SCHEDULES

Section 15.

SCHEDULE 1Political Balance on Local Authority Committees etc.

Bodies to which section 15 applies

1Subject to such exceptions as may be prescribed by regulations made by the Secretary of State, section 15 of this Act applies, in relation to any relevant authority or committee of a relevant authority—

(a)to any ordinary committee or ordinary sub-committee of the authority;

(b)to any advisory committee of the authority and to any sub-committee appointed by such an advisory committee; and

(c)to any such body falling within paragraph 2 below as is a body at least three seats on which fall from time to time to be filled by appointments made by the authority or committee.

2(1)For the purposes of paragraph 1 above, in its application in relation to relevant authorities in England and Wales or the committees of such authorities, a body falls within this paragraph if it is a body of any of the following descriptions, that is to say—

(a)a relevant authority which is a local authority of any of the descriptions specified in paragraphs (f) to (j) of section 21(1) of this Act;

(b)a local authority of any of the descriptions specified in paragraphs (k) and (m) of section 21(1) of this Act;

(c)any police authority constituted under section 2 of the [1964 c. 48.] Police Act 1964 (county police forces);

(d)a local fisheries committee for any sea fisheries district;

(e)a committee established in accordance with any regulations made by virtue of section 7 of the [1972 c. 11.] Superannuation Act 1972 (regulations making provision for the superannuation of persons employed in local government service etc.);

(f)a National Parks Committee;

(g)a board or committee appointed by one or more relevant authorities in exercise of a power conferred by a local enactment, being a board or committee seats on which are required to be filled by the appointment of members of that authority or of those authorities;

(h)a joint committee not falling within sub-paragraphs (a) to (g) above appointed by two or more relevant authorities under section 102(1)(b) of the [1972 c. 70.] Local Government Act 1972.

(2)For the purposes of paragraph 1 above, in its application in relation to relevant authorities in Scotland or to the committees of such authorities, a body falls within this paragraph if it is—

(a)a joint board within the meaning of section 235(1) of the [1973 c. 65.] Local Government (Scotland) Act 1973;

(b)a board or committee appointed by one or more relevant authorities in exercise of a power conferred by a local enactment, being a board or committee seats on which are required to be filled by the appointment of members of that authority or of those authorities;

(c)a joint committee appointed by two or more relevant authorities under section 57(1)(b) of the Local Government (Scotland) Act 1973.

Construction of sections 15 to 17

3(1)The Secretary of State may, for the purposes of sections 15 and 16 of this Act, by regulations make provision—

(a)as to the circumstances in which the members of a relevant authority are to be treated as divided into different political groups;

(b)as to the persons who are to be treated as members of such a group and as to when a person is to be treated as having ceased to be a member of such a group;

(c)requiring the question whether a person is or is not a member of a political group to be determined in such manner as may be provided for by or under the regulations;

(d)specifying the manner in which, and times at which, the wishes of such a group are to be expressed and the consequences of a failure by such a group to express its wishes.

(2)Regulations under this paragraph may make provision modifying the provisions of sections 15 and 16 of this Act in relation to any case in which some of the members of a relevant authority fall to be treated as members of one or more political groups and the others do not.

4(1)In sections 15 to 17 of this Act and this Schedule—

• “advisory committee”, in relation to a relevant authority, means a committee appointed by the authority under section 102(4) of the [1972 c. 70.] Local Government Act 1972 or section 57(4) of the [1973 c. 65.] Local Government (Scotland) Act 1973 (advisory committees);

• “education committee”, in relation to a relevant authority in England and Wales, means any committee appointed by the authority in accordance with arrangements approved under Part II of Schedule 1 to the [1944 c. 31.] Education Act 1944;

• “membership”, in relation to a relevant authority, means the number of persons who are for the time being members of the authority, disregarding any person who is treated as continuing to be a member of the authority by virtue of section 3(3) of the Local Government Act 1972 (chairman to continue as a member until replaced);

• “ordinary committee”—

  (a)

  in relation to any relevant authority in England and Wales, means the authority’s education committee, their social services committee or any other committee of the authority appointed under section 102(1)(a) of the Local Government Act 1972, not being a body to which section 15 of this Act applies by virtue of paragraph 2 above; and

  (b)

  in relation to any relevant authority in Scotland, means the authority’s education committee, their social work committee or any committee of the authority appointed under section 57(1)(a) of the Local Government (Scotland) Act 1973;

• “relevant authority”—

  (a)

  in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to (c) or (f) to (j) of section 21(1) of this Act; and

  (b)

  in relation to Scotland, means a local authority;

  and

• “seat”, in relation to a body to which section 15 of this Act applies, means such a position as a member of that body as—

  (a)

  entitles the person holding the position to vote at meetings of the body on any question which falls to be decided at such a meeting; and

  (b)

  in the case of a position as member of an advisory committee or of a sub-committee appointed by an advisory committee, is not a position which the authority or committee have determined must be filled by the appointment of a person who is not a member of the authority.

(2)In this Schedule—

• “ordinary sub-committee”—

  (a)

  in relation to any relevant authority in England and Wales, means any sub-committee of the authority’s education committee or social services committee or any other sub-committee of that authority appointed under section 102(1)(c) of the [1972 c. 70.] Local Government Act 1972 by an ordinary committee of that authority; and

  (b)

  in relation to any relevant authority in Scotland, means any sub-committee of an ordinary committee;

• “social services committee”, in relation to any relevant authority in England and Wales, means any committee established by the authority under section 2 of the [1970 c. 42.] Local Authority Social Services Act 1970; and

• “social work committee”, in relation to a relevant authority in Scotland, means any committee appointed by the authority under section 2 of the [1968 c. 49.] Social Work (Scotland) Act 1968.

(3)References in this paragraph to voting include references to making use of a casting vote.

Supplemental regulation making power

5Regulations under section 15 or 17 of this Act or under this Schedule may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.

Section 36.

SCHEDULE 2Local Government Act 1972, section 137, as amended

“137Power of local authorities to incur expenditure for certain purposes not otherwise authorised

(1)A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of, and will bring direct benefit to, their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure—

(a)for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment; nor

(b)unless the direct benefit accruing to their area or any part of it or to all or some of the inhabitants of their area will be commensurate with the expenditure to be incurred.

(1A)In any case where—

(a)by virtue of paragraph (a) of subsection (1) above, a local authority are prohibited from incurring expenditure for a particular purpose, and

(b)the power or duty of the authority to incur expenditure for that purpose is in any respect limited or conditional (whether by being restricted to a particular group of persons or in any other way),

the prohibition in that paragraph shall extend to all expenditure to which that power or duty would apply if it were not subject to any limitation or condition.

(2)It is hereby declared that the power of a local authority to incur expenditure under subsection (1) above includes power to do so by contributing towards the defraying of expenditure by another local authority in or in connection with the exercise of that other authority’s functions.

(2C)A local authority may incur expenditure under subsection (1) above on publicity only by way of assistance to a public body or voluntary organisation where the publicity is incidental to the main purpose for which the assistance is given; but the following provisions of this section apply to expenditure incurred by a local authority under section 142 below on information as to the services provided by them under this section, or otherwise relating to their functions under this section, as they apply to expenditure incurred under this section.

(2D)In subsection (2C) above—

• “publicity” means any communication, in whatever form, addressed to the public at large or to a section of the public; and

• “voluntary organisation” means a body which is not a public body but whose activities are carried on otherwise than for profit.

(3)A local authority may, subject to the following provisions of this section, incur expenditure on contributions to any of the following funds, that is to say—

(a)the funds of any charitable body in furtherance of its work in the United Kingdom; or

(b)the funds of any body which provides any public service (whether to the public as a whole or to any section of it) in the United Kingdom otherwise than for the purposes of gain; or

(c)any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by the Lord Mayor of London or the chairman of a principal council or by a committee of which the Lord Mayor of London or the chairman of a principal council is a member or by such a person or body as is referred to in section 83(3)(c) of the [1973 c. 65.] Local Government (Scotland) Act 1973.

(4)The expenditure of a local authority under this section in any financial year shall not exceed the amount produced by multiplying—

(a)such sum as is for the time being appropriate to the authority under subsection (4AA) below, by

(b)the relevant population of the authority’s area.

(4AA)For the purposes of subsection (4)(a) above, except in so far as the Secretary of State by order specifies a different sum in relation to an authority of a particular description,—

(a)the sum appropriate to a county council or the council of a non-metropolitan district is £2.50;

(b)the sum appropriate to a metropolitan district council, a London borough council or the Common Council is £5.00; and

(c)the sum appropriate to a parish or community council is £3.50.

(4AB)For the purposes of subsection (4)(b) above the relevant population of a local authority’s area shall be determined in accordance with regulations made by the Secretary of State; and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of the House of Commons.

(4A)For the purpose of determining whether a local authority have exceeded the limit set out in subsection (4) above, their expenditure in any financial year under this section shall be taken to be the difference between their gross expenditure under this section for that year and the aggregate of the amounts specified in subsection (4B) below.

(4B)The amounts mentioned in subsection (4A) above are—

(a)the amount of any expenditure which forms part of the authority’s gross expenditure for that year under this section and in respect of which any grant has been or is to be paid under any enactment by a Minister of the Crown, within the meaning of the Ministers of the Crown Act 1975 (whether or not the grant covers the whole of the expenditure);

(b)the amount of any repayment in that year of the principal of a loan for the purpose of financing expenditure under this section in any year;

(c)so much of any amount raised by public subscription as is spent in that year for a purpose for which the authority are authorised by this section to incur expenditure;

(d)any grant received by the authority for that year out of the European Regional Development Fund or the Social Fund of the European Economic Community, in so far as the grant is in respect of an activity in relation to which the authority incurred expenditure in that year under this section;

(e)the amount of any repayment in that year of a loan under this section made by the authority in any year; and

(f)the amount of any expenditure—

(i)which is incurred by the authority in that year in circumstances specified in an order made by the Secretary of State; or

(ii)which is incurred by the authority in that year and is of a description so specified; or

(iii)which is defrayed by any grant or other payment to the authority which is made in or in respect of that year and is of a description so specified.

(5)A statutory instrument containing an order under this section may apply to all local authorities or may make different provision in relation to local authorities of different descriptions.

(6)Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)The accounts of a local authority by whom expenditure is incurred under this section shall include a separate account of that expenditure, and section 24 of the Local Government Finance Act 1982 (rights of inspection) shall apply in relation to any such separate account of a local authority as it applies in relation to any statement of accounts prepared by them pursuant to regulations under section 23 of that Act.

(9)In this section “local authority” includes the Common Council.”

Sections 56, 58, 62 and 63.

SCHEDULE 3Provisions Supplementing Part IV

Part IEffect of Overspend in 1989-90 on Credit Approvals

1(1)If Part VIII of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (in this Part of this Schedule referred to as “the 1980 Act”) applied to the prescribed expenditure of a local authority for the financial year 1989-90, it shall be determined whether—

(a)the total of the payment, made (or treated as made) in respect of that prescribed expenditure exceeded

(b)the aggregate of the amounts which, in relation to that authority, fell within paragraphs (a) to (e) of subsection (3) of section 72 of the 1980 Act for that financial year.

(2)If for any local authority there is such an excess as is referred to in sub-paragraph (1) above, it is in the following provisions of this Part of this Schedule referred to as the “1989-90 overspend” of the authority.

2(1)Where a local authority have a 1989-90 overspend, their basic credit approval for the financial year 1990-91 shall be taken to be reduced or, as the case may be, extinguished by deducting from the approval an amount equal to the overspend.

(2)Any reduction or extinguishment of an authority’s basic credit approval under this paragraph shall be regarded as taking place immediately after the approval is received by the authority.

3(1)If a local authority’s 1989-90 overspend exceeds their basic credit approval for the financial year 1990-91 (so that that approval is extinguished) the excess shall be applied in reduction (or extinguishment) of other basic credit approvals issued to the authority in the order in which they are received by the authority until the whole of the excess is so applied.

(2)Any reduction or extinguishment of an authority’s basic credit approval under this paragraph shall be regarded as taking place immediately after the approval is received by the authority.

4Not later than 30th September 1990, each local authority to the prescribed expenditure of which Part VIII of the 1980 Act applied for the financial year 1989-90 shall determine the amount of their 1989-90 overspend (if any).

5In this Part of this Schedule—

(a)“prescribed expenditure” has the same meaning as in Part VIII of the 1980 Act; and

(b)“the financial year 1989-90” means the financial year beginning on 1st April 1989 and “the financial year 1990-91” means that beginning on 1st April 1990.

Part IINon-Monetary Consideration received before April 1990

6This Part of this Schedule applies in any case where—

(a)within the period beginning on 2nd February 1989 and ending on 31st March 1990 a local authority receive any consideration in respect of a disposal or the right to a repayment or payment; and

(b)the disposal occurs or the right to a repayment or payment arises on or after 2nd February 1989; and

(c)if the consideration were received on 1st April 1990, section 61 of this Act would apply in relation to it.

7(1)On the assumption that the consideration falling within paragraph 6 above was received by the local authority on 1st April 1990, there shall be determined, in accordance with section 61 of this Act, the amount of the notional capital receipt referable to the consideration and, from that, there shall be deducted so much (if any) of the consideration as is in money and is paid within the period referred to in paragraph 6(a) above.

(2)If the amount determined under sub-paragraph (1) above (“the non-monetary consideration”) exceeds the payments (if any) in respect of prescribed expenditure which, in the case in question, the local authority are taken to make for the purposes of Part VIII of the [1980 c. 65.] Local Government, Planning and Land Act 1980, the local authority shall set aside, as provision to meet credit liabilities, the amount specified in sub-paragraph (3) below and that amount shall be so set aside on 1st April 1990 or, if it is later, at the time of the disposal or the assignment or waiver of the repayment or payment in question.

(3)Except in so far as regulations made or directions given by the Secretary of State otherwise provide, the amount referred to in sub-paragraph (2) above is that which, under section 59 of this Act, would be the reserved part of a capital receipt which—

(a)is of an amount equal to the excess referred to in that sub-paragraph; and

(b)is received in respect of a disposal or a right to a repayment or payment of the description in question.

Part IIICredit Ceiling

8(1)Subject to any prescribed modifications, the credit ceiling of a local authority at 1st April 1990 (in this Schedule referred to as the authority’s “initial credit ceiling”) is the amount by which the aggregate of—

(a)so much of any advances made before that date from a loans fund established by the authority under paragraph 15 of Schedule 13 to the [1972 c. 70.] Local Government Act 1972 as has not been repaid before that date, and

(b)the total cost of the authority’s transitional credit arrangements, as defined in section 52 of this Act, less such (if any) as may be excluded from this paragraph by regulations made by the Secretary of State,

exceeds the total of the receipts which the authority are required to bring into account under paragraph 9 below; and, if there is no such excess, the authority’s initial credit ceiling shall be nil or, as the case may be, a negative amount.

(2)In sub-paragraph (1) above “prescribed” means prescribed by regulations made by the Secretary of State.

9(1)Subject to sub-paragraph (2) below, the receipts which a local authority are required to bring into account to determine their initial credit ceiling are the following 1980 Act receipts, namely,—

(a)those which on 1st April 1990 are required to be set aside as provision to meet credit liabilities; and

(b)those which, on or before 30th September 1990, the authority determine, in accordance with section 60(2) of this Act, to set aside as provision to meet credit liabilities.

(2)A local authority are not under sub-paragraph (1) above required to bring into account so much of any capital receipt as, in accordance with section 50(3) of this Act, is applied by the authority as provision to meet credit liabilities unless it is so applied in relation to a credit arrangement excluded by regulations under paragraph 11 below.

10(1)At any time on or after 1st April 1990, a local authority’s credit ceiling shall be determined, subject to any prescribed modifications, in accordance with the following provisions of this Part of this Schedule.

(2)In sub-paragraph (1) above “prescribed” means prescribed by regulations made by the Secretary of State.

11(1)If, at any time on or after 1st April 1990, a credit approval is used by a local authority to any extent as mentioned in section 56(3) of this Act, then, subject to sub-paragraph (2) below, the authority’s credit ceiling shall at that time be increased by an amount equal to the extent to which the credit approval is so used.

(2)If, in reliance on a credit approval, a local authority enter into or agree to the variation of a credit arrangement of a description excluded by regulations made by the Secretary of State under this paragraph, no account shall be taken under sub-paragraph (1) above of that use of the credit approval.

12(1)If, at any time on or after 1st April 1990, a local authority set aside an amount as provision to meet credit liabilities (whether or not pursuant to a requirement to do so) then, subject to sub-paragraph (2) below, the authority’s credit ceiling shall at that time be reduced by an amount equal to the amount so set aside (and, by virtue of this paragraph, that ceiling may, accordingly, be a negative amount).

(2)This paragraph does not apply with respect to—

(a)an amount which, in relation to a credit arrangement, other than one excluded by regulations under paragraph 11 above, is applied or charged (as an amount of credit cover) as mentioned in paragraph (b) or paragraph (c) of subsection (3) of section 50 of this Act; or

(b)a 1980 Act receipt which, in accordance with paragraph 9 above, is brought into account to determine the authority’s initial credit ceiling; or

(c)so much of an amount set aside under section 63 of this Act as provision to meet credit liabilities as (in accordance with Part IV of this Schedule) is referable to notional interest on credit arrangements.

(3)For the purposes of this paragraph, an amount set aside under subsection (1) of section 63 of this Act in respect of any financial year shall be treated as set aside on the last day of that year.

13If, at any time on or after 1st April 1990 a local authority apply or transfer under subsection (2) of section 64 of this Act an amount set aside as mentioned in subsection (1) of that section, the authority’s credit ceiling shall at that time be increased by an amount equal to the amount so applied or transferred.

14(1)If, at any time on or after 1st April 1990, any debt of a local authority is reduced or extinguished by virtue of such a payment as is referred to in section 157(1)(b) of this Act, the authority’s credit ceiling shall at that time be reduced by an amount equal to the reduction in the debt or, as the case may be, to the amount of the extinguished debt (and, by virtue of this paragraph, the credit ceiling may, accordingly, be a negative amount).

(2)If, at any time on or after 1st April 1990, a local authority are required under section 157(7)(b) of this Act to repay or pay any sum to the Secretary of State, the authority’s credit ceiling shall at the time that sum is repaid or paid be increased by an amount equal to that sum.

Part IVMinimum Revenue Provision

15(1)Subject to sub-paragraphs (2) and (3) below, for any financial year other than that beginning on 1st April 1990, a local authority’s minimum revenue provision shall be the aggregate of—

(a)an amount in respect of principal which, except in so far as regulations made by the Secretary of State otherwise provide, shall be the prescribed percentage of the authority’s adjusted credit ceiling on the last day of the immediately preceding year; and

(b)an amount in respect of notional interest on each credit arrangement entered into by the authority which came into being before the beginning of that year, other than an arrangement excluded by regulations under paragraph 11 above.

(2)If a local authority’s credit ceiling on the last day of a financial year is nil or a negative amount, the authority’s minimum revenue provision for the immediately following financial year shall be nil.

(3)In the case of a credit arrangement falling within section 49(3) of this Act, the Secretary of State may by regulations provide that the amount referred to in sub-paragraph (1)(b) above is nil.

16(1)Subject to sub-paragraphs (2) and (3) below, for the financial year beginning on 1st April 1990, a local authority’s minimum revenue provision shall be the aggregate of—

(a)an amount in respect of principal which, except in so far as regulations made by the Secretary of State otherwise provide, shall be the prescribed percentage of the authority’s adjusted initial credit ceiling; and

(b)an amount in respect of notional interest on each transitional credit arrangement entered into by the authority, other than an arrangement excluded by regulations under paragraph 11 above.

(2)If a local authority’s initial credit ceiling is nil or a negative amount, the authority’s minimum revenue provision for the financial year referred to in sub-paragraph (1) above shall be nil.

(3)In the case of a transitional credit arrangement falling within section 49(3) of this Act, the Secretary of State may by regulations provide that the amount referred to in sub-paragraph (1)(b) above is nil.

17In paragraphs 15(1)(a) and 16(1)(a) above “the prescribed percentage” means such percentage, which may be any percentage from nil to 100, as may be prescribed by regulations made by the Secretary of State; and different percentages may be so prescribed in relation to different amounts taken into account in determining an authority’s adjusted credit ceiling or initial credit ceiling.

18(1)Any reference in this Part of this Schedule to an authority’s adjusted credit ceiling at any time or their adjusted initial credit ceiling is a reference to their credit ceiling or, as the case may be, initial credit ceiling, determined in accordance with Part III of this Schedule as modified, in such manner as the Secretary of State considers appropriate, by regulations made by him for the purposes of this Part of this Schedule.

(2)Without prejudice to the generality of sub-paragraph (1) above, for the purpose of determining an authority’s adjusted credit ceiling or adjusted initial credit ceiling at any time, regulations under this paragraph may require amounts which are taken into account in determining the authority’s credit ceiling or initial credit ceiling to be treated as having been repaid, in whole or in part, by reference to amounts set aside as provision for credit liabilities and also, in such cases as may be specified in the regulations, may require a local authority to determine which of the amounts so taken into account are to be treated as so repaid.

19(1)Subject to paragraphs 15(3) and 16(3) above, for any financial year, the amount referred to in paragraph 15(1)(b) or paragraph 16(1)(b) above in respect of notional interest on a credit arrangement is that determined by the formula—

(2)In the case of a credit arrangement which has been varied as mentioned in section 51(1) of this Act, “b” in the formula in sub-paragraph (1) above is the percentage rate of discount prescribed under section 49(2) of this Act for the financial year in which the arrangement was so varied or, as the case may be, last varied.

(3)In the case of a credit arrangement falling within section 49(3) of this Act, the Secretary of State may by regulations provide that “b” in the formula in sub-paragraph (1) above shall be such figure as may be specified in, or determined under, the regulations.

20Regulations under this Part of this Schedule—

(a)may make provision by reference to amounts determined by local authorities in respect of particular financial years; and

(b)may require such determinations to be made within such time limits as may be specified in the regulations.

Section 75.

SCHEDULE 4The Keeping of the Housing Revenue Account

Part ICredits to the Account

For each year a local housing authority who are required to keep a Housing Revenue Account (“the account”) shall carry to the credit of the account amounts equal to the items listed in this Part of this Schedule.

Item 1: rents

The income of the authority for the year from rents and charges in respect of houses and other property within the account.

This item includes rent remitted by way of rebate.

Item 2: charges for services and facilities

The income of the authority for the year in respect of services or facilities provided by them in connection with the provision by them of houses and other property within the account—

If the Secretary of State so directs, this item shall include, or not include, such income as may be determined by or under the direction.

Item 3: Housing Revenue Account subsidy

Housing Revenue Account subsidy payable to the authority for the year.

