Local Government and Elections (Wales) Act 2021

154 Multipliers E+W

(1) The Local Government Finance Act 1988 (c. 41) is amended as follows.

(2) In Schedule 7 (non-domestic rating: multipliers)—

(a) in paragraph 5(3), at the beginning insert “ In relation to England, ”;

(b) in paragraph 5(4), at the beginning insert “ In relation to England, ”;

(c) in paragraph 5(5), after “C” insert “ , in relation to England, ”;

(d) after paragraph 5(5) insert—

“(5A) In relation to Wales—

(a) B is the consumer prices index for September of the financial year preceding the year concerned, and

(b) C is the consumer prices index for September of the financial year which precedes that preceding the year concerned.

(5B) But where the base month for the consumer prices index for September of the financial year which precedes that preceding the year concerned (the first year) differs from that for the index for September of the year which precedes the year concerned (the second year), C is the figure which the Welsh Ministers calculate would have been the consumer prices index for September of the first year if the base month for that index had been the same as the base month for the index for September of the second year.”;

(e) after paragraph 5(9) insert—

“(9A) References in sub-paragraphs (5A) and (5B) to the consumer prices index are to the general index of consumer prices (for all items) published by the Statistics Board or, if that index is not published for a relevant month, any substituted index or index figures published by the Board.

(9B) For the purposes of sub-paragraph (5B) the base month for the retail prices index for September of a particular year is the month for which the consumer prices index is taken to be 100 and by reference to which the index for the September in question is calculated.”;

(f) after paragraph 5(13) insert—

“(13A) The Welsh Ministers may by regulations amend, repeal or disapply sub-paragraphs (5A), (5B), (9A) and (9B) so as to—

(a) substitute for references to the consumer prices index references to another index, or

(b) provide that—

(i) B is a figure specified or described in (or calculated in a manner specified in) the regulations;

(ii) C is a figure so specified or described (or so calculated).

(13B) The power to make regulations under sub-paragraph (13A) shall be exercisable by statutory instrument.

(13C) Regulations under sub-paragraph (13A), in their application to a particular financial year (including regulations amending or revoking others) shall not be effective unless they are approved by resolution of Senedd Cymru before the approval by Senedd Cymru of the local government finance report for the year, or before 1 March in the preceding financial year (whichever is earlier).”;

(g) in paragraph 5, omit sub-paragraphs (14) and (15);

(h) after paragraph 6(2) insert—

“(2A) Where the financial year is one for which the Welsh Ministers have calculated a figure for C under paragraph 5(5B), the notice must contain the figure they have calculated.”;

(i) after paragraph 6(4B) insert—

“(4C) A calculation made by the Welsh Ministers under this paragraph is also invalid if made at a time when regulations made under paragraph 5(13A) which are effective in relation to the year have not come into force.”;

(j) in paragraph 6(5), after “calculation” insert “ made by the Secretary of State ”.

(3) In section 143 (orders and regulations)—

(a) in subsection (2), for “or the Treasury” substitute “ , the Treasury or the Welsh Ministers ”;

(b) in subsection (9), for “The power to make an order” substitute “ The powers to make an order or regulations ”.