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Business Rate Supplements Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 29th April 2009, as follows—

Clause 5
Schedule 1
Clauses 6 to 23
Schedule 2
Clauses 24 to 32

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 5

 

LORD BATES

 

EARL CATHCART

18Page 3, line 29, leave out subsection (2)
 

BARONESS HAMWEE

 

LORD TOPE

19Page 3, line 33, after "prospectus" insert "and a summary of it"
20Page 3, line 34, after "prospectus" insert "and a summary of it"
21Page 3, line 35, after "office" insert ", and the principal offices of any relevant billing authority,"
22Page 3, line 35, at end insert "and for a reasonable period of time"
 

LORD BATES

 

EARL CATHCART

23Page 3, line 36, leave out subsection (4)
 

Schedule 1

 

BARONESS HAMWEE

 

LORD TOPE

24Page 21, line 11, at end insert—
      "The authority's estimate of the costs of maintaining and operating the project and how they are to be funded."
 

LORD BROOKE OF SUTTON MANDEVILLE

 

LORD JENKIN OF RODING

25Page 21, line 18, at end insert—
"(d)  the likely impact of the imposition of a BRS on those contributions towards funding public transport works that are treated as allowable deductions.
      In this Schedule—
 "public transport works" means works undertaken to provide services on which members of the public rely for getting them from place to place when not relying on facilities of their own;
 "allowable deductions" means expense occurred in the course of carrying on a business under Schedule A or Schedule D (Cases I and II) of the charge to tax under the Income and Corporation Taxes Act 1988."
 

BARONESS HAMWEE

 

LORD TOPE

26Page 21, line 29, after "loaned" insert "or to be borrowed"
27Page 21, line 31, at end insert "or to be borrowed"
28Page 21, line 32, at end insert "or to be borrowed"
29Page 21, line 34, at end insert "or the anticipated terms or budgeted interest"
30Page 22, line 14, after "incurred" insert "or to be incurred"
31Page 22, line 14, after "undertaken" insert "or to be undertaken"
32Page 22, line 16, at end insert—
"11A      An explanation of—
(a)  whether a special purpose vehicle is to be formed to deliver the project and its governance and management arrangements,
(b)  the proposed project management."
 

LORD BATES

 

EARL CATHCART

33Page 22, line 16, at end insert—
"11A      A description of the arrangements by which persons paying 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 an orgnaisation is not to be set up, how such persons are to be involved in the oversight of the delivery of such objectives."
 

BARONESS HAMWEE

 

LORD TOPE

34Page 22, line 35, leave out from "to" to end of line 37 and insert "the requirement under section 7 to hold a ballot"
 

LORD BATES

 

EARL CATHCART

35Page 22, line 36, leave out from "BRS" to end of line 37
 

BARONESS HAMWEE

 

LORD TOPE

36Page 22, line 38, leave out from "to" to end of line 41 and insert "the result of the ballot held under section 7"
 

LORD BATES

 

EARL CATHCART

37Page 22, line 40, leave out from "was," to "what" in line 41
 

Clause 6

 

BARONESS HAMWEE

 

LORD TOPE

38Page 4, line 21, leave out "think whether it would be appropriate to"
39Page 4, line 23, at end insert—
"(   )  The levying authority shall publish the results of the consultation."
40Page 4, leave out lines 25 and 26 and insert "with any revisions which arise as a result of the consultation process"
 

Clause 7

 

BARONESS VALENTINE

 

LORD BATES

 

EARL CATHCART

41Page 4, line 32, at beginning insert "Subject to section 27(1A),"
 

BARONESS HAMWEE

 

LORD TOPE

42Page 4, line 32, leave out from "BRS" to end of line 42
43[Withdrawn]
 

Clause 8

 

BARONESS HAMWEE

 

LORD TOPE

44Page 5, line 10, leave out from beginning to second "the"
 

Clause 9

 

BARONESS HAMWEE

 

LORD TOPE

44A*Page 6, line 5, at end insert—
"(   )  Nothing in subsection (3) is to be taken as requiring a lower-tier authority to accept a delegation or to prevent it accepting a delegation on conditions including as to the cost of the exercise of the function."
 