Item 4: contributions towards expenditure

Contributions of any description payable to the authority for the year towards expenditure falling to be debited to the account (for that or any other year).

If the Secretary of State so directs, this item shall not include so much of any such contributions as may be determined by or under the direction.

Item 5: housing benefit transfers

Sums transferred for the year from some other revenue account of the authority in accordance with section 30(6) of the [1986 c. 50.] Social Security Act 1986 (housing benefit transfers).

Item 6: transfers from the Housing Repairs Account

Sums transferred for the year from the authority’s Housing Repairs Account in accordance with section 77(5) of this Act (credit balance for year).

Item 7: reduced provision for bad or doubtful debts

The following, namely—

If the Secretary of State so directs, no sums shall be credited under paragraph (a) above, and no amount shall be credited under paragraph (b) above, except (in either case) in such circumstances and to such extent as may be specified in the direction.

Item 8: sums calculated as determined by Secretary of State

Sums calculated for the year in accordance with such formulae as the Secretary of State may from time to time determine.

In determining any formula for the purposes of this item, the Secretary of State may include variables framed (in whatever way he considers appropriate) by reference to such matters relating to the authority, or to (or to tenants of) houses and other property which are or have been within the account, as he thinks fit.

Item 9: sums directed by Secretary of State

Any sums which for the year the Secretary of State directs the authority to carry to the credit of the account from some other revenue account of theirs.

Item 10: credit balance from previous year

Any credit balance shown in the account for the previous year.

This item does not include so much of any such balance so shown as is carried to the credit of some other revenue account of the authority in accordance with paragraph 1 or 2 of Part III of this Schedule.

Part IIDebits to the Account

For each year a local housing authority who are required to keep a Housing Revenue Account (“the account”) shall carry to the debit of the account amounts equal to the items listed in this Part of this Schedule.

Item 1: expenditure on repairs, maintenance and management

The expenditure of the authority for the year in respect of the repair, maintenance, supervision and management of houses and other property within the account, but not including expenditure properly debited to the authority’s Housing Repairs Account.

If the Secretary of State so directs, this item shall include, or not include, such expenditure as may be determined by or under the direction.

Item 2: expenditure for capital purposes

Any expenditure of the authority in respect of houses and other property within the account which—

In this item “capital expenditure” means expenditure for capital purposes within the meaning of Part IV of this Act and “excluded expenditure” means expenditure excluded from the obligation in section 41(1) of this Act.

Item 3: rents, rates, taxes and other charges

The rents, rates, taxes and other charges which the authority are liable to pay for the year in respect of houses and other property within the account.

Item 4: rent rebates

The rent rebates granted for the year to tenants of houses and other property within the account.

Item 5: sums transferred under section 80(2)

Sums transferred for the year to some other revenue account of the authority in accordance with section 80(2) of this Act (Housing Revenue Account subsidy of a negative amount).

Item 6: contributions to Housing Repairs Account

Sums transferred for the year to the authority’s Housing Repairs Account.

Item 7: provision for bad or doubtful debts

The following, namely—

If the Secretary of State so directs, no sums shall be debited under paragraph (a) above, and no provision shall be debited under paragraph (b) above, except (in either case) in such circumstances and to such extent as may be specified in the direction.

Item 8: sums calculated as determined by Secretary of State

Sums calculated for the year in accordance with such formulae as the Secretary of State may from time to time determine.

In determining any formula for the purposes of this item, the Secretary of State may include variables framed (in whatever way he considers appropriate) by reference to such matters relating to the authority, or to (or to tenants of) houses or other property which are or have been within the account, as he thinks fit.

Item 9: debit balance from previous year

Any debit balance shown in the account for the previous year.

This item does not include any such balance so shown which is carried to the debit of some other revenue account of the authority in accordance with paragraph 1 of Part III of this Schedule.

Part IIISpecial Cases

Balance for year 1989-90

1(1)The following, namely—

(a)any debit balance shown in a local housing authority’s Housing Revenue Account for the year beginning 1st April 1989;

(b)so much of any credit balance so shown as exceeds the limit mentioned in sub-paragraph (2) below,

shall be carried forward and debited or credited, as the case may require, not to their Housing Revenue Account for the year beginning 1st April 1990 but to some other revenue account of theirs for that year.

(2)The limit referred to in sub-paragraph (1) above is £150 multiplied by the number of dwellings in the authority’s Housing Revenue Account on 31st March 1990 or £5 million, whichever is the lesser amount.

Credit balance where no HRA subsidy payable

2A local housing authority to whom no Housing Revenue Account subsidy is payable for any year may carry the whole or part of any credit balance shown in their Housing Revenue Account for that year to the credit of some other revenue account of theirs.

Amenities shared by the whole community

3(1)Where benefits or amenities—

(a)arising from the exercise of a local housing authority’s functions under Part II of the [1985 c. 68.] Housing Act 1985 (provision of housing); and

(b)provided for persons housed by the authority,

are shared by the community as a whole, the authority shall make such contributions to their Housing Revenue Account from some other revenue account of theirs as, having regard to the amounts of the contributions and the period over which they are made, will properly reflect the community’s share of the benefits or amenities.

(2)The Secretary of State may give such directions as he considers appropriate as to the performance by local housing authorities of their duty under sub-paragraph (1) above.

(3)Where it appears to the Secretary of State that an authority have failed to comply with sub-paragraph (1) above or any directions under sub-paragraph (2) above, he may give them such directions as appear to him appropriate to ensure compliance.

(4)A direction under sub-paragraph (3) above may contain particulars as to the amounts of the contributions and the years for which they are to be made.

Land disposed of at less than market value

4The Secretary of State in giving his consent under any enactment for the disposal at less than market value of land within their Housing Revenue Account may impose a condition requiring the authority to make a contribution to the account from some other revenue account of theirs for such years and of such amount, or of any amount calculated in such manner, as he may determine.

Adjustment of accounts on appropriation of land

5(1)Where land is appropriated by a local housing authority for the purposes of Part II of the [1985 c. 68.] Housing Act 1985 (provision of housing), or on the discontinuance of use for those purposes, such adjustment shall be made in the Housing Revenue Account, the Housing Repairs Account and other revenue accounts of the authority as the Secretary of State may direct.

(2)Except where sub-paragraph (1) above applies, any direction given under section 24 of the [1959 c. 53.] Town and Country Planning Act 1959 (adjustment of accounts on appropriation of land) concerning the Housing Revenue Account of a local housing authority shall apply in relation to the account to be kept under section 74 of this Act as it would have applied to the account to be kept under section 50 of the [1958 c. 42.] Housing (Financial Provisions) Act 1958.

Transfers of housing stock between authorities in London

6(1)Where houses and other property within the Housing Revenue Account have been transferred from one authority to another under section 23(3) of the [1963 c. 33.] London Government Act 1963 (orders transferring land held by London borough council or Common Council of City of London), the Secretary of State may by order direct, for any of the purposes of this Part of this Act—

(a)within whose Housing Revenue Account the transferred houses and property are to be treated as falling; and

(b)how relevant items are to be treated in the Housing Revenue Accounts of the authorities to whom the order applies.

(2)The order may be made to apply to a description of local housing authorities specified in the order or to a specified local housing authority, and may make different provision in respect of different years or for different purposes in relation to the same year.

(3)An order under this paragraph may amend an order made under section 23(3) of the London Government Act 1963 and may provide that one authority shall pay to another in respect of houses and property to which it relates such amounts calculated by such methods and in respect of such items and such years as appear to the Secretary of State to be appropriate.

(4)An order under this paragraph—

(a)shall be made by the Secretary of State with the concurrence of the Treasury, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Before making an order under this paragraph, the Secretary of State shall consult such representatives of local government as appear to him to be appropriate; and, before making an order applying to a particular local housing authority, he shall consult that authority.

Contributions in respect of land in certain areas

7Where a contribution under—

(a)section 259 of the Housing Act 1985 (contributions by Secretary of State towards expenditure on general improvement area); or

(b)section 96 of this Act (contributions by Secretary of State towards expenditure on renewal area),

has been paid towards expenditure incurred by a local housing authority in relation to land held by them for the purposes of Part II of that Act (provision of housing), neither the expenditure nor the contribution shall be carried to the Housing Revenue Account except with the consent of the Secretary of State.

Part IVSupplementary Provisions

Duty to supply information

1(1)A local housing authority, and any officer or employee of a local housing authority concerned with their housing functions, shall supply the Secretary of State with such information as he may specify, either generally or in any particular case, for the purpose of enabling the Secretary of State to ascertain the state or likely state of the authority’s Housing Revenue Account for any year.

(2)A local housing authority shall supply the Secretary of State with such certificates supporting the information required by him as he may specify.

Directions excluding or modifying statutory provisions

2(1)The Secretary of State may, as respects any houses or other property within the Housing Revenue Account, direct that all or any of the provisions of this Part of this Act relating to the account shall not apply, or shall apply subject to such modifications as may be specified in the direction.

(2)The Secretary of State may direct that the provisions of this Part of this Act relating to the Housing Revenue Account shall apply to a local housing authority subject to such modifications as are specified in the direction.

(3)A direction may be given for such period and subject to such conditions as may be specified in the direction.

Orders amending statutory provisions

3(1)The Secretary of State may by order provide that all or any of the preceding provisions of this Schedule shall have effect subject to such amendments as are specified in the order.

(2)An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 139.

SCHEDULE 5Local Government Finance Act 1988: Amendments

Introduction

1The [1988 c. 41.] Local Government Finance Act 1988 shall be amended as mentioned in the following provisions of this Schedule.

Community charges

2(1)Section 2 (persons subject to personal community charge) shall be amended as follows.

(2)The following subsection shall be inserted after subsection (1)—

“(1A)But a person cannot be subject to a charging authority’s personal community charge on a day which falls before 1 December 1989.”

(3)The following subsections shall be substituted for subsection (5) (residence of students)—

“(5)Subsection (5A) below applies in the case of a person if—

(a)he is undertaking a full-time course of education, and

(b)for at least some of the time while undertaking the course he is, or proposes to be, resident in England and Wales for the purpose of making attendances in term time in connection with the course.

(5A)On a day on which he is undertaking the course he shall be treated as having his sole or main residence in—

(a)the place where he is resident at any time on the day for the purpose of making attendances in term time in connection with the course;

(b)if he is not resident in a place for that purpose at any time on the day, the place where he was last resident for that purpose;

(c)if he is not resident in a place for that purpose at any time on the day, and he has not been resident in a place for that purpose, the place where he would be taken to have his sole or main residence if this subsection did not apply to him.”

3In section 3 (persons subject to standard community charge) the following subsection shall be inserted after subsection (5)—

“(6)Notwithstanding anything in subsections (1) to (5) above, a person cannot be subject to a charging authority’s standard community charge on a day which falls before 1 December 1989.”

4In section 5 (persons subject to collective community charge) the following subsection shall be inserted after subsection (1)—

“(1A)But a person cannot be subject to a charging authority’s collective community charge on a day which falls before 1 December 1989.”

5The following section shall be inserted after section 13—

“13AReduced liability

(1)The Secretary of State may make regulations as regards any case where—

(a)a person is liable to pay an amount to an authority in respect of a personal community charge as it has effect for any chargeable financial year which is prescribed, and

(b)prescribed conditions are fulfilled.

(2)The regulations may provide that the amount he is liable to pay shall be an amount which—

(a)is less than the amount it would be apart from the regulations, and

(b)is found in accordance with prescribed rules.

(3)This section applies whether the liability to pay the amount mentioned in subsection (1) above arises under section 12 above or arises under that section read with section 13 above.

(4)The conditions mentioned in subsection (1) above may be prescribed by reference to such factors as the Secretary of State sees fit; and in particular such factors may include all or any of the following—

(a)rates for a period before 1 April 1990;

(b)the circumstances of, or other matters relating to, the person concerned;

(c)an amount relating to the authority concerned and specified, or to be specified, for the purposes of the regulations in a report laid, or to be laid, before the House of Commons;

(d)such other amounts as may be prescribed or arrived at in a prescribed manner;

(e)the making of an application by the person concerned.

(5)The rules mentioned in subsection (2) above may be prescribed by reference to such factors as the Secretary of State sees fit; and in particular such factors may include all or any of the factors mentioned in subsection (4)(a) to (d) above.

(6)Without prejudice to the generality of section 143(2) below, regulations under this section may include—

(a)provision requiring the Secretary of State to specify in a report, for the purposes of the regulations, an amount in relation to each charging authority;

(b)provision requiring him to lay the report before the House of Commons;

(c)provision for the review of any prescribed decision of a charging authority relating to the application or operation of the regulations;

(d)provision that no appeal may be made to a valuation and community charge tribunal in respect of such a decision, notwithstanding section 23(2) below.

(7)To the extent that he would not have power to do so apart from this subsection, the Secretary of State may—

(a)include in regulations under this section such amendments of any social security instrument as he thinks expedient in consequence of the regulations under this section;

(b)include in any social security instrument such provision as he thinks expedient in consequence of regulations under this section.

(8)In subsection (7) above “social security instrument” means an order or regulations made, or falling to be made, by the Secretary of State under the Social Security Act 1986.”

6In section 16 (joint and several liability: spouses) in subsection (1)(b) for “(read with section 13 above, where it is appropriate)” there shall be substituted “(or that section read with section 13 or 13A above, or both)”.

7In subsection (3) of section 26 (community charges registration officer for the Common Council) for the word “chamberlain” there shall be substituted “person having responsibility for the administration of certain of the financial affairs of the Council under section 6(1) of the Local Government and Housing Act 1989”.

8The following section shall be inserted after section 26—

“26ARegistration officer: information

(1)Subsection (2) below applies where—

(a)the Secretary of State serves a notice on a registration officer for a charging authority requiring him to supply to the Secretary of State information specified in the notice,

(b)the information is required by the Secretary of State for a purpose other than that of carrying out his functions under this Act, and

(c)the information is not personal information.

(2)The officer shall supply the information required, and shall do so in such form and manner and at such time as the Secretary of State specifies in the notice.

(3)Personal information is information which relates to an individual (living or dead) who can be identified from that information or from that and other information supplied to any person by the registration officer; and personal information includes any expression of opinion about the individual and any indication of the intentions of any person in respect of the individual.”

9(1)Section 30 (students) shall be amended as follows.

(2)The following subsection shall be inserted after subsection (1)—

“(1A)For the purposes of this Part a person shall be treated as undertaking a qualifying course of education on a particular day if (and only if) he fulfils such conditions as may be prescribed by regulations made by the Secretary of State.”

(3)In subsection (2)—

(a)for “The regulations” there shall be substituted “Regulations under this section”, and

(b)after “(1)” there shall be inserted “or (1A)”.

(4)In subsection (3) for “The regulations” there shall be substituted “Regulations under subsection (1) above”.

(5)The following subsection shall be inserted after subsection (3)—

“(3A)Regulations under subsection (1A) above must be so framed that undertaking a course of higher education is not treated as undertaking a qualifying course of education for the purposes of this Part.”

(6)In subsection (4) for “The regulations” there shall be substituted “Regulations under this section”.

(7)The following subsection shall be inserted after subsection (5)—

“(6)A course of higher education is a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.”

10(1)Schedule 1 (exemption) shall be amended as follows.

(2)The following paragraph shall be substituted for paragraph 5 (children)—

“5A person is an exempt individual on a particular day if the day falls within a week for which—

(a)a person is entitled to child benefit in respect of the individual, or

(b)a person would be entitled to child benefit in respect of the individual but for paragraph 1(c) of Schedule 1 to the Child Benefit Act 1975.”

(3)The following paragraphs shall be substituted for paragraph 6 (students)—

“6A person is an exempt individual on a particular day if—

(a)the day falls within a period in which he is undertaking a full-time course of education, and

(b)on the day he is resident in Scotland or Northern Ireland for the purpose of undertaking the course.

6AA person is an exempt individual on a particular day if—

(a)he is aged under 20 on the day,

(b)the day falls within a period in which he is undertaking a qualifying course of education, and

(c)the course is not undertaken in consequence of an office or employment held by the person.”

11(1)Schedule 2 (administration) shall be amended as follows.

(2)The following paragraphs shall be substituted for paragraph 2(2)(l)—

“(l)that a notice must be in a prescribed form,

(la)that a notice must contain prescribed matters,

(lb)that a notice must not contain other prescribed matters,

(lc)that where a notice is invalid because it does not comply with regulations under paragraph (l) or (la) above, and the circumstances are such as may be prescribed, a requirement contained in the notice by virtue of regulations under paragraph (f) or (k) above shall nevertheless have effect as if the notice were valid,

(ld)that where a notice is invalid because it does not comply with regulations under paragraph (l) above, and a requirement has effect by virtue of regulations under paragraph (lc) above, the authority must take prescribed steps to issue to the chargeable person a document in the form which the notice would have taken had it complied with regulations under paragraph (l) above,

(le)that where a notice is invalid because it does not comply with regulations under paragraph (la) above, and a requirement has effect by virtue of regulations under paragraph (lc) above, the authority must take prescribed steps to inform the chargeable person of such of the matters prescribed under paragraph (la) above as were not contained in the notice,”.

(3)In paragraph 2(2)(m) the words from “and” to the end shall be omitted.

(4)For paragraph 5 (discounts) there shall be substituted the following paragraphs—

“5(1)Regulations under this Schedule may include provision empowering an authority, subject to such conditions as may be prescribed, to accept, in such cases as the authority may determine and in satisfaction of a person’s sole liability to pay an amount (the chargeable amount) in respect of the authority’s community charge as it has effect for a chargeable financial year or any shorter period, an amount which—

(a)is determined by the authority; and

(b)is payable in a single lump sum; and

(c)is less than the authority’s estimate of the chargeable amount.

(2)The regulations may include provision empowering or requiring the authority to make such adjustments (whether by way of an additional sum due to the authority or by way of repayment or credit by the authority or otherwise) as may be prescribed where the chargeable amount is subsequently estimated to be or proves to be greater or less than the amount originally (or last) estimated.

(3)The regulations may include, as regards a case where persons are jointly and severally liable to pay the chargeable amount, provision equivalent to that included under sub-paragraphs (1) and (2) above subject to any modifications the Secretary of State sees fit.

(4)The regulations may include provision that, in a case where an authority have made provision by virtue of any of sub-paragraphs (1) to (3) above, any provision which is included in regulations under this Schedule by virtue of paragraph 2 or 3 above and is prescribed under this sub-paragraph shall not apply.

5A(1)Regulations under this Schedule may include provision that where—

(a)a person has sole liability to pay a sum on account in respect of an authority’s community charge,

(b)a sum smaller than that sum is paid, and

(c)such conditions as may be prescribed are fulfilled,

the authority may accept the smaller sum in satisfaction of the liability to pay the sum on account.

(2)The regulations may include provision that—

(a)for prescribed purposes the sum on account shall be treated as having been paid in full;

(b)for other prescribed purposes the fact that only the smaller sum has been paid shall be taken into account.

(3)The regulations may include, as regards a case where persons are jointly and severally liable to pay a sum on account in respect of an authority’s community charge, provision equivalent to that included under sub-paragraphs (1) and (2) above subject to any modifications the Secretary of State sees fit.”

(5)In paragraph 9 (information) in sub-paragraph (1) for “is mentioned in sub-paragraph (2)” there shall be substituted “falls within sub-paragraph (2) or (2A)”.

(6)In paragraph 9, in sub-paragraph (2) after “The information” there shall be inserted “falling within this sub-paragraph”.

(7)In paragraph 9, the following sub-paragraph shall be inserted after sub-paragraph (2)—

“(2A)The information falling within this sub-paragraph is information whether, on any day specified in the request, any person so specified is undertaking a qualifying course of education.”

(8)The following paragraph shall be inserted after paragraph 9—

“9A(1)Regulations under this Schedule may include provision that—

(a)a registrar of births and deaths shall supply to the registration officer for any appropriate charging authority which is prescribed such particulars of such deaths as may be prescribed;

(b)the Registrar General for England and Wales shall supply to the registration officer for any charging authority which is prescribed such particulars of such deaths as may be prescribed.

(2)The regulations may include provision as to the times at which and the manner in which the particulars are to be supplied.

(3)In relation to a registrar of births and deaths, an appropriate charging authority is a charging authority whose area includes all or part of, or falls within, the registrar’s sub-district.”

(9)Paragraph 12 (information) shall be omitted.

(10)The following paragraph shall be inserted after paragraph 13—

“13A(1)Regulations under this Schedule may include provision that a registration officer for a charging authority—

(a)may supply relevant information to any person who requests it for a purpose not relating to this Part;

(b)may charge a prescribed fee for supplying the information;

(c)shall account for and pay any such fee to the charging authority for which he is the registration officer.

(2)Information is relevant information if—

(a)it was obtained by the officer for the purpose of carrying out his functions under this Part, and

(b)it is not personal information.

(3)Personal information is information which relates to an individual (living or dead) who can be identified from that information or from that and other information supplied to any person by the registration officer; and personal information includes any expression of opinion about the individual and any indication of the intentions of any person in respect of the individual.”

12(1)Schedule 3 (penalties) shall be amended as follows.

(2)In paragraph 1(2), (4) and (6) for “a second time” there shall be substituted “again”.

(3)The following sub-paragraph shall be inserted after paragraph 1(7)—

“(7A)Sub-paragraphs (2), (4) and (6) above apply each time the authority repeats a request.”

(4)In paragraph 2(4), (6) and (9) for “a second time” there shall be substituted “again”.

(5)The following sub-paragraph shall be inserted after paragraph 2(11)—

“(11A)Sub-paragraphs (4), (6) and (9) above apply each time the officer repeats a request.”

13(1)Schedule 4 (enforcement) shall be amended as follows.

(2)In paragraph 3 (liability orders) the following sub-paragraph shall be inserted after sub-paragraph (2)—

“(2A)The regulations may include provision that, where the sum payable is paid after the order has been applied for but before it is made, the magistrates' court shall nonetheless make the order in respect of a sum (of an amount determined in accordance with prescribed rules) in respect of the costs incurred in applying for it.”

(3)In paragraph 4(2)(c) (information which a debtor under a liability order may be required to supply to a charging authority), at the end there shall be inserted “or is relevant to whether another person is jointly and severally liable with the debtor for the whole or any part of the amount in respect of which the liability order was made”.

(4)At the end of paragraph 10(1) (winding up) there shall be added “or, as the case may be, section 221(5)(b) of that Act (winding up of unregistered companies)”.

(5)In paragraph 15(4)(b) (restriction on other methods of enforcement where warrant of commitment issued or term of imprisonment fixed), for “or charging may be taken against that one” there shall be substituted “bankruptcy, winding up or charging may be taken against any of them”.

Charges and multipliers

14(1)Section 32 (amount for personal community charges) shall be amended as follows.

