Localism Bill

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 6 — Council tax referendums: further amendments
271

      (4)
In subsection (3) 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
5
(b)
for “Secretary of State” substitute “Welsh Ministers”.
22
In section 52T(7)(a) (duty of designated billing authority) for “general”
substitute “council”.
23    (1)
Section 52U (duty of designated precepting authority) is amended as
follows.
10
      (2)
In subsection (2)—
(a)
omit paragraph (a), and
(b)
in paragraph (b) omit “(in any other case)”.
      (3)
Omit subsection (3).
      (4)
In subsection (4) omit “is not the Greater London Authority and it”.
15
      (5)
In subsection (5) omit “(3) or”.
      (6)
Omit subsection (6).
      (7)
Omit subsection (9).
      (8)
Omit subsections (11) to (13).
24    (1)
Section 52V (failure to make or substitute calculation) is amended as follows.
20
      (2)
For subsection (3) substitute—
“(3)
In the case of a billing authority, the Welsh Ministers may direct the
authority to comply with section 52T.
(3A)
A direction under this section is enforceable, on the application of the
Welsh Ministers, by a mandatory order.”
25
      (3)
In subsection (5)(b) omit “52T or”.
25    (1)
Section 52W (meaning of budget requirement) is amended as follows.
      (2)
In subsection (1) omit “other than the Greater London Authority”.
      (3)
Omit subsection (2).
26    (1)
Section 52X (calculations to be net of precepts) is amended as follows.
30
      (2)
In subsection (2)—
(a)
in paragraph (a) for “Secretary of State proposes” substitute “Welsh
Ministers propose”,
(b)
in paragraph (b) for “he proposes” substitute “they propose”,
(c)
in paragraph (d) for “he proposes” substitute “they propose”, and
35
(d)
in paragraph (e) for “he expects” substitute “they expect”.
      (3)
In subsection (6) for “Secretary of State” substitute “Welsh Ministers”.

Localism Bill
Schedule 6 — Council tax referendums: further amendments
272

      (4)
In subsection (7) for “House of Commons” substitute “National Assembly
for Wales”.
27    (1)
Section 52Y (information for purposes of Chapter 4A) 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”.
5
      (4)
In subsection (4)—
(a)
for “Secretary of State” substitute “Welsh Ministers”,
(b)
for “him” in both places substitute “them”, and
(c)
for “his” in both places substitute “their”.
      (5)
In subsection (5) for “Secretary of State specifies” substitute “Welsh
10
Ministers specify”.
      (6)
In subsection (7)—
(a)
for “Secretary of State” substitute “Welsh Ministers”,
(b)
for “his” in both places substitute “their”, and
(c)
for “he thinks” substitute “they think”.
15
      (7)
In subsection (8)—
(a)
for “his” in both places substitute “their”,
(b)
for “Secretary of State” substitute “Welsh Ministers”, and
(c)
for “him” substitute “them”.
28
Omit section 52Z (separate administration of Chapter 4A for England and
20
Wales).
29
In section 66(2)(c) (matters that may not be questioned except by an
application for judicial review)—
(a)
before “52I” insert “52ZF,”, and
(b)
before “52J” insert “52ZJ,”.
25
30
In section 67(2)(b) (functions to be discharged only by authority)—
(a)
before “52I” insert “52ZF,”, and
(b)
before “52J” insert “52ZJ,”.
31
In section 106(2)(a) (council tax: restrictions on voting) after “IV” insert “,
4ZA”.
30
Police Act 1996 (c. 16)
32
In section 41(2) of the Police Act 1996 (direction as to minimum budget) after
“Chapter” insert “4ZA or”.
Greater London Authority Act 1999 (c. 29)
33
The Greater London Authority Act 1999 is amended as follows.
35
34
In section 95 (minimum budget for Metropolitan Police Authority) after
subsection (3) insert—
“(3A)
The power exercisable by virtue of subsection (2), and any direction
given under that power, are subject to any limitation imposed under

Localism Bill
Schedule 6 — Council tax referendums: further amendments
273

Chapter 4ZA of Part 1 of the Local Government Finance Act 1992
(council tax referendums).”
35
In section 96 (provisions supplementary to section 95) after subsection (6)
insert—
“(7)
Subsections (5) and (6) are subject to section 95(3A) (which provides
5
that directions under that section are subject to the limitations
imposed by the provisions about council tax referendums in Chapter
4ZA of Part 1 of the Local Government Finance Act 1992).”
36    (1)
Schedule 6 (procedure for determining the authority’s consolidated budget
requirement) is amended as follows.
10
      (2)
In paragraph 1 after sub-paragraph (4) insert—
    “(5)
In this Schedule “the relevant principles”, in relation to a budget
or a council tax requirement for a financial year, means the
principles approved by the House of Commons for the financial
year under section 52ZD of the Local Government Finance Act
15
1992 (principles in connection with council tax referendums).
      (6)
For the purposes of this Schedule, whether or not a budget or
council tax requirement for a financial year complies with the
relevant principles is to be determined by reference to whether or
not the amount that would be calculated for the year under section
20
88 or 89 above (calculation of basic amount of council tax) by
reference to the budget or council tax requirement is excessive by
reference to the relevant principles.”
      (3)
In paragraph 4—
(a)
after sub-paragraph (1) insert—
25
   “(1A)
If the draft consolidated budget does not comply with the
relevant principles, the Assembly shall also prepare a draft
substitute consolidated budget that complies with those
principles.”, and
(b)
after sub-paragraph (2) insert—
30
    “(3)
If, at the public meeting referred to in sub-paragraph (2)
above, the draft substitute consolidated budget prepared
under sub-paragraph (1A) above is approved by the
Assembly, that draft, as so approved, shall be the
Authority’s substitute consolidated budget for the
35
financial year to which it relates.”
      (4)
After paragraph 6 insert—
“The Mayor’s substitute consolidated budget
6A    (1)
This paragraph applies if the Mayor prepares a final draft budget
that does not comply with the relevant principles.
40
      (2)
The Mayor shall also prepare a draft substitute consolidated
budget that complies with those principles.
      (3)
The Mayor shall—
(a)
present the draft substitute consolidated budget to the
Assembly, and
45

