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LORDS AMENDMENTS TO THE

LOCAL GOVERNMENT BILL

[The page and line refer to HL Bill 43 as first printed for the Lords.]

Clause 3

1

Page 2, line 36, at end insert—

 

     “( )       The power under subsection (7) is not to be read as limited to the

 

specification of an existing document.”

Clause 8

2

Page 4, line 30, leave out subsection (4)

Clause 11

3

Page 5, line 32, leave out paragraph (b)

Clause 15

4

Page 7, line 7, at end insert—

 

     “( )       The power under subsection (1)(b) is not to be read as limited to the

 

specification of existing guidance.”

Clause 21

5

Page 9, line 28, at end insert—

 

     “( )       The power under subsection (2)(b) is not to be read as limited to the

 

identification of an existing document.”

Before Clause 25

6

Insert the following new Clause—

 
 
Bill 15753/2

 
 

    (  2  )

 
 

“Application of provisions of this Part

 

The provisions of this Part may only be applied to those local authorities

 

that have been identified by the Audit Commission as at risk of

 

overspending their total budget by more than 10 per cent.”

Clause 31

7

Page 14, line 25, after “authority” insert “in England”

8

Page 14, line 26, at end insert—

 

     “( )       A Minister of the Crown, or the National Assembly for Wales, may pay a

 

grant to a local authority in Wales towards expenditure incurred or to be

 

incurred by it.”

9

Page 14, line 28, leave out “Minister of the Crown concerned” and insert “person

 

paying it”

10

Page 14, line 29, leave out “Minister of the Crown concerned” and insert “person

 

paying it”

Clause 32

11

Leave out Clause 32

Clause 34

12

Leave out Clause 34

Clause 49

13

Page 21, line 21, leave out subsection (5)

Clause 56

14

Page 24, line 6, at end insert—

 

     “(7)       No regulations under subsection (4) shall be made by the Secretary of State

 

unless a draft of the statutory instrument containing the regulations

 

(whether containing them alone or with other provisions) has been laid

 

before, and approved by a resolution of, each House of Parliament.”

Clause 57

15

Page 24, line 23, at end insert—

 

     “(3A)       No regulations under subsection (1) which include provision of the kind

 

mentioned in subsection (2)(b) shall be made by the Secretary of State

 

unless a draft of the statutory instrument containing the regulations

 

(whether containing them alone or with other provisions) has been laid

 

before, and approved by a resolution of, each House of Parliament.”

Clause 58

16

Page 24, line 32, at end insert—


 
 

    (  3  )

 
 

     “(3)       No regulations under subsection (1) which include provision amending an

 

Act shall be made by the Secretary of State unless a draft of the statutory

 

instrument containing the regulations (whether containing them alone or

 

with other provisions) has been laid before, and approved by a resolution

 

of, each House of Parliament.”

Clause 60

17

Page 24, line 36, leave out from beginning to “to” in line 37 and insert—

 

     “( )       Sections 56(7), 57(3A) and 58(3) do not apply in relation to Wales.

 

     ( )       In their application in relation to Wales—

 

           (a)                         the remaining provisions of this Part have effect as if for each

 

reference in those provisions”

After Clause 65

18

Insert the following new Clause—

 

“Relief for registered community amateur sports clubs

 

     (1)    In section 43 of the 1988 Act (occupied hereditaments: liability), in

 

subsection (6) (calculation of chargeable amount where ratepayer is a

 

charity and hereditament is occupied for charitable purposes)—

 

           (a)           the words after “on the day concerned” become paragraph (a) of

 

that subsection, and

 

           (b)           after that paragraph there is inserted “, or

 

                        (b)                           the ratepayer is a registered club for the purposes of

 

Schedule 18 to the Finance Act 2002 (community

 

amateur sports clubs) and the hereditament is

 

wholly or mainly used—

 

                               (i)                              for the purposes of that club, or

 

                               (ii)                             for the purposes of that club and of other

 

such registered clubs.”

 

     (2)    In section 45 of the 1988 Act (unoccupied hereditaments: liability), in

 

subsection (6) (calculation of chargeable amount where ratepayer is a

 

charity and hereditament will next be used for charitable purposes)—

 

           (a)           the words after “on the day concerned” become paragraph (a) of

 

that subsection, and

 

           (b)           after that paragraph there is inserted “, or

 

                        (b)                           the ratepayer is a registered club for the purposes of

 

Schedule 18 to the Finance Act 2002 (community

 

amateur sports clubs) and it appears that when the

 

hereditament is next in use—

 

                               (i)                              it will be wholly or mainly used for the

 

purposes of that club, and that club will be

 

such a registered club, or

 

                               (ii)                             it will be wholly or mainly used for the

 

purposes of two or more clubs including that


 
 

    (  4  )

 
 

club, and each of those clubs will be such a

 

registered club.”

