculation made by | |
the National Assembly for Wales for a financial year beginning in | |
or after 2004. | |
(4B) A calculation made by the Assembly under this paragraph for a | |
financial year beginning in or after 2004 is invalid unless one or | 5 |
both of the following conditions is fulfulled— | |
(a) it is made after the Assembly has published the local | |
government finance report for the year or, where the | |
Assembly is publishing two local government finance | |
reports for the year, it is made after the Assembly has | 10 |
published both of those reports; | |
(b) it is made on or after 1 March in the preceding financial | |
year.” | |
(4) In paragraph 9 (special authority’s non-domestic rating multiplier) in sub- | |
paragraph (4), in the definition of A, after “year” there is inserted “so far as | 15 |
relating to England”. | |
(5) In paragraph 10 (substituted multiplier), for sub-paragraph (1) there is | |
substituted— | |
“(1) Where a special authority has set multipliers for a financial year | |
(whether originally or by way of substitute) it may set multipliers | 20 |
in substitution if, and only if, they have been quashed.” | |
(6) In paragraphs 10(2) and 11(1), after “9” there is inserted “or 9A”. | |
26 (1) Schedule 8 (non-domestic rating: pooling) is amended as follows. | |
(2) In paragraph 2(2) (debits to the non-domestic rating account), in paragraph | |
(a), after “(14) below” there is inserted “, under regulations made for the | 25 |
purpose mentioned in paragraph 4(7) below”. | |
(3) In paragraph 4(3) (contributions by special authorities), for paragraph (a) | |
there is substituted— | |
“(a) the authority’s non-domestic rating multiplier and | |
small business non-domestic rating multiplier for the | 30 |
year were equal respectively to the non-domestic | |
rating multiplier and the small business non- | |
domestic rating multiplier for the year, so far as | |
relating to England, determined in accordance with | |
Part 1 of Schedule 7 above, and”. | 35 |
27 In Schedule 11 (valuation tribunals)— | |
(a) in paragraph 1 (power to make regulations for establishment of | |
tribunals), in sub-paragraph (2) (provision which the regulations | |
may include), for the words from “in relation to” to the end there is | |
substituted— | 40 |
“(a) so far as relating to England, in relation to | |
membership, procedure and other matters relating | |
to tribunals, except staff, accommodation and | |
equipment, and | |
(b) so far as relating to Wales, in relation to | 45 |
membership, staff, accommodation, equipment, | |
procedure and other matters relating to tribunals.”; | |
(b) in paragraph 6(1) (staff), after “paragraph 1 above” there is inserted | |
“, so far as relating to Wales,”; | |
| |
| |
|
| |
| |
(c) in paragraph 7(1) (accommodation and equipment), after | |
“paragraph 1 above” there is inserted “, so far as relating to Wales,”. | |
Local Government and Housing Act 1989 (c. 42) | |
28 The Local Government and Housing Act 1989 is amended as follows. | |
29 Part 4 (revenue accounts and capital finance of local authorities) ceases to | 5 |
have effect. | |
30 (1) Section 70 (requirements for companies under control or subject to influence | |
of local authorities) is amended as follows. | |
(2) In subsection (2), for “the provisions for the time being made by order under | |
subsection (1) above” there is substituted “any provisions made by order | 10 |
under subsection (1) above which are for the time being applicable to it”. | |
(3) In subsection (3)— | |
(a) for “local authorities” there is substituted “a local authority”, and | |
(b) for “any” there is substituted “the”. | |
(4) In subsection (4), for the words from “every” to “prescribed” there is | 15 |
substituted “a local authority to comply with any requirements for the time | |
being applicable to it”. | |
31 For the second sentence of section 80A(4) (overpaid Housing Revenue | |
Account subsidy may be recovered by withholding or reducing subsidy) | |
there is substituted— | 20 |
“(4A) Without prejudice to other methods of recovery, a sum recoverable | |
under subsection (4) above may— | |
(a) be recovered by withholding or reducing subsidy, and | |
(b) if the sum is referable to housing benefit in respect of houses | |
or other property within the authority’s Housing Revenue | 25 |
Account, be recovered by withholding or reducing rent | |
rebate subsidy under Part 8 of the Social Security | |
Administration Act 1992.” | |