(2)The following subsections shall be inserted after subsection (2)—

“(2A)No amount may be set before the earlier of the following—

(a)1 March in the financial year preceding that for which the amount is set;

(b)the date of the issue to the authority of the last precept capable of being issued to it for the financial year for which the amount is set.

(2B)No amount may be set unless the authority has calculated an amount in relation to the year under section 95(4) below.

(2C)A purported setting of an amount, if done in contravention of subsection (2A) or (2B) above, shall be treated as not having occurred.”

(3)The following subsections shall be inserted after subsection (5)—

“(6)Where the authority is a relevant charging authority, for the purposes of subsection (2A) above no account shall be taken of any precept capable of being issued to it by a relevant precepting authority.

(7)For the purposes of subsection (6) above a district council, the Common Council and the Council of the Isles of Scilly are relevant charging authorities, and—

(a)in relation to a district council, a relevant precepting authority is any parish or community council, chairman of a parish meeting or charter trustees with power to issue a precept to the district council;

(b)in relation to the Common Council, a relevant precepting authority is the sub-treasurer of the Inner Temple or the under-treasurer of the Middle Temple;

(c)in relation to the Council of the Isles of Scilly, a relevant precepting authority is any parish council or chairman of a parish meeting with power to issue a precept to the Council.”

15(1)Section 33 (setting of different amounts for personal community charges) shall be amended as follows.

(2)In subsection (4)(a) for “its expenses needed to meet a levy” there shall be substituted “the expenses of meeting a levy or special levy”.

(3)In subsection (4) the word “and” at the end of paragraph (c) shall be omitted.

(4)In subsection (4) at the end of paragraph (d) there shall be inserted “; and

(e)provided a resolution of a charging authority to the following effect is in force, the expenses incurred by it in performing in a part of its area a function performed elsewhere in its area by a body with power to issue a levy or special levy to it are its special expenses or (if the resolution relates to some only of those expenses) those to which the resolution relates are its special expenses.”

(5)The following subsection shall be inserted after subsection (4)—

“(4A)The following rules shall apply to the making of a resolution under subsection (4)(e) above by a charging authority—

(a)no such resolution may be made unless the body mentioned in subsection (4)(e) above is one in relation to which the charging authority has made under subsection (4)(a) above a resolution which is in force;

(b)the resolution under subsection (4)(e) above may not be made so as to be in force at any time when that under subsection (4)(a) above is not in force;

(c)the fact that the resolution under subsection (4)(a) above relates to all the expenses concerned does not mean that the resolution under subsection (4)(e) above must relate to all the expenses concerned;

(d)the fact that the resolution under subsection (4)(a) above relates to part of the expenses concerned does not mean that the resolution under subsection (4)(e) above must relate to part, or any particular part, of the expenses concerned.”

16(1)Section 34 (power to set substituted amounts for personal community charges) shall be amended as follows.

(2)The following shall be substituted for subsection (2)—

“(2)Any amount set in substitution under this section—

(a)must be set in accordance with sections 32 and 33 above, ignoring section 32(2) for this purpose, and

(b)if set by a special authority as a result of its having set a multiplier in substitution under paragraph 10 of Schedule 7 below, must be set by reference to the multiplier set in substitution.”

(3)At the end of subsection (4) there shall be inserted “, or if the amount is set by a special authority as a result of its having set a multiplier in substitution under paragraph 10 of Schedule 7 below.”

17(1)Section 35 (duty to set substituted amounts for personal community charges) shall be amended as follows.

(2)In subsection (3) the following paragraph shall be inserted after paragraph (d)—

“(da)the amount must be set by reference to the estimates mentioned in section 32(4)(b) and (d) above and made by the authority when it set (or last set) an amount or amounts for the year under section 32 or 34 above;”.

(3)In subsection (3)(e) for “(d)” there shall be substituted “(da)”.

(4)In subsection (5) the following paragraph shall be inserted after paragraph (c)—

“(ca)the amount must be set by reference to the estimates mentioned in section 32(4)(b) and (d) above and made by the authority when it set (or last set) an amount or amounts for the year under section 32 or 34 above;”.

(5)In subsection (5)(d) for “and (c)” there shall be substituted “to (ca)”.

(6)Subsections (6) and (7) shall be omitted.

18(1)Section 40 (standard community charge multipliers) shall be amended as follows.

(2)In subsection (3) for “in regulations made by the Secretary of State” there shall be substituted “for the purposes of this section by the authority”.

(3)In subsection (4) for “specified” there shall be substituted “prescribed” and for “, 1½ and 2” there shall be substituted “and 1½”.

(4)The following subsections shall be substituted for subsection (11)—

“(11)A charging authority may specify a class for the purposes of this section by reference only to one or more of the following factors—

(a)the use to which properties are put or are intended to be put;

(b)whether properties are occupied;

(c)the period for which properties have been unoccupied;

(d)the circumstances, other than financial circumstances, of persons subject to standard community charges;

(e)the capacity in which persons are subject to standard community charges;

(f)whether properties fall within a class prescribed in regulations under this section.

(11A)The Secretary of State in regulations under this section may prescribe a class by reference to such factors as he sees fit.”

(5)In subsection (12) for “(11)” there shall be substituted “(11A)” and for “specified” there shall be substituted “prescribed”.

(6)The following subsections shall be inserted after subsection (12)—

“(13)An authority which has exercised the power to specify classes for the purposes of this section shall, before the end of 21 days beginning with the day of doing so, publish a notice giving details of the exercise of the power in at least one newspaper circulating in the authority’s area.

(14)Failure to comply with subsection (13) above does not invalidate the exercise of the power.

(15)The power of a charging authority to specify classes for the purposes of this section includes power to amend or revoke a specification made in exercise of the power.

(16)The Secretary of State may by order amend subsection (11) above by the insertion of such additional factors as he thinks fit.”

Non-domestic rating

19In section 41 (local rating lists) the following subsections shall be inserted after subsection (6)—

“(6A)As soon as is reasonably practicable after compiling a list the valuation officer shall send a copy of it to the authority.

(6B)As soon as is reasonably practicable after receiving the copy the authority shall deposit it at its principal office.”

20In section 42 (contents of local lists) in subsection (4) for paragraphs (a) and (b) there shall be substituted “the rateable value of the hereditament”.

21(1)Section 44 (occupied hereditaments: supplementary) shall be amended as follows.

(2)In subsection (2) the words from “or” to the end shall be omitted.

(3)Subsection (3) shall be omitted.

22The following section shall be inserted after section 44—

“44APartly occupied hereditaments

(1)Where a hereditament is shown in a charging authority’s local non-domestic rating list and it appears to the authority that part of the hereditament is unoccupied but will remain so for a short time only the authority may require the valuation officer for the authority to apportion the rateable value of the hereditament between the occupied and unoccupied parts of the hereditament and to certify the apportionment to the authority.

(2)The reference in subsection (1) above to the rateable value of the hereditament is a reference to the rateable value shown under section 42(4) above as regards the hereditament for the day on which the authority makes its requirement.

(3)For the purposes of this section an apportionment under subsection (1) above shall be treated as applicable for any day which—

(a)falls within the operative period in relation to the apportionment, and

(b)is a day for which the rateable value shown under section 42(4) above as regards the hereditament to which the apportionment relates is the same as that so shown for the day on which the authority requires the apportionment.

(4)References in this section to the operative period in relation to an apportionment are references to the period beginning—

(a)where requiring the apportionment does not have the effect of bringing to an end the operative period in relation to a previous apportionment under subsection (1) above, with the day on which the hereditament to which the apportionment relates became partly unoccupied, and

(b)where requiring the apportionment does have the effect of bringing to an end the operative period in relation to a previous apportionment under subsection (1) above, with the day immediately following the end of that period,

and ending with the first day on which one or more of the events listed below occurs.

(5)The events are—

(a)the occupation of any of the unoccupied part of the hereditament to which the apportionment relates;

(b)the ending of the rate period in which the authority requires the apportionment;

(c)the requiring of a further apportionment under subsection (1) above in relation to the hereditament to which the apportionment relates;

(d)the hereditament to which the apportionment relates becoming completely unoccupied.

(6)Subsection (7) below applies where—

(a)a charging authority requires an apportionment under subsection (1) above, and

(b)the hereditament to which the apportionment relates does not fall within a class prescribed under section 45(1)(d) below.

(7)In relation to any day for which the apportionment is applicable, section 43 above shall have effect as regards the hereditament as if the following subsections were substituted for section 44(2)—

“(2)A is such part of the rateable value shown for the day under section 42(4) above as regards the hereditament as is assigned by the relevant apportionment to the occupied part of the hereditament.

(2A)In subsection (2) above “the relevant apportionment” means the apportionment under section 44A(1) below which relates to the hereditament and is treated for the purposes of section 44A below as applicable for the day.”

(8)Subsection (9) below applies where—

(a)a charging authority requires an apportionment under subsection (1) above, and

(b)the hereditament to which the apportionment relates falls within a class prescribed under section 45(1)(d) below.

(9)In relation to any day for which the apportionment is applicable, section 43 above shall have effect as regards the hereditament as if the following subsections were substituted for section 44(2)—

“(2)A is the sum of—

(a)such part of the rateable value shown for the day under section 42(4) above as regards the hereditament as is assigned by the relevant apportionment to the occupied part of the hereditament, and

(b)one half of such part of that rateable value as is assigned by the relevant apportionment to the unoccupied part of the hereditament.

(2A)In subsection (2) above “the relevant apportionment” means the apportionment under section 44A(1) below which relates to the hereditament and is treated for the purposes of section 44A below as applicable for the day.”

(10)References in subsections (1) to (5) above to the hereditament, in relation to a hereditament which is partly domestic property or partly exempt from local non-domestic rating, shall, except where the reference is to the rateable value of the hereditament, be construed as references to such part of the hereditament as is neither domestic property nor exempt from local non-domestic rating.”

23(1)Section 45 (unoccupied hereditaments: liability) shall be amended as follows.

(2)In subsection (1)(d) for “description” there shall be substituted “class”.

(3)The following subsections shall be inserted after subsection (8)—

“(9)For the purposes of subsection (1)(d) above a class may be prescribed by reference to such factors as the Secretary of State sees fit.

(10)Without prejudice to the generality of subsection (9) above, a class may be prescribed by reference to one or more of the following factors—

(a)the physical characteristics of hereditaments;

(b)the fact that hereditaments have been unoccupied at any time preceding the day mentioned in subsection (1) above;

(c)the fact that the owners of hereditaments fall within prescribed descriptions.”

24In section 46 (unoccupied hereditaments: supplementary) in subsection (2) the words from “or” to the end shall be omitted.

25The following section shall be inserted after section 46—

“46AUnoccupied hereditaments: new buildings

(1)Schedule 4A below (which makes provision with respect to the determination of a day as the completion day in relation to a new building) shall have effect.

(2)Where—

(a)a completion notice is served under Schedule 4A below, and

(b)the building to which the notice relates is not completed on or before the relevant day,

then for the purposes of section 42 above and Schedule 6 below the building shall be deemed to be completed on that day.

(3)For the purposes of subsection (2) above the relevant day in relation to a completion notice is—

(a)where an appeal against the notice is brought under paragraph 4 of Schedule 4A below, the day stated in the notice, and

(b)where no appeal against the notice is brought under that paragraph, the day determined under that Schedule as the completion day in relation to the building to which the notice relates.

(4)Where—

(a)a day is determined under Schedule 4A below as the completion day in relation to a new building, and

(b)the building is not occupied on that day,

it shall be deemed for the purposes of section 45 above to become unoccupied on that day.

(5)Where—

(a)a day is determined under Schedule 4A below as the completion day in relation to a new building, and

(b)the building is one produced by the structural alteration of an existing building,

the hereditament which comprised the existing building shall be deemed for the purposes of section 45 above to have ceased to exist, and to have been omitted from the list, on that day.

(6)In this section—

(a)“building” includes part of a building, and

(b)references to a new building include references to a building produced by the structural alteration of an existing building where the existing building is comprised in a hereditament which, by virtue of the alteration, becomes, or becomes part of, a different hereditament or different hereditaments.”

26(1)Section 47 (discretionary relief) shall be amended as follows.

(2)In subsection (1)(b) for “regulations under section 57 below or regulations under section 58 below” there shall be substituted “regulations under section 58 below or any provision of or made under Schedule 7A below”.

(3)In subsection (5) for “57 or 58 below” there shall be substituted “58 below and of any provision of or made under Schedule 7A below”.

27In section 49 (reduction or remission of liability) in subsection (3) for the words from “and the effect” to the end of the subsection there shall be substituted “, the effect of any regulations under section 58 below, and the effect of any provision of or made under Schedule 7A below.”

28In section 52 (central rating lists) the following subsections shall be inserted after subsection (6)—

“(6A)As soon as is reasonably practicable after compiling a list the central valuation officer shall send a copy of it to the Secretary of State.

(6B)As soon as is reasonably practicable after receiving the copy the Secretary of State shall deposit it at his principal office.”

29(1)Section 53 (contents of central lists) shall be amended as follows.

(2)In subsection (1) for “a description” there shall be substituted “one or more descriptions”.

(3)In subsection (2)(b) for “the” there shall be substituted “any”.

(4)For subsection (4) there shall be substituted the following subsections—

“(4)Where regulations are for the time being in force under this section prescribing a description of non-domestic hereditament in relation to a person designated in the regulations (“the previously designated person”), amending regulations altering the designated person in relation to whom that description of hereditament is prescribed may have effect from a date earlier than that on which the amending regulations are made.

(4A)Where, by virtue of subsection (4) above, the designated person in relation to any description of non-domestic hereditament is changed from a date earlier than the making of the regulations,—

(a)any necessary alteration shall be made with effect from that date to a central non-domestic rating list on which any hereditament concerned is shown; and

(b)an order making the provision referred to in paragraph 3(2) of Schedule 6 below and specifying a description of hereditament by reference to the previously designated person shall be treated, with effect from that date, as referring to the person designated by the amending regulations.”

30(1)Section 55 (alteration of lists) shall be amended as follows.

(2)In subsection (4) (content of regulations)—

(a)in paragraph (b) after “as to the” there shall be inserted “manner and” and at the end there shall be added “and the information to be included in a proposal”;

(b)in paragraph (d) for “making” there shall be substituted “and subsequent to the making of”; and

(c)after paragraph (d) there shall be inserted—

“(dd)as to the circumstances within which and the conditions upon which a proposal may be withdrawn”.

(3)In subsection (5) (regulations about appeals), for the words from “about” to “its alteration” there shall be substituted “between a valuation officer and another person making a proposal for the alteration of a list—

(a)about the validity of the proposal; or

(b)about the accuracy of the list”.

(4)In subsection (7)(b) the words “at a prescribed rate” shall be omitted.

(5)The following subsection shall be inserted after subsection (7)—

“(7A)The regulations may include provision that—

(a)where a valuation officer for a charging authority has informed the authority of an alteration of a list a copy of which has been deposited by the authority under section 41(6B) above, the authority must alter the copy accordingly;

(b)where the central valuation officer has informed the Secretary of State of an alteration of a list a copy of which has been deposited under section 52(6B) above, the Secretary of State must alter the copy accordingly.”

31The following section shall be substituted for section 57 (special provision for 1990-95)—

“57Special provision for 1990-95

Schedule 7A below (which contains special provision for 1990–95) shall have effect.”

32The following section shall be substituted for section 59—

“59Contributions in aid

Where a contribution in aid of non-domestic rating is made in respect of a Crown hereditament, the contribution shall be paid to the Secretary of State.”

33In section 64 (hereditaments) the following subsections shall be inserted after subsection (7)—

“(7A)The Secretary of State may by order provide that subsection (6) above shall also apply in relation to any hereditament of a prescribed class.

(7B)For the purposes of subsection (7A) above a class may be prescribed by reference to such factors as the Secretary of State sees fit.

(7C)Without prejudice to the generality of subsection (7B) above, a class may be prescribed by reference to one or more of the following factors—

(a)the physical characteristics of hereditaments;

(b)the fact that hereditaments are unoccupied or are occupied for prescribed purposes or by persons of prescribed descriptions.

(7D)A hereditament is a Crown hereditament if—

(a)it is occupied by or on behalf of the Crown for public purposes,

(b)though unoccupied, it appears that it will be occupied by or on behalf of the Crown for public purposes when next in occupation, or

(c)it is provided and maintained by an authority mentioned in subsection (7) above for purposes connected with the administration of justice, police purposes or other Crown purposes.”

34In section 65 (owners and occupiers) the following subsection shall be inserted after subsection (8)—

“(8A)In a case where—

(a)land consisting of a hereditament is used (permanently or temporarily) for the exhibition of advertisements or for the erection of a structure used for the exhibition of advertisements,

(b)section 64(2) above does not apply, and

(c)apart from this subsection, the hereditament is not occupied,

the hereditament shall be treated as occupied by the person permitting it to be so used or, if that person cannot be ascertained, its owner.”

35(1)Section 67 (interpretation etc.) shall be amended as follows.

(2)In subsection (5) after “property on a particular day,” there shall be inserted “or is a Crown hereditament on a particular day,”.

(3)The following subsection shall be inserted after subsection (9) (power to show class of hereditament in central non-domestic rating list)—

“(9A)In subsection (9) above “class” means a class expressed by reference to whether hereditaments—

(a)are occupied or owned by a person designated under section 53(1) above, and

(b)fall within any description prescribed in relation to him under section 53(1).”

36The following Schedule shall be inserted after Schedule 4—

“SCHEDULE 4ANon-Domestic Rating: New Buildings (Completion Days)

Completion notices

1(1)If it comes to the notice of a charging authority that the work remaining to be done on a new building in its area is such that the building can reasonably be expected to be completed within 3 months, the authority shall serve a notice under this paragraph on the owner of the building as soon as is reasonably practicable unless the valuation officer otherwise directs in writing.

(2)If it comes to the notice of a charging authority that a new building in its area has been completed, the authority may serve a notice under this paragraph on the owner of the building unless the valuation officer otherwise directs in writing.

(3)A charging authority may withdraw a notice under this paragraph by serving on the owner of the building to which the notice relates a subsequent notice under this paragraph.

(4)Where an appeal under paragraph 4 below has been brought against a notice under this paragraph, the power conferred by sub-paragraph (3) above shall only be exercisable with the consent in writing of the owner of the building to which the notice relates.

(5)The power conferred by sub-paragraph (3) above shall cease to be exercisable in relation to a notice under this paragraph once a day has been determined under this Schedule as the completion day in relation to the building to which the notice relates.

(6)In this Schedule “completion notice” means a notice under this paragraph.

2(1)A completion notice shall specify the building to which it relates and state the day which the authority proposes as the completion day in relation to the building.

(2)Where at the time a completion notice is served it appears to the authority that the building to which the notice relates is not completed, the authority shall propose as the completion day such day, not later than 3 months from and including the day on which the notice is served, as the authority considers is a day by which the building can reasonably be expected to be completed.

(3)Where at the time a completion notice is served it appears to the authority that the building to which the notice relates is completed, the authority shall propose as the completion day the day on which the notice is served.

Determination of completion day

3(1)If the person on whom a completion notice is served agrees in writing with the authority by whom the notice is served that a day specified by the agreement shall be the completion day in relation to the building, that day shall be the completion day in relation to it.

(2)Where such an agreement as is mentioned in sub-paragraph (1) above is made, the completion notice relating to the building shall be deemed to have been withdrawn.

4(1)A person on whom a completion notice is served may appeal to a valuation and community charge tribunal against the notice on the ground that the building to which the notice relates has not been or, as the case may be, cannot reasonably be expected to be completed by the day stated in the notice.

(2)Where a person appeals against a completion notice and the appeal is not withdrawn or dismissed, the completion day shall be such day as the tribunal shall determine.

5Where a completion notice is not withdrawn and no appeal under paragraph 4 above is brought against the notice or any appeal under that paragraph is dismissed or withdrawn, the day stated in the notice shall be the completion day in relation to the building.

Position pending appeal

6(1)Where an appeal under paragraph 4 above is brought against a completion notice, then in relation to any day on which the appeal is pending section 45 above shall apply by virtue of section 46A(4) above as if the day stated in the notice had been determined under this Schedule as the completion day in relation to the building to which the notice relates.

(2)The Secretary of State may make regulations providing for the making of financial adjustments where sub-paragraph (1) applies but the day stated in the completion notice is not actually determined as the completion day in relation to the building to which the notice relates.

(3)Regulations under sub-paragraph (2) above may include—

(a)provision requiring payments to be made,

(b)provision requiring payments to be made together with payments of interest, and

(c)provision as to the recovery (by deduction or otherwise) of sums due.

(4)For the purpose of deciding, for the purposes of this paragraph, whether an appeal is pending on a particular day, the state of affairs existing immediately before the day ends shall be treated as having existed throughout the day.

Duty to inform valuation officer

7(1)A charging authority shall supply to the valuation officer a copy of any completion notice served by it.

(2)If a charging authority withdraws a completion notice, it shall inform the valuation officer of that fact.

(3)A charging authority shall supply the valuation officer with details of any agreement to which it is a party and by virtue of which a completion day is determined under this Schedule in relation to a building.

Supplementary

8Without prejudice to any other mode of service, a completion notice may be served on a person—

(a)by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode or, in a case where an address for service has been given by that person, at that address;

(b)in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office or sending it in a prepaid registered letter or by the recorded delivery service addressed to the secretary or clerk of the company or body at that office; or

(c)where the name or address of that person cannot be ascertained after reasonable inquiry, by addressing it to him by the description of “owner” of the building (describing it) to which the notice relates and by affixing it to some conspicuous part of the building.

9(1)This paragraph applies in the case of a building to which work remains to be done which is customarily done to a building of the type in question after the building has been substantially completed.

(2)It shall be assumed for the purposes of this Schedule that the building has been or can reasonably be expected to be completed at the end of such period beginning with the date of its completion apart from the work as is reasonably required for carrying out the work.

10(1)Section 46A(6) applies for the purposes of this Schedule.

(2)In this Schedule—

• “completion notice” has the meaning given by paragraph 1(6) above;

• “owner”, in relation to a building, means the person entitled to possession of the building;

• references to the valuation officer, in relation to a charging authority, are references to the valuation officer for the authority.”

37(1)Schedule 5 (exemptions) shall be amended as follows.

(2)In paragraph 7 (agricultural buildings) in each of sub-paragraphs (1)(b) and (3), for “(together with the body)” there shall be substituted “or are together with the body”.

(3)In paragraph 9 (exemption for fish farms) the following shall be inserted after sub-paragraph (4)—

“(4A)But an activity does not constitute fish farming if the fish or shellfish are or include fish or shellfish which—

(a)are purely ornamental, or

(b)are bred, reared or cultivated for exhibition.”

(4)After paragraph 18 there shall be inserted—

“Road crossings over watercourses etc.

