Localism Bill

House of Commons

Session 2010 - 11
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Localism Bill

Localism Bill (Volume I)
Part 4 — Community empowerment
Chapter 2 — Council tax
47

accordance with proper practices, other than income which it
estimates will accrue to it in respect of any precept issued by it,
and
(b)
the amount of the financial reserves which the authority
estimates that it will use in order to provide for the items
5
mentioned in paragraphs (a) and (b) of subsection (2) above.
(4)
If the aggregate calculated under subsection (2) above exceeds that
calculated under subsection (3) above, the authority must calculate the
amount equal to the difference; and the amount so calculated is to be its
council tax requirement for the year.
10
(5)
For the purposes of subsection (2)(c) above an authority’s estimated
future expenditure is—
(a)
that which the authority estimates it will incur in the financial
year following the year in question, will charge to a revenue
account for the year in accordance with proper practices and
15
will have to defray in the year before the following sums are
sufficiently available, namely, sums—
(i)
which will be payable to it for the year, and
(ii)
in respect of which amounts will be credited to a
revenue account for the year in accordance with proper
20
practices, and
(b)
that which the authority estimates it will incur in the financial
year referred to in paragraph (a) above or any subsequent
financial year in performing its functions and which will be
charged to a revenue account for that or any other year in
25
accordance with proper practices.
(6)
This section is subject to section 52ZV below (which requires a direction
to a local precepting authority that the referendum provisions in
Chapter 4ZA are not to apply to the authority for a financial year to
state the amount of the authority’s council tax requirement for the
30
year).
49B
Substitute calculations
(1)
A local precepting authority which has made calculations in
accordance with section 49A above in relation to a financial year
(originally or by way of substitute) may make calculations in
35
substitution in relation to the year in accordance with that section.
(2)
None of the substitute calculations are to have any effect if the amount
calculated under section 49A(4) above would exceed that so calculated
in the previous calculations.
(3)
Subsection (2) above does not apply if the previous calculation under
40
subsection (4) of section 49A above has been quashed because of a
failure to comply with that section in making the calculation.”
64
Council tax: minor and consequential amendments
Schedule 7 (council tax: minor and consequential amendments) has effect.

Localism Bill (Volume I)
Part 4 — Community empowerment
Chapter 3 — Community right to challenge
48

65
Council tax revaluations in Wales
(1)
The Local Government Finance Act 1992 is amended as follows.
(2)
In section 22B(3) (new Welsh valuation lists to be prepared on earlier of tenth
anniversary of compilation of previous list and 1 April in such year as may be
specified by the Welsh Ministers) for the words from “the earlier” to the end
5
substitute “1 April in each year specified by order made by the Welsh
Ministers.”
(3)
In section 22B (compilation and maintenance of new valuation lists) after
subsection (11) insert—
“(12)
No order under subsection (3) may be made unless a draft of the
10
statutory instrument containing it has been laid before, and approved
by a resolution of, the National Assembly for Wales.”
(4)
In section 113(1) and (2) (orders and regulations may make differential and
incidental etc provision) for “National Assembly for Wales” substitute “Welsh
Ministers”.
15
(5)
In section 113(2) for “, they or it thinks” substitute “or they think”.
(6)
In section 113(4) (power of National Assembly for Wales to make orders or
regulations is exercisable by statutory instrument) for “National Assembly for
Wales” substitute “Welsh Ministers”.
Chapter 3
20
Community right to challenge
66
Duty to consider expression of interest
(1)
A relevant authority must consider an expression of interest in accordance
with this Chapter if—
(a)
it is submitted to the authority by a relevant body, and
25
(b)
it is made in writing and complies with such other requirements for
expressions of interest as the Secretary of State may specify by
regulations.

This is subject to section 67 (timing of expressions of interest).
(2)
In this Chapter “relevant authority” means—
30
(a)
a county council in England,
(b)
a district council,
(c)
a London borough council, or
(d)
such other person or body carrying on functions of a public nature as
the Secretary of State may specify by regulations.
35
(3)
In this Chapter “expression of interest”, in relation to a relevant authority,
means an expression of interest in providing or assisting in providing a
relevant service on behalf of the authority.
(4)
In this Chapter “relevant service”, in relation to a relevant authority, means a
service provided by or on behalf of that authority in the exercise of any of its
40
functions, other than a service of a kind specified in regulations made by the
Secretary of State.