32 In section 88(1)(d) (construction of references in Part 6 to “proper practices”), | |
for “section 66(4) above” there is substituted “section 21 of the Local | 30 |
Government Act 2003”. | |
33 (1) Schedule 4 (keeping of the Housing Revenue Account) is amended as | |
follows. | |
(2) In Part 1 (credits to the Account), item 5 (housing benefit transfers) is | |
omitted. | 35 |
(3) In that Part, for item 9 (sums directed by Secretary of State) there is | |
substituted— | |
“Item 9: sums directed by Secretary of State or National Assembly for Wales | |
Any sums which for the year the authority is required, by reason | |
of a direction given by the appropriate person, to carry to the | 40 |
credit of the account from some other revenue account of theirs. | |
A direction under this item may require the transfer of sums | |
calculated in accordance with formulae specified in the direction, | |
and any formula so specified may include variables framed (in | |
| |
| |
|
| |
| |
whatever way the appropriate person considers appropriate) by | |
reference to such matters as the appropriate person thinks fit.” | |
(4) In Part 2 (debits to the Account), item 4 (rent rebates) is omitted. | |
(5) In that Part, after item 9 there is inserted— | |
“Item 10: sums directed by Secretary of State or National Assembly for Wales | 5 |
Any sums which for the year the authority is required, by reason | |
of a direction given by the appropriate person, to carry from the | |
account to the credit of some other revenue account of theirs. | |
A direction under this item may require the transfer of sums | |
calculated in accordance with formulae specified in the direction, | 10 |
and any formula so specified may include variables framed (in | |
whatever way the appropriate person considers appropriate) by | |
reference to such matters as the appropriate person thinks fit. | |
In giving a direction under this item, the appropriate person may | |
(in particular) take into account the effect of such a direction on— | 15 |
(a) other revenue accounts in the authority’s relevant fund, | |
(b) the amounts of council tax falling to be set by the authority | |
under section 30 of the Local Government Finance Act | |
1992, and | |
(c) the authority’s budget requirement under section 32(4) of | 20 |
that Act. | |
In this item the reference to the authority’s “relevant fund” is— | |
(a) in relation to England, to the authority’s general fund | |
within the meaning of section 91(2) of the Local | |
Government Finance Act 1988, and | 25 |
(b) in relation to Wales, to the authority’s council fund within | |
the meaning of section 38(1) of the Local Government | |
(Wales) Act 1994.” | |
Social Security Administration Act 1992 (c. 5) | |
34 The Social Security Administration Act 1992 is amended as follows. | 30 |
35 (1) In section 134(2) (forms that may be taken by the rent rebates and allowances | |
referred to since 1st April 1997 in subsections (1A) and (1B) instead of | |
subsection (1)), for “subsection (1)” substitute “subsections (1A) and (1B)”. | |
(2) Sub-paragraph (1) shall be deemed to have come into force on 1st April 1997. | |
36 In section 140B (calculation of rent rebate subsidy, rent allowance subsidy | 35 |
and council tax benefit subsidy), the following are omitted— | |
(a) the second sentence of subsection (2) (Housing Revenue Account | |
rebates paid by housing authority in England and Wales not relevant | |
benefit for purpose of determining amount of subsidy), and | |
(b) subsection (7) (section not to be taken as implying that additions and | 40 |
deductions may not be determined by reference to certain matters). | |
37 In section 140C (payment of subsidy), after subsection (1) there is inserted— | |
| |
| |
|
| |
| |
“(1A) Conditions under subsection (1) above may (in particular) be | |
imposed to obtain information for the purposes of the carrying-out | |
by the Secretary of State of any of his functions relating to subsidy.” | |
38 In section 140D (rent rebate subsidy: accounting provisions), the following | |
are omitted— | 5 |
(a) subsection (1)(c) (accounting for rent rebate subsidy by development | |
corporation in England and Wales), and | |
(b) subsection (2) (treatment of Housing Revenue Account rebates). | |
39 In section 140G (interpretation of Part 8), in the definition of “Housing | |
Revenue Account”, paragraph (b) (definition of Housing Revenue Account | 10 |
rebate) is omitted. | |
Local Government Finance Act 1992 (c. 14) | |