18A(1)A hereditament which is occupied (as mentioned in section 65 of this Act) is exempt to the extent that it consists of, or of any of the appurtenances of, a fixed road crossing over an estuary, river or other watercourse.

(2)For the purposes of this paragraph, a fixed road crossing means a bridge, viaduct, tunnel or other construction providing a means for road vehicles or pedestrians or both to cross the estuary, river or other watercourse concerned.

(3)For the purposes of sub-paragraph (2) above—

(a)a bridge may be a fixed road crossing notwithstanding that it is designed so that part of it can be swung, raised or otherwise moved in order to facilitate passage across, above or below it; but

(b)the expression “bridge” does not include a floating bridge, that is to say, a ferry operating between fixed chains.

(4)The reference in sub-paragraph (1) above to the appurtenances of a fixed road crossing is a reference to—

(a)the carriageway and any footway thereof;

(b)any building, other than office buildings, used in connection with the crossing; and

(c)any machinery, apparatus or works used in connection with the crossing or with any of the items mentioned in paragraphs (a) and (b) above.”

38(1)Schedule 6 shall be amended as follows.

(2)In paragraph 1 the words “, and parts of them,” shall be omitted.

(3)In paragraph 2, in sub-paragraph (1) after “non-domestic hereditament” there shall be inserted “none of which consists of domestic property and none of which is exempt from local non-domestic rating”.

(4)In paragraph 2, the following sub-paragraphs shall be inserted after sub-paragraph (1)—

“(1A)The rateable value of a composite hereditament none of which is exempt from local non-domestic rating shall be taken to be an amount equal to the rent which, assuming such a letting of the hereditament as is required to be assumed for the purposes of sub-paragraph (1) above, would reasonably be attributable to the non-domestic use of property.

(1B)The rateable value of a non-domestic hereditament which is partially exempt from local non-domestic rating shall be taken to be an amount equal to the rent which, assuming such a letting of the hereditament as is required to be assumed for the purposes of sub-paragraph (1) above, would, as regards the part of the hereditament which is not exempt from local non-domestic rating, be reasonably attributable to the non-domestic use of property.”

(5)In paragraph 2, in sub-paragraph (6) for the words from “day the alteration” to the end there shall be substituted “material day.”

(6)In paragraph 2, the following sub-paragraph shall be inserted after sub-paragraph (6)—

“(6A)For the purposes of sub-paragraph (6) above—

(a)where the determination is occasioned by a proposal for an alteration disputing the accuracy of a previous alteration to the list, the material day is the day by reference to which the matters mentioned in sub-paragraph (7) below fell to be assessed when determining the rateable value with a view to making the disputed alteration;

(b)where the determination is occasioned by any proposal for an alteration other than one disputing the accuracy of a previous alteration to the list, the material day is the day the proposal is made;

(c)where the determination is occasioned otherwise than by a proposal for an alteration, the material day is the day the alteration is entered in the list.”

(7)In paragraph 2, in sub-paragraph (7) after paragraph (c) there shall be inserted—

“(cc)the quantity of refuse or waste material which is brought onto and permanently deposited on the hereditament,”.

(8)In paragraph 2, in sub-paragraph (8) for “description” there shall be substituted “class”.

(9)In paragraph 2, in sub-paragraph (9) after “(1)” there shall be inserted “, (1A) or (1B)”.

(10)In paragraph 2, the following sub-paragraphs shall be inserted after sub-paragraph (10)—

“(11)For the purposes of sub-paragraph (8) above a class may be prescribed by reference to such factors as the Secretary of State sees fit.

(12)Without prejudice to the generality of sub-paragraph (11) above, a class may be prescribed by reference to one or more of the following factors—

(a)the physical characteristics of hereditaments;

(b)the fact that hereditaments are unoccupied or are occupied for prescribed purposes or by persons of prescribed descriptions.

(13)In this paragraph references to the non-domestic use of property are references to use otherwise than in such a manner as to constitute the property domestic property.”

(11)The following paragraphs shall be inserted after paragraph 2—

“2A(1)This paragraph applies to any hereditament the whole or any part of which consists in buildings which are—

(a)used for the breeding and rearing of horses or ponies or for either of those purposes; and

(b)are occupied together with any agricultural land or agricultural building.

(2)The rateable value of any hereditament to which this paragraph applies shall be taken to be the amount determined under paragraph 2 above less whichever is the smaller of the following amounts—

(a)such amount as the Secretary of State may by order specify for the purposes of this paragraph; and

(b)the amount which but for this paragraph would be determined under paragraph 2 above in respect of so much of the hereditament as consists of buildings so used and occupied.

(3)In this paragraph—

• “agricultural land” means any land of more than two hectares which is agricultural land within the meaning of paragraph 2 of Schedule 5 above and is not land used exclusively for the pasturing of horses or ponies; and

• “agricultural building” shall be construed in accordance with paragraphs 3 to 7 of that Schedule.

2B(1)This paragraph applies where—

(a)the rateable value of a hereditament consisting of an area of a caravan site is determined with a view to making an alteration to a list which has been compiled (whether or not it is still in force),

(b)the area is treated as one hereditament by virtue of regulations under section 64(3)(b),

(c)immediately before the day the alteration is entered in the list or (if the alteration is made in pursuance of a proposal) the day the proposal is made, the list includes a hereditament consisting of an area of the caravan site treated as one hereditament by virtue of such regulations, and

(d)the area mentioned in paragraph (b) above and the area mentioned in paragraph (c) above are wholly or partly the same.

(2)In relation to a caravan pitch which is included both in the area mentioned in sub-paragraph (1)(b) above and in the area mentioned in sub-paragraph (1)(c) above, sub-paragraph (3) below rather than paragraph 2(6) above shall apply as respects the matters mentioned in sub-paragraph (4) below.

(3)The matters mentioned in sub-paragraph (4) below shall be taken to be as they were assumed to be for the purposes of determining the rateable value of the hereditament mentioned in sub-paragraph (1)(c) above when that rateable value was last determined.

(4)The matters are—

(a)the nature of the caravan on the pitch, and

(b)the physical state of that caravan.

(5)For the purposes of this paragraph—

• “caravan” has the same meaning as it has for the purposes of Part I of the Caravan Sites and Control of Development Act 1960, and

• “caravan site” means any land in respect of which a site licence is required under Part I of that Act, or would be so required if paragraph 4 and paragraph 11 of Schedule 1 to the Act (exemption of certain land occupied and supervised by organisations concerned with recreational activities and of land occupied by local authorities) were omitted.”

(12)In paragraph 3(1)—

(a)for “description” there shall be substituted “class”, and

(b)for “paragraph 2” there shall be substituted “paragraphs 2 to 2B”.

(13)In paragraph 3(2) for “paragraph 2” there shall be substituted “paragraphs 2 to 2B”.

(14)In paragraph 3, the following sub-paragraphs shall be inserted after sub-paragraph (2)—

“(3)For the purposes of sub-paragraph (1) above a class may be prescribed by reference to such factors as the Secretary of State sees fit.

(4)Without prejudice to the generality of sub-paragraph (3) above, a class may be prescribed by reference to one or more of the following factors—

(a)the physical characteristics of hereditaments;

(b)the fact that hereditaments are unoccupied or are occupied for prescribed purposes or by persons of prescribed descriptions.”

(15)Paragraph 4 shall be omitted.

39(1)Schedule 7 (multipliers) shall be amended as follows.

(2)In paragraph 7(1) for the words from “Regulations” to “that” there shall be substituted “In relation to a relevant financial year the Secretary of State may make regulations providing that”.

(3)In paragraph 8(3) for “section 57” there shall be substituted “paragraph 7”.

(4)In paragraph 9(4) (certain orders ineffective unless in force before 1 January) for “January” there shall be substituted “March”.

(5)In paragraph 10(1) (special authority’s power to set multiplier in substitution) the words “because of a failure to fulfil paragraph 9(2) or (3) above” shall be omitted.

40The following Schedule shall be inserted after Schedule 7—

“SCHEDULE 7ANon-Domestic Rating: 1990-95

Definitions

1(1)The transitional period is the period consisting of the financial years beginning in 1990, 1991, 1992, 1993 and 1994.

(2)A transitional day is a day falling in the transitional period.

2(1)As regards a transitional day a hereditament is a defined hereditament if the first and second conditions are fulfilled; but this is subject to sub-paragraphs (4) and (5) below.

(2)The first condition is that the hereditament is shown for 31 March 1990 in a valuation list maintained under Part V of the 1967 Act.

(3)The second condition is that the hereditament is shown in a local non-domestic rating list, and a rateable value is shown in the list for the hereditament, for—

(a)1 April 1990,

(b)the transitional day (if different from 1 April 1990), and

(c)each day (if any) falling after 1 April 1990 and before the transitional day.

(4)If the hereditament is not a right falling within section 64(2) above, the hereditament is not a defined hereditament as regards the transitional day unless the rateable value shown for the hereditament in the local non-domestic rating list for 1 April 1990 is £500 or more.

(5)If the hereditament is one falling within sub-paragraph (8) below, the hereditament is not a defined hereditament as regards the transitional day unless a person who is a qualifying person in relation to the hereditament as regards that day is also a person to whom sub-paragraph (6) or (7) below applies.

(6)This sub-paragraph applies to a person if—

(a)he occupied all or part of the hereditament on 31 March 1990, and

(b)he has been a qualifying person in relation to the hereditament as regards each day (if any) falling after 31 March 1990 and before the transitional day.

(7)This sub-paragraph applies to a person if—

(a)he was the owner of the whole of the hereditament on 31 March 1990,

(b)none of the hereditament was occupied on 31 March 1990,

(c)he occupied all or part of the hereditament on at least one day in the period beginning with 1 April 1988 and ending with 30 March 1990, and

(d)he has been a qualifying person in relation to the hereditament as regards each day which falls before the transitional day and falls after the last (or only) day in the period mentioned in paragraph (c) above on which he occupied all or part of the hereditament.

(8)A hereditament falls within this sub-paragraph if, assuming it to be a defined hereditament as regards 1 April 1990, paragraph 9 below would apply to the hereditament for that day by virtue of paragraph 7 below.

(9)For the purposes of this paragraph a person is a qualifying person in relation to a hereditament as regards a day if—

(a)he occupies all or part of the hereditament on that day, or

(b)where none of the hereditament is occupied on that day, he is the owner of the whole of the hereditament on that day.

3(1)The notional chargeable amount for a hereditament for each day in a relevant year shall be found by applying the formula—

(2)A is the rateable value shown for the hereditament for 1 April 1990 in the local non-domestic rating list.

(3)Subject to sub-paragraph (4) below, B is the non-domestic rating multiplier for the relevant year concerned.

(4)Where the hereditament is situated in the area of a special authority, B is the authority’s non-domestic rating multiplier for the relevant year concerned.

(5)C is the number of days in the relevant year concerned.

(6)Relevant years are financial years falling in the transitional period.

4(1)The base liability for a hereditament for each day in the financial year beginning in 1990 shall be found by applying the formula—

(2)A is the rateable value of the hereditament, as determined under paragraph 6 below.

(3)B is the general rate poundage effective for 31 March 1990 for the rating area (within the meaning of the 1967 Act) in which the hereditament is situated.

(4)C is the number of days in the financial year beginning in 1989.

(5)The base liability for a hereditament for each day in a relevant year (the year concerned) other than the financial year beginning in 1990 shall be found by applying the formula—

(6)Relevant years are financial years falling in the transitional period.

(7)BL is the base liability for the hereditament for each day in the financial year immediately preceding the year concerned.

(8)AF is the appropriate fraction for the hereditament for each day in the financial year immediately preceding the year concerned.

5(1)Sub-paragraph (2) below applies in a case where the notional chargeable amount for a hereditament for each day in a relevant year exceeds the base liability for the hereditament for each day in the year.

(2)The appropriate fraction for the hereditament for each day in the year shall be found by applying the formula—

(3)X is 120 if—

(a)the hereditament is situated in Greater London and the rateable value shown for it in the local non-domestic rating list for 1 April 1990 is £15,000 or more, or

(b)it is situated outside Greater London and the rateable value shown for it in the local non-domestic rating list for 1 April 1990 is £10,000 or more.

(4)X is 115 if—

(a)the hereditament is situated in Greater London and the rateable value shown for it in the local non-domestic rating list for 1 April 1990 is less than £15,000, or

(b)it is situated outside Greater London and the rateable value shown for it in the local non-domestic rating list for 1 April 1990 is less than £10,000.

(5)RPI(1) is the retail prices index for September of the financial year preceding the relevant year concerned.

(6)RPI(2) is the retail prices index for September of the financial year which precedes that preceding the relevant year concerned.

(7)Sub-paragraph (8) below applies in a case where the notional chargeable amount for a hereditament for each day in a relevant year does not exceed the base liability for the hereditament for each day in the year.

(8)The appropriate fraction for the hereditament for each day in the year shall be such as is—

(a)specified for the case by order made by the Secretary of State, or

(b)found in accordance with rules prescribed for the case by order so made.

(9)In making an order under this paragraph the Secretary of State shall have regard to the object of securing (so far as practicable) that the aggregate amount payable to him and all charging authorities by way of non-domestic rates as regards a relevant year is the same as it would in his opinion be likely to be apart from this Schedule.

(10)Relevant years are financial years falling in the transitional period.

6(1)This paragraph has effect to determine A in relation to a hereditament for the purposes of paragraph 4 above.

(2)In a case where a rateable value is shown for the hereditament for 15 February 1989 in the old valuation list, A is the value so shown; but this is subject to sub-paragraph (3) below.

(3)If—

(a)a relevant proposal is (or relevant proposals are) made to alter the rateable value shown for the hereditament in that list, and

(b)as a result of any such proposal a rateable value is shown for the hereditament in that list for a relevant day,

A is the rateable value shown in that list for the hereditament for the last (or only) relevant day for which a rateable value is shown as a result of any such proposal.

(4)For the purposes of sub-paragraph (3) above a relevant proposal is a proposal—

(a)made by a valuation officer at any time, or

(b)made by a person other than a valuation officer, and received by a valuation officer, before 15 February 1989.

(5)In a case where a rateable value is not shown for the hereditament for 15 February 1989 in the old valuation list, A is the rateable value shown in that list for the hereditament for the first relevant day for which a rateable value is shown; but this is subject to sub-paragraph (6) below.

(6)If—

(a)a relevant proposal is (or relevant proposals are) made to alter the rateable value shown for the hereditament in that list, and

(b)as a result of any such proposal a rateable value is shown for the hereditament in that list for a relevant day,

A is the rateable value shown in that list for the hereditament for the last (or only) relevant day for which a rateable value is shown as a result of any such proposal.

(7)For the purposes of sub-paragraph (6) above a relevant proposal is a proposal made by a valuation officer at any time.

(8)In the case of a hereditament—

(a)occupied by or on behalf of the Crown for public purposes in the period beginning with 15 February 1989 and ending with 31 March 1990, and

(b)in respect of which a contribution is made by the Crown in aid of rates for that period,

references in sub-paragraphs (2) to (6) above to rateable value are to value representing rateable value (which is required to be shown by section 37 of the 1967 Act).

(9)For the purposes of this paragraph a relevant day is a day falling after 15 February 1989 and before 1 April 1990.

(10)For the purposes of this paragraph the old valuation list is the valuation list, maintained under Part V of the 1967 Act, in which the hereditament is shown for 31 March 1990.

Chargeable amounts

7(1)Paragraph 9 below applies to a hereditament for a transitional day (the day concerned) if—

(a)as regards the hereditament the day concerned is a chargeable day for which a chargeable amount falls to be determined under section 43 above,

(b)as regards the day concerned the hereditament is a defined hereditament,

(c)NCA exceeds BL,

(d)NCA exceeds (BL x AF), and

(e)in a case where the day concerned is not 1 April 1990, paragraph 9 below applies to the hereditament for each transitional day preceding the day concerned, and it does so by virtue of this paragraph.

(2)In a case where the hereditament is situated in the area of a special authority, the reference to (BL × AF) is a reference to it adjusted by finding the appropriate amount and—

(a)if the appropriate amount is positive, adding it to (BL x AF), or

(b)if the appropriate amount is negative, subtracting the equivalent positive amount from (BL × AF).

(3)For the purposes of sub-paragraph (2) above the appropriate amount is the amount found by applying the formula—

(4)For the purposes of this paragraph—

(a)NCA is the notional chargeable amount for the hereditament for the day concerned,

(b)BL is the base liability for the hereditament for the day concerned,

(c)AF is the appropriate fraction for the hereditament for the day concerned,

(d)D is the rateable value shown for the hereditament in the local non-domestic rating list for 1 April 1990,

(e)E is the non-domestic rating multiplier of the special authority concerned for the financial year in which the day concerned falls,

(f)F is the non-domestic rating multiplier for the financial year in which the day concerned falls, and

(g)G is the number of days in the financial year in which the day concerned falls.

8(1)Paragraph 9 below applies to a hereditament for a transitional day (the day concerned) if—

(a)as regards the hereditament the day concerned is a chargeable day for which a chargeable amount falls to be determined under section 43 above,

(b)as regards the day concerned the hereditament is a defined hereditament,

(c)NCA is less than BL,

(d)NCA is less than (BL × AF), and

(e)in a case where the day concerned is not 1 April 1990, paragraph 9 below applies to the hereditament for each transitional day preceding the day concerned, and it does so by virtue of this paragraph.

(2)In a case where the hereditament is situated in the area of a special authority, the reference to (BL × AF) is a reference to it adjusted by finding the appropriate amount and—

(a)if the appropriate amount is positive, adding it to (BL × AF), or

(b)if the appropriate amount is negative, subtracting the equivalent positive amount from (BL × AF).

(3)For the purposes of sub-paragraph (2) above the appropriate amount is the amount found by applying the formula—

(4)For the purposes of this paragraph—

(a)NCA is the notional chargeable amount for the hereditament for the day concerned,

(b)BL is the base liability for the hereditament for the day concerned,

(c)AF is the appropriate fraction for the hereditament for the day concerned,

(d)D is the rateable value shown for the hereditament in the local non-domestic rating list for 1 April 1990,

(e)E is the non-domestic rating multiplier of the special authority concerned for the financial year in which the day concerned falls,

(f)F is the non-domestic rating multiplier for the financial year in which the day concerned falls, and

(g)G is the number of days in the financial year in which the day concerned falls.

9(1)In a case where this paragraph applies, for the purpose of ascertaining the chargeable amount for the day concerned under section 43 above that section shall have effect subject to the following amendments.

(2)The following subsections shall be substituted for subsections (4) and (5)—

“(4)Subject to subsection (5) below, the chargeable amount for a chargeable day shall be calculated by finding the amount represented by (BL x AF).

(5)Where subsection (6) below applies the chargeable amount for a chargeable day shall be calculated by—

(a)finding the amount represented by (BL x AF), and

(b)dividing that amount by 5.”

(3)The following subsections shall be inserted after subsection (6)—

“(6A)In a case where the hereditament is situated in the area of a special authority, a reference to (BL x AF) is a reference to it adjusted by finding the appropriate amount and—

(a)if the appropriate amount is positive, adding it to (BL x AF), or

(b)if the appropriate amount is negative, subtracting the equivalent positive amount from (BL x AF).

(6B)For the purposes of subsection (6A) above the appropriate amount is the amount found by applying the formula—

”

(4)For the purposes of section 43 above as amended by this paragraph BL, AF, D, E, F and G shall be construed in accordance with paragraphs 7 and 8 above.

Regulations

10(1)The Secretary of State may make regulations containing rules about the determination under section 45 or 54 above of a chargeable amount for a transitional day.

(2)The rules may make provision which he considers to be equivalent to that made by or under paragraphs 1 to 9 above, subject to any modifications he thinks fit.

11(1)The Secretary of State may make regulations containing rules supplementing or modifying or excluding, for any case he considers appropriate and to such extent as he considers appropriate, any relevant provision.

(2)For the purpose of the determination under section 43, 45 or 54 above of a chargeable amount for a transitional day, the Secretary of State may make regulations applying any relevant provision (subject to any modifications he thinks fit) to any case—

(a)where he considers it appropriate to do so, and

(b)where the relevant provision would not (whether by virtue of regulations under sub-paragraph (1) above or otherwise) apply apart from the regulations under this sub-paragraph.

(3)A relevant provision is a provision made by or under paragraphs 1 to 9 above or by regulations under paragraph 10 above.

12Without prejudice to the generality of section 143(1) and (2) above and paragraphs 10 and 11 above, regulations under those paragraphs may include provision—

(a)imposing duties and conferring powers on valuation officers (whether as regards determinations, certificates or otherwise) in relation to the ascertainment of rateable values;

(b)as to appeals relating to things done or not done by such officers.”

41In Schedule 8 (non-domestic rating: pooling) in Part I, in paragraph 2 (non-domestic rating accounts: credits and debits) in sub-paragraph (1)(b) for “regulations made under section 59(2)” there shall be substituted “section 59”.

42(1)In Schedule 8 (non-domestic rating: pooling) Part II (non-domestic rating contributions) shall be amended as follows.

(2)In paragraph 5, at the end of sub-paragraph (1) there shall be added “and has effect subject to any provision made by virtue of paragraph 6(2A) below”.

(3)In paragraph 6, after sub-paragraph (2) there shall be inserted the following sub-paragraphs—

“(2A)Regulations under paragraph 4 above may incorporate in the rules provision for adjustments to be made in the calculation of the amount of an authority’s non-domestic rating contribution under paragraph 5(2) or 5(6) above, being adjustments to take account of relevant changes affecting the amount of the authority’s non-domestic rating contribution for an earlier year.

(2B)For the purposes of sub-paragraph (2A) above, a change is a relevant change if it results from a decision, determination or other matter which (whether by reason of the time at which it was taken, made or occurred or otherwise) was not taken into account by the authority in the calculation under paragraph 5(6) above of the amount of its non-domestic rating contribution for the earlier year in question.”

43(1)In Schedule 8 (non-domestic rating: pooling) Part III (distribution) shall be amended as follows.

(2)The following sub-paragraph shall be substituted for paragraph 9(6)—

“(6)As regards a particular financial year the relevant population of a charging authority is the relevant population, calculated under paragraph 4 of Schedule 12A below, of the area of the authority for the year.”

(3)Paragraph 9(7) shall be omitted.

(4)In paragraph 11(1) for the words from “As soon as” to “calculate how much of it” there shall be substituted “If the revenue support grant report for a chargeable financial year is approved by resolution of the House of Commons, as soon as is reasonably practicable after the report is approved the Secretary of State shall calculate how much of the distributable amount for the year”.

(5)Paragraph 11(3) shall be omitted.

(6)In paragraph 12(1) for the words from “If the revenue” to “is approved” (in the second place where those words occur) there shall be substituted “As soon as is reasonably practicable after the county and district shares for a chargeable financial year have been calculated under paragraph 11 above”.