 

     (3)    In section 47(2) of the 1988 Act (first condition for discretionary relief), after

 

paragraph (b) there is inserted—

 

                  “(ba)                    the ratepayer is a registered club for the purposes of

 

Schedule 18 to the Finance Act 2002 (community amateur

 

sports clubs), and the hereditament is not an excepted

 

hereditament and is wholly or mainly used—

 

                        (i)                        for the purposes of that club, or

 

                        (ii)                       for the purposes of that club and of other such

 

registered clubs;”.

 

     (4)    In section 48 of the 1988 Act (discretionary relief: supplementary), after

 

subsection (2) there is inserted—

 

           “(2A)              A hereditament not in use shall be treated as wholly or mainly used

 

for the purposes of a club that is a registered club for the purposes

 

of Schedule 18 to the Finance Act 2002 (community amateur sports

 

clubs) if it appears that when next in use it will be wholly or mainly

 

used for the purposes of a club that is then, or two or more clubs

 

each of which is then, such a registered club.”

 

     (5)    In section 67 of the 1988 Act (interpretation of Part 3 of that Act), after

 

subsection (10) there is inserted—

 

           “(10A)              The times at which a club is a registered club for the purposes of

 

Schedule 18 to the Finance Act 2002 (community amateur sports

 

clubs)—

 

                  (a)                 shall, where it is registered with retrospective effect, be

 

taken to have included those within the period beginning

 

with the date with effect from which it is registered and

 

ending with its registration; but

 

                  (b)                 shall, where its registration is terminated with retrospective

 

effect, be taken not to have included those within the period

 

beginning with the date with effect from which its

 

registration is terminated and ending with the termination

 

of its registration.””

Clause 66

19

Page 32, line 15, leave out “be the same as or different from” and insert “subject to

 

subsection (10A) below, be less than, but not greater than”

20

Page 32, line 39, leave out subsection (10) and insert—

 

     “( )       In making regulations under this section the Secretary of State shall have

 

regard to the object of securing (so far as practicable) that the aggregate

 

amount payable to him and all billing authorities by way of non-domestic

 

rates as regards a relevant period is the same as the aggregate amount

 

which would be so payable apart from the regulations.

 

     (10A)       For the purposes of subsection (10) above, the Secretary of State shall

 

estimate the difference between—

 

           (a)           the aggregate amount which would apart from the regulations, all

 

billing authorities by way of non-domestic rates as regards a

 

relevant period, and


 
 

    (  5  )

 
 

           (b)           the aggregate amount which will be payable having regard to rules

 

prescribed under subsection (4) above,

 

            and any shortfall in aggregate amount shall be recovered by applying a

 

surcharge of the non-domestic rating multiplier for each relevant financial

 

year.”

Clause 76

21

Page 40, line 9, at end insert—

 

     “(2)       For section 12 of that Act (discounts: special provision for Wales) there is

 

substituted—

 

       “12            Discounts: special provision for Wales

 

           (1)           The National Assembly for Wales may for any financial year by

 

regulations prescribe one or more classes of dwelling in Wales for

 

the purposes of subsection (3) or (4) below.

 

           (2)           A class of dwellings may be prescribed under subsection (1) above

 

by reference to such factors as the Assembly sees fit and may, in

 

particular, be prescribed by reference to—

 

                  (a)                 the physical characteristics of dwellings, or

 

                  (b)                 the fact that dwellings are unoccupied.

 

           (3)           For any financial year for which a class of dwellings is prescribed

 

for the purposes of this subsection, a billing authority in Wales may

 

by determination provide in relation to all dwellings of that class in

 

its area, or in such part of its area as it may specify in the

 

determination, that the discount under section 11(2)(a) shall be such

 

lesser percentage of at least 10 as it may so specify.

 

           (4)           For any financial year for which a class of dwellings is prescribed

 

for the purposes of this subsection, a billing authority in Wales may

 

by determination provide in relation to all dwellings of that class in

 

its area, or in such part of its area as it may specify in the

 

determination—

 

                  (a)                 that the discount under section 11(2)(a) above shall not

 

apply, or

 

                  (b)                 that the discount under that provision shall be such lesser

 

percentage as it may so specify.

 

           (5)           A billing authority may make a determination varying or revoking

 

a determination under subsection (3) or (4) for a financial year, but

 

only before the beginning of the year.

 

           (6)           A billing authority which makes a determination under this section

 

shall publish a notice of it in at least one newspaper circulating in

 

its area and do so before the end of the period of 21 days beginning

 

with the date of the determination.

