The Local Government Finance (Amendment) (Wales) (EU Exit) Regulations 2019

Welsh Statutory Instruments

2019 No. 436 (W. 104)

Exiting The European Union, Wales

Local Government, Wales

The Local Government Finance (Amendment) (Wales) (EU Exit) Regulations 2019

Sift requirements satisfied

18 February 2019

Made

4 March 2019

Laid before the National Assembly for Wales

5 March 2019

Coming into force in accordance with regulation 1

The requirements of paragraph 4(2) of Schedule 7 to the European Union (Withdrawal) Act 2018(1) (relating to the appropriate scrutiny procedure for these Regulations) have been satisfied.

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 11 of, and paragraph 1(1) of Schedule 2 to, that Act.

Title and commencement

1.  The title of these Regulations is the Local Government Finance (Amendment) (Wales) (EU Exit) Regulations 2019 and they come into force on exit day(2).

Amendment of the Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (Wales) Regulations 2013

2.—(1) The Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (Wales) Regulations 2013(3) are amended as follows.

(2) In regulation 4 (power to require information), in paragraph (11)—

(a) for the definition of “bank” substitute—

““bank” (“banc”) means—

(a)

a person who has permission under Part 4A of the Financial Services and Markets Act 2000(4) to accept deposits; or

(b)

a person who does not require permission under that Act to accept deposits, in the course of that person’s business in the United Kingdom;”;

(b) for the definition of “insurer” substitute—

““insurer” (“yswiriwr”) means a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance;”.

Amendment of the Central Rating List (Wales) Regulations 2005

3.—(1) The Central Rating List (Wales) Regulations 2005(5) are amended as follows.

(2) In regulation 7 (railway hereditaments), in paragraph (3), for the definition of “licence exempt operator” and “licence holder” substitute—

““licence exempt operator” and “licence holder” have the meanings given by sections 10(6) and 83(1) respectively of the Railways Act 1993(6) except that licence holder also includes a holder of a railway undertaking licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005(7); and”.

Rebecca Evans

Minister for Finance and Trefnydd, one of the Welsh Ministers

4 March 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 11 of, and paragraph 1(1) of Schedule 2 to, the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to local government finance legislation.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

2018 c. 16.

(2)

“Exit day” is defined in section 20(1) to (5) (interpretation) of the European Union (Withdrawal) Act 2018.

(3)

S.I. 2013/588 (W. 67), to which there are amendments not relevant to these Regulations.

(4)

2000 c. 8.

(5)

S.I. 2005/422 (W. 40). Relevant amendments were made by S.I. 2005/3050 and S.I. 2016/645.

(6)

1993 c. 43.

(7)

S.I. 2005/3050.