(7)The following sub-paragraph shall be substituted for paragraph 12(5)—

“(5)As regards a particular financial year the relevant population of a council is the relevant population, calculated under paragraph 4 of Schedule 12A below, of the area of the council for the year.”

(8)Paragraph 12(6) shall be omitted.

44(1)In Schedule 9 (administration) paragraph 2 (collection and recovery) shall be amended as follows.

(2)The following paragraphs shall be substituted for sub-paragraph (2)(g)—

“(g)that a notice must be in a prescribed form,

(ga)that a notice must contain prescribed matters,

(gb)that a notice must not contain other prescribed matters,

(gc)that where a notice is invalid because it does not comply with regulations under paragraph (g) or (ga) above, and the circumstances are such as may be prescribed, a requirement contained in the notice by virtue of regulations under paragraph (e) or (f) above shall nevertheless have effect as if the notice were valid,

(gd)that where a notice is invalid because it does not comply with regulations under paragraph (g) above, and a requirement has effect by virtue of regulations under paragraph (gc) above, the payee must take prescribed steps to issue to the ratepayer a document in the form which the notice would have taken had it complied with regulations under paragraph (g) above,

(ge)that where a notice is invalid because it does not comply with regulations under paragraph (ga) above, and a requirement has effect by virtue of regulations under paragraph (gc) above, the payee must take prescribed steps to inform the ratepayer of such of the matters prescribed under paragraph (ga) above as were not contained in the notice,”.

(3)In sub-paragraph (2)(h) the words from “and” to the end shall be omitted.

(4)The following sub-paragraph shall be inserted after sub-paragraph (2)—

“(2A)Regulations under this Schedule may include provision that where—

(a)an amount paid by the ratepayer in excess of his liability falls to be repaid or credited, and

(b)the circumstances are such as may be prescribed,

an additional amount by way of interest shall be paid or credited.”

45In Schedule 9 the following paragraph shall be inserted after paragraph 4—

“4A(1)Regulations under this Schedule may include provision that a charging authority and a person liable to pay it an amount under section 43 or 45 above may enter into an agreement that—

(a)any interest of his in the hereditament as regards which the liability arises shall be charged to secure payment of the amount, and

(b)in consideration of the charge the authority will take no steps for a period specified in the agreement to recover any payment in respect of the amount.

(2)The regulations may include—

(a)provision that the agreement may also extend to any further amount the person may become liable to pay to the authority under section 43 or 45 above as regards the hereditament;

(b)provision that the agreement may provide for the payment of interest on sums outstanding and for interest payable to be secured by the charge;

(c)provision restricting the period which may be specified as mentioned in sub-paragraph (1)(b) above.”

46(1)Paragraph 5 of Schedule 9 (power to require information to be supplied to a valuation officer) shall be amended as follows.

(2)In sub-paragraph (1) for the words from “requiring” to the end there shall be substituted “requesting him to supply to the officer information—

(a)which is specified in the notice, and

(b)which the officer reasonably believes will assist him in carrying out functions conferred or imposed on him by or under this Part.”

(3)After sub-paragraph (1) there shall be inserted—

“(1A)A notice under this paragraph must state that the officer believes the information requested will assist him in carrying out functions conferred or imposed on him by or under this Part.”

(4)In sub-paragraph (2)—

(a)for “required” (in the first place where the word occurs) there shall be substituted “requested”, and

(b)for “required” (in the second place where the word occurs) there shall be substituted “specified”.

47(1)Paragraph 6 of Schedule 9 (authority’s duty to supply information to valuation officer) shall be amended as follows.

(2)In sub-paragraph (1) for “relevant” there shall be substituted “charging”, and in consequence sub-paragraph (2) shall be omitted.

(3)After sub-paragraph (1) there shall be inserted—

“(1A)The Secretary of State may make regulations containing provision that, at such times and in such manner as may be prescribed, a charging authority shall supply to the valuation officer for the authority information of such description as may be prescribed.”

48The following paragraphs shall be substituted for paragraph 8 of Schedule 9 (inspection)—

“8(1)A person may require a valuation officer to give him access to such information as will enable him to establish what is the state of a list, or has been its state at any time since it came into force, if—

(a)the officer is maintaining the list, and

(b)the list is in force or has been in force at any time in the preceding 5 years.

(2)A person may require a charging authority to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if—

(a)the authority has deposited the copy under section 41(6B) above, and

(b)the list is in force or has been in force at any time in the preceding 5 years.

(3)A person may require the Secretary of State to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if—

(a)the Secretary of State has deposited the copy under section 52(6B) above, and

(b)the list is in force or has been in force at any time in the preceding 5 years.

(4)A person may require a charging authority to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if—

(a)the authority has deposited the copy under section 41(6) above, and

(b)the list itself is not yet in force.

(5)A person may require the Secretary of State to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if—

(a)the Secretary of State has deposited the copy under section 52(6) above, and

(b)the list itself is not yet in force.

(6)A requirement under any of the preceding provisions of this paragraph must be complied with at a reasonable time and place and without payment being sought; but the information may be in documentary or other form, as the person or authority of whom the requirement is made thinks fit.

(7)Where access is given under this paragraph to information in documentary form the person to whom access is given may—

(a)make copies of (or of extracts from) the document;

(b)require a person having custody of the document to supply to him a photographic copy of (or of extracts from) the document.

(8)Where access is given under this paragraph to information in a form which is not documentary the person to whom access is given may—

(a)make transcripts of (or of extracts from) the information;

(b)require a person having control of access to the information to supply to him a copy in documentary form of (or of extracts from) the information.

(9)If a reasonable charge is required for a facility under sub-paragraph (7) or (8) above, the sub-paragraph concerned shall not apply unless the person seeking to avail himself of the facility pays the charge.

(10)If without reasonable excuse a person having custody of a document containing, or having control of access to, information access to which is sought under this paragraph—

(a)intentionally obstructs a person in exercising a right under sub-paragraph (1), (2), (3), (4), (5), (7)(a) or (8)(a) above, or

(b)refuses to comply with a requirement under sub-paragraph (7)(b) or (8)(b) above,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

9(1)A person may, at a reasonable time and without making payment, inspect any proposal made or notice of appeal given under regulations made under section 55 above, if made or given as regards a list which is in force when inspection is sought or has been in force at any time in the preceding 5 years.

(2)A person may—

(a)make copies of (or of extracts from) a document mentioned in sub-paragraph (1) above, or

(b)require a person having custody of such a document to supply to him a photographic copy of (or of extracts from) the document.

(3)If a reasonable charge is required for a facility under sub-paragraph (2) above, the sub-paragraph shall not apply unless the person seeking to avail himself of the facility pays the charge.

(4)If without reasonable excuse a person having custody of a document mentioned in sub-paragraph (1) above—

(a)intentionally obstructs a person in exercising a right under sub-paragraph (1) or (2)(a) above, or

(b)refuses to supply a copy to a person entitled to it under sub-paragraph (2)(b) above,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.”

Precepts and levies

49(1)Section 68 (precepts to be issued) shall be amended as follows.

(2)In subsection (2) (precepts to be issued before 11 March) for “11 March” there shall be substituted “1 March”.

(3)For subsection (4) there shall be substituted the following subsections—

“(4)The items are—

(a)the expenditure the authority estimates it will incur in the year in performing its functions in the year and will charge to a revenue account for the year;

(b)such allowance as the authority estimates will be appropriate for contingencies in relation to expenditure to be charged to a revenue account for the year;

(c)the financial reserves which the authority estimates it will be appropriate to raise in the year for meeting the estimated expenditure referred to in subsection (4A) below; and

(d)such financial reserves as are sufficient to meet so much of the amount estimated by the authority to be a revenue account deficit for any earlier financial year as has not already been provided for.

(4A)The estimated expenditure referred to in subsection (4)(c) above is—

(a)that which the authority estimates that, in the financial year following the year in question, it will incur, will charge to a revenue account and will have to defray before sums yielded by way of precepts are sufficiently available; and

(b)that which the authority estimates it will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year.

(4B)References in subsections (4) and (4A) above to expenditure incurred by the authority shall be construed in accordance with section 41(3) of the Local Government and Housing Act 1989.”

50In section 69 (precepted authorities) the following subsections shall be substituted for subsection (7)—

“(7)As regards precepts for a particular financial year the relevant population of the area of an English charging authority is the relevant population, calculated under paragraph 4 of Schedule 12A below, of the area for the year.

(7A)As regards precepts for a particular financial year the relevant population of the area of a Welsh charging authority is the relevant population, calculated under paragraph 5 of Schedule 12A below, of the area for the year.

(7B)As regards precepts for a particular financial year the relevant population of part of the area of a charging authority is the relevant population, calculated under paragraph 6 of Schedule 12A below, of the part for the year.”

51In section 70(2) (county council’s general and special expenses) in paragraph (b) for “its expenses needed to meet” there shall be substituted “the expenses of meeting”.

52(1)Section 73 (information) shall be amended as follows.

(2)In subsection (2) after “require” there shall be inserted “the Secretary of State or”.

(3)The following subsections shall be inserted after subsection (2)—

“(2A)Where regulations under Schedule 2 or 9 below contain provision about the contents or form of a notice to be served by a charging authority, they may also require the Secretary of State or any appropriate precepting authority to supply the charging authority with prescribed information if the Secretary of State considers it to be information the charging authority needs to ensure that the provision is met.

(2B)Where any person other than the Secretary of State fails to supply information to a charging authority in accordance with regulations by virtue of subsection (2) or (2A) above he shall be liable to indemnify the authority against any loss or damage which the authority sustains in consequence of the failure.”

(4)In subsection (3) after “(2)” there shall be inserted “or (2A)”.

53In section 74 (levies) in subsection (5)(a) after “72 above” there shall be inserted “or in Schedule 12A below or in regulations under section 73(1) above or in regulations under Schedule 12A below”.

54The following section shall be inserted after section 74—

“74ALevies: information

(1)Where regulations under Schedule 2 or 9 below impose a duty on a charging authority to supply information to any person, they may also require any appropriate levying body to supply the charging authority with prescribed information if the Secretary of State considers it to be information the charging authority needs in order to fulfil its duty.

(2)For the purposes of subsection (1) above a body is an appropriate levying body in relation to a charging authority if—

(a)it has power to issue a levy to the charging authority, or

(b)it has power to issue a levy to a county council which has power to issue a precept to the charging authority.”

55(1)Section 75 (special levies) shall be amended as follows.

(2)In subsection (2) for “Secretary of State” there shall be substituted “appropriate Minister”.

(3)In subsection (7)(a)—

(a)after “72 above” there shall be inserted “or in Schedule 12A below or in regulations under section 73(1) above or in regulations under Schedule 12A below”, and

(b)for “Secretary of State” there shall be substituted “appropriate Minister”.

(4)At the end of that section there shall be added the following subsection—

“(8)In this section “the appropriate Minister” has the same meaning as in section 118 below.”

56The following section shall be inserted after section 75—

“75ASpecial levies: information

(1)Where regulations under Schedule 2 or 9 below impose a duty on a charging authority to supply information to any person, they may also require any appropriate levying body to supply the charging authority with prescribed information if the Secretary of State considers it to be information the charging authority needs in order to fulfil its duty.

(2)For the purposes of subsection (1) above a body is an appropriate levying body in relation to a charging authority if it has power to issue a special levy to the charging authority.”

Grants

57(1)Section 77 (information) shall be omitted.

(2)This paragraph shall not affect the operation of section 77 as regards a case where a notice has been served under it before the coming into force of this paragraph.

58(1)Section 82 (calculation of revenue support grant payable) shall be amended as follows.

(2)At the end of subsection (3) there shall be inserted “; and he may decide different dates for different kinds of information.”

(3)In subsection (4) after “date” there shall be inserted “(or the dates and kinds of information)”.

59(1)Section 84 (special provision for transitional years) shall be amended as follows.

(2)In subsection (3) the following paragraphs shall be substituted for paragraphs (b) and (c)—

“(b)may contain provision for one transitional year, or for more than one, as the Secretary of State thinks fit;

(c)may make different provision for different authorities;

(d)if it contains provision for more than one transitional year, may make different provision for the different years.”

(3)In subsection (5) after “transitional year” there shall be inserted “for which the report contains provision”.

60In section 88 (transport grants: supplementary), in subsections (4) and (6) for the words from “prescribed expenditure” onwards there shall, in each case, be substituted “expenditure for capital purposes within the meaning of Part IV of the Local Government and Housing Act 1989”.

61The following section shall be inserted after section 88—

“Community charge grants

88ACommunity charge grants

(1)If regulations under section 13A above have effect as regards a chargeable financial year the Secretary of State may, with the consent of the Treasury, pay a grant to a charging authority as regards that financial year.

(2)The amount of the grant shall be such as the Secretary of State may with the consent of the Treasury determine.

(3)A grant under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may with the consent of the Treasury determine.

(4)In making any payment of grant under this section the Secretary of State may impose such conditions as he may with the consent of the Treasury determine; and the conditions may relate to the repayment in specified circumstances of all or part of the amount paid, or otherwise.

(5)In deciding whether to pay a grant under this section, and in determining the amount of any such grant, the Secretary of State shall have regard to his estimate of the aggregate of—

(a)any amount which, in consequence of the regulations, the authority might reasonably be expected to lose, or to have lost, by way of payments in respect of community charges as they have effect for the financial year concerned, and

(b)any administrative expenses the authority might reasonably be expected to incur, or to have incurred, in giving effect to the regulations in their application to the financial year concerned.”

Funds

62In section 89(4) (use of sums paid into charging authority’s collection fund) for “settlement” there shall be substituted “the making”, and consequently in section 89(5) for “settling” there shall be substituted “making”.

63(1)In section 95 (calculations to be made by authorities) for subsection (2) there shall be substituted the following subsections—

“(2)The authority must calculate the aggregate of—

(a)the expenditure the authority estimates it will incur in the year in performing its functions in the year and will charge to a revenue account for the year;

(b)such allowance as the authority estimates will be appropriate for contingencies in relation to expenditure to be charged to a revenue account for the year;

(c)the financial reserves which the authority estimates it will be appropriate to raise in the year for meeting the estimated expenditure referred to in subsection (2A) below;

(d)such financial reserves as are sufficient to meet so much of the amount estimated by the authority to be a revenue account deficit for any earlier financial year as has not already been provided for; and

(e)any amounts it estimates will be charged to a revenue account in respect of the authority’s general fund or City fund, as the case may be, by virtue of a transfer,—

(i)pursuant to regulations under section 89(5) above, of such an additional sum as is referred to in subsection (3)(d) of section 98 below; or

(ii)pursuant to a direction under subsection (5) of that section, of such an amount as is referred to in that subsection.

(2A)The estimated expenditure referred to in subsection (2)(c) above is—

(a)that which the authority estimates that, in the financial year following the year in question, it will incur, will charge to a revenue account and will have to defray before sums to be transferred as regards that year from its collection fund to its general fund or to the City fund (as the case may be) become sufficiently available; and

(b)that which the authority estimates it will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year.

(2B)References in subsections (2) and (2A) above to expenditure incurred by the authority shall be construed in accordance with section 41(3) of the Local Government and Housing Act 1989.”

(2)In subsection (3) of that section, for the words following “the aggregate of” there shall be substituted—

“(a)the sums which it estimates will be payable for the year into its general fund or into the City fund (as the case may be) and in respect of which amounts are to be credited to a revenue account for the year;

(a)the amounts which it estimates will be transferred from its collection fund to its general fund or the City fund (as the case may be) pursuant to a direction under section 98(4) below and credited to a revenue account for the year; and

(b)the amount of the financial reserves which the authority estimates that it will use in order to provide for the items mentioned in paragraphs (a), (b) and (e) of subsection (2) above.”

(3)In subsection (7) of that section, after the word “which” there shall be inserted “in accordance with section 97 below”.

64In section 98 (transfers between funds) in subsection (3)(d) the words “and calculated in a prescribed manner” shall be omitted.

65In section 99 (regulations) in subsection (2)(d) the words “at such rate as may be prescribed” shall be omitted.

Financial administration

66The following subsection shall be inserted after subsection (3) of section 114 (functions of chief finance officer)—

“(3A)It shall be the duty of the chief finance officer of a relevant authority, in preparing a report in pursuance of subsection (2) above, to consult so far as practicable—

(a)with the person who is for the time being designated as the head of the authority’s paid service under section 4 of the Local Government and Housing Act 1989; and

(b)with the person who is for the time being responsible for performing the duties of the authority’s monitoring officer under section 5 of that Act.”

Existing rates

67(1)In section 118 (power to abolish or modify existing rates), at the end of subsection (1) there shall be added “and, in the case of an internal drainage board, there shall be disregarded for the purposes of paragraph (b) above any agreement under section 81 of the Land Drainage Act 1976 under which the board have agreed that no drainage rate will be levied on occupiers or owners of certain rateable hereditaments”.

(2)In subsections (2) and (4) of that section for the words “Secretary of State” there shall be substituted “appropriate Minister”.

(3)At the end of subsection (5) of that section there shall be added “and “the appropriate Minister” means—

(a)as respects any internal drainage board whose district is wholly within England, the Minister of Agriculture, Fisheries and Food;

(b)as respects any internal drainage board whose district is partly in England and partly in Wales, that Minister and the Secretary of State acting jointly; and

(c)as respects any other body, the Secretary of State.”

Information

68The following section shall be inserted after section 139—

“139AInformation

(1)Subsection (2) below applies where—

(a)the Secretary of State serves a notice on a relevant authority or relevant officer requiring it or him to supply to the Secretary of State information specified in the notice,

(b)the information is required by the Secretary of State for the purpose of deciding whether to exercise his powers, and how to perform his functions, under this Act, and

(c)the information is not personal information.

(2)The authority or officer shall supply the information required, and shall do so in such form and manner and at such time as the Secretary of State specifies in the notice.

(3)If an authority or officer fails to comply with subsection (2) above the Secretary of State may assume the information required to be such as he sees fit; and in such a case the Secretary of State may decide in accordance with the assumption whether to exercise his powers, and how to perform his functions, under this Act.

(4)In deciding whether to exercise his powers, and how to perform his functions, under this Act the Secretary of State may also take into account any other information available to him, whatever its source and whether or not obtained under a provision contained in or made under this or any other Act.

(5)Each of the following is a relevant authority—

(a)a charging authority;

(b)a precepting authority.

(6)The community charges registration officer for a charging authority is a relevant officer.

(7)Personal information is information which relates to an individual (living or dead) who can be identified from that information or from that and other information supplied to any person by the authority or officer concerned; and personal information includes any expression of opinion about the individual and any indication of the intentions of any person in respect of the individual.

(8)This section shall have effect before 1 April 1990 as if after paragraph (b) of subsection (5) above there were inserted—

“(c)the Inner London Education Authority.””

England and Wales: separate administration

69(1)Section 140 (separate administration in England and Wales) shall be amended as follows.

(2)In subsection (1) after “VII” there shall be inserted “, and paragraphs 1 to 4 of Schedule 12A below,”.

(3)In subsection (2) the word “and” at the end of paragraph (e) shall be omitted, and after paragraph (f) there shall be inserted “and

(a)separate reports under Schedule 12A below shall be made.”

(4)In subsection (3) after “VII” there shall be inserted “, and paragraphs 1 to 4 of Schedule 12A below,”.

Payments

70The following subsection shall be inserted at the end of section 141 (payments to and from authorities)—

“(9)In the application of this section to England, the second relevant provisions also include section 81 of the Education Reform Act 1988 (recovery from local funds of sums in respect of maintenance grant)”.

71The following sections shall be inserted after section 141—

“141APayments: further provisions

(1)The Secretary of State may make regulations in relation to any case where—

(a)he is liable to pay to an English charging authority at any time an amount or amounts under one or more of the first relevant provisions, and

(b)a precepting authority which has power to issue a precept to the charging authority is liable to pay to him at the same time an amount under the second relevant provision.

(2)The regulations may provide that if the total of the amount or amounts mentioned in subsection (1)(a) above exceeds the charging authority’s relevant amount the Secretary of State may set off an amount equal to that amount in paying that total.

(3)The regulations may provide that if the total of the amount or amounts mentioned in subsection (1)(a) above is equal to or less than the charging authority’s relevant amount no payment need be made in respect of that total.

(4)The regulations may provide that where the Secretary of State sets off or refrains from paying an amount under any provision included under subsection (2) or (3) above—

(a)the Secretary of State’s liability to the charging authority shall be treated as discharged to the extent of an amount equal to that amount,

(b)what the precepting authority is liable to pay to the Secretary of State shall be treated as reduced by an amount equal to that amount, and

(c)an amount equal to that amount shall be due from the precepting authority to the charging authority.

(5)The regulations may provide that an amount due from the precepting authority to the charging authority by virtue of provision included under subsection (4)(c) above shall be recoverable by such method as may be prescribed (whether by making a deduction from an amount payable in respect of a precept or otherwise).

(6)The regulations may provide that—

(a)where an amount due from the precepting authority to the charging authority by virtue of provision included under subsection (4)(c) above is recovered by payment to the charging authority, that authority shall pay into its collection fund an amount equal to the amount paid to it;

(b)where an amount due from the precepting authority to the charging authority by virtue of provision included under subsection (4)(c) above is recovered by making a deduction from an amount payable in respect of a precept, the charging authority shall retain in its collection fund an amount equal to the amount deducted.

(7)Without prejudice to section 143(2) below, the regulations may include provision—

(a)requiring prescribed provisions of this Act (such as sections 79(2) and 86(2)) to be read subject to the regulations;

(b)requiring prescribed provisions of this Act (such as paragraph 2 of Schedule 8) to be read as if references to payments made were to payments which would have been made apart from the regulations.

(8)Where the Secretary of State is liable to pay to the charging authority at any time an amount or amounts under one or more of the first relevant provisions, for the purposes of this section and regulations under it—

(a)the amount or amounts shall be treated as reduced by anything he may set off, by virtue of regulations under section 141 above, in paying the amount or amounts;

(b)he shall be treated as not liable to pay any such amount or amounts if, by virtue of regulations under that section, no payment need be made in respect of the amount or amounts.

141BSection 141A: interpretation

(1)This section applies for the purposes of section 141A above.

(2)The charging authority’s relevant amount shall be determined by applying the formula—

(3)A is the amount mentioned in section 141A(1)(b) above.

(4)B is the relevant population (calculated by reference to the time mentioned in section 141A(1) above) of the charging authority.

(5)C is the aggregate of the relevant populations (calculated by reference to the time mentioned in section 141A(1) above) of all charging authorities which fulfil the following conditions—

(a)they are authorities to which the precepting authority has power to raise a precept, and

(b)they are authorities to which the Secretary of State is liable to pay at the time mentioned in section 141A(1) above an amount or amounts under one or more of the first relevant provisions.

