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Amendment Paper as at
Wednesday 5th March 2003

CONSIDERATION OF BILL


New Amendments handed in are marked thus *

LOCAL GOVERNMENT BILL, AS AMENDED

NOTE

The Amendments have been arranged in accordance with the Order of the House [25th February].

NEW CLAUSES OTHER THAN NEW CLAUSES RELATING
TO CHAPTER 1 OF PART 8

Local retention of rates

   

Mr Secretary Prescott

NC10

To move the following Clause:—

    '(1)   In Schedule 8 to the 1988 Act (non-domestic rating: pooling), in paragraph 4 (rules for calculating authorities' non-domestic rating contributions), before sub-paragraph (5) there is inserted—

 "(4A) The rules may include provision for such deductions as the maker of the rules thinks fit for the purpose of enabling an authority to retain part, or all, of so much of the total payable to it in respect of the year under sections 43 and 45 above as exceeds an amount determined for the authority by or under the rules.

(4B) Sub-paragraph (4A) above shall not apply in the case of a special authority.

(4C) Sub-paragraph (2) above shall have effect subject to sub-paragraph (4A) above.

(4D) The consent of the Treasury is required to the inclusion in regulations under this paragraph of provision under sub-paragraph (4A) above relating to England."

    (2)   In paragraph 5(6) of that Schedule (contribution to be calculated after end of year and certified by Audit Commission)—

(a) before the word "and" at the end of paragraph (b) there is inserted—

"(ba)   if it is an authority in England notify to the Secretary of State, and if it is an authority in Wales notify to the National Assembly for Wales, the amount of any deduction that in accordance with provision under paragraph 4(4A) above is made in calculating the amount mentioned in paragraph (a) above," and

(b) in paragraph (c), for "and the amount" there is substituted ", and the amount or amounts notifiable under paragraphs (b) and (ba) above,".

    (3)   In paragraph 5(6A) of that Schedule (Audit Commission to send copy of certification to Secretary of State or National Assembly for Wales), after "the amount" there is inserted "or amounts".

    (4)   In section 99 of the 1988 Act (regulations about English billing authorities' collection and general funds), after subsection (3) there is inserted—

    "(3A)   The Secretary of State may by regulations make provision—

(a) for the sharing among a billing authority and major precepting authorities, in accordance with prescribed rules, of an amount equal to all or part of any deduction that, in accordance with provision under paragraph 4(4A) of Schedule 8 below, falls to be made in calculating the billing authority's non-domestic rating contribution for a financial year;

(b) for requiring a billing authority to inform, within a prescribed period, any major precepting authorities of any amount that falls to be shared under provision under paragraph (a) above and of the effect of the rules governing its sharing;

(c) as to the manner in which any payments which fall to be made by a billing authority by virtue of any provision under paragraph (a) above must be made;

(d) as to the period within which, or time or times at which, any such payments or instalments of such payments must be made; and

(e) as to the recovery (by deduction or otherwise) of any excess amount paid by a billing authority in purported discharge of any liability arising by virtue of any provision under paragraph (a) above.

    (3B)   The rules that may be prescribed under paragraph (a) of subsection (3) above include (in particular) rules that require a billing authority, when making an estimate under that paragraph, to disregard amounts that fall to be shared under provision under subsection (3A)(a) above."

    (5)   In section 97 of the 1988 Act (English billing authorities: principal transfers between funds), after subsection (4) there is inserted—

    "(4A)   Where in accordance with regulations under section 99(3A) below a billing authority is required to share any amount, it shall transfer from its collection fund to its general fund so much of that amount as, in accordance with the regulations, it calculates to be its share."

    (6)   In section 99(1)(b) of the 1988 Act (regulations about liabilities of English billing authority under section 97(1) or (3) to transfer sums from its collection fund), for "or (3)" there is substituted ", (3) or (4A)".

