Local Government Finance (Wales) Act 2024

Local Government Finance Act 1988 (c. 41) E+W

1 (1) The 1988 Act is amended as follows.

(2) Omit section 41A.

(3) In section 42(5), for “Secretary of State” substitute “appropriate national authority”.

(4) In section 45(1)(d) and (9), for “Secretary of State” substitute “appropriate national authority”.

(5) In section 47(8), for “Secretary of State” substitute “appropriate national authority”.

(6) In section 50(1), for “Secretary of State” substitute “appropriate national authority” and for “he” substitute “it”.

(7) In section 54(8), for “Secretary of State” substitute “appropriate national authority”.

(8) Omit section 54A.

(9) In section 55—

(a) after subsection (1), insert—

“(1A) The Welsh Ministers may make regulations providing that where a copy of a list has been sent under section 41ZA(6) or 52ZA(6) and the valuation officer alters the list before it comes into force—

(a) the officer must inform the billing authority or the Welsh Ministers (as the case may be), and

(b) the authority or the Welsh Ministers (as the case may be) must alter their copy accordingly.”;

(b) in subsection (2), for “Secretary of State” substitute “appropriate national authority”;

(c) in subsection (7A)—

(i) at the beginning insert “In relation to England,”;

(ii) in paragraph (a), omit “or 41A(10)”;

(d) after subsection (7A), insert—

“(7AA) In relation to Wales, the regulations may include provision that—

(a) where a valuation officer for a billing authority has informed the authority of an alteration of a local non-domestic rating list compiled by the officer, the authority must alter its copy of the list accordingly;

(b) where the central valuation officer has informed the Welsh Ministers of an alteration of a central non-domestic rating list compiled for Wales, the Welsh Ministers must alter their copy of the list accordingly.”

(10) In section 58—

(a) in subsection (1), for “Secretary of State” substitute “Welsh Ministers”;

(b) in subsection (5), for “Secretary of State thinks” substitute “Welsh Ministers think”;

(c) in subsection (9), for “Secretary of State” substitute “Welsh Ministers”, for “him” substitute “them” and for “his” substitute “their”;

(d) in subsection (10)(a), for “five” substitute “three”.

(11) In section 59, for “Secretary of State” substitute “appropriate national authority”.

(12) In section 63(1), for “Secretary of State” substitute “appropriate national authority” and for “he sees” substitute “it sees”.

(13) In section 64—

(a) in subsection (2A)(a), for sub-paragraphs (i) and (ii) substitute “the appropriate national authority”;

(b) in subsections (3) and (3A), for “Secretary of State” substitute “appropriate national authority”;

(c) in subsection (11A), for “Secretary of State in relation to England, and the National Assembly in relation to Wales,” substitute “appropriate national authority”.

(14) In section 66(9), for “Secretary of State” substitute “appropriate national authority”.

(15) In section 66A(6), for paragraphs (a) and (b) substitute “by the appropriate national authority”.

(16) In section 67, after subsection (12) insert—

“(12A) References to “the appropriate national authority” are—

(a) in relation to England, to the Secretary of State;

(b) in relation to Wales, to the Welsh Ministers.”

(17) In Schedule 4ZA, omit paragraph 11.

(18) In Schedule 4ZB, omit paragraph 4.

(19) In Schedule 4A, in paragraph 6(2), for “Secretary of State” substitute “appropriate national authority”.

(20) In Schedule 5, in paragraph 13(4), for “Secretary of State” substitute “appropriate national authority”.

(21) In Schedule 5A, omit paragraph 7.

(22) In Schedule 6, in paragraphs 2(3)(b), (6A), (8), (9), (11) and 2A(2)(a), for “Secretary of State” substitute “appropriate national authority”.

(23) In Schedule 9—

(a) in paragraph 1, for “Secretary of State” substitute “appropriate national authority” and for “he” substitute “it”;

(b) in paragraphs 2(1)(c), 3(3), 4(1)(a) and (b), 6(1A), 6A(1) (both places), (2) (both places) and (3), for “Secretary of State” substitute “appropriate national authority”;

(c) in paragraph 8—

(i) in sub-paragraph (1), after “valuation officer” insert “of a billing authority in England”;

(ii) in sub-paragraph (2), after “billing authority” insert “in England” and in paragraph (a), omit “or 41A(10)”;

(iii) in sub-paragraph (4), after “billing authority” insert “in England”;

(d) after paragraph 8, insert—

“8A(1) A person may require a valuation officer of a billing authority in Wales to give access to such information as will enable the person 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 billing authority in Wales to give access to such information as will enable the person to establish—

(a) what is the state of the authority’s copy of a local non-domestic rating list, or

(b) what has been its state at any time since the list was compiled,

if the list is in force or has been in force at any time in the preceding 5 years.

(3) A person may require the Welsh Ministers to give access to such information as will enable the person to establish—

(a) what is the state of the Welsh Ministers’ copy of a central non-domestic rating list, or

(b) what has been its state at any time since the list was compiled,

if the list is in force or has been in force at any time in the preceding 5 years.

(4) A person may require a billing authority in Wales to give access to such information as will enable the person to establish what is the state of a copy of a proposed local non-domestic rating list if—

(a) the authority is keeping the copy under section 41ZA(7), and

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

(5) A person may require the Welsh Ministers to give access to such information as will enable the person to establish what is the state of a copy of a proposed central non-domestic rating list if—

(a) the Welsh Ministers are keeping the copy under section 52ZA(7), and

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

(6) A requirement under sub-paragraphs (1) to (5) must be complied with at a reasonable time and place.

(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 the document or of parts of the document;

(b) require a person having custody of the document to supply a photographic copy of it or of parts of it.

(8) Where access is given under this paragraph to information in a form that 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 a copy in documentary form of (or of extracts from) the information.

(9) No payment may be required for giving access to information under sub-paragraphs (1) to (5), but a reasonable charge may be required for a facility under sub-paragraph (7) or (8), and if it is required, the sub-paragraph concerned does not apply unless the charge is paid.

(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), or

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

that person is liable on summary conviction to a fine not exceeding level 1 on the standard scale.”

Commencement Information

I1 Sch. para. 1 in force at 16.11.2024, see s. 23(2)(a)