(6)As regards any particular time the relevant population of a charging authority is the relevant population, calculated under paragraph 4 of Schedule 12A below, of the area of the authority for the financial year in which the time falls.

(7)The first relevant provisions are sections 83 and 86 above, paragraph 5(10) of Schedule 8 below, regulations made under paragraph 6(5) of that Schedule, and paragraph 9 of that Schedule.

(8)The second relevant provision is section 81 of the Education Reform Act 1988 (recovery from local funds of sums in respect of maintenance grant).”

Orders and regulations

72(1)Section 143 (orders and regulations) shall be amended as follows.

(2)In subsection (2) after “Secretary of State” there shall be inserted “the Minister of Agriculture, Fisheries and Food”.

(3)In subsection (3) for “(9)” there shall be substituted “(9B)”.

(4)In subsection (4) the words “57 or” shall be omitted.

(5)In subsection (5) after “118 above” there shall be inserted “other than regulations relating to an internal drainage board”.

(6)The following subsections shall be inserted after subsection (9)—

“(9A)The power to make an order under paragraph 5 of Schedule 7A below shall be exercisable by statutory instrument, and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

(9B)The power to make regulations under paragraph 5 or 6 of Schedule 12A below shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.”

(7)In subsection (10) after “118 above” there shall be inserted “other than regulations relating to an internal drainage board”.

Relevant population

73The following section shall be inserted after section 145—

“145AInterpretation: relevant population

Schedule 12A below (which contains provisions about relevant population) shall have effect.”

74The following Schedule shall be inserted after Schedule 12—

“SCHEDULE 12ARELEVANT POPULATION

Population of area

1(1)For the purposes of this paragraph and paragraphs 2 to 4 below each of the following is a relevant authority—

(a)an English charging authority;

(b)a Welsh district council;

(c)a Welsh county council.

(2)For the purposes of paragraphs 2 to 4 below each of the following is a notifiable authority—

(a)a charging authority,

(b)a county council,

(c)a metropolitan county police authority,

(d)the Northumbria Police Authority,

(e)a metropolitan county fire and civil defence authority,

(f)the London Fire and Civil Defence Authority, and

(g)the Receiver for the Metropolitan Police District.

2(1)The Secretary of State shall make a report containing rules for calculating the relevant population of the area of each relevant authority.

(2)Before making the report the Secretary of State shall notify to such representatives of local government as appear to him to be appropriate the general nature of its intended contents.

(3)The report shall be laid before the House of Commons.

(4)As soon as is reasonably practicable after the report is laid before the House of Commons the Secretary of State shall send a copy of it to each notifiable authority.

(5)After making the report the Secretary of State may make a further report or reports, and any such report—

(a)may replace any previous report under this paragraph, or

(b)may amend any previous report under this paragraph.

(6)A report under sub-paragraph (5)(a) above shall contain revised rules for calculating the relevant population of the area of each relevant authority.

(7)A report under sub-paragraph (5)(b) above shall contain amendments to the rules contained in the report which it amends.

(8)Sub-paragraphs (2) to (4) above shall apply to any report under sub-paragraph (5) above as they apply to one under sub-paragraph (1) above.

(9)A report under this paragraph shall state the day on which it is to come into force and the first financial year for which it is to operate.

3(1)This paragraph applies where in accordance with paragraph 2 above a report has been made and laid before the House of Commons.

(2)If the report is approved by resolution of the House of Commons it shall come into force on the day stated in the report.

(3)If the report is made under paragraph 2(1) or (5)(a), on and after the day it comes into force the rules it contains shall have effect for calculating the relevant population of the area of each relevant authority for all chargeable financial years beginning with the first financial year for which it states it is to operate; but this is subject to the effect of any subsequent report under paragraph 2(5).

(4)If the report is made under paragraph 2(5)(b), on and after the day it comes into force the rules it amends read subject to the amendments shall have effect for calculating the relevant population of the area of each relevant authority for all chargeable financial years beginning with the first financial year for which it states it is to operate; but this is subject to the effect of any subsequent report under paragraph 2(5).

4(1)As soon as is reasonably practicable after a revenue support grant report for a financial year has been approved by resolution of the House of Commons, the Secretary of State shall calculate the relevant population of the area of each relevant authority for the year in accordance with the rules for the time being effective (as regards the year) under paragraph 3 above.

(2)If the Secretary of State decides that he will leave out of account information received by him after a particular date in making a calculation under sub-paragraph (1) above the calculation shall be made accordingly; and he may decide different dates for different kinds of information.

(3)Sub-paragraph (2) above applies only if the Secretary of State informs each notifiable authority in writing of his decision and of the date (or the dates and kinds of information) concerned; but he may do this at any time before the calculation is made under this paragraph.

(4)As soon as is reasonably practicable after making a calculation under sub-paragraph (1) above the Secretary of State shall—

(a)inform each relevant authority of what he calculates as the relevant population of its area for the year;

(b)where the relevant authority is an English charging authority, inform each appropriate precepting authority of what he calculates as the relevant population of the area of the charging authority for the year.

(5)For the purposes of sub-paragraph (4) above an appropriate precepting authority, in relation to a charging authority, is a precepting authority which is a notifiable authority and which has power to issue a precept to the charging authority.

5(1)The Secretary of State shall make regulations containing rules for calculating for chargeable financial years the relevant population of the area of each Welsh charging authority.

(2)A Welsh charging authority shall calculate the relevant population of its area for a chargeable financial year in accordance with the rules for the time being effective (as regards the year) under the regulations.

(3)The calculation shall be made as soon as is reasonably practicable after such date as is specified for the year in the regulations made under sub-paragraph (1) above.

(4)As soon as is reasonably practicable after making a calculation under sub-paragraph (2) above a Welsh charging authority shall inform each appropriate precepting authority of what the charging authority calculates as the relevant population of the area of the charging authority for the year.

(5)For the purposes of sub-paragraph (4) above an appropriate precepting authority, in relation to a charging authority, is a precepting authority which is a notifiable authority and which has power to issue a precept to the charging authority.

Population of part of area

6(1)This paragraph applies where the relevant population of part of a charging authority’s area needs to be found for the purposes of section 69 above.

(2)The Secretary of State shall make regulations containing rules for calculating for chargeable financial years the relevant population of any such part.

(3)The charging authority shall calculate the relevant population of the part for a chargeable financial year in accordance with the rules for the time being effective (as regards the year) under the regulations.

(4)The calculation shall be made—

(a)where the authority is English, as soon as is reasonably practicable after a revenue support grant report for the year has been approved by resolution of the House of Commons;

(b)where the authority is Welsh, as soon as is reasonably practicable after such date as is specified for the year in the regulations made under sub-paragraph (2) above.”

Information

75In section 146 (interpretation) the following subsection shall be inserted after subsection (5)—

“(5A)Unless the context otherwise requires, “information” includes accounts, estimates and returns.”

Tribunals

76(1)Schedule 11 (tribunals) shall be amended as follows.

(2)In paragraph 2 (jurisdiction) the following paragraph shall be inserted at the end—

“(c)paragraph 4 of Schedule 4A above.”

(3)In paragraph 8(4)(f) (orders of tribunals) after “responsible individual” there shall be inserted “or as a certification officer”.

General

77(1)This paragraph applies to each of the following amendments made by this Schedule—

(a)the amendment of paragraph 1(2) of Schedule 3 to the 1988 Act (read with paragraph 1(7A) of that Schedule),

(b)the amendment of paragraph 1(4) of that Schedule (read with paragraph 1(7A)), and

(c)the amendment of paragraph 1(6) of that Schedule (read with paragraph 1(7A)).

(2)Subject to sub-paragraph (3) below, the amendment applies whether the request or the conduct of the person requested occurs before or on or after the relevant day.

(3)The amendment does not apply in the case of a request made before the relevant day if before it was made two or more requests were already made to supply the same information, allow inspection of the same records, or send a copy of the same records, under the same provision.

(4)Sub-paragraph (3) above does not prevent further requests being made on or after the relevant day or the amendment applying in the case of such requests.

(5)In this paragraph “the relevant day” means the day on which the relevant period ends; and the relevant period is the period of 2 months beginning on the day this Act is passed.

78(1)This paragraph applies to each of the following amendments made by this Schedule—

(a)the amendment of paragraph 2(4) of Schedule 3 to the 1988 Act (read with paragraph 2(11A) of that Schedule),

(b)the amendment of paragraph 2(6) of that Schedule (read with paragraph 2(11A)), and

(c)the amendment of paragraph 2(9) of that Schedule (read with paragraph 2(11A)).

(2)Subject to sub-paragraph (3) below, the amendment applies whether the request or the conduct of the person requested occurs before or on or after the relevant day.

(3)The amendment does not apply in the case of a request made before the relevant day if before it was made two or more requests were already made to allow inspection of the same records, send a copy of the same records, or supply the same information, under the same provision.

(4)Sub-paragraph (3) above does not prevent further requests being made on or after the relevant day or the amendment applying in the case of such requests.

(5)In this paragraph “the relevant day” means the day on which the relevant period ends; and the relevant period is the period of 2 months beginning on the day this Act is passed.

79(1)Paragraphs 7, 8, 52, 54, 56 and 66 above shall come into force at the expiry of the period of 2 months beginning on the day this Act is passed.

(2)Paragraphs 49(3), 60 and 63 above shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and

(a)different days may be so appointed for different provisions or for different purposes;

(b)section 195(3) of this Act shall apply to an order under this sub-paragraph as it applies to an order under section 195(2).

(3)The 1988 Act shall be treated as having been enacted with the amendments made by this Schedule, except in so far as the amendments are made by paragraph 12, 57, or 68 above or any of the paragraphs mentioned in sub-paragraph (1) or (2) above.

80In this Schedule “the 1988 Act” means the [1988 c. 41.] Local Government Finance Act 1988.

Section 145.

SCHEDULE 6Amendment of Scottish Enactments

Valuation appeals to Lands Tribunal for Scotland

1[1949 c. 42.] Lands Tribunal Act 1949 (which provides as to, amongst other things, the jurisdiction of the Lands Tribunal for Scotland) after subsection (3B) there shall be inserted the following subsection—

“(3BA)The Lands Tribunal for Scotland may also determine any appeal against the decision of a valuation appeal committee not to refer to the Tribunal any appeal or complaint made to the committee and, where the Tribunal upholds such an appeal, the appeal or complaint made to the committee shall, for the purposes of this section, be regarded as having been referred by the committee to the Tribunal for determination under subsection (3A) above.”

2[1963 c. 12.] Local Government (Financial Provisions) (Scotland) Act 1963—

(a)after subsection (2) there shall be inserted the following subsection—

“(2AA)A valuation appeal committee, on the joint application of the assessor and an appellant or complainer made within such period as may be prescribed by regulations made by the Secretary of State, shall refer the appeal or complaint to the Lands Tribunal for Scotland for determination under section 1(3A) of the Lands Tribunal Act 1949.”; and

(b)in subsection (2A) (regulations about valuation appeals to the Lands Tribunal for Scotland)—

(i)for the word “governing” there shall be substituted the words “as to”;

(ii)the word “and” between paragraphs (a) and (b) shall be omitted; and

(iii)at the end there shall be added the following paragraphs—

“(c)the giving by a valuation appeal committee of reasons for its decision not to refer to the Tribunal any appeal or complaint made to the committee; and

(d)the circumstances and manner in which an appeal may be made to the Tribunal for determination under subsection (3BA) of section 1 of the Lands Tribunal Act 1949 (jurisdiction of the Tribunal to determine appeal against decision of valuation appeal committee not to refer an appeal or complaint to the Tribunal).”

Rateable value of certain buildings used for breeding or rearing horses

3In subsection (1) of section 6 of the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956 (ascertainment of annual and rateable values) for the words “the next following section” there shall be substituted the words “sections 7 to 7B”.

4In that Act the following section shall be inserted after section 7A—

“7BRateable value of certain buildings used for breeding or rearing horses

(1)This section applies to any lands and heritages the whole or any part of which consists of buildings which are—

(a)used for the breeding and rearing of horses or for either of those purposes; and

(b)occupied together with any agricultural land or agricultural building.

(2)The rateable value of any lands and heritages to which this section applies shall be taken to be the amount determined under section 6 of this Act less whichever is the smaller of the following amounts—

(a)such amount as the Secretary of State may by order specify for the purposes of this section;

(b)the amount which but for this section would be determined under that section in respect of so much of the lands and heritages as consists of buildings so used and occupied.

(3)An order under subsection (2) of this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)In this section—

• “agricultural land” means any land of more than two hectares which is agricultural lands and heritages within the meaning of subsection (2) of section 7 of this Act and is not land used exclusively for the pasturing of horses;

• “agricultural building” has the same meaning as in that subsection; and

• “horses” has the same meaning as in section 6(4) of the Riding Establishments Act 1964.”

Application of regulations about determination of net annual value

5In section 6 of the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956, after subsection (8B) (further provision as to regulations relating to determination of net annual value) there shall be inserted the following subsections—

“(8C)For the purposes of subsection (8B) above, cases may be defined, described or classified by reference to such factors as the Secretary of State thinks fit.

(8D)Without prejudice to the generality of subsection (8C) above, a case may be defined, described or classified by reference to one or more of the following factors—

(a)the physical characteristics of lands and heritages;

(b)the fact that lands and heritages are unoccupied or are occupied for purposes prescribed by the regulations or by persons of descriptions so prescribed.”

Rateable value for purposes of levying rates after 1st April 1990

6In section 7 of the [1975 c. 30.] Local Government (Scotland) Act 1975 (levying of rates) in subsection (1A) there shall be inserted at the end the words “; and references in this subsection to an apportioned value of part residential subjects are references to that part of that value which is shown in the apportionment note as relating to the non-residential use of the subjects,”.

7In section 128 of the [1988 c. 41.] Local Government Finance Act 1988 (levying of rates after 1st April 1990)—

(a)in subsection (1)—

(i)for the word “Every” there shall be inserted the words “The non-domestic”; and

(ii)after the word “regards” there shall be inserted the words “different areas and”;

(b)after that subsection there shall be inserted the following subsections—

“(1A)The considerations referred to in paragraph (b) of subsection (1) above shall be such as the Secretary of State thinks fit and may, without prejudice to that generality, include considerations which otherwise would not relate to the determination of the rateable value of lands and heritages.

(1B)The classification of lands and heritages for the purposes of subsection (1) above shall be by reference to such factors as the Secretary of State thinks fit and may, without prejudice to that generality, include the circumstances of persons by whom rates are payable.

(1C)Regulations made under this section may, in relation to lands and heritages which are part residential subjects (within the meaning of the Abolition of Domestic Rates Etc. (Scotland) Act 1987), provide for the apportionment of the rateable value prescribed or determined under this section in respect of the subjects as between the residential and non-residential use of the subjects.

(1D)A rateable value prescribed or determined under this section in respect of any lands and heritages shall be the rateable value of the lands and heritages for the purpose of the levying of the non-domestic rate but not for any other purposes.”; and

(c)subsection (3) shall cease to have effect.

Exemption of church premises from the non-domestic rate

8(1)In section 22 of the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956 (exemption of churches etc. from rates)—

(a)for subsection (1) there shall be substituted the following subsections—

“(1)No non-domestic rate shall be levied on any premises to the extent that they consist of—

(a)a building occupied by a religious body and used for the purpose of religious worship;

(b)a church hall, chapel hall or similar premises used in connection with a building such as is referred to in paragraph (a) above for the purposes of the religious body which occupies that building; or

(c)any premises occupied by a religious body and used by it for carrying out administrative or other activities relating to the organisation of the conduct of religious worship in a building such as is referred to in paragraph (a) above.

(1A)Subsection (1) above shall have effect with respect to the year 1990-91 and each subsequent year.

(1B)Subsection (1)(c) above shall have effect also with respect to the year 1989-90.”; and

(b)subsection (4) shall be omitted.

(2)In subsection (9) of section 4 of the [1962 c. 9.] Local Government (Financial Provisions etc.) (Scotland) Act 1962 (exception from relief under that section of premises exempt under said section 22), after “(b)” there shall be inserted “or (c)”.

(3)The amendment made by sub-paragraph (1) above, to the extent necessary to give effect to subsection (1)(c) of the said section 22, and the amendment made by sub-paragraph (2) above shall be deemed to have come into force on 1st April 1989.

Extension of charitable rate relief to universities

9In the [1962 c. 9.] Local Government (Financial Provisions etc.) (Scotland) Act 1962—

(a)in section 4, subsections (3) and (4), and

(b)the first Schedule,

shall be omitted.

Duty to notify registration officer about liability for collective community charge

10In subsection (1) of section 18 of the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987 (duty to notify registration officer of certain matters) for the words “the personal or standard community charge” there shall be substituted the words “any of the community charges”.

Interest not payable on backdated liability for community charges where there is reasonable excuse for non-registration

11In subsection (3)(a) of section 18 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (interest on backdated liability for community charges) after the words “together with” there shall be inserted the words “, unless he satisfies the levying authority that he has a reasonable excuse for not having been registered,”.

(2)The amendment made by sub-paragraph (1) above shall be deemed to have come into force at the same time as the said section 18.

Exemption from personal community charge

12In paragraph 4 of Schedule 1A to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (exemption of the severely mentally impaired) there shall be added at the end the following sub-paragraphs—

“(6)Regulations under sub-paragraph (5) above may provide that, in the circumstances set out in the regulations, a certificate given for the purposes of sub-paragraph (1)(c) above shall continue to have effect for the purposes of this paragraph notwithstanding that the definition of severe mental impairment upon which the certificate proceeds has been substituted by the regulations.

(7)Regulations under sub-paragraph (5) above made in respect of the financial year 1989-90 may provide that a person—

(a)who was not within the old definition of severely mentally impaired but who, being within the new definition of that expression, is exempt; and

(b)in respect of whom such conditions as are prescribed are fulfilled

may be treated as having been exempt as from such date prior to the coming into force of the regulations as may be provided for in the regulations.

(8)In sub-paragraph (7) above, the “old” definition is the definition in force immediately before the coming into force of regulations under sub-paragraph (5) above and the “new” definition is the definition being substituted for the old definition by regulations under that sub-paragraph.”

13For paragraph 5 of Schedule 1A to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (exemption of person in respect of whom another is entitled to child benefit) there shall be substituted the following paragraph—

“5A person is exempt if—

(a)another person is entitled to child benefit in respect of him; or

(b)a person would be entitled to child benefit in respect of him but for paragraph 1(b) or (c) of Schedule 1 to the Child Benefit Act 1975.”

14After paragraph 6 of Schedule 1A to the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987 there shall be inserted the following paragraph—

“6A(1)A person is exempt if—

(a)he is aged under 20;

(b)he is undertaking a qualifying course of education; and

(c)the course is not undertaken in consequence of an office or employment held by the person.

(2)For the purposes of this paragraph, a person shall be treated as undertaking a qualifying course of education if (and only if) he fulfils such conditions as may be prescribed.”

15In paragraph 12(c) of Schedule 1A to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (exemption for persons residing in premises subject to non-domestic rates) there shall be added at the end “but are not part residential subjects”.

Liability for non-domestic water rate

16(1)In section 40(3) of the [1980 c. 45.] Water (Scotland) Act 1980 (which provides as to who is liable for the non-domestic water rate) there shall be inserted at the end the words “or who would be liable to pay those non-domestic rates but for any enactment which exempts the lands and heritages from those rates or by or under which any relief or remission from liability for those rates is given”.

(2)The amendment made by sub-paragraph (1) above shall be deemed to have come into force at the same time as paragraph 29 of Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987.

Premises in respect of which non-domestic water rate is leviable

17(1)In section 41 of the Water (Scotland) Act 1980 (levy of non-domestic water rate on certain premises)—

(a)in the proviso to subsection (1) (rate to be levied on one half of rateable value or lower fraction resolved by water authority)—

(i)after the word “aforesaid” there shall be inserted the words “or to any class of such premises”; and

(ii)after the words “those premises” there shall be inserted the words “or, as the case may be, to premises in that class”; and

(b)in subsection (4) (premises subject to the rate) after the words “other premises” there shall be inserted the words “of whatsoever kind but”.

(2)The amendments made by sub-paragraph (1) above shall be deemed always to have been in force.

Exemption of formula valued premises from non-domestic water rate

18[1975 c. 30.] Local Government (Scotland) Act 1975 (valuation by formula of certain lands and heritages) after subsection (1) there shall be inserted the following subsection—

“(1A)The Secretary of State may by order provide that the non-domestic water rate shall not be leviable in respect of formula valued lands and heritages or of such formula valued lands and heritages or of such class or description of formula valued lands and heritages as may be prescribed for the purposes of this subsection.

In this subsection, “formula valued lands and heritages” are lands and heritages which have, or lands and heritages of a class or description which has, been prescribed for the purposes of subsection (1) above.”

19[1980 c. 45.] Water (Scotland) Act 1980 (non-domestic water rate)—

(a)in subsection (1), after the word “Act” there shall be inserted the words “and section 6(1A) of the Local Government (Scotland) Act 1975 (exemption of formula valued premises from non-domestic water rate)”;

(b)subsection (7) shall be omitted.

Liability for non-domestic sewerage rate

20(1)In paragraph 20 of Schedule 5 to the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987 (liability for non-domestic sewerage rate) there shall be added at the end the words “or who would be liable to pay the non-domestic rate but for any enactment which exempts those premises from that rate or by or under which relief or remission from liability for that rate is given.”

(2)The amendment made by sub-paragraph (1) above shall be deemed to have come into force at the same time as the said paragraph 20.

Reduced liability for non-domestic sewerage rate in respect of certain church and charity premises

21(1)In Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987—

(a)in paragraph 19 (which provides as to, amongst other things, the levying of the non-domestic sewerage rate), for the word “paragraph” there shall be inserted the words “paragraphs 19A and”; and

(b)after paragraph 19 there shall be inserted the following paragraph—

“19A(1)Where, in respect of a financial year, the non-domestic sewerage rate is leviable under paragraph 19 above in respect of lands and heritages which are both—

(a)church or charity premises; and

(b)premises to which, by virtue of subsection (4) of section 41 of the Water (Scotland) Act 1980, that section applies, whether or not they are premises in respect of which the non-domestic water rate is leviable,

the non-domestic sewerage rate shall be levied not according to the rateable value of those lands and heritages or that part thereof which is shown in the apportionment note as relating to their non-residential use but instead in accordance with sub-paragraph (2) below.

(2)Where—

(a)the water authority, in a resolution under subsection (1) of the said section 41, made with respect to the lands and heritages mentioned in sub-paragraph (1) above or to a class of premises which includes those lands and heritages, have specified for the purposes of that subsection in respect of that year a fraction of net annual value smaller than one half, then the non-domestic sewerage rate shall be levied according to that smaller fraction of the rateable value of those lands and heritages or, as the case may be, that part thereof; and

(b)the water authority have not so specified a smaller fraction, then the non-domestic sewerage rate shall be levied according to one half of the rateable value of those lands and heritages or, as the case may be, that part thereof.