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Part 4 — Community empowerment
Chapter 3 — Community right to challenge
49

(5)
In this Chapter “relevant body” means—
(a)
a voluntary or community body,
(b)
a body of persons or a trust which is established for charitable purposes
only,
(c)
a parish council,
5
(d)
in relation to a relevant authority, two or more employees of that
authority, or
(e)
such other person or body as may be specified by the Secretary of State
by regulations.
(6)
For the purposes of subsection (5) “voluntary body” means a body, other than
10
a public or local authority, the activities of which are not carried on for profit.
(7)
The fact that a body’s activities generate a surplus does not prevent it from
being a voluntary body for the purposes of subsection (5) so long as that
surplus is used for the purposes of those activities or invested in the
community.
15
(8)
For the purposes of subsection (5) “community body” means a body that
carries on activities primarily for the benefit of the community.
(9)
The Secretary of State may by regulations—
(a)
amend or repeal any of paragraphs (a) to (d) of subsection (5);
(b)
amend or repeal any of subsections (6) to (8);
20
(c)
make other amendments to this Chapter (including amendments to any
power to make regulations) in consequence of provision made under
subsection (2)(d) or (5)(e) or paragraph (a) or (b) of this subsection.
67
Timing of expressions of interest
(1)
Subject as follows, a relevant body may submit an expression of interest to a
25
relevant authority at any time.
(2)
A relevant authority may specify periods during which expressions of interest,
or expressions of interest in respect of a particular relevant service, may be
submitted to the authority.
(3)
The relevant authority must publish details of each specification under
30
subsection (2) in such manner as it thinks fit (which must include publication
on the authority’s website).
(4)
The relevant authority may refuse to consider an expression of interest
submitted outside a period specified under subsection (2).
(5)
The Secretary of State may by regulations specify minimum periods that may
35
be specified by relevant authorities under subsection (2).
68
Consideration of expression of interest
(1)
The relevant authority must—
(a)
accept the expression of interest, or
(b)
reject the expression of interest.
40

This is subject to section 69(1) (modification of expression of interest).

Localism Bill (Volume I)
Part 4 — Community empowerment
Chapter 3 — Community right to challenge
50

(2)
If the relevant authority accepts the expression of interest it must carry out a
procurement exercise relating to the provision on behalf of the authority of the
relevant service to which the expression of interest relates.
(3)
The exercise required by subsection (2) must be such as is appropriate having
regard to the value and nature of the contract that may be awarded as a result
5
of the exercise.
(4)
The Secretary of State may by regulations specify—
(a)
the minimum period that must elapse between the date of the relevant
authority’s decision to accept an expression of interest and the date on
which it begins the exercise referred to in subsection (2), and
10
(b)
the maximum period that may elapse between those dates.
(5)
A relevant authority must, in considering an expression of interest, consider
whether acceptance of the expression of interest would promote or improve
the social, economic or environmental well-being of the authority’s area.
(6)
A relevant authority must, in carrying out the exercise referred to in subsection
15
(2), consider how it might promote or improve the social, economic or
environmental well-being of the authority’s area by means of that exercise.
(7)
Subsection (6) applies only so far as is consistent with the law applying to the
awarding of contracts for the provision on behalf of the authority of the
relevant service in question.
20
(8)
The relevant authority may reject the expression of interest only on one or
more grounds specified by the Secretary of State by regulations.
69
Consideration of expression of interest: further provisions
(1)
A relevant authority that is considering an expression of interest from a
relevant body may modify the expression of interest.
25
(2)
A relevant authority may exercise the power in subsection (1) only if—
(a)
the authority thinks that the expression of interest would not otherwise
be capable of acceptance, and
(b)
the relevant body agrees to the modification.
(3)
A relevant authority must make a decision in respect of an expression of
30
interest within such time as may be specified by the Secretary of State by
regulations.
(4)
The relevant authority must—
(a)
notify the relevant body in writing of the decision within such time as
may be specified by the Secretary of State by regulations, and
35
(b)
if the authority’s decision is to modify or reject the expression of
interest, give reasons for that decision in the notification.
(5)
The relevant authority must publish the notification in such manner as it thinks
fit (which must include publication on the authority’s website).
(6)
A relevant body may withdraw an expression of interest after submitting it to
40
a relevant authority (whether before or after a decision has been made by the
authority in respect of the expression of interest).
(7)
The withdrawal of an expression of interest, or the refusal of a relevant body to
agree to modification of an expression of interest, does not prevent the relevant

Localism Bill (Volume I)
Part 4 — Community empowerment
Chapter 4 — Assets of community value
51

authority from proceeding as described in section 68(2) if the relevant
authority thinks that it is appropriate to do so.
70
Supplementary
(1)
The Secretary of State may by regulations make further provision about the
consideration by a relevant authority of an expression of interest submitted by
5
a relevant body.
(2)
A relevant authority must, in exercising its functions under or by virtue of this
Chapter, have regard to guidance issued by the Secretary of State.
Chapter 4
Assets of community value
10
List of assets of community value
71
List of assets of community value
(1)
A local authority must maintain a list of land in its area that is land of
community value.
(2)
The list maintained under subsection (1) by a local authority is to be known as
15
its list of assets of community value.
(3)
Where land is included in a local authority’s list of assets of community value,
the entry for that land is to be removed from the list with effect from the end of
the period of 5 years beginning with the date of that entry (unless the entry has
been removed with effect from some earlier time in accordance with provision
20
in regulations under subsection (5)).
(4)
The appropriate authority may by order amend subsection (3) for the purpose
of substituting, for the period specified in that subsection for the time being,
some other period.
(5)
The appropriate authority may by regulations make further provision in
25
relation to a local authority’s list of assets of community value, including (in
particular) provision about—
(a)
the form in which the list is to be kept;
(b)
contents of an entry in the list (including matters not to be included in
an entry);
30
(c)
modification of an entry in the list;
(d)
removal of an entry from the list;
(e)
cases where land is to be included in the list and—
(i)
different parts of the land are in different ownership or
occupation, or
35
(ii)
there are multiple estates or interests in the land or any part or
parts of it;
(f)
combination of the list with the local authority’s list of land nominated
by unsuccessful community nominations.