40 The Local Government Finance Act 1992 is amended as follows. | |
41 In section 11(2) (discounts), for “section 12” there is substituted “sections | |
11A and 12”. | 15 |
42 (1) In section 17 (completion of new dwellings), in subsection (4) (which defines | |
the date to be taken as the completion date)— | |
(a) in paragraph (a), for “an appeal” there is substituted “no appeal”, | |
and | |
(b) in paragraph (b), for “no appeal” there is substituted “an appeal”. | 20 |
(2) This paragraph has effect in relation to any completion notice under | |
Schedule 4A to the Local Government Finance Act 1988 (c. 41) (new | |
buildings: completions days), as applied by section 17 of the Local | |
Government Finance Act 1992 (c. 14), which— | |
(a) is served on or after the day on which this paragraph comes into | 25 |
force, or | |
(b) becomes the subject of such an appeal on or after the day on which | |
this paragraph comes into force. | |
43 In section 21 (valuations for purposes of lists), in subsection (2) (basis of | |
valuations), for “1st April 1991” there is substituted “the appropriate date” | 30 |
and after that subsection there is inserted— | |
“(2A) For the purposes of subsection (2) above, the appropriate date is— | |
(a) in relation to a list under section 22, 1st April 1991, and | |
(b) in relation to a list under section 22B, the later of— | |
(i) two years before the date on which the list falls to be | 35 |
compiled, and | |
(ii) such date, if any, within that two year period as may | |
be specified by regulations. | |
(2B) The power to make regulations under subsection (2A)(b)(ii) is | |
exercisable— | 40 |
(a) in relation to a list to be compiled for a billing authority in | |
England, by the Secretary of State, and | |
(b) in relation to a list to be compiled for a billing authority in | |
Wales, by the National Assembly for Wales.” | |
| |
| |
|
| |
| |
44 In section 22(2) (when valuation list comes into force), for the words from | |
“and” to the end there is substituted “, shall come into force on that day and | |
shall remain in force until a new list for the authority is compiled under | |
section 22B below”. | |
45 In section 24 (alteration of lists), in subsection (9)(b), for “or 22A(10)” there is | 5 |
substituted “, 22A(10) or 22B(10)”. | |
46 Section 25 (compilation and maintenance of new lists) ceases to have effect. | |
47 In section 28 (information about lists)— | |
(a) in subsection (2)(a), for “or 22A(10)” there is substituted “, 22A(10) or | |
22B(10)”, and | 10 |
(b) in subsection (3)(a), after “22(6)” there is inserted “or 22B(8)”. | |
48 In section 66(2) (matters subject only to judicial review), in paragraph (b) | |
(determinations), after “8(2)” there is inserted “, 11A”. | |
49 In section 67 (functions to be discharged only by the authority), in subsection | |
(2)(a) (making of determination), after “8(2)” there is inserted “, 11A”. | 15 |
50 (1) Section 69 (interpretation of Part 1) is amended as follows. | |
(2) In subsection (1), the definition of “revenue support grant” is omitted. | |
(3) After subsection (2) there is inserted— | |
“(2A) In this Part, any reference to expenditure incurred by a billing | |
authority, major precepting authority or local precepting authority | 20 |
in any financial year includes the following (whether or not giving | |
rise to actual payments)— | |
(a) any amount which does not form part of the authority’s | |
capital receipts for the purposes of Chapter 1 of Part 1 of the | |
Local Government Act 2003 (capital finance) and which is set | 25 |
aside for the year by the authority as provision to meet credit | |
liabilities; and | |
(b) any other amount which is set aside for the year by the | |
authority as reasonably necessary for the purpose of | |
providing for any liability or loss which is likely or certain to | 30 |
be incurred but is uncertain as to the amount or the date on | |
which it will arise (or both).” | |
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. | 35 |
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),”. | 40 |
(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.” | |
52 (1) Schedule 2 (administration) is amended as follows. | 45 |
| |
| |
|
| |
| |
(2) In paragraph 8 (exempt dwellings etc.)— | |
(a) in sub-paragraph (1), after “22(5)(b)” there is inserted “, 22B(7)”, and | |
(b) in sub-paragraphs (2) and (3)— | |
(i) after “22(5)(b)” there is inserted “, 22B(7)”, and | |
(ii) after “22(7)”, in both places, there is inserted “, 22B(9)”. | 5 |
