Localism Bill

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Session 2010 - 11
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Localism Bill

Localism Bill (Volume II)
Schedule 5 — New Chapter 4ZA of Part 1 of the Local Government Finance Act 1992
265

(4)
Any reference in this Chapter to a local precepting authority’s
relevant basic amount of council tax for a financial year is a reference
to the amount found by applying the formula—

where—
R is the amount calculated by the authority under section
49A(4) above as its council tax requirement for the year;
T is the amount which is calculated by the billing authority to
which the authority issues precepts (“the billing authority
concerned”) as its council tax base for the year for its area and
is notified by it to the authority within the prescribed period.
(5)
Where the aggregate calculated by the authority for the year under
subsection (2) of section 49A above does not exceed that so calculated
under subsection (3) of that section, the amount for item R in
subsection (4) above is to be nil.
(6)
The Secretary of State must make regulations containing rules for
making for any year the calculation required by item T in subsection
(4) above; and the billing authority concerned must make the
calculations for any year in accordance with the rules for the time
being effective (as regards the year) under the regulations.
(7)
Regulations prescribing a period for the purposes of item T in
subsection (4) above may provide that, in any case where a billing
authority fails to notify its calculation to the precepting authority
concerned within that period, that item must be determined in the
prescribed manner by such authority or authorities as may be
prescribed.
(8)
In the application of this section any calculation for which another
has been substituted is to be disregarded.
52ZY
Information for purposes of Chapter 4ZA
(1)
The Secretary of State may serve on an authority a notice requiring it
to supply to the Secretary of State such information as is specified in
the notice and required for the purposes of the performance of the
Secretary of State’s functions under this Chapter.
(2)
The authority must supply the information required if it is in its
possession or control, and must do so in such form and manner and
at such time as the Secretary of State specifies in the notice.
(3)
If an authority fails to comply with subsection (2), the Secretary of
State may exercise the Secretary of State’s functions on the basis of
such assumptions and estimates as the Secretary of State thinks fit.
(4)
In exercising those functions, the Secretary of State may also take into
account any other available information, whatever its source and

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Schedule 6 — Council tax referendums: further amendments
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whether or not obtained under a provision contained in or made
under this or any other Act.”
Schedule 6
Section 56

Council tax referendums: further amendments
Local Government Finance Act 1992 (c. 14)
1
The Local Government Finance Act 1992 is amended as follows.
2     (1)
Section 31 (substituted amounts) is amended as follows.
      (2)
In subsection (1) for the “or” at the end of paragraph (a) substitute—
“(aa)
substitute calculations it has made under section 52ZF below
have effect by virtue of section 52ZH or 52ZI below; or”.
      (3)
After subsection (4) insert—
“(4A)
Subject to any provision made by regulations under subsection (6),
where an authority sets amounts in substitution under subsection
(1)(a) above in the circumstances described in section 52ZO(6) or
52ZP(6) or (8) below, it may recover from the local precepting
authority in question administrative expenses incurred by it in, or in
consequence of, so doing.”
      (4)
In subsection (5) at the beginning insert “Subject to any provision made by
regulations under subsection (6),”.
      (5)
After subsection (5) insert—
“(6)
The Secretary of State may by regulations make provision for cases
in which—
(a)
subsection (5) or (6) does not apply, or
(b)
that subsection applies with modifications.”
3
In section 42(1) (substituted precepts) before “52J” insert “52ZU,”.
4
In section 52A (interpretation of Chapter 4A) in each of paragraphs (a) and
(b) after “authority” insert “in Wales”.
5     (1)
Section 52B (power to designate authorities) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Secretary of State’s” substitute “Welsh Ministers’”,
(b)
for “he” substitute “they”, and
(c)
for “his” substitute “their”.
      (3)
In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.
      (4)
In subsection (5)—
(a)
for “Secretary of State determines” substitute “Welsh Ministers
determine”, and
(b)
in paragraph (b) for “Secretary of State” substitute “Welsh Ministers”
and for “his” substitute “their”.

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Schedule 6 — Council tax referendums: further amendments
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      (5)
In subsection (6) for “he does” substitute “they do”.
      (6)
In subsection (7)—
(a)
for “Secretary of State” substitute “Welsh Ministers”, and
(b)
for “he thinks” substitute “they think”.
      (7)
In subsection (8) for “Secretary of State” substitute “Welsh Ministers”.
6     (1)
Section 52C (alternative notional amounts) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Secretary of State” substitute “Welsh Ministers”, and
(b)
for “his” substitute “their”.
      (3)
In subsection (3)—
(a)
in paragraph (c)—
(i)
for “Secretary of State thinks” substitute “Welsh Ministers
think”, and
(ii)
for “him” substitute “them”, and
(b)
in paragraph (d) for “House of Commons” substitute “National
Assembly for Wales”.
      (4)
In subsection (4) for “House of Commons” substitute “National Assembly
for Wales”.
7     (1)
Section 52D (designation or nomination) is amended as follows.
      (2)
In subsection (1) for “Secretary of State’s” substitute “Welsh Ministers’”.
      (3)
In subsection (2) for “he” substitute “they”.
      (4)
In subsection (3) for “Secretary of State” substitute “Welsh Ministers”.
8     (1)
Section 52E (designation) is amended as follows.
      (2)
In subsection (1) for “Secretary of State designates” substitute “Welsh
Ministers designate”.
      (3)
In subsection (2)—
(a)
in the opening words for “He” substitute “They”,
(b)
in paragraph (c) for “he determines” substitute “they determine”,
(c)
in each of paragraphs (d) and (e) for “he proposes” substitute “they
propose”, and
(d)
in paragraph (f) for “he expects” substitute “they expect”.
      (4)
In subsection (5) for “Secretary of State” substitute “Welsh Ministers”.
9     (1)
Section 52F (challenge of maximum amount) is amended as follows.
      (2)
In subsection (1) for “Secretary of State” substitute “Welsh Ministers”.
      (3)
In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.
      (4)
In subsection (3)—
(a)
in paragraph (a) for “Secretary of State” substitute “Welsh
Ministers”, and
(b)
in paragraph (b) for “he thinks” substitute “they think”.
      (5)
In subsection (4)—

