Local Government Act 2003 Explanatory Notes

Schedule7: Minor and Consequential amendments

Paragraphs 41, 42,49 and 50: determinations to reduce discounts

146.Paragraph 41 of Schedule 7 amends section 11 of the LGFA 1992 to make clear that any discount under that section must take effect subject to any determination the authority has made, under the new section 11A inserted by section 75, to reduce or remove discounts.

147.Paragraph 42 amends section 13(3) of the LGFA 1992 to ensure that any reductions under regulations under section 13 apply on top of any discounts under s11A.

148.Paragraph 49 of Schedule 7 amends section 66 of the LGFA 1992 to provide that a determination by a billing authority to reduce or remove the discount under the new section 11A or 12 of the LGFA 1992, inserted by section 75, can only be challenged by judicial review.

149.Paragraph 50 of Schedule 7 amends section 67 of the LGFA 1992 to require the determination to reduce or remove discounts in accordance with the new section 11A or section 12 inserted by section 75 to be made by the full council and not delegated.

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