Business Rate Supplements Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Business Rate Supplements Bill

Business Rate Supplements Bill
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(7)
A reference to sums that a billing authority collects in respect of a BRS includes
a reference to financial contributions made to it for the purpose of enabling the
project to which the BRS relates to be carried out.
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Accounting
Schedule 2 (accounting) has effect.
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Intervention by appropriate national authority
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Power to cancel a BRS
(1)
This section applies if the appropriate national authority thinks that a levying
authority has, in relation to a BRS imposed by it, acted in a way that is
materially inconsistent with information provided by it.
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(2)
The information referred to in subsection (1) includes information provided—
(a)
in the final prospectus for the BRS;
(b)
in a document published for the purposes of section 10(2)(d) about a
proposal to vary the BRS;
(c)
in the course of consultation on the proposal for the imposition of the
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BRS or on a proposal to vary the BRS;
(d)
in connection with the holding of a ballot on the imposition of the BRS
or on a proposal to vary the BRS.
(3)
The appropriate national authority—
(a)
may direct the levying authority to cancel the imposition of the BRS,
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(b)
may direct the levying authority to refund the sums received by it in respect of
the BRS or, where the levying authority is not a billing authority, direct it to
return to a billing authority that is a lower-tier authority in relation to it sums
transferred to it by the billing authority,
(c)
may direct a billing authority that is a lower-tier authority in relation to the
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levying authority to refund the sums collected by it in respect of the BRS but
not transferred to the levying authority,
(d)
may direct a functional body to transfer to the Greater London Authority sums
received by the body in respect of the BRS but not used by it, and
(e)
may take such other steps as the appropriate national authority thinks
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appropriate.
(4)
Where the appropriate national authority gives a direction to a billing
authority which is not a levying authority, the appropriate national authority
may direct the levying authority to meet the expenses incurred by the billing
authority in complying with the direction.
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(5)
The appropriate national authority may, in connection with the exercise or
proposed exercise of a power under this section, require—
(a)
the levying authority,
(b)
a billing authority that is a lower-tier authority in relation to it, or
(c)
a functional body,
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to provide such information relating to a BRS as the appropriate national
authority may specify.
(6)
A levying authority, a billing authority or a functional body must comply with
a direction given to it, or a requirement imposed on it, under this section.

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(7)
Section 21(3) does not apply where the imposition of a BRS comes to an end as
a result of this section.
Supplementary
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Provision of information
(1)
A levying authority may require a billing authority which is a lower-tier
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authority in relation to it to provide it with—
(a)
the address and rateable value of each hereditament shown in the local
non-domestic rating list maintained for the billing authority;
(b)
the name and address of each person who, as regards a hereditament
shown in the list, is subject to a non-domestic rate under section 43 or
10
45 of the 1988 Act;
(c)
such other information for the purposes of this Act as the levying
authority may specify.
(2)
A billing authority must comply with a requirement imposed on it under this
section.
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(3)
A requirement under this section—
(a)
must be in writing, and
(b)
must be accompanied by such fee (if any) as the billing authority may
charge for complying with the requirement.
(4)
A levying authority—
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(a)
may not use information provided to it under this section except in so
far as is necessary for the purposes of this Act, and
(b)
may not disclose the information (except in accordance with an
enactment, in pursuance of an order of a court or with the consent of
any person to whom the information relates).
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Guidance
(1)
In carrying out functions imposed by or by virtue of this Act, a levying
authority must have regard to such guidance as the appropriate national
authority may give.
(2)
Guidance given under this section may, in particular, relate to—
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(a)
the kinds of projects which may, and may not, be regarded as
appropriate ones in relation to which to impose BRSs;
(b)
the carrying out by a levying authority of an assessment for the
purposes of paragraph 5 of Schedule 1;
(c)
the discharge of the duty imposed by section 3(1) (in particular, its
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discharge in a case within section 27);
(d)
expenditure which may, and may not, be regarded as an appropriate
use for money raised from the imposition of a BRS;
(e)
the contents of an initial or final prospectus or a document required to
be published for the purposes of section 10(2)(a) or (d) (in particular,
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the level of detail to provide);
(f)
the holding of a ballot on the imposition of a BRS or on a proposal to
vary a BRS.