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Schedule 6 — Council tax referendums: further amendments
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(a)
for “he proceeds” substitute “they proceed”, and
(b)
for “Secretary of State” substitute “Welsh Ministers”.
      (6)
In subsection (5)—
(a)
in paragraph (a) for “Secretary of State’s” substitute “Welsh
Ministers’”, and
(b)
in paragraph (c) for “Secretary of State” substitute “Welsh Ministers”.
      (7)
Omit subsection (6).
      (8)
In subsection (7)(a) for “House of Commons” substitute “National Assembly
for Wales”.
      (9)
In subsection (8)—
(a)
for “Secretary of State” substitute “Welsh Ministers”, and
(b)
in paragraph (b) for “he alters” substitute “they alter”.
     (10)
In subsection (9)—
(a)
for “he serves” substitute “they serve”, and
(b)
for “Secretary of State” substitute “Welsh Ministers”.
     (11)
In subsection (10) for “Secretary of State” substitute “Welsh Ministers”.
     (12)
In subsection (11)—
(a)
for “Secretary of State proceeds” substitute “Welsh Ministers
proceed”, and
(b)
for “he” substitute “they”.
10    (1)
Section 52G (acceptance of maximum amount) is amended as follows.
      (2)
In subsection (1) for “Secretary of State” substitute “Welsh Ministers”.
      (3)
In subsection (2)—
(a)
for “he receives” substitute “they receive”, and
(b)
for “Secretary of State” substitute “Welsh Ministers”.
      (4)
In subsection (3)—
(a)
for “he serves” substitute “they serve”, and
(b)
for “Secretary of State” substitute “Welsh Ministers”.
11    (1)
Section 52H (no challenge or acceptance) is amended as follows.
      (2)
In subsection (1) for “Secretary of State” substitute “Welsh Ministers”.
      (3)
In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.
      (4)
In subsection (3)(a) for “House of Commons” substitute “National Assembly
for Wales”.
      (5)
In subsection (4) for “Secretary of State” substitute “Welsh Ministers”.
      (6)
In subsection (5)—
(a)
for “he serves” substitute “they serve”, and
(b)
for “Secretary of State” substitute “Welsh Ministers”.
12
In section 52I(5)(a) (duty of designated billing authority) for “general”
substitute “council”.
13    (1)
Section 52J (duty of designated precepting authority) is amended as follows.

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Schedule 6 — Council tax referendums: further amendments
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      (2)
In subsection (1)—
(a)
omit paragraph (a), and
(b)
in paragraph (b) omit “(in any other case)”.
      (3)
Omit subsection (3).
      (4)
Omit subsection (6).
      (5)
Omit subsections (8) to (10).
14    (1)
Section 52K (failure to substitute) is amended as follows.
      (2)
In subsection (1)—
(a)
omit paragraph (a), and
(b)
in paragraph (b) omit “(in any other case)”.
      (3)
For subsection (2) substitute—
“(2)
In the case of a billing authority, the Welsh Ministers may direct the
authority to comply with section 52I.
(2A)
A direction under this section is enforceable, on the application of the
Welsh Ministers, by a mandatory order.”
      (4)
In subsection (4)(b) omit “52I or”.
15    (1)
Section 52L (nomination) is amended as follows.
      (2)
In subsection (1) for “Secretary of State nominates” substitute “Welsh
Ministers nominate”.
      (3)
In subsection (2)—
(a)
in the opening words for “He” substitute “They”,
(b)
in paragraph (c) for “he determines” substitute “they determine”,
and
(c)
in paragraph (d) for “he” in both places substitute “they”.
      (4)
In subsection (4)—
(a)
for “he intends” substitute “they intend”, and
(b)
for “Secretary of State” substitute “Welsh Ministers”.
16    (1)
Section 52M (designation after nomination) is amended as follows.
      (2)
In subsection (1)—
(a)
in the opening words for “Secretary of State” substitute “Welsh
Ministers”,
(b)
in paragraph (a) for “nominates” substitute “nominate”, and
(c)
in paragraph (b) for “decides” substitute “decide”.
      (3)
In subsection (2)—
(a)
in the opening words for “He” substitute “They”,
(b)
in paragraph (b) for “he proposes” substitute “they propose”, and
(c)
in paragraph (c) for “he proposes” substitute “they propose”.
      (4)
In subsection (3)—
(a)
in the opening words for “he” substitute “they”,
(b)
in paragraph (a) for “he” in both places substitute “they”, and
(c)
in paragraph (b) for “he thinks” substitute “they think”.

