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| | given up to and including |
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| | Business Rate Supplements Bill
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| | To move the following Clause:— |
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| | | ‘(1) | Where a levying authority imposes a BRS it shall set up a body corporate called |
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| | | the Project Delivery Board (in this Act referred to to as “the Board”) to oversee |
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| | | delivery of the project to be funded by the BRS. |
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| | | (2) | Schedule [Project Delivery Board] is about the Board.’. |
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| | | BIDs: supplementary provisions |
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| To move the following Clause:— |
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| | | ‘(1) | The 2003 Act is amended as follows. |
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| | | (2) | After section 41 insert— |
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| | | “41A | Additional arrangements where business rate supplement imposed |
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| | | (1) | In any business improvement district where a business rate supplement |
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| | | under the Business Rate Supplements Act 2009 has been imposed, a |
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| | | property owner BID levy may be imposed on the owners of a non- |
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| | | domestic property, or a class of such owners, in the district. |
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| | | (2) | A non-domestic ratepayer who is liable to pay the BID levy on a |
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| | | hereditament is not liable for a property owner BID levy on that |
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| | | heriditament, and may not take part in a property owner ballot in respect |
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| | | (3) | In section 46(1) (description of non-domestic ratepayers liable for BID levy to be |
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| | | specified) insert at end “, and, where applicable, the description of property |
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| | | owners who are to be liable.”. |
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| | | (4) | In section 49 (BID proposals) after subsection (2) insert— |
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| | | “(3) | A levy on property owners may come into force only where it is approved |
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| | | by a ballot of the property owners in the proposed business improvement |
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| | | district who are liable for the proposed property owner BID levy.”. |
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| | | (5) | In section 50 (approval in ballot) after subsection (6) insert— |
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| | | “(7) | A property owner BID levy is not be to regarded as approved by a ballot |
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| | | held for the purposes of section 49(3) unless the two conditions set out in |
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| | | subsections (2) to (6) are satisfied.”. |
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| | | (6) | In section 55(2) (regulations about ballots)— |
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| | | (a) | in paragraph (b) after “ratepayers”, insert “and property owners”, and |
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| | | (b) | after paragraph (h) insert— |
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| | | “(i) | enabling the billing authority to construct a list of all |
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| | | property owners in the BID area for the purposes of |
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| | | holding a property owner ballot and billing.”.’. |
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| | | Page 1, line 17 [Clause 2], leave out paragraphs (b) to (d). |
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| | Page 1, line 20 [Clause 2], after ‘Wales’, insert ‘, and |
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| | | (e) | the National Assembly for Wales.’. |
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| | | Page 2, line 1 [Clause 2], leave out subsections (2) and (3). |
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| | | Page 2, line 44 [Clause 3], leave out paragraph (b). |
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| | | Page 3, line 29 [Clause 5], leave out subsection (2). |
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| | | Page 3, line 36 [Clause 5], leave out subsection (4). |
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| | Page 4, line 31 [Clause 6], at end insert— |
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| | | ‘(9) | If ten per cent. of persons liable to pay a BRS as specified in section 11 make |
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| | | representations objecting in principle to the project outlined in the initial |
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| | | prospectus to the relevant levying authority, the levying authority shall be obliged |
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| | | to hold a ballot on the final prospectus. |
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| | | (10) | The imposition of the BRS is approved by ballot if— |
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| | | (a) | a majority of the persons voting in the ballot have voted in favour of the |
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| | | imposition of the BRS, and |
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| | | (11) | For the purposes of subsection (10)(b)— |
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| | | “A” is the amount specified in the initial prospectus as the amount the |
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| | | authority expects to raise from the imposition of the BRS, and |
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| | | “B” is the amount specified in the initial prospectus as the amount the |
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| | | authority estimates as the total cost of the project to which the BRS |
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| | | (12) | Representations under subsection (9) must be submitted to the relevant levying |
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| | | authority in writing within 30 days of the publication of the initial prospectus.’. |
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| | | Page 4, line 32 [Clause 7], leave out from ‘BRS’ to end of line 42 and insert ‘in all |
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| | cases except that of the Crossrail project.’. |
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| | | Page 4, line 36 [Clause 7], at end insert ‘, or |
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| | | (c) | subsection (2A) applies.’. |
