SCHEDULES

SCHEDULE 7Minor and consequential amendments

Local Government Finance Act 1988 (c. 41)

I19

1

The Local Government Finance Act 1988 is amended as follows.

I72

Paragraphs 12 to 17 and 22 apply in relation to the financial year beginning on 1st April 2004 and subsequent financial years.

I2710

In section 47 (discretionary relief), in subsections (1)(b) and (5), for “section 58” there is substituted “ section 57A or 58 ”.

I2811

In section 49 (reduction or remission of liability), in subsection (3), for “section 58” there is substituted “ section 57A or 58 ”.

I812

Section 76 shall become Chapter 1 of Part 5, entitled “General”.

I913

Sections 78 to 84C shall become Chapter 2 of Part 5, entitled “Revenue support grant: England”.

I1014

In the Chapter 2 so formed, at the beginning there is inserted—

Introductory

Application of Chapter 2

77AApplication of Chapter 2

This Chapter applies only in relation to England.

I1115

In sections 78(1) and 78A(2) (which refer to revenue support grant being payable under the Part), for “Part” there is substituted “ Chapter ”.

I1216

Section 85, together with the sections in Part 5 that follow that section, shall become Chapter 4 of that Part, entitled “Other grants”.

I1317

In section 85(2) (which refers to additional grant being payable under the Part), for “Part” there is substituted “ section and section 86 below ”.

I14I2218

In section 88 (transport grants: supplementary), in subsections (4) and (6), for the words from “expenditure for” to “1989” there is substituted “ capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance) ”.

I4I1519

In section 90 (payments to and from collection funds), in subsection (1)(d), for “or regulations” there is substituted “ , under regulations made for the purpose mentioned in paragraph 4(7) of that Schedule or under regulations ”.

I2320

In section 138 (judicial review), in subsection (2)(j), after “multiplier” there is inserted “ or small business non-domestic rating multiplier ”.

I2421

In section 139 (functions to be discharged only by authority), in subsection (2)(d), after “multiplier” there is inserted “ or small business non-domestic rating multiplier ”.

I1622

In section 140(2) (Parts 3 and 5 of the Act to apply, and be administered, separately in England and Wales)—

a

in paragraph (c), at the end there is inserted “ and ”,

b

paragraph (d) is omitted, and

c

in paragraph (e), the words “section 84A above or” are omitted.

I5I1723

In section 141 (payments to and from authorities), in subsection (7), after “below,” there is inserted “ regulations made for the purpose mentioned in paragraph 4(7) of that Schedule, ”.

I224

1

Section 143 (orders and regulations) is amended as follows.

2

In subsection (3), for “(9A)” there is substituted “ (9AA) ”.

I293

In subsection (4), for “58” there is substituted “ 57A ”.

I184

After that subsection there is inserted—

4A

As regards any power of the National Assembly for Wales to make an order or regulations under this Act, subsection (3) above shall have effect without the words from “subject to annulment” to the end.

5

After subsection (9A) there is inserted—

9AA

The power of the Secretary of State to make an order under paragraph 5G of Schedule 9 shall be exercisable by statutory instrument, and no such order shall be made by him unless a draft of it has been laid before and approved by resolution of each House of Parliament.

I325

1

Schedule 7 (non-domestic rating multipliers) is amended as follows.

I192

In paragraph 5 (interpretation of definitions of “non-domestic rating multiplier”), after sub-paragraph (13) there is inserted—

14

Sub-paragraph (13) above does not apply to orders made by the National Assembly for Wales.

15

An order made under sub-paragraph (3) above by the National Assembly for Wales (including an order amending or revoking another) is effective in relation to a particular financial year only if it is made—

a

before 1 March in the preceding financial year, and

b

at a time when no local government finance report for the year has been published by the Assembly.

I193

In paragraph 6 (calculation of non-domestic rating multiplier), after sub-paragraph (4) there is inserted—

4A

Sub-paragraph (4) above does not apply to a calculation made by the National Assembly for Wales for a financial year beginning in or after 2004.

4B

A calculation made by the Assembly under this paragraph for a financial year beginning in or after 2004 is invalid unless one or both of the following conditions is fulfilled—

a

it is made after the Assembly has published the local government finance report for the year or, where the Assembly is publishing two local government finance reports for the year, it is made after the Assembly has published both of those reports;

b

it is made on or after 1 March in the preceding financial year.

I254

In paragraph 9 (special authority’s non-domestic rating multiplier), in sub-paragraph (4), in the definition of A, after “year” there is inserted “ so far as relating to England ”.

I255

In paragraph 10 (substituted multiplier), for sub-paragraph (1) there is substituted—

1

Where a special authority has set multipliers for a financial year (whether originally or by way of substitute) it may set multipliers in substitution if, and only if, they have been quashed.

I256

In paragraphs 10(2) and 11(1), after “9” there is inserted “ or 9A ”.

26

I6I201

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

I6I202

In paragraph 2(2) (debits to the non-domestic rating account), in paragraph (a), after “(14) below” there is inserted “ , under regulations made for the purpose mentioned in paragraph 4(7) below ”.

I263

In paragraph 4(3) (contributions by special authorities), for paragraph (a) there is substituted—

a

the authority’s non-domestic rating multiplier and small business non-domestic rating multiplier for the year were equal respectively to the non-domestic rating multiplier and the small business non-domestic rating multiplier for the year, so far as relating to England, determined in accordance with Part 1 of Schedule 7 above, and.

I2127

In Schedule 11 (valuation tribunals)—

a

in paragraph 1 (power to make regulations for establishment of tribunals), in sub-paragraph (2) (provision which the regulations may include), for the words from “in relation to” to the end there is substituted—

a

so far as relating to England, in relation to membership, procedure and other matters relating to tribunals, except staff, accommodation and equipment, and

b

so far as relating to Wales, in relation to membership, staff, accommodation, equipment, procedure and other matters relating to tribunals.

b

in paragraph 6(1) (staff), after “paragraph 1 above” there is inserted “ , so far as relating to Wales, ”; and

c

in paragraph 7(1) (accommodation and equipment), after “paragraph 1 above” there is inserted “ , so far as relating to Wales, ”.