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      (5)
In subsection (4)—
(a)
in the opening words for “He” substitute “They”,
(b)
in paragraph (e) for “he expects” substitute “they expect”, and
(c)
in paragraph (f) for “Secretary of State” substitute “Welsh Ministers”.
      (6)
In subsection (6) for “Secretary of State” substitute “Welsh Ministers”.
      (7)
In subsection (8) for “Secretary of State” substitute “Welsh Ministers”.
17    (1)
Section 52N (no designation after nomination) is amended as follows.
      (2)
In subsection (1)—
(a)
in the opening words for “Secretary of State” substitute “Welsh
Ministers”,
(b)
in paragraph (a) for “nominates” substitute “nominate”, and
(c)
in paragraph (b) for “decides” substitute “decide”.
      (3)
In subsection (2)—
(a)
for the first “He” substitute “They”, and
(b)
for “he proposes” substitute “they propose”.
      (4)
In subsection (3)—
(a)
in the opening words for “he” substitute “they”,
(b)
in paragraph (a) for “he” in both places substitute “they”, and
(c)
in paragraph (b) for “he thinks” substitute “they think”.
      (5)
In subsection (4) for “He” substitute “They”.
      (6)
In subsection (5) for “Secretary of State” substitute “Welsh Ministers”.
      (7)
In subsection (6)—
(a)
in the opening words for “Secretary of State” substitute “Welsh
Ministers”, and
(b)
in paragraph (a)—
(i)
for “he receives” substitute “they receive”, and
(ii)
for “his” substitute “their”.
18    (1)
Section 52P (designation after previous designation) is amended as follows.
      (2)
In subsection (1)(a) for “Secretary of State designates” substitute “Welsh
Ministers designate”.
      (3)
In subsection (2)—
(a)
in the opening words—
(i)
for the first “He” substitute “They”,
(ii)
for “he does” substitute “they do”, and
(iii)
for the third “he” substitute “they”,
(b)
in paragraph (a) for “he proposes” substitute “they propose”, and
(c)
in paragraph (b) for “he proposes” substitute “they propose”.
      (4)
In subsection (3)—
(a)
in the opening words for “he” substitute “they”, and
(b)
in paragraph (c) for “he thinks” substitute “they think”.
      (5)
In subsection (4)—
(a)
in the opening words for “He” substitute “They”,

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(b)
in paragraph (e) for “he expects” substitute “they expect”, and
(c)
in paragraph (f) for “Secretary of State” substitute “Welsh Ministers”.
      (6)
In subsection (6) for “Secretary of State” substitute “Welsh Ministers”.
      (7)
In subsection (8) for “Secretary of State” substitute “Welsh Ministers”.
      (8)
In subsection (10) for “Secretary of State” substitute “Welsh Ministers”.
19    (1)
Section 52Q (challenge of maximum amount) is amended as follows.
      (2)
In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b)
substitute “Welsh Ministers”.
      (3)
In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.
      (4)
In subsection (3)—
(a)
in paragraph (a) for “Secretary of State” substitute “Welsh
Ministers”, and
(b)
in paragraph (b) for “he thinks” substitute “they think”.
      (5)
In subsection (4)—
(a)
in paragraph (a) for “Secretary of State’s” substitute “Welsh
Ministers’”, and
(b)
in paragraph (c) for “Secretary of State” substitute “Welsh Ministers”.
      (6)
Omit subsection (5).
      (7)
In subsection (6) for “House of Commons” substitute “National Assembly
for Wales”.
      (8)
In subsection (7)—
(a)
for “Secretary of State” substitute “Welsh Ministers”, and
(b)
in paragraph (b) for “he alters” substitute “they alter”.
      (9)
In subsection (8)—
(a)
for “he serves” substitute “they serve”, and
(b)
for “Secretary of State” substitute “Welsh Ministers”.
     (10)
In subsection (9) for “Secretary of State” substitute “Welsh Ministers”.
20    (1)
Section 52R (acceptance of maximum amount) is amended as follows.
      (2)
In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b)
substitute “Welsh Ministers”.
      (3)
In subsection (2)—
(a)
for “he receives” substitute “they receive”, and
(b)
for “Secretary of State” substitute “Welsh Ministers”.
      (4)
In subsection (3)—
(a)
for “he serves” substitute “they serve”, and
(b)
for “Secretary of State” substitute “Welsh Ministers”.
21    (1)
Section 52S (no challenge or acceptance) is amended as follows.
      (2)
In subsection (1) for “Secretary of State” in each of paragraphs (a) and (b)
substitute “Welsh Ministers”.
      (3)
In subsection (2) for “Secretary of State” substitute “Welsh Ministers”.