(3) At the end there is inserted— | |
“21 (1) This paragraph applies where a billing authority exercises the | |
power under section 13A(1) above by determining a class of case | |
in which liability is to be reduced. | |
(2) Where the determination provides for liability to be reduced to nil, | 10 |
any dwelling in relation to which the reduction applies shall be | |
treated for the purposes of this Schedule as an exempt dwelling. | |
(3) Where the determination provides for liability to be reduced | |
otherwise than to nil, any amount in relation to which the | |
reduction applies shall be treated for the purposes of this Schedule | 15 |
as subject to a discount equal to the amount of the reduction.” | |
53 In Schedule 4 (enforcement), at the end there is inserted— | |
“Interpretation | |
20 In this Schedule, except paragraph 6, “prescribed” means | |
prescribed by regulations made— | 20 |
(a) in relation to England, by the Secretary of State, and | |
(b) in relation to Wales, by the National Assembly for Wales.” | |
Local Government (Wales) Act 1994 (c. 19) | |
54 In section 51 of the Local Government (Wales) Act 1994 (control of disposals | |
and contracts), in subsection (2), in the definition of “capital contract”, for | 25 |
“for capital purposes” there is substituted “which is capital expenditure for | |
the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 | |
(capital finance)”. | |
Deregulation and Contracting Out Act 1994 (c. 40) | |
55 In section 71(3) of the Deregulation and Contracting Out Act 1994 (certain | 30 |
functions not excluded by section 71(1)(c)), after paragraph (e) there is | |
inserted— | |
“(ea) section 50 of the Local Government Act 2003 (administration | |
etc of BID levy) if the function corresponds to any function | |
falling within paragraph (e) above,”. | 35 |
Housing Act 1996 (c. 52) | |
56 (1) In section 122(4) of the Housing Act 1996 (which makes provision about the | |
determination of rent allowance subsidy under section 140B of the Social | |
Security Administration Act 1992 (c. 5))— | |
(a) in paragraph (b) (which refers to subsection (2) of section 140B), for | 40 |
“that subsection” there is substituted “subsection (4) or (5) of that | |
section”, and | |
| |
| |
|
| |
| |
(b) in paragraph (c) (which refers to subsection (4) of section 140B), for | |
“(4)” there is substituted “(5)(b)”. | |
(2) Sub-paragraph (1) shall be deemed to have come into force on 1st July 1997. | |
Justices of the Peace Act 1997 (c. 25) | |
57 The Justices of the Peace Act 1997 is amended as follows. | 5 |
58 In section 67 (justices not disqualified by reason of liability to local | |
taxation)— | |
(a) after paragraph (a) there is inserted— | |
“(aa) BID levy (within the meaning of Part 4 of the Local | |
Government Act 2003),”, and | 10 |
(b) for “any charge, tax or rate falling within paragraphs (b)” there is | |
substituted “any levy, charge, tax or rate falling within paragraphs | |
(aa)”. | |
59 In section 72(1) (interpretation) for the definition of “capital expenditure” | |
there is substituted— | 15 |
““capital expenditure” means expenditure which is capital expenditure | |
for the purposes of Chapter 1 of Part 1 of the Local Government | |
Act 2003 (capital finance);”. | |
Local Government (Contracts) Act 1997 (c. 65) | |
60 In section 1(3) of the Local Government (Contracts) Act 1997 (local | 20 |
authorities for the purposes of the Act), in paragraph (a), for “Part IV of the | |
Local Government and Housing Act 1989” there is substituted “Chapter 1 of | |
Part 1 of the Local Government Act 2003 (capital finance)”. | |
Audit Commission Act 1998 (c. 18) | |
61 In Schedule 1 to the Audit Commission Act 1998 (which makes provision | 25 |
about the Commission’s financial affairs)— | |
(a) in paragraph 9(6), for “March” there is substituted “June”; | |
(b) in paragraph 11(3), for “31st March” there is substituted “30th June”. | |
Government of Wales Act 1998 (c. 38) | |
62 In section 81 of the Government of Wales Act 1998 (statement of estimated | 30 |
payments), for subsection (2) there is substituted— | |
“(2) The statement shall also include such other information as the | |
Secretary of State considers appropriate.” | |
Greater London Authority Act 1999 (c. 29) | |
63 The Greater London Authority Act 1999 is amended as follows. | 35 |
64 In section 85 (calculation by Greater London Authority of budget | |
requirements), for subsection (9) there is substituted— | |
| |
| |
|