(3)In sub-paragraph (1) above “church or charity premises” means—

(a)premises, to the extent to which, under section 22(1) of the Valuation and Rating (Scotland) Act 1956 (exemption from non-domestic rates of church premises etc.), no non-domestic rate is leviable on them in respect of the financial year; or

(b)lands and heritages in respect of which relief in respect of the non-domestic rate is given in respect of the financial year under subsection (2) of section 4 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 (relief for premises occupied by charities); or

(c)lands and heritages in respect of which a reduction of or remission from the non-domestic rate has effect in respect of the financial year under subsection (5) of the said section 4.”

(2)The amendments made by sub-paragraph (1) above shall be deemed to have come into force at the same time as the said paragraph 19.

Public inspection of community charges register

22In section 20(2)(a)(ii) of the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987 after “premises”, where secondly occurring, there shall be inserted “or the sex of that person”.

Exclusion from voting disability of local authority members who are community charge payers

23(1)In section 41(4) of the [1973 c. 65.] Local Government (Scotland) Act 1973 (exclusion from voting disability) after the word “as”, where first occurring, there shall be inserted the words “a person who is liable to pay any of the community charges or community water charges imposed under the Abolition of Domestic Rates Etc. (Scotland) Act 1987 or who would be so liable but for any enactment or anything provided or done under any enactment or as”.

(2)The amendment made by sub-paragraph (1) above shall be deemed to have come into force at the same time as sections 8 to 11 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987.

Revocation of civil penalties imposed by registration officer

24(1)In section 17 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (which provides for, amongst other things, the imposition of civil penalties) after subsection (11) there shall be inserted the following subsection—

“(11A)If, after the imposition of a civil penalty under subsection (10) or (11) above but before the making of any appeal under subsection (12) below against that imposition, the registration officer, in the light of information which he did not consider when imposing the penalty—

(a)is no longer satisfied as to the matter as to which he was satisfied under paragraph (a) or (b) of subsection (10) above or paragraph (c) of subsection (11) above before imposing the penalty; or

(b)is satisfied that the responsible person upon whom the penalty was imposed did have a reasonable excuse,

he may revoke the imposition of the penalty; and on such revocation any money paid to the regional or islands council by the responsible person by way of that penalty shall be repaid by them to him.”

(2)The amendment made by sub-paragraph (1) above shall be deemed to have come into force at the same time as the said section 17.

Evidence in appeals under Abolition of Domestic Rates Etc. (Scotland) Act 1987

25In section 29 of the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987 (appeals) after subsection (1) there shall be inserted the following subsection—

“(1A)The sheriff may, in considering an appeal under this Act, hear and receive evidence.

This subsection is without prejudice to—

(a)any other enactment, or

(b)any rule of law,

relating to the hearing or receiving of evidence in summary applications.”.

No liability for community water charges where water previously supplied free

26(1)In paragraph 8 of Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (qualifying conditions for liability to pay community water charges) there shall be added at the end “and

(c)that the supply of water provided is not one which the water authority were, immediately before 16 May 1949, and continue to be under an obligation to provide free of charge.”

(2)The amendment made by sub-paragraph (1) above shall be deemed to have come into force at the same time as the said paragraph 8.

Provision of information by registration officer

27The following section shall be inserted after section 20B of the Abolition of Domestic Rates Etc. (Scotland) Act 1987—

“20CRegistration officer: provision of information to Secretary of State

(1)Subsection (2) below applies where—

(a)the Secretary of State serves a notice on the registration officer requiring him to supply to the Secretary of State information specified in the notice;

(b)the information is in the possession or control of the registration officer and was obtained by him for the purpose of carrying out his functions under this Act; and

(c)the information is not personal information.

(2)The registration officer shall supply the information required, and shall do so in such form and manner and at such time as the Secretary of State specifies in the notice.

(3)Regulations under this section may include provision that the registration officer may—

(a)supply relevant information to any person who requests it;

(b)charge a prescribed fee for supplying the information.

(4)Information is relevant information if—

(a)it was obtained by the registration officer for the purpose of carrying out his functions under this Act; and

(b)it is not personal information.

(5)Personal information is information which relates to an individual (living or dead) who can be identified from that information or from that and other information supplied to any person by the registration officer; and personal information includes any expression of opinion about the individual and any indication of the intentions of any person in respect of the individual.”

Revenue support grants

28In section 23(2) of the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987, for the words from “a” onward there shall be substituted the words “grants (to be known as “revenue support grants”) to local authorities”.

29For paragraphs 1 to 3 of Schedule 4 to that Act (revenue support grants) there shall be substituted the following paragraphs—

“1(1)The local authorities to which revenue support grant is payable in respect of a financial year shall be such local authorities as are specified by order made by the Secretary of State.

(2)The amount of revenue support grant payable in respect of a financial year to a local authority so specified shall be such amount as is determined in relation to the local authority by order made by the Secretary of State.

(3)The Secretary of State may at any time by order amend or revoke any order made under this paragraph and any amount of revenue support grant which has been paid and which, in consequence of anything done under this paragraph, falls to be repaid may be recovered by the Secretary of State whenever and however he thinks fit.

2(1)An order under paragraph 1 above shall be made only with the consent of the Treasury.

(2)Before making an order under paragraph 1 above the Secretary of State shall consult such associations of local authorities as appear to him to be appropriate.

(3)An order under paragraph 1 above together with a report of the considerations which led to its provisions shall be laid before the Commons House of Parliament but shall have no effect until approved by a resolution of that House.”

Section 149.

SCHEDULE 7Compensation Provisions of Landlord and Tenant Act 1954, Part II

1Any reference in this Schedule to a section which is not otherwise identified is a reference to that section of the [1954 c. 56.] Landlord and Tenant Act 1954, Part II of which relates to security of tenure for business, professional and other tenants.

2(1)Subject to the following provisions of this Schedule, section 37 (compensation where order for new tenancy precluded on certain grounds) shall have effect with the amendments set out below.

(2)At the beginning of subsection (2) there shall be inserted the words “Subject to subsections (5A) to (5D) of this section”.

(3)After subsection (5) there shall be inserted the following subsections—

“(5A)If part of the holding is domestic property, as defined in section 66 of the Local Government Finance Act 1988,—

(a)the domestic property shall be disregarded in determining the rateable value of the holding under subsection (5) of this section; and

(b)if, on the date specified in subsection (5)(a) of this section, the tenant occupied the whole or any part of the domestic property, the amount of compensation to which he is entitled under subsection (1) of this section shall be increased by the addition of a sum equal to his reasonable expenses in removing from the domestic property.

(5B)Any question as to the amount of the sum referred to in paragraph (b) of subsection (5A) of this section shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the court.

(5C)If the whole of the holding is domestic property, as defined in section 66 of the Local Government Finance Act 1988, for the purposes of subsection (2) of this section the rateable value of the holding shall be taken to be an amount equal to the rent at which it is estimated the holding might reasonably be expected to let from year to year if the tenant undertook to pay all usual tenant’s rates and taxes and to bear the cost of the repairs and insurance and the other expenses (if any) necessary to maintain the holding in a state to command that rent.

(5D)The following provisions shall have effect as regards a determination of an amount mentioned in subsection (5C) of this section—

(a)the date by reference to which such a determination is to be made is the date on which the landlord’s notice under section 25 or, as the case may be, subsection (6) of section 26 of this Act is given;

(b)any dispute arising, whether in proceedings before the court or otherwise, as to such a determination shall be referred to the Commissioners of Inland Revenue for decision by a valuation officer;

(c)an appeal shall lie to the Lands Tribunal from such a decision but, subject to that, such a decision shall be final.”

(4)At the end of subsection (8) (definition of “the appropriate multiplier”) there shall be added the words “and different multipliers may be so prescribed in relation to different cases”.

3The amendments made by paragraph 2 above do not have effect unless the date which, apart from paragraph 4 below, is relevant for determining the rateable value of the holding under subsection (5) of section 37 is on or after 1st April 1990.

4(1)Subject to paragraph 3 above and paragraph 5 below, in any case where—

(a)the tenancy concerned was entered into before 1st April 1990 or was entered into on or after that date in pursuance of a contract made before that date, and

(b)the landlord’s notice under section 25 or, as the case may be, section 26(6) is given before 1st April 2000, and

(c)within the period referred to in section 29(3) for the making of an application under section 24(1), the tenant gives notice to the landlord that he wants the special basis of compensation provided for by this paragraph,

the amendments made by paragraph 2 above shall not have effect and section 37 shall, instead, have effect with the modification specified in sub-paragraph (2) below.

(2)The modification referred to in sub-paragraph (1) above is that the date which is relevant for the purposes of determining the rateable value of the holding under subsection (5) of section 37 shall be 31st March 1990 instead of the date on which the landlord’s notice is given.

5In any case where—

(a)paragraph 4(1)(a) above applies, and

(b)on 31st March 1990, the rateable value of the holding could be determined only in accordance with paragraph (c) of subsection (5) of section 37,

no notice may be given under paragraph 4(1)(b) above.

Section 160.

SCHEDULE 8Welsh Language Names for Local Authorities

1Any reference in the following provisions of this Schedule to a section is a reference to that section of the [1972 c. 70.] Local Government Act 1972.

2(1)In section 21 (constitution of principal councils in Wales) in subsection (3) after the words “body corporate” there shall be inserted “and, subject to subsection (4) below, shall be known”.

(2)After subsection (3) of that section there shall be inserted the following subsections—

“(4)If and so long as this subsection is in force in relation to a principal council, subsection (3) above shall have effect in relation to that council as if for the words “The County Council” there were substituted “Cyngor Sir” or, as the case may be, as if for the words “The District Council” there were substituted “Cyngor Dosbarth”.

(5)Subsection (4) above shall come into force in relation to a principal council three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council’s description shall be used; and that subsection shall cease to be in force in relation to a principal council three months after the day on which, at a specially convened meeting of the council, it is resolved by a similar majority that the Welsh language form of the council’s description shall cease to be used.”

3(1)In section 33 (constitution and powers of community council) in subsection (2) for the words “body corporate” there shall be inserted “and, subject to subsection (2A) below, shall be known”.

(2)After subsection (2) of that section there shall be inserted the following subsections—

“(2A)If and so long as this subsection is in force in relation to a community council, subsection (2) above shall have effect in relation to that council as if for the words “The Community Council” there were substituted “Cyngor Cymuned”.

(2B)Subsection (2A) above shall come into force in relation to a community council three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council’s description shall be used; and that subsection shall cease to be in force in relation to a community council three months after the day on which, at a specially convened meeting of the council, it is resolved by a similar majority that the Welsh language form of the council’s description shall cease to be used.”

4In section 74 (change of name of county, district etc.) in subsection (3) (notice of change of name) and in subsection (4) (change not to affect rights, liabilities etc.) after the words “this section”, in each case, there shall be inserted “or by virtue of a resolution under section 21(5) above”.

5In section 76 (change of name of community) in subsection (2) (notice of change of name) and in subsection (3) (change not to affect rights, liabilities etc.) after the words “this section”, in each case, there shall be inserted “or by virtue of a resolution under section 33(2B) above”.

6After section 245 (status of certain districts, parishes and communities) there shall be inserted the following section—

“245APower for borough and town councils in Wales to adopt Welsh language form of their descriptions, etc

(1)If and so long as this subsection is in force in relation to a district in Wales which, by virtue of section 245(1) above, has the status of a borough or for which, by virtue of section 245(4) above, the style of borough may be used—

(a)the council shall bear the name “Cyngor Bwrdeistref” instead of “Council of the Borough” or “Borough Council”;

(b)the chairman of the council shall be entitled to the style “maer” instead of “mayor”; and

(c)the vice-chairman of the council shall be entitled to the style “dirprwy faer” instead of “deputy mayor”.

(2)Subject to subsection (3) below, subsection (1) above shall come into force in relation to a district which has the status of a borough, or for which the style of borough may be used, three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council’s description shall be used.

(3)A resolution under subsection (2) above may be passed by the council of a district in Wales notwithstanding that, at the time it is passed, the council does not have the status of a borough; but, if a resolution is passed at such a time, subsection (1) above shall not come into force unless, nor earlier than, the status of a borough is conferred on the district by virtue of section 245(1) above.

(4)Subsection (1) above shall cease to be in force in relation to a district which has the status of a borough, or for which the style of borough may be used, three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council’s description shall cease to be used.

(5)If and so long as this subsection is in force in relation to a community which, by virtue of section 245(6) above, has the status of a town—

(a)the council shall bear the name “Cyngor Tref” instead of “council of the town” or “town council”;

(b)the chairman of the council shall be entitled to the style “maer y dref” instead of “town mayor”; and

(c)the vice-chairman of the council shall be entitled to the style “dirprwy faer y dref” instead of “deputy town mayor”.

(6)Subsection (5) above shall come into force in relation to a community which has the status of a town three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council’s description shall be used.

(7)Subsection (5) above shall cease to be in force in relation to a community which has the status of a town three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council’s description shall cease to be used.

(8)Subsection (10) of section 245 above has effect in relation to this section as it has effect in relation to the foregoing provisions of that section.”

Section 165.

SCHEDULE 9Amendments of Parts VI, IX, XI, XVII and XVIII of the Housing Act 1985

Part IAmendments of Part VI

1(1)In section 189 (repair notice in respect of unfit house), in subsection (1), after the words “dwelling-house”, in the first two places where they occur, there shall be inserted “or house in multiple occupation” and for the words from “unless they are satisfied” onwards there shall be substituted “if they are satisfied, in accordance with section 604A, that serving a notice under this subsection is the most satisfactory course of action”.

(2)In subsection (1A) of that section—

(a)for the words “a dwelling-house which is a flat” there shall be substituted “either a dwelling-house which is a flat or a flat in multiple occupation”;

(b)for the words from “by reason” to “outside the flat” there shall be substituted “by virtue of section 604(2)”; and

(c)for the words from “that part of the building” onwards there shall be substituted “the part of the building in question if they are satisfied, in accordance with section 604A, that serving a notice under this subsection is the most satisfactory course of action”.

(3)After subsection (1A) there shall be inserted the following subsection—

“(1B)In the case of a house in multiple occupation, a repair notice may be served on the person managing the house instead of on the person having control; and where a notice is so served, then, subject to section 191, the person managing the house shall be regarded as the person having control of it for the purposes of the provisions of this Part following that section.”

(4)In subsection (2) of that section, in paragraph (a) after the words “works specified in the notice” there shall be inserted “(which may be works of repair or improvement or both)” and for the words “seventh day after the notice becomes operative” there shall be substituted “twenty-eighth day after the notice is served”, and in paragraph (b) after the words “dwelling-house” there shall be inserted “or, as the case may be, house in multiple occupation”.

(5)In subsection (3) of that section—

(a)after the words “serving the notice” there shall be inserted “(a)”;

(b)after the words “building concerned” there shall be inserted “or

(b)on the person having control of or, as the case may be, on the person managing the house in multiple occupation which is concerned”; and

(c)in the words following paragraph (b), as set out above, for the words “or part of the building” there shall be substituted “part of the building or house”.

(6)After subsection (5) there shall be added the following subsection—

“(6)This section has effect subject to the provisions of section 190A.”

2(1)In section 190 (repair notice in respect of house in state of disrepair but not unfit)—

(a)at the beginning of each of subsections (1) and (1A) there shall be inserted the words “Subject to subsection (1B)”;

(b)in subsection (1), after the words “dwelling-house”, in each place where they occur, there shall be inserted “or house in multiple occupation” and at the end of paragraph (b) of that subsection there shall be added “or, in the case of a house in multiple occupation, the persons occupying it (whether as tenants or licensees)”; and

(c)in subsection (1A) after the words “a flat” there shall be inserted “including a flat in multiple occupation” and at the end of paragraph (b) of that subsection there shall be added “or, in the case of a flat in multiple occupation, the persons occupying it (whether as tenants or licensees)”.

(2)After subsections (1A) there shall be inserted the following subsections—

“(1B)The authority may not serve a notice under subsection (1) or subsection (1A) unless—

(a)there is an occupying tenant of the dwelling-house or flat concerned; or

(b)the dwelling-house or building concerned falls within a renewal area within the meaning of Part VII of the Local Government and Housing Act 1989.

(1C)In the case of a house in multiple occupation, a notice under subsection (1) or subsection (1A) may be served on the person managing the house instead of on the person having control of it; and where a notice is so served, then, subject to section 191, the person managing the house shall be regarded as the person having control of it for the purposes of the provisions of this Part following that section.”

(3)In subsection (2)(a) of that section for the words “seventh day after the notice becomes operative” there shall be substituted “twenty-eighth day after the notice is served”.

(4)In subsection (3) of that section—

(a)after the words “serving the notice” there shall be inserted “(a)”;

(b)after the words “building concerned” there shall be inserted “or

(b)on the person having control of or, as the case may be, on the person managing the house in multiple occupation which is concerned”; and

(c)in the words following paragraph (b), as set out above, for the words “or part of the building” there shall be substituted “part of the building or house”.

3After that section there shall be inserted the following section—

“190AEffect on section 189 of proposal to include premises in group repair scheme

(1)A local housing authority shall not be under a duty to serve a repair notice under subsection (1) or, as the case may be, subsection (1A) of section 189 if, at the same time as they satisfy themselves as mentioned in the subsection in question, they determine—

(a)that the premises concerned form part of a building which would be a qualifying building in relation to a group repair scheme; and

(b)that, within the period of twelve months beginning at that time, they expect to prepare a group repair scheme in respect of the qualifying building (in this section referred to as a “relevant scheme”);

but where, having so determined, the authority do serve such a notice, they may do so with respect only to those works which, in their opinion, will not be carried out to the premises concerned in pursuance of the relevant scheme.

(2)Subject to subsection (3), subsection (1) shall apply in relation to the premises concerned from the time referred to in subsection (1) until the date on which the works specified in a relevant scheme are completed to the authority’s satisfaction (as certified under section 130(1) of the Local Government and Housing Act 1989).

(3)Subsection (1) shall cease to have effect in relation to the premises concerned on the day when the first of the following events occurs, that is to say,—

(a)the local housing authority determine not to submit a relevant scheme to the Secretary of State for approval; or

(b)the expiry of the period referred to in subsection (1)(b) without either the approval of a relevant scheme within that period or the submission of a relevant scheme to the Secretary of State within that period; or

(c)the Secretary of State notifies the authority that he does not approve a relevant scheme; or

(d)the authority ascertain that a relevant scheme, as submitted or approved, will not, for whatever reason, involve the carrying out of any works to the premises concerned.

(4)In any case where, in accordance with subsection (1), the authority serve a repair notice under subsection (1) or, as the case may be, subsection (1A) of section 189 with respect only to certain of the works which would otherwise be specified in the notice, subsection (2)(b) of that section shall have effect with respect to the notice as if after the word “notice” there were inserted the words “when taken together with works proposed to be carried out under a group repair scheme”.

(5)In this section and section 189 “group repair scheme” and “qualifying building” have the same meaning as in Part VIII of the Local Government and Housing Act 1989.”

4(1)In section 191 (appeals against repair notices), in subsection (1A) after the words “dwelling-house” there shall be inserted “house in multiple occupation” and after that subsection there shall be inserted the following subsection—

“(1B)Without prejudice to the generality of subsection (1), it shall be a ground of appeal, in the case of a repair notice under section 189, that making a closing order under section 264 or a demolition order under section 265 is the most satisfactory course of action; and, where the grounds on which an appeal is brought are or include that specified in this subsection, the court, on the hearing of the appeal, shall have regard to any guidance given to the local housing authority under section 604A.”

(2)In subsection (3) of that section the words “(repair notice in respect of unfit dwelling-house)” shall be omitted and for the words from “the judge shall” onwards there shall be substituted— “and the reason or one of the reasons for allowing the appeal is that making a closing order under section 264 or a demolition order under section 265 is the most satisfactory course of action, the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgement a finding to that effect

(3)In subsection (3B) of that section after the words “dwelling-house”, in both places where they occur, there shall be inserted “or house in multiple occupation”.

5After that section there shall inserted the following section—

“191AExecution of works by local housing authority by agreement

(1)The local housing authority may by agreement with the person having control of any premises execute at his expense any works which he is required to execute in respect of the premises in pursuance of a repair notice served under section 189 or section 190.

(2)For that purpose the authority shall have all such rights as that person would have against any occupying tenant of, and any other person having an interest in, the premises (or any part of the premises).”

6Section 192 (power to purchase house found on appeal to be unfit and beyond repair at reasonable expense) shall cease to have effect.

7In section 193 (power of local housing authority to execute works), in subsection (4) after the words “dwelling-house” there shall be inserted “house in multiple occupation” and for the words “in default of the person on whom the repair notice was served” there shall be substituted “in a case where the repair notice has not been complied with”.

8(1)In section 197 (powers of entry), in subsection (1)—

(a)for the words “24 hours”' there shall be substituted “seven days' ”;

(b)at the end of paragraph (a) there shall be inserted “or”; and

(c)paragraph (c) and the word “or” immediately preceding it shall be omitted.

(2)At the end of subsection (2) of that section there shall be added the words “and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf”.

9In section 198 (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “intentionally”.

10Section 205 (application of provisions to temporary or movable structures) shall cease to have effect.

11Section 206 (repair at reasonable expense) shall cease to have effect.

12(1)In section 207 (minor definitions), in subsection (1) in the definition beginning “dwelling-house” after the word “flat”, in the first place where it occurs, there shall be inserted “other than in the expression “flat in multiple occupation” ” and after that definition there shall be inserted—

““house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI”.

(2)In that subsection for the definition beginning “occupying tenant” there shall be substituted—

““occupying tenant”, in relation to a dwelling-house, means a person (other than an owner-occupier) who—

(a)occupies or is entitled to occupy the dwelling-house as a lessee; or

(b)is a statutory tenant of the dwelling-house; or

(c)occupies the dwelling-house as a residence under a restricted contract; or

(d)is a protected occupier, within the meaning of the Rent (Agriculture) Act 1976; or

(e)is a licensee under an assured agricultural occupancy;”

(3)In that subsection after the definition of “owner” there shall be inserted—

““owner-occupier”, in relation to a dwelling-house, means the person who, as owner or lessee under a long tenancy, within the meaning of Part I of the Leasehold Reform Act 1967, occupies or is entitled to occupy the dwelling-house;

“person managing” has the same meaning as in Part XI”.

(4)In that subsection in the definition beginning “person having control” for the words “subject to section 191(3A)” there shall be substituted “subject to sections 189(1B), 190(1C) and 191” and in paragraph (a) after the words “dwelling-house” there shall be inserted “or house in multiple occupation”.

