SCHEDULE 1MODIFICATIONS OF ENACTMENTS

Local Government Finance Act 198840

1

Schedule 8 (non-domestic rating: pooling) is amended as follows.

2

In paragraph 1 (accounts), after sub-paragraph (3) insert—

4

The Auditor General for Wales shall examine, certify and report on any account of which copies are sent to him under sub-paragraph (2) and shall lay copies of the account and of his report before the Assembly.

3

In paragraph 5(6)(ba) (non-domestic rating contributions)40, for “National Assembly for Wales” substitute “Welsh Ministers”.

4

In paragraph 8 (interpretation)41 after sub-paragraph (2) insert—

3

In this Part of this Schedule “the Assembly” means the National Assembly for Wales.

4

For the purposes of this Part of this Schedule—

a

references to the laying of a local government finance report (or amending report) before the House of Commons are, in relation to Wales, to be read as references to the laying of a report before the Assembly, and

b

references to the approval of a local government finance report (or amending report) by resolution of the House of Commons are, in relation to Wales, to be read as references to the approval of a local government finance report (or amending report) by resolution of the Assembly.

5

In paragraph 9A (years where two local government finance reports prepared for Wales)42

a

in sub-paragraph (1)—

i

for “National Assembly for Wales publishes” substitute “Welsh Ministers make”,

ii

in sub-paragraph (b), for “Assembly” substitute “Welsh Ministers”,

b

in sub-paragraph (2)—

i

for “Assembly decides” substitute “Welsh Ministers decide”,

ii

in sub-paragraph (a), for “Assembly” substitute “Welsh Ministers”, and

c

in sub-paragraph (3), for “Assembly decides” substitute “Welsh Ministers decide”.

6

In paragraph 11A (distribution: local government finance reports)43

a

in sub-paragraph (1)—

i

for “National Assembly proposes to publish” substitute “Welsh Ministers propose to make”,

ii

for “decides” substitute “decide”,

iii

for “the Assembly shall” substitute “the Welsh Ministers shall”,

iv

in sub-paragraph (c), for “Assembly proposes” substitute “Welsh Ministers propose”,

b

in sub-paragraph (2), for “Assembly” in both places substitute “Welsh Ministers”.

7

In paragraph 11B (distribution: local government finance reports)44

a

for sub-paragraph (1) substitute—

1

This paragraph applies where—

a

the Assembly approves by resolution a local government finance report that is one of two being made by the Welsh Ministers for a particular financial year, and

b

as respects that year the Welsh Ministers decide as mentioned in paragraph 9A(1)(b)(ii) above.

b

in sub-paragraph (3), for “after the report is published, the Assembly shall calculate” substitute “after the report is approved by the Assembly, the Welsh Ministers shall calculate”,

c

in sub-paragraphs (5) and (7), for “Assembly” substitute “Welsh Ministers”, and

d

in sub-paragraph (6), for the words from “publishes” to the end substitute “approves by resolution an amending report made by the Welsh Ministers under paragraph 13 below.”.

8

In paragraph 11C (distribution: local government finance reports)45

a

in sub-paragraph (1)—

i

for “National Assembly for Wales” substitute “Welsh Ministers”, and

ii

for “it” substitute “them”,

b

in sub-paragraph (3), for “Assembly informs” substitute “Welsh Ministers inform”, and

c

in sub-paragraph (5), for “Assembly” substitute “Welsh Ministers”.

9

In paragraph 14A (distribution: amending reports)46

a

in sub-paragraph (1)(a), for “National Assembly for Wales publishes” substitute “Welsh Ministers make”,

b

in sub-paragraph (1)(b), for “Assembly decides” substitute “Welsh Ministers decide”,

c

in sub-paragraph (2)—

i

for “published by” substitute “approved by resolution of”,

ii

for “the Assembly shall calculate” substitute “the Welsh Ministers shall calculate”, and

d

in sub-paragraph (4)—

i

for “Assembly may carry out” substitute “Welsh Ministers may carry out”, and

ii

in sub-paragraph (b), for “publishes” substitute “approves by resolution”.