 

           (7)           Failure to comply with subsection (6) above shall not affect the

 

validity of a determination.”

 

     (3)       Where immediately before the day on which subsection (2) comes into

 

force regulations under section 12(1) of that Act are in force which apply in

 

relation to a financial year beginning on or after that day, the regulations,


 
 

    (  6  )

 
 

so far as relating to such a financial year, shall on and after that day have

 

effect as if—

 

           (a)           they were made under section 12(1) of that Act as substituted by

 

this section, and

 

           (b)           each class of dwellings which they prescribe were prescribed for the

 

purposes of section 12(4) of that Act as so substituted.

 

     (4)       Where immediately before that day a determination under section 12(1) of

 

that Act is in force which applies in relation to a financial year beginning

 

on or after that day, the determination, so far as relating to such a financial

 

year, shall on and after that day have effect as if made under section 12(4)

 

of that Act, as substituted by this section, in relation to the whole of the area

 

of the authority which made the determination.

 

     (5)       In its application by virtue of subsection (4), a determination under section

 

12(1) of that Act shall have effect—

 

           (a)           if it provided for section 12(2) of that Act to have effect in

 

substitution for section 11(2)(a) of that Act, as if it provided for the

 

discount under that provision to be twenty-five per cent.;

 

           (b)           if it provided for section 12(3) of that Act to have effect in

 

substitution for section 11(2)(a) of that Act, as if it provided for the

 

discount under that provision not to apply.”

Clause 92

22

Page 49, line 20, leave out from first “of” to end of line 21 and insert “sections 74 to

 

76 and 78 of, and Schedule 4 to, this Act;”

Clause 98

23

Page 52, line 40, after “made)” insert “, other than section 94(2) or 96(2),”

24

Page 53, line 2, after “enactment” insert “(whenever passed or made)”

25

Page 53, line 28, after “the” insert “statutory instrument containing the”

Clause 117

26

Page 70, line 47, at end insert—

 

     “( )       In conducting a poll under this section, a local authority must have regard

 

to any guidance issued by the appropriate person on facilitating

 

participation in a poll under this section by such of those polled as are

 

disabled people.”

After Clause 117

27

Insert the following new Clause—

 

“Generally accepted accounting practice: power to amend enactments

 

     (1)    The appropriate person may by order amend or repeal an enactment

 

relating to a local authority if he considers it appropriate to do so in the


 
 

    (  7  )

 
 

light of generally accepted accounting practice as it applies to local

 

government.

 

     (2)    It does not matter for the purposes of subsection (1) whether the enactment

 

itself relates to the accounts of a local authority.

 

     (3)    No order under this section shall be made by the Secretary of State unless

 

a draft of the statutory instrument containing the order has been laid

 

before, and approved by a resolution of, each House of Parliament.

 

     (4)    In this section—

 

                    “enactment” includes an enactment contained in this Act or any Act

 

passed after this Act;

 

                    “local authority” means—

 

                  (a)                 a body which is a local authority for the purposes of Part 1,

 

or

 

                  (b)                 a parish council, a community council or charter trustees.”

After Clause 119

28

Insert the following new Clause—

 

“Regulation of cosmetic piercing and skin-colouring businesses

 

     (1)    Section 15 of the Local Government (Miscellaneous Provisions) Act 1982

 

(c. 30) (regulation of tattooing, ear-piercing and electrolysis businesses) is

 

amended as follows.

 

     (2)    In subsection (1) (requirement for person carrying on business to be

 

registered), for paragraph (b) (ear-piercing) there is substituted—

 

                  “(aa)                    of semi-permanent skin-colouring;

 

                  (b)                    of cosmetic piercing; or”

 

            (and in the side-note for “ear-piercing” there is substituted “semi-

 

permanent skin-colouring, cosmetic piercing”).

 

     (3)    In subsection (2) (requirement to register premises where business carried

 

on)—

 

           (a)           for “ear-piercing” there is substituted “semi-permanent skin-

 

colouring, cosmetic piercing”, and

 

           (b)           for “pierce their ears” there is substituted “carry out semi-

 

permanent skin-colouring on them, pierce their bodies”.

 

     (4)    In subsection (5) (local authority may not require particulars about

 

individuals whose ears have been pierced etc.), for “or whose ears he has

 

pierced” there is substituted “, whose bodies he has pierced or on whom he

 

has carried out semi-permanent skin-colouring”.

 

     (5)    After subsection (8) there is inserted—

 

           “(9)              In this section “semi-permanent skin-colouring” means the

 

insertion of semi-permanent colouring into a person’s skin.”

 

     (6)    Schedule (Section (Regulation of cosmetic piercing and skin-colouring

 

businesses): transition) (which makes provision about transition) has effect.”


 
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