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