Localism Bill (Volume I)
Part 4 — Community empowerment
Chapter 4 — Assets of community value
52

(6)
Subject to any provision made by or under this Chapter, it is for a local
authority to decide the form and contents of its list of assets of community
value.
72
Land of community value
(1)
For the purposes of this Chapter, whether or not a building or other land is
5
land of community value is to be determined in accordance with regulations
made by the appropriate authority.
(2)
Regulations under subsection (1) may (in particular)—
(a)
provide that a building or other land is land of community value, or
that a building or other land is not land of community value, if the
10
building or other land is specified in the regulations or is of a
description specified in the regulations;
(b)
provide that a building or other land in a local authority’s area is land
of community value, or that a building or other land in a local
authority’s area is not land of community value, if the local authority
15
or some other person specified in the regulations considers that the
building or other land is of a description specified in the regulations;
(c)
make provision as to matters that are, or as to matters that are not, to be
taken into account by a local authority or other person when deciding
whether land is of community value.
20
(3)
A description specified under subsection (2) may be framed by reference to
such matters as the appropriate authority considers appropriate.
(4)
In relation to any land, those matters include (in particular)—
(a)
the owner of any estate or interest in any of the land or in other land;
(b)
any occupier of any of the land or of other land;
25
(c)
the nature of any estate or interest in any of the land or in other land;
(d)
any use to which any of the land or other land has been, is being or
could be put;
(e)
statutory provisions, or things done under statutory provisions, that
have effect (or do not have effect) in relation to—
30
(i)
any of the land or other land, or
(ii)
any of the matters within paragraphs (a) to (d);
(f)
any price, or value for any purpose, of any of the land or other land.
(5)
In this section—
“legislation” means—
35
(a)
an Act, or
(b)
a Measure or Act of the National Assembly for Wales;
“statutory provision” means a provision of—
(a)
legislation, or
(b)
an instrument made under legislation.
40
73
Procedure for including land in list
(1)
Land in a local authority’s area which is of community value may be included
by a local authority in its list of assets of community value—
(a)
in response to a community nomination, or
(b)
where permitted by regulations made by the appropriate authority.
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Localism Bill (Volume I)
Part 4 — Community empowerment
Chapter 4 — Assets of community value
53

(2)
For the purposes of this Chapter “community nomination”, in relation to a
local authority, means a nomination which—
(a)
nominates land in the local authority’s area for inclusion in the local
authority’s list of assets of community value, and
(b)
is made—
5
(i)
by a parish council in respect of land in England in the parish
council’s area,
(ii)
by a community council in respect of land in Wales in the
community council’s area, or
(iii)
by a person specified, or of a description specified, in
10
regulations made by the appropriate authority.
(3)
Regulations under subsection (1)(b) may (in particular) permit land to be
included in a local authority’s list of assets of community value—
(a)
in response to a nomination other than a community nomination;
(b)
by the local authority acting on its own initiative.
15
(4)
The appropriate authority may by regulations make provision as to—
(a)
the contents of community nominations;
(b)
the contents of any other nominations which, as a result of regulations
under subsection (1)(b), may give rise to land being included in a local
authority’s list of assets of community value.
20
(5)
The appropriate authority may by regulations make provision for, or in
connection with, the procedure to be followed where a local authority is
considering whether land should be included in its list of assets of community
value.
74
Procedure on community nominations
25
(1)
This section applies if a local authority receives a community nomination.
(2)
The authority must consider the nomination.
(3)
The authority must accept the nomination if the land nominated—
(a)
is in the authority’s area, and
(b)
is of community value.
30
(4)
If the authority is required by subsection (3) to accept the nomination, the
authority must cause the land to be included in the authority’s list of assets of
community value.
(5)
The nomination is unsuccessful if subsection (3) does not require the authority
to accept the nomination.
35
(6)
If the nomination is unsuccessful, the authority must give, to the person who
made the nomination, the authority’s written reasons for its decision that the
land could not be included in its list of assets of community value.
75
Notice of inclusion or removal
(1)
Subsection (2) applies where land—
40
(a)
is included in, or
(b)
removed from,

a local authority’s list of assets of community value.