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| | | Page 4, line 42 [Clause 7], at end insert— |
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| | | ‘(2A) | This subsection applies if 10 per cent. of the persons who will be liable to pay the |
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| | | BRS have, within 30 days of the publication of the initial prospectus, made |
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| | | representations in writing to the relevant levying authority objecting in principle |
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| | | to the project outlined in the initial prospectus. |
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| | | (2B) | If subsection (2A) applies, there must be a ballot on the final prospectus.’. |
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| | Page 13, line 6, leave out Clause 19. |
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| | | Page 17, line 42 [Clause 28], leave out subsection (3). |
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| | | Page 18, line 21 [Clause 29], leave out paragraph (b). |
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| | | Page 18, line 44 [Clause 29], leave out paragraph (b). |
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| | | Page 19, line 6 [Clause 30], leave out paragraph (b). |
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| | | Page 22, line 16 [Schedule 1], at end insert— |
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| | | ‘11A | A description of the arrangements by which persons paying the BRS shall— |
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| | | (a) | be kept informed of what monies have been raised in pursuance of the |
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| | | BRS and how they have been expended, and |
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| | | (b) | be represented upon the governing body of any organisation set up for |
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| | | the purposes of delivering the objectives of the BRS, or, if such |
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| | | organisation is not to be set up, how such persons are to be involved in |
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| | | the oversight of the delivery of such objectives.’. |
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| | | Page 22, line 36 [Schedule 1], leave out from ‘BRS’ to end of line 37. |
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| | | Page 22, line 40 [Schedule 1], leave out from ‘was,’ to ‘what’ in line 41. |
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| | | Page 23, line 26 [Schedule 2], leave out subparagraph (3). |
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| | To move the following Schedule:— |
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| | | 12 | A Board shall be established at the first instance of an initial prospectus being |
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| | | published for the imposition of an approved BRS. |
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| | | 13 | A Board shall exisit for the period in which the BRS is in existence. |
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| | | 14 | The members of the Board are to be appointed by the relevant levying |
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| | | authority in the following way— |
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| | | (a) | a third are to be representatives from the affected local authority; |
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| | | (b) | a third are to be representatives from the affected local business |
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| | | (c) | the remainder is to be made up of members appointed as thought |
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| | | appropriate by the relevant levying authority. |
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| | | 15 | In appointing members to the Board the levying authority must have regard to |
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| | | the desirability of securing that the Board is able to perform its functions |
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| | | effectively and efficiently. |
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| | | 16 | Where two or more levying authorities are acting jointly by virtue of a BRS the |
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| | | Board shall be established by arrangement between those levying authorities. |
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| | | 17 | The Board’s functions are to be specified by regulations. |
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| | | 18 | Regulations under paragraph 6 must be made by the Secretary of State within |
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| | | 90 days of the commencement of this Act. |
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| | | 19 | Regulations under paragraph 6 may authorise a levying authority to use a |
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| | | prescribed proportion of such sums as it collects or recovers in respect of a |
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| | | BRS to meet expenses incurred by the Board. |
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| | | 20 | Expenses incurred under paragraph 8 may not extend to a salary for any Board |
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| | | Title, line 3, after ‘development;’, insert ‘to make provision about business improvement |
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| | districts in consequence of the imposition of a business rate supplement;’. |
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| | | Order of the House [12 January 2009] |
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| | | That the following provisions shall apply to the Business Rate Supplements Bill: |
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| | | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | | Proceedings in Public Bill Committee |
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| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | | concluded) be brought to a conclusion on Tuesday 3 February 2009. |
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| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | | Consideration and Third Reading |
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| | | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | | brought to a conclusion one hour before the moment of interruption on the |
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| | | day on which those proceedings are commenced. |
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| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | | brought to a conclusion at the moment of interruption on that day. |
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| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | | proceedings on consideration and Third Reading. |
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| | | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | | consideration of Lords Amendments or on any further messages from the |
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| | | Lords) may be programmed. |
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