Business Rate Supplements Bill
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Special introductory provision
(1)
The chargeable period of a BRS must not begin before 1 April 2010.
(2)
A levying authority may impose a BRS for the purpose of raising money for
expenditure on a project beginning before the commencement of section 1 only
if—
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(a)
the levying authority’s area is in England, and
(b)
the chargeable period of the BRS begins on or before 1 April 2012.
(3)
Any guidance given by the Secretary of State in anticipation of the passing of
this Act or the commencement of a provision of this Act (“pre-commencement
guidance”) may be relied on—
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(a)
for the purpose of imposing a BRS in reliance on subsection (2), and
(b)
in the case of a BRS imposed in reliance on that subsection.
(4)
Pre-commencement guidance is to be treated as given by the Secretary of State
under section 26.
(5)
Anything done in anticipation of the passing of this Act or the commencement
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of a provision of this Act is, in so far as it is done in reliance on and in
accordance with pre-commencement guidance, to be treated as done in
accordance with this Act.
(6)
The Secretary of State may by regulations make provision about—
(a)
the exercise by the Greater London Authority of the power to impose a
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BRS in reliance on subsection (2);
(b)
the operation of this Act in relation to a BRS imposed by the Authority
in reliance on that subsection.
(7)
The regulations may, in particular—
(a)
confer or impose a function (which may include the exercise of a
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discretion) on the Greater London Authority, a lower-tier authority in
relation to it or a functional body;
(b)
disapply a provision of this Act;
(c)
apply a provision of this Act with modifications.
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Power to make consequential provision
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(1)
The Secretary of State may by regulations make supplementary, incidental or
consequential provision—
(a)
for the general purposes, or any particular purpose, of this Act, or
(b)
in consequence of, or for giving full effect to, a provision made by or
under this Act.
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(2)
Regulations under this section may, in particular—
(a)
amend or repeal, or apply with modifications, a provision of an Act
(including this Act and any Act passed before, or in the same Session
as, this Act);
(b)
amend or revoke, or apply with modifications, a provision of
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subordinate legislation made before the passing of this Act.
(3)
The power conferred by this section is also exercisable by the Welsh Ministers
in so far as it is exercisable in relation to matters with respect to which functions
are exercisable by the Welsh Ministers.

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(4)
The amendments or modifications that may be made by virtue of subsection (2)
are in addition to those made by or by virtue of any other provision of this Act.
(5)
“Subordinate legislation” has the same meaning as in the Interpretation Act
1978 (c. 30).
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Regulations etc.
5
(1)
The power to make regulations under this Act is (subject to section 28)
exercisable by the appropriate national authority.
(2)
Regulations and any commencement order under this Act must be made by
statutory instrument.
(3)
Regulations and any commencement order under this Act—
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(a)
may make provision which applies generally or only for specified cases
or which applies subject to specified exceptions;
(b)
may make different provision for different cases or different areas;
(c)
may make incidental, supplementary, consequential, transitional,
transitory or saving provision.
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(4)
A statutory instrument containing (whether alone or with other provision)
regulations mentioned in subsection (5) may not be made unless—
(a)
in the case of regulations made by the Secretary of State, a draft of the
instrument has been laid before, and approved by a resolution of, each
House of Parliament;
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(b)
in the case of regulations made by the Welsh Ministers, a draft of the
instrument has been laid before, and approved by a resolution of, the
National Assembly for Wales.
(5)
The regulations are—
(a)
regulations under section 3(4) (power to vary etc. matters for which
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money raised from the imposition of a BRS may not be used);
(b)
regulations under section 5(5) (power to vary etc. descriptions of
information for inclusion in an initial or final prospectus);
(c)
regulations under section 15(4) (power to vary etc. conditions to be met
in relation to rules for the application of a BRS relief);
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(d)
regulations under section 21 which include provision within section
22(2) (power to amend section 90 of the 1988 Act);
(e)
regulations under subsection (6) of section 27 which include provision
within subsection (7)(b) or (c) of that section (special introductory
provision);
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(f)
regulations under section 28 which include provision within subsection
(2)(a) of that section (power to make consequential amendments etc. to
primary legislation).
(6)
A statutory instrument containing regulations under this Act, other than
regulations mentioned in subsection (5), is subject to annulment in pursuance
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of—
(a)
in the case of regulations made by the Secretary of State, a resolution of
either House of Parliament;
(b)
in the case of regulations made by the Welsh Ministers, a resolution of
the National Assembly for Wales.
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(7)
“Commencement order” means an order under section 32(2).