Local Government and Housing Act 1989

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.”