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Local Government Finance Act 2012

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Part 1 E+WAmendments to Schedule 8 to the LGFA 1988 etc

LGFA 1988E+W

1E+WIn section 60 of the LGFA 1988 (non-domestic rating: pooling), for “Secretary of State” substitute “ Welsh Ministers ”.

2E+WSchedule 8 to the LGFA 1988 (non-domestic rating: pooling) is amended as follows.

3(1)Paragraph 1 (non-domestic rating accounts) is amended as follows.E+W

(2)In sub-paragraph (1), for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In sub-paragraph (2)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in paragraph (b), for “Comptroller and Auditor General” substitute “ Auditor General for Wales ”.

(4)Omit sub-paragraph (3).

(5)In sub-paragraph (4), for “Assembly” substitute “ National Assembly for Wales ”.

4(1)Paragraph 2 (credits and debits to non-domestic rating accounts) is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)in paragraph (a), for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in each of paragraphs (b) and (c), for “him” substitute “ them ”.

(3)In sub-paragraph (2)—

(a)in paragraph (a), for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in paragraph (b), for “him” substitute “ them ”.

5E+WIn paragraph 3(1) (end of year calculations), for “Secretary of State” substitute “ Welsh Ministers ”.

6E+WBefore paragraph 4 (and after the heading to Part 2 of Schedule 8 but before the heading to that paragraph) insert—

InterpretationE+W

3AAny reference in this Part of this Schedule to a billing authority is a reference to a billing authority in Wales.

7(1)Paragraph 4 (rules as to calculation of billing authority's non-domestic rating contribution) is amended as follows.E+W

(2)In sub-paragraph (1), for “Secretary of State” substitute “ Welsh Ministers ”.

(3)Omit sub-paragraphs (3), (4B) and (4D).

(4)In sub-paragraph (5)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)for “he thinks” in both places substitute “ they think ”, and

(c)for “sub-paragraphs (2) and (3)” substitute “ sub-paragraph (2) ”.

(5)Omit sub-paragraph (5A).

8(1)Paragraph 5 (calculation and payment of billing authority's non-domestic rating contribution) is amended as follows.E+W

(2)In sub-paragraph (2), for “Secretary of State” in both places substitute “ Welsh Ministers ”.

(3)In sub-paragraph (3)—

(a)for “Secretary of State believes” substitute “ Welsh Ministers believe ”,

(b)for “he may” substitute “ they may ”,

(c)for “his” substitute “ their ”,

(d)for “he makes” substitute “ they make ”,

(e)for “he shall” substitute “ they shall ”, and

(f)for “he has” substitute “ they have ”.

(4)In sub-paragraph (4), for “Secretary of State” in both places substitute “ Welsh Ministers ”.

(5)In sub-paragraph (5), for “Secretary of State” substitute “ Welsh Ministers ”.

(6)In sub-paragraph (6)—

(a)in paragraph (b), for “Secretary of State” substitute “ Welsh Ministers ”,

(b)in paragraph (ba) omit the words from “if it is” in the first place they appear to “authority in Wales”, and

(c)in paragraph (c), for sub-paragraphs (i) and (ii) substitute “ under arrangements made by the Auditor General for Wales ”.

(7)In sub-paragraph (6A)—

(a)omit “Commission or the”,

(b)omit “, as the case may be,”, and

(c)for “Secretary of State” substitute “ Welsh Ministers ”.

(8)In sub-paragraph (7)—

(a)for “Secretary of State directs” substitute “ Welsh Ministers direct ”, and

(b)for “he” in both places substitute “ they ”.

(9)In sub-paragraph (8)—

(a)for “Secretary of State receives” substitute “ Welsh Ministers receive ”, and

(b)for “he” substitute “ they ”.

(10)In sub-paragraph (9)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “he” substitute “ they ”.

(11)In sub-paragraph (10)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)in paragraph (a)—

(i)for “he believes” substitute “ they believe ”, and

(ii)for “his” substitute “ their ”, and

(c)in paragraph (b)—

(i)for “he is” substitute “ they are ”,

(ii)for “he decides” substitute “ they decide ”, and

(iii)omit “with the Treasury's approval”.

(12)In sub-paragraph (11)—

(a)in paragraph (a)—

(i)for “Secretary of State has” substitute “ Welsh Ministers have ”, and

(ii)for “him” substitute “ them ”, and

(b)in paragraph (b), for “Secretary of State” substitute “ Welsh Ministers ”.

(13)In sub-paragraph (12), for “Secretary of State” substitute “ Welsh Ministers ”.

(14)In sub-paragraph (13), for “Secretary of State makes” substitute “ Welsh Ministers make ”.

(15)In sub-paragraph (14)—

(a)in paragraph (a)—

(i)for “Secretary of State” substitute “ Welsh Ministers ”, and

(ii)for “he” substitute “ they ”, and

(b)in paragraph (b)—

(i)for “Secretary of State” substitute “ Welsh Ministers ”,

(ii)for “he decides” substitute “ they decide ”, and

(iii)omit “with the Treasury's approval”.

(16)In sub-paragraph (15)—

(a)for “Secretary of State makes” substitute “ Welsh Ministers make ”, and

(b)in paragraph (a), for “Secretary of State” substitute “ Welsh Ministers ”.

9(1)Paragraph 6 (further provisions as to calculation and payment of billing authority's non-domestic rating contribution) is amended as follows.E+W

(2)In sub-paragraph (2), for “Secretary of State” substitute “ Welsh Ministers ”.

(3)Omit sub-paragraph (4).