Localism Bill
Schedule 6 — Council tax referendums: further amendments
274

(b)
publish it in such manner as the Mayor may determine.
      (4)
The Mayor shall, at the time when the Mayor presents the draft
substitute consolidated budget to the Assembly, lay before the
Assembly in accordance with standing orders of the Authority a
written statement of the reasons for the differences between the
5
final draft budget and the draft substitute consolidated budget.
      (5)
It shall be the duty of the Mayor (having regard to paragraphs 8(7)
and 8C below) to comply with sub-paragraph (4) above before the
last day of February in the financial year preceding that to which
the final draft budget relates.”
10
      (5)
In paragraph 7 after sub-paragraph (4) insert—
   “(4A)
If the Authority’s consolidated council tax requirement does not
comply with the relevant principles, the Assembly shall also agree
a substitute consolidated council tax requirement that complies
with those principles at the public meeting.”
15
      (6)
In paragraph 8 after sub-paragraph (6) insert—
   “(6A)
Sub-paragraph (6B) applies if—
(a)
the final draft budget is approved by the Assembly with
amendments, and
(b)
as a result, the final draft budget no longer complies with
20
the relevant principles.
     (6B)
The Assembly shall also agree a substitute consolidated budget
that complies with those principles at the public meeting.”
      (7)
After paragraph 8A insert—
“Approval of substitute consolidated budget by Assembly following non-compliance
25
by Mayor with paragraph 6A
8B    (1)
This paragraph applies if—
(a)
the Mayor presents a final draft budget to the Assembly in
accordance with paragraph 6 above, and
(b)
the Mayor has failed to comply with paragraph 6A(5)
30
above.
      (2)
If at the public meeting held under paragraph 8 the Assembly
approves a final draft budget that does not comply with the
relevant principles, it shall also agree a substitute consolidated
budget that complies with those principles at that meeting.
35
Approval of substitute consolidated budget by Assembly following compliance by
Mayor with paragraph 6A
8C    (1)
This paragraph applies if—
(a)
the Mayor presents a draft substitute consolidated budget
to the Assembly in accordance with paragraph 6A above,
40
(b)
a public meeting is held under paragraph 8 to consider the
draft final budget to which it relates, and
(c)
the final budget as approved at that public meeting
continues not to comply with the relevant principles.

Localism Bill
Schedule 6 — Council tax referendums: further amendments
275

      (2)
The draft substitute consolidated budget must be considered at
the public meeting.
      (3)
After considering the draft substitute consolidated budget, the
Assembly must approve it with or without amendment (but see
paragraph 8D below).
5
      (4)
For the purposes of sub-paragraph (3) above, the only
amendments which are to be made are those agreed to by at least
two-thirds of the Assembly members voting.
      (5)
If no amendments are made on consideration of the draft
substitute consolidated budget, it shall be deemed to be approved
10
without amendment.
      (6)
The draft substitute consolidated budget as approved by the
Assembly with or without amendments shall be the Authority’s
substitute consolidated budget for the financial year.
Limit on Assembly’s power to amend Mayor’s substitute consolidated budget
15
8D    (1)
Paragraph 8A above applies to amendments to the draft substitute
consolidated budget as it applies to amendments to the final draft
budget as if—
(a)
references to the final draft component council tax
requirement for the Assembly were to the component
20
council tax requirement for the Assembly as stated in the
draft substitute consolidated budget, and
(b)
references to the final draft component council tax
requirement for the Mayor were to the component council
tax requirement for the Mayor as stated in the draft
25
substitute consolidated budget.
      (2)
In exercising its powers of amendment under paragraph 8C
above, the Assembly must not in any event make amendments
that mean that the draft substitute consolidated budget no longer
complies with the relevant principles.”
30
      (8)
After paragraph 9 insert—
“Failure of Assembly to approve draft substitute consolidated budget
9A
If the Assembly fails to comply with paragraph 8C above, the draft
substitute consolidated budget presented to the Assembly in
accordance with paragraph 6A above shall be the Authority’s
35
substitute consolidated budget for the year.”
37    (1)
Schedule 7 (procedure for making of substitute calculations by the
Authority) is amended as follows.
      (2)
In paragraph 3(1) for “52K or 52V” substitute “52ZW”.
      (3)
In paragraph 6(1) for “52K or 52V” substitute “52ZW”.
40