Clause 10

 

BARONESS HAMWEE

 

LORD TOPE

45Page 6, line 11, at end insert—
"(   )  if it is not itself the billing authority, it has consulted the billing authority,"
46Page 6, line 12, leave out from "or" to second "a" in line 13
46A*Page 6, line 17, at end insert—
"(   )  specify the original chargeable amount, the chargeable amount as previously varied (if there has previously been a variation) and the amount of the proposed variation,"
47Page 6, line 46, leave out from "BRS" to end of line 13 on page 7
 

Clause 12

 

LORD BATES

 

EARL CATHCART

48Page 8, line 21, at end insert—
"(   )  After the revaluation of rates in April 2010, the amount prescribed by regulations must increase by the same percentage as the percentage increase in the average rateable value for a hereditament in the 2010 Rating List compared to the 2005 Rating List."
 

Clause 14

 

LORD BEST

48APage 11, line 5, at end insert—
"(8A)  No later than five years after the date on which this section comes into force and, after then, at intervals no shorter than five years, the Secretary of State shall publish a report following a review carried out by him of the upper limit of the multipliers set out in subsections (6) and (7).
(8B)  When carrying out a review under subsection (8A), the Secretary of State shall consult—
(a)  levying authorities;
(b)  such representatives of local government as appear to him to be appropriate; and
(c)  such organisations representing businesses as he thinks fit.
(8C)  If, in a report published under subsection (8A), the Secretary of State concludes that the upper limit of a multiplier should be varied, he may by regulations amend subsections (6) and (7) by varying the upper limit."
 

Clause 15

 

BARONESS HAMWEE

 

LORD TOPE

48B*Page 11, line 19, leave out from "BRS" to end of line 20 and insert "shall apply in relation to BRS reliefs that are no less favourable to ratepayers than the most favourable reliefs applied by the relevant billing or levying authorities"
 

LORD BATES

 

EARL CATHCART

49Page 11, line 20, at end insert "except where subsection (2) applies"
50Page 11, line 20, at end insert—
"(   )  A levying authority that imposes a BRS must apply empty property rate relief."
 

Clause 16

 

LORD BATES

 

EARL CATHCART

51Page 11, line 37, leave out subsection (1) and insert—
"(1)  Where a person is, by reference to a hereditament, liable for BID levy in respect of all or part of a financial year in respect of which the person is, in relation to that hereditament, subject to a BRS imposed by the authority, the chargeable amount payable in relation to the BRS shall be offset in accordance with subsection (2)."
 

BARONESS HAMWEE

 

LORD TOPE

52Page 11, line 40, at end insert—
"(   )  Before setting the rules, the levying authority shall consult the persons liable for BID levy and the billing authority for BID levy if different from the levying authority."
 

LORD BATES

 

EARL CATHCART

53Page 11, line 43, leave out "to the extent specified in the rules"
54Page 12, line 4, leave out subsection (4)
 

BARONESS HAMWEE

 

LORD TOPE

55Page 12, line 8, after "levies" insert "and the levying authority's area whenever levied"
 

LORD BATES

 

EARL CATHCART

55APage 12, line 9, at end insert—
"(   )  This section does not apply to the Crossrail project."
 

BARONESS VALENTINE

 

LORD BATES

 

EARL CATHCART

55BPage 12, line 9, at end insert—
"(   )  Schedule (Amendments to Local Government Act 2003) contains amendments to the Local Government Act 2003 (c. 26) applicable in any business improvement district where a BRS is imposed."
56[Withdrawn]
 

Clause 18

 

BARONESS HAMWEE

 

LORD TOPE

57Page 12, line 41, leave out "March" and insert "February"
 

Clause 19

 

BARONESS HAMWEE

 

LORD TOPE

57A*Page 13, line 19, at end insert "and must be given not less than 30 days before the day referred to in subsection (5)(b)"
 

Clause 21

 

BARONESS HAMWEE

 

LORD TOPE

58Page 14, line 19, leave out "prescribed" and insert "reasonably determined by the levying authority"
 

Clause 22

 

BARONESS HAMWEE

 

LORD TOPE

59Page 14, line 26, after "incurs" insert ("including expenses incurred in preparation for collection or recovery)"
60Page 14, line 42, leave out subsection (6)

 
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15 May 2009