(4)In sub-paragraph (5), for “Secretary of State” substitute “ Welsh Ministers ”.

10(1)Paragraph 8 (interpretation of Part 3 of Schedule 8) is amended as follows.E+W

(2)In sub-paragraph (1), for the words from “any billing authority” to the end substitute

(a)any billing authority in Wales, or

(b)any major precepting authority in Wales.

(3)In sub-paragraph (2) omit “78A or”.

(4)Omit sub-paragraph (4).

11(1)Paragraph 9 (calculation of distributable amount) is amended as follows.E+W

(2)In sub-paragraph (1), for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In sub-paragraph (2)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “he sees” substitute “ they see ”.

(4)In sub-paragraphs (3) and (4), for “Secretary of State” substitute “ Welsh Ministers ”.

12E+WIn paragraph 9A (application of Part 3 to years where two local government finance reports prepared for Wales), in sub-paragraphs (1)(a) and (3)(a) omit “in relation to Wales”.

13(1)Paragraph 10 (requirement for local government finance report to specify basis of distribution) is amended as follows.E+W

(2)In sub-paragraph (1), for “Secretary of State proposes” substitute “ Welsh Ministers propose ”.

(3)In sub-paragraph (2)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “him” substitute “ them ”.

14(1)Paragraph 11 (calculation of sums payable to receiving authorities out of distributable amount) is amended as follows.E+W

(2)In sub-paragraph (1)(b), for “House of Commons” substitute “ Assembly ”.

(3)In sub-paragraph (2), for “House of Commons” substitute “ Assembly ”.

(4)In sub-paragraphs (3) and (4), for “Secretary of State” substitute “ Welsh Ministers ”.

(5)In sub-paragraph (5), for “House of Commons” substitute “ Assembly ”.

(6)In sub-paragraph (6)—

(a)for “Secretary of State decides” substitute “ Welsh Ministers decide ”,

(b)for “he” in both places substitute “ they ”, and

(c)for “him” substitute “ them ”.

(7)In sub-paragraph (7)—

(a)for “Secretary of State informs” substitute “ Welsh Ministers inform ”,

(b)for “his” substitute “ their ”, and

(c)for “he” substitute “ they ”.

(8)In sub-paragraph (8)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “he calculates” substitute “ they calculate ”.

15(1)Paragraph 12 (payment of sums to receiving authorities out of distributable amount) is amended as follows.E+W

(2)In sub-paragraph (1), for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In sub-paragraph (2)—

(a)for “Secretary of State determines” substitute “ Welsh Ministers determine ”, and

(b)omit “with the Treasury's consent”.

(4)In sub-paragraph (3), for “Secretary of State” substitute “ Welsh Ministers ”.

(5)In sub-paragraph (4)—

(a)for “Secretary of State determines” substitute “ Welsh Ministers determine ”, and

(b)omit “with the Treasury's consent”.

(6)In sub-paragraphs (5) and (6), for “Secretary of State” substitute “ Welsh Ministers ”.

16(1)Paragraph 13 (making of amending report in relation to local government finance report) is amended as follows.E+W

(2)In sub-paragraph (1), for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In sub-paragraph (3)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”,

(b)for “him” substitute “ them ”, and

(c)for “he proposes” substitute “ they propose ”.

(4)In sub-paragraph (4), for “House of Commons” substitute “ Assembly ”.

(5)In sub-paragraphs (5) and (6)—

(a)for “House of Commons” substitute “ Assembly ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

17(1)Paragraph 14 (calculation of sums payable to receiving authorities following amending report) is amended as follows.E+W

(2)In sub-paragraph (1)—

(a)for “House of Commons” substitute “ Assembly ”, and

(b)for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In sub-paragraph (2), for “Secretary of State” substitute “ Welsh Ministers ”.

(4)In sub-paragraph (3)(b), for “House of Commons” substitute “ Assembly ”.

18(1)Paragraph 15 (payments following amending report) is amended as follows.E+W

(2)In sub-paragraph (2), for “Secretary of State” substitute “ Welsh Ministers ”.

(3)In sub-paragraph (3)—

(a)for “Secretary of State determines” substitute “ Welsh Ministers determine ”, and

(b)omit “with the Treasury's consent”.

(4)In sub-paragraphs (4) and (5), for “Secretary of State” substitute “ Welsh Ministers ”.

Non-Domestic Rating Act 1992 (c. 46)E+W

19E+WThe Non-Domestic Rating Act 1992 is amended as follows.

20(1)Section 4 (which modifies Schedule 8 to the LGFA 1988, and which applies with modifications for the financial year beginning in 1995 and subsequent financial years by virtue of section 3 of the Non-Domestic Rating Act 1994) is amended as follows.E+W

(2)In the sub-paragraph (3A) set out in subsection (1)(b)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)in paragraph (b), for “he considers” substitute “ they consider ”.

(3)In the sub-paragraph (3B) set out in subsection (1)(b)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”, and

(b)for “he thinks” substitute “ they think ”.

21E+WIn section 5 (which modifies Schedule 8 to the LGFA 1988, and which applies to the financial year beginning in 1995 and subsequent financial years by virtue of section 3 of the Non-Domestic Rating Act 1994), in the paragraph (d) set out in subsection (1)(b), for “him” in both places substitute “ them ”.

Consequential revocation and repealE+W

22E+WIn consequence of the amendments made by this Part of this Schedule—

(a)in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672), in the entry for the Local Government Finance Act 1988 omit the words from “The functions of the Comptroller and Auditor General” to “before the Assembly.”, and

(b)in Schedule 7 to the Local Government Act 2003 omit paragraph 26(3).

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