(5)In that subsection in the definition beginning “premises” after the words “dwelling-house” there shall be inserted “house in multiple occupation”.

(6)In subsection (2) of that section after the words “dwelling-house”, in the first place where they occur, there shall be inserted “or house in multiple occupation”.

13In section 208 (index of defined expressions for Part VI)—

(a)the entries beginning “house” and “reasonable expense” shall be omitted;

(b)in the entry beginning “occupying tenant” for the words in the second column there shall be substituted “section 207”; and

(c)at the appropriate places in alphabetical order there shall be inserted the following entries—

Part IIAmendments of Part IX

14For sections 264 (power to accept undertaking as to reconstruction or use of unfit house) and 265 (demolition or closing order to be made where no undertaking accepted or undertaking broken) there shall be substituted the following sections—

“264Power to make closing order

(1)Where the local housing authority are satisfied that a dwelling-house or house in multiple occupation is unfit for human habitation and that, in accordance with section 604A, taking action under this subsection is the most satisfactory course of action, they shall make a closing order with respect to the dwelling-house or house in multiple occupation.

(2)Where the local housing authority are satisfied that, in a building containing one or more flats, some or all of the flats are unfit for human habitation and that, in accordance with section 604A, taking action under this subsection is the most satisfactory course of action, they shall make a closing order with respect to the whole or part of the building.

(3)In deciding for the purposes of subsection (2)—

(a)whether to make a closing order with respect to the whole or part of the building; or

(b)in respect of which part of the building to make a closing order;

the authority shall have regard to such guidance as may from time to time be given by the Secretary of State under section 604A.

(4)This section has effect subject to section 300(1) (power to purchase for temporary housing use houses liable to be demolished or closed).

265Power to make demolition order

(1)Where the local housing authority are satisfied that—

(a)a dwelling-house which is not a flat, or

(b)a house in multiple occupation which is not a flat in multiple occupation,

is unfit for human habitation and that, in accordance with section 604A, taking action under this subsection is the most satisfactory course of action, they shall make a demolition order with respect to the dwelling-house or house concerned.

(2)Where the local housing authority are satisfied that, in a building containing one or more flats, some or all of the flats are unfit for human habitation and that, in accordance with section 604A, taking action under this subsection is the most satisfactory course of action, they shall make a demolition order with respect to the building.

(3)This section has effect subject to sections 300(1) (power to purchase for temporary housing use houses liable to be demolished or closed) and 304(1) (listed buildings and buildings protected by notice pending listing).”

15Section 266 (power to make closing order as to part of building) shall cease to have effect.

16(1)In section 268 (service of notice of order), in subsection (1), paragraph (a) shall be omitted and in paragraph (b) the word “other” shall be omitted.

(2)After that subsection there shall be inserted the following subsection—

“(1A)Where the premises in respect of which a demolition or closing order is made is a building or part of a building containing flats, any reference in paragraphs (b) and (c) of subsection (1) to “the premises” includes a reference to the flats in the building or part of the building concerned.”

17(1)In section 269 (right of appeal against order), in subsection (2) after the word “premises” there shall be inserted “or part of the premises”.

(2)After that subsection there shall be inserted the following subsection—

“(2A)Without prejudice to the generality of subsection (1), it shall be a ground of appeal—

(a)in the case of a closing order, that serving a repair notice under section 189 or making a demolition order under section 265 is the most satisfactory course of action; and

(b)in the case of a demolition order, that serving a repair notice under section 189 or making a closing order under section 264 is the most satisfactory course of action;

and, where the grounds on which an appeal is brought are or include that specified in paragraph (a) or paragraph (b), the court, on hearing the appeal, shall have regard to any guidance given to the local housing authority under section 604A.”

(3)In subsection (3) of that section, paragraph (b) and the word “and” immediately preceding it shall be omitted.

(4)After that subsection there shall be inserted the following subsection—

“(3A)Where an appeal is allowed against a closing or demolition order and the reason or one of the reasons for allowing the appeal is that specified in paragraph (a) or, as the case may be, paragraph (b) of subsection (2A), the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgement a finding to that effect.”

(5)Subsections (4) and (5) of that section shall cease to have effect.

18(1)In section 270 (demolition orders: recovery of possession of building to be demolished), in subsection (1)—

(a)after the word “operative” there shall be inserted “with respect to any premises”;

(b)for the words from “the occupier” to “relates” there shall be substituted “any occupier of the premises or any part of the premises”; and

(c)in paragraphs (b) and (c) for the word “building” there shall be substituted “premises”.

(2)In subsections (2), (3), (4) and (5) of that section—

(a)for the words “the building”, in each place where they occur, there shall be substituted “the premises”;

(b)for the word “it”, in each place where it occurs, there shall be substituted “them”; and

(c)for the words “a building”, in each place where they occur, there shall be substituted “any premises”.

19In section 273 (demolition orders: cleansing before demolition), in subsection (4) for the word “house” there shall be substituted “premises”.

20(1)In section 274 (demolition orders: power to permit reconstruction of condemned house), in subsection (1) for the word “house”, in each place where it occurs, there shall be substituted “premises”.

(2)In subsection (2) of that section—

(a)for the word “houses” there shall be substituted “dwelling-houses or houses in multiple occupation”;

(b)for the word “house” there shall be substituted “premises”; and

(c)for the word “it” there shall be substituted “them”.

(3)In subsection (4) of that subsection—

(a)for the words “a house” there shall be substituted “any premises”;

(b)for the word “it” there shall be substituted “them”; and

(c)for the words “the house” there shall be substituted “the premises or part of the premises”.

21(1)In section 275 (demolition orders: substitution of closing order to permit use otherwise than for human habitation), in subsection (1)—

(a)for the words “a house” there shall be substituted “any premises”; and

(b)for the words “the house”, in each place where they occur, there shall be substituted “the premises”.

(2)In subsection (2) of that section, for the words following “on” there shall be substituted “every person on whom they would be required by section 268 to serve a copy of a closing order made under section 264”.

22In section 278 (closing orders: determination of order on premises being rendered fit), in subsection (1) for the words “premises”, in the first place where they occur, there shall be substituted “dwelling-house, house in multiple occupation or, in the case of a building containing flats, the flats concerned”.

23(1)In section 279 (closing orders: substitution of demolition order), in subsection (1) for the words “subsection (2)” there shall be substituted “subsections (2) and (2A)”.

(2)In subsection (2) of that section the words “section 266 (parts of buildings and underground rooms)” shall be omitted.

(3)After that subsection there shall be inserted the following subsection—

“(2A)The power conferred by subsection (1) is not exercisable in relation to a closing order made under section 264(1) where the dwelling-house concerned is a flat or, as the case may be, where the house in multiple occupation is a flat in multiple occupation.”

24Sections 280, 281 and 282 (which relate to the closing etc. of underground rooms) shall cease to have effect.

25(1)In section 289 (declaration of clearance area), in subsection (2)—

(a)at the beginning there shall be inserted the words “Subject to subsections (2B) to (2F), (4) and (5B)”;

(b)in paragraph (a) for the words “houses in the area” there shall be substituted “buildings in the area which are dwelling-houses or houses in multiple occupation or contain one or more flats (in this section referred to as “residential buildings”)”; and

(c)in the words following paragraph (b) after the word “and” there shall be inserted “in accordance with subsection 604A” and for the words “method of dealing with the conditions in the area” there shall be substituted “course of action”.

(2)After that subsection there shall be inserted the following subsections—

“(2A)A residential building containing one or more flats shall be treated for the purposes of this section as unfit for human habitation if some or all of the flats within it are unfit for human habitation.

(2B)Before declaring an area to be a clearance area, the authority shall—

(a)serve notice of their intention to include a building in the clearance area on every person who has an interest in the building (whether as freeholder, lessee or mortgagee) and also, in the case of a residential building, on every person who has such an interest in any flat in the building; and

(b)take reasonable steps to inform any occupiers of a residential building who do not have such an interest in the building or a flat in the building as is referred to in paragraph (a) of their intention to include the building in the clearance area; and

(c)publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) notice of their intention to declare the area to be a clearance area.

(2C)A notice served under paragraph (a) of subsection (2B) shall invite representations from the person on whom the notice was served within such reasonable period, being not less than twenty-eight days after the date on which the notice is served, as may be specified in the notice.

(2D)The authority shall, by the steps taken in relation to occupiers of a residential building as mentioned in paragraph (b) of subsection (2B), invite representations from those occupiers within such reasonable period, expiring not less than twenty-eight days after the date on which the steps are taken, as may be specified by the authority.

(2E)A notice published in accordance with paragraph (c) of subsection (2B) shall invite representations from any interested persons within such reasonable period, being not less than twenty-eight days after the date on which the notice is published, as may be specified in the notice.

(2F)The authority shall consider all representations made under subsections (2C), (2D) and (2E) and, in the light of the representations, shall take whichever of the following decisions they think appropriate, that is to say—

(a)they may decide to declare the area to be a clearance area; or

(b)they may decide to declare the area to be a clearance area but exclude such residential buildings which are unfit for human habitation as they think fit; or

(c)they may decide not to declare the area to be a clearance area.”

(3)In subsection (3) of that section,—

(a)for the words “If the authority are so satisfied” there shall be substituted the words “Subject to subsection (5B), where the authority decide to declare an area to be a clearance area in accordance with paragraph (a) or paragraph (b) of subsection (2F)”; and

(b)in paragraph (a), for the words from “any building” onwards there shall be substituted—

“(i)any residential building which is not unfit for human habitation or dangerous or injurious to health;

(ii)any other building which is not dangerous or injurious to health; and

(iii)any residential buildings which, by virtue of subsection (2F)(b), they have decided to exclude from the area; and”.

(4)After subsection (5) there shall be inserted the following subsections—

“(5A)Where a residential building which is unfit for human habitation is not included within a clearance area, whether by virtue of paragraph (b) or paragraph (c) of subsection (2F), the authority shall forthwith, in accordance with section 604A (disregarding guidance under that section in respect of this section), take action in respect of the building (and any flat contained within it) under whichever of sections 189, 264 and 265 it considers to be the most satisfactory course of action.

(5B)Subject to section 578A, a clearance area may not include any parcel of land which is not contiguous with another parcel of land within the area; and, where the effect of subsection (3) would otherwise be that a clearance area would comprise two or more separate and distinct areas, paragraph (b) of that subsection shall have effect as if for the words “pass a resolution declaring the area so defined” there were substituted “if the effect of paragraph (a) would otherwise be that the area would comprise two or more separate and distinct areas, pass a separate resolution in respect of each of those areas declaring each of them”.”

26In section 291 (method of dealing with land acquired for clearance), in subsection (3) the words “Schedule 11 (rehabilitation orders)” shall be omitted.

27(1)In section 294 (extinguishment of public rights of way over land acquired), at the end of subsection (1) there shall be added the words “as from such date as the Secretary of State in approving the order may direct”.

(2)In subsection (2) of that section for the words from “they may make” onwards there shall be substituted “an order made by the authority in advance of the purchase and approved by the Secretary of State (whether before or after the purchase) shall extinguish that right as from such date as the Secretary of State in approving the order may direct”.

(3)In subsection (3) of that section—

(a)for the word “six” there shall be substituted “four”; and

(b)after the word “publication” there shall be inserted “then, subject to subsection (4)”.

(4)After that subsection there shall be inserted the following subsection—

“(4)The Secretary of State may dispense with such an inquiry as is referred to in subsection (3) if he is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary.”

28Section 299 and Schedule 11 (rehabilitation orders in respect of houses in clearance areas) shall cease to have effect.

29(1)In section 300 (purchase of houses liable to be demolished or closed), in subsection (1)—

(a)after the word “under” there shall be inserted “section 264 or”;

(b)for the word “house”, in the first place where it occurs, there shall be substituted “dwelling-house (not being a flat), a house in multiple occupation (not being a flat in multiple occupation) or the whole of a building”; and

(c)for the word “house”, in the second place where it occurs, there shall be substituted “dwelling-house, house in multiple occupation or, as the case may be, building”.

(2)In subsection (2) of that section—

(a)for the words “a house” there shall be substituted “any premises”; and

(b)in paragraph (b) for “269” there shall be substituted “269(1), (2), (3) and (6)”.

(3)In subsection (3) of that section for the word “house” there shall be substituted “dwelling-house, house in multiple occupation or building”.

30(1)In section 301 (retention of houses acquired for clearance), in subsection (1) for the word “houses”, in each place where it occurs, there shall be substituted “residential buildings”.

(2)In subsection (2) of that section for the word “house”, in each place where it occurs, there shall be substituted “residential building”.

(3)In subsection (3) of that section for the word “houses”, in each place where it occurs, there shall be substituted “residential buildings”.

(4)After that subsection there shall be inserted the following subsection—

“(4)In this section and section 302 “residential building” has the same meaning as it has in section 289.”

31In section 302 (management and repair of house acquired under s. 300 or retained under s. 301)—

(a)for the word “house”, in each place where it occurs except in paragraph (c), there shall be substituted “residential building”; and

(b)in paragraph (c) for the word “house” there shall be substituted “residential building or any flat in the building”.

32(1)In section 304 (closing order to be in respect of listed building), in subsection (1)—

(a)for the words from “(unfit” to “cost)” there shall be substituted “(power to make demolition order)”; and

(b)for the words “that section” there shall be substituted “section 264”.

(2)In subsection (2) of that section—

(a)for the word “house”, in each place where it occurs, there shall be substituted “dwelling-house, house in multiple occupation or building”; and

(b)for the words “section 265” there shall be substituted “section 264”.

(3)In subsection (3) of that section for the word “house”, in each place where it occurs, there shall be substituted “dwelling-house, house in multiple occupation or building”.

33(1)In section 305 (building becoming listed when subject to compulsory purchase for clearance), in subsection (5)—

(a)for the word “building”, in the first place where it occurs, there shall be substituted “residential building”; and

(b)for the words from “take whichever” onwards there shall be substituted the words “ in accordance with section 604A (disregarding guidance under that section in respect of sections 265 and 289), take action under whichever of sections 189 and 264 it considers to be the most satisfactory course of action.”

(2)In subsection (6) of that section for the word “house”, in each place where it occurs, there shall be substituted “residential building”.

(3)After subsection (7) of that section there shall be inserted the following subsection—

“(8)In this section “residential building” has the same meaning as in section 289; and subsection (2A) of that section shall apply in determining whether a residential building containing one or more flats is unfit for human habitation for the purposes of subsection (4) as it applies for the purposes of that section.”

34In section 306 (building becoming listed when acquired by agreement for clearance), in subsection (2), in paragraph (b) for the word “house” there shall be substituted “residential building (within the meaning of section 289)”.

35In section 309 (recovery of possession of premises for purposes of approved re-development), in subsection (2) for the word “house”, in each place where it occurs, there shall be substituted “dwelling-house”.

36(1)In section 310 (certificate of fitness resulting from owner’s improvements or alterations), in subsection (1)—

(a)for the word “house”, in the first place where it occurs, there shall be substituted “dwelling-house, house in multiple occupation or building containing one or more flats”; and

(b)for the word “house”, in the second place where it occurs, there shall be substituted “dwelling-house, the house or the flat or flats in the building”.

(2)In subsection (3) of that section for the words “house is” there shall be substituted “dwelling-house or house is or, as the case may be, the flat or flats in the building is or are”.

(3)In subsection (4) of that section for the word “house”, in each place where it occurs, there shall be substituted “dwelling-house, house in multiple occupation or building”.

37In section 315 (power of court to order occupier or owner to permit things to be done), in subsection (1)—

(a)in paragraph (a) the words “or person having control” shall be omitted; and

(b)in paragraph (b) for the words “owner or person having control” there shall be substituted “or owner”.

38In section 318 (power of court to authorise execution of works on unfit premises or for improvement), in subsection (1) for the word “houses” there shall be substituted “dwelling-houses or houses in multiple occupation or both”.

39(1)In section 319 (powers of entry), in subsection (1) for the words “24 hours”' there shall be substituted “seven days”'.

(2)At the end of subsection (2) of that section there shall be added the words “and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf”.

40(1)In section 320 (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “intentionally”.

(2)In subsection (2) of that section for the words “level 2” there shall be substituted “level 3”.

41Section 321 (repair at reasonable expense) shall cease to have effect.

42In section 322 (minor definitions)—

(a)for the definition of “house” there shall be substituted—

““dwelling-house” and “flat”, except in the expression “flat in multiple occupation”, shall be construed in accordance with subsection (2) and “the building”, in relation to a flat, means the building containing the flat;

“house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI”;

(b)the definition of “person having control” shall be omitted; and

(c)at the end there shall be added—

““premises”, in relation to a demolition or closing order, means the dwelling-house, house in multiple occupation, building or part of a building in respect of which the closing order or, as the case may be, demolition order is made.

(2)For the purposes of this Part, “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.

(3)Except where the context otherwise requires, any reference in this Part (other than this section) to a flat is a reference to a dwelling-house which is a flat or to a flat in multiple occupation.”

43In section 323 (index of defined expressions: Part IX)—

(a)the entries beginning “the full standard”, “general improvement area”, “house”, “land liable to be cleared”, “person having control”, “slum clearance functions”, “slum clearance subsidy” and “year” shall be omitted

(b)in the entries beginning “fit (or unfit) for human habitation” and “unfit (or fit) for human habitation” for the words in the second column there shall be substituted “section 604”; and

(c)at the appropriate places in alphabetical order there shall be inserted the following entries—

Part IIIAmendments of Part XI

44At the end of section 345 (meaning of “multiple occupation”) there shall be added the following subsection—

“(2)For the purposes of this section “house”, in the expression “house in multiple occupation”, includes any part of a building which—

(a)apart from this subsection would not be regarded as a house; and

(b)was originally constructed or subsequently adapted for occupation by a single household;

and any reference in this Part to a flat in multiple occupation is a reference to a part of a building which, whether by virtue of this subsection or without regard to it, constitutes a house in multiple occupation.”

45(1)In section 346 (registration schemes), in subsection (1), paragraph (b) and the word “and ” immediately preceding it shall be omitted.

(2)In subsection (2) of that section the words “or building” shall be omitted and for the words “paragraphs (a) and (b)” there shall be substituted “paragraph (a)”.

(3)In subsection (3) of that section the words “or building”, in each place where they occur, shall be omitted.

(4)In subsection (6) of that section—

(a)at the beginning there shall be inserted “Subject to section 347(4)”;

(b)for the words from “except in a case” to “level 2” there shall be substituted “level 3”; and

(c)at the end there shall be added the words “and, if the contravention or failure continues, he commits a further summary offence and is liable on conviction to a fine not exceeding one-tenth of the amount corresponding to that level for every day or part of a day during which the contravention or failure continues”.

46In section 347 (control provisions), in subsection (4)—

(a)for the words “A person” there shall be substituted “Where a person is”; and

(b)for the words from “is liable” to the end there shall be substituted “the said section 346(6) shall have effect as if for the words “level 3” there were substituted “level 4”.”

47In section 349 (steps required to inform public about scheme), in subsection (2), in paragraph (b) the words “and buildings” shall be omitted.

48(1)In section 350 (power to require information for purposes of scheme), in subsection (1) the words “or building”, in each place where they occur, shall be omitted.

(2)In subsection (2) of that section after the word “exceeding” there shall be inserted “(a)” and at the end there shall be added “in the case of such a failure; or

(b)level 3 on the standard scale in the case of such a mis-statement”.

49(1)In section 352 (power to require execution of works to render premises fit for number of occupants), in subsection (1) at the beginning there shall be inserted “Subject to section 365” and for the words from “the condition of a house” onwards there shall be substituted— “in the opinion of the authority, a house in multiple occupation fails to meet one or more of the requirements in paragraphs (a) to (e) of subsection (1A) and, having regard to the number of individuals or households or both for the time being accommodated on the premises, by reason of that failure the premises are not reasonably suitable for occupation by those individuals or households.

(1A)The requirements in respect of a house in multiple occupation referred to in subsection (1) are the following, that is to say,—

(a)there are satisfactory facilities for the storage, preparation and cooking of food including an adequate number of sinks with a satisfactory supply of hot and cold water;

(b)it has an adequate number of suitably located water-closets for the exclusive use of the occupants;

(c)it has, for the exclusive use of the occupants, an adequate number of suitably located fixed baths or showers and wash-hand basins each of which is provided with a satisfactory supply of hot and cold water;

(d)subject to section 365, there are adequate means of escape from fire; and

(e)there are adequate other fire precautions.”

(2)In subsection (2) of that section, at the beginning there shall be inserted “Subject to subsection (2A)”, for the word “premises”, in both places where it occurs, there shall be substituted “house” and at the end of that subsection there shall be added— “but the notice shall not specify any works to any premises outside the house

(3)After that subsection there shall be inserted the following subsection—

“(2A)Where the authority have exercised or propose to exercise their powers under section 368 to secure that part of the house is not used for human habitation, they may specify in the notice such work only as in their opinion is required to meet such of the requirements in subsection (1A) as may be applicable if that part is not so used.”

(4)In subsection (3) of that section for paragraph (b) there shall be substituted—

“(e)on the person managing the house;”; and in the words following that paragraph after the word “lessee” there shall be inserted “occupier”.

(5)After subsection (5) of that section there shall be inserted the following subsections—

“(5A)A notice served under this section is a local land charge.

(5B)Each local housing authority shall—

(a)maintain a register of notices served by the authority under subsection (1) after the coming into force of this subsection;

(b)ensure the register is open to inspection by the public free of charge at all reasonable hours; and

(c)on request, and on payment of any such reasonable fee as the authority may require, supply copies of entries in the register to any person.”

(6)Subsection (6) of that section shall cease to have effect.

50In each of the following provisions, that is to say—

(a)section 352, in subsection (4) (effect of notice), and

(b)section 372 (power to require execution of works to remedy neglect of management), in subsection (3) (effect of notice),

for the words from “within such period” onwards there shall be substituted the words “as follows, namely,—

(a)to begin those works not later than such reasonable date, being not earlier than the twenty-first day after the date of service of the notice, as is specified in the notice; and

(b)to complete those works within such reasonable period as is so specified.”

51In section 353 (appeal against notice under section 352), in subsection (2)—

(a)in paragraph (a) for the words “considerations set out in subsection (1)” there shall be substituted “requirements set out in subsection (1A)”; and

(b)after paragraph (d) there shall be inserted—

“(dd)that the date specified for the beginning of the works is not reasonable”.

52In section 354 (power to limit number of occupants of house), in subsection (1), in paragraph (a) for the words “considerations set out in subsection (1)” there shall be substituted “requirements set out in subsection (1A)”.

53(1)In section 365 (means of escape from fire: general provisions as to exercise of powers) for subsections (1) and (2) there shall be substituted the following subsections—

“(1)In any case where—