    (7)   In section 38 of the Local Government (Wales) Act 1994 (c.19) (council funds for principal councils in Wales), after subsection (9) there is inserted—

    "(9A)   The National Assembly for Wales may by regulations make provision for the sharing among a new principal council and major precepting authorities, in accordance with rules specified in the regulations, of an amount equal to all or part of any deduction that, in accordance with provision under paragraph 4(4A) of Schedule 8 to the Local Government Finance Act 1988 (local retention of rates), falls to be made in calculating the council's non-domestic rating contribution for a financial year."

    (8)   In subsection (10) of that section (provision that may be included in regulations under subsection (9))—

(a) for "The regulations" there is substituted "Regulations under subsection (9) or (9A)", and

(b) in each of paragraphs (d) and (e), after "the liability mentioned in subsection (9)" there is inserted "or any liability arising under subsection (9A)".

    (9)   In that section, after subsection (11) there is inserted—

    "(12)   In subsection (9A) "major precepting authority" has the meaning given by section 39(1) of the Local Government Finance Act 1992.".'.


Standards committees and monitoring officers: delegation

   

Mr Secretary Prescott

NC14

To move the following Clause:—

    '(1)   In Chapter 1 of Part 3 of the Local Government Act 2000 (c.22) (conduct of local government members), after section 54 there is inserted—

    "54ASub-committees of standards committees    (1)   A standards committee of a relevant authority may appoint one or more sub-committees for the purpose of discharging any of the committee's functions, whether or not to the exclusion of the committee.

    (2)   Subsection (1) does not apply to functions under section 55 or 56.

    (3)   A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed.

    (4)   As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority in England or of a police authority in Wales—

(a) regulations under section 53(6)(a) and (c) to (g) may make provision in relation to such sub-committees, and

(b) sections 53(7), (8) and (10) and 54(4) and (6) apply in relation to such sub-committees as they apply in relation to standards committees.

    (5)   As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority in Wales other than a police authority—

(a) regulations under section 53(11) may make provision in relation to such sub-committees, and

(b) section 54(5) and (7) apply in relation to such sub-committees as they apply in relation to standards committees.

    (6)   Subject to any provision made by regulations under section 53(6)(a) or (11)(a) (as applied by this section)—

(a) the number of members of a sub-committee under subsection (1), and

(b) the term of office of those members,

are to be fixed by the standards committee by which the sub-committee is appointed."

    (2)   In Chapter 5 of that Part (conduct in local government: supplementary), after section 82 there is inserted—

"Delegation by monitoring officers

    82AMonitoring officers: delegation of functions under Part 3    (1)   This section applies to functions of a monitoring officer of a relevant authority in relation to matters referred to him under section 60(2), 64(2), 70(4) or 71(2).

    (2)   Where the monitoring officer considers that in a particular case he himself ought not to perform particular functions to which this section applies, those particular functions shall in that case be performed personally by a person nominated for the purpose by the monitoring officer.

    (3)   Where a deputy nominated by the monitoring officer under section 5(7) of the Local Government and Housing Act 1989 (nomination of member of monitoring officer's staff to act as deputy when monitoring officer absent or ill) considers that in a particular case he himself ought not to perform particular functions—

(a) to which this section applies, and

(b) which, by reason of the absence or illness of the monitoring officer, would but for this subsection fall to be performed by the deputy,

those particular functions shall, while the monitoring officer continues to be unable to act by reason of absence or illness, be performed in that case personally by a person nominated for the purpose by the deputy.

    (4)   Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is an officer of the relevant authority, the authority shall provide the officer with such staff, accommodation and other resources as are, in the officer's opinion, sufficient to allow those functions to be performed.

    (5)   Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is not an officer of the relevant authority, the authority shall—

(a) pay the person a reasonable fee for performing the functions,

(b) reimburse expenses properly incurred by the person in performing the functions, but only to the extent that the amount of the expenses is reasonable, and

(c) provide the person with such staff, accommodation and other resources as are reasonably necessary for the person's performance of the functions."

    (3)   In section 5 of the Local Government and Housing Act 1989 (c.42) (designation etc. of monitoring officers), after subsection (7) there is inserted—

    "(7A)   Subsection (7) above shall have effect subject to section 82A of the Local Government Act 2000 (monitoring officers: delegation of functions under Part 3 of that Act).".'.



 
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