Local Government Finance Act 2012

1 Local retention of non-domestic rates E+W

(1) The LGFA 1988 is amended in accordance with subsections (2) to (4).

(2) After section 59 insert—

“59A Local retention of non-domestic rates

Schedule 7B (local retention of non-domestic rates) has effect.”

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

(a) in subsection (3) (application of negative Parliamentary procedure to orders and regulations under the Act), for “(9AA)” substitute “ (9E) ”, and

(b) before subsection (10) insert—

“(9C) Any power to make regulations conferred by Schedule 7B (local retention of non-domestic rates) is exercisable by statutory instrument.

(9D) A statutory instrument containing regulations under any of the following provisions of that Schedule (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament—

(a) paragraph 9 (regulations about payments by billing authorities to major precepting authorities);

(b) paragraph 11 (regulations about payments by billing authorities to major precepting authorities out of deductions from central share payments);

(c) paragraph 22 (regulations about calculation of levy payments);

(d) paragraph 25 (regulations about calculation of safety net payments);

(e) paragraph 30 (regulations about distribution of remaining balance);

(f) paragraph 39 or 40 (regulations about designated areas or classes of hereditament), if the regulations contain provision within paragraph 41 (payments to relevant authorities).

(9E) Any other statutory instrument containing regulations under that Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.”

(4) Schedule 1 (which sets out the Schedule to be inserted as Schedule 7B to the LGFA 1988) has effect.

(5) In consequence of the amendment made by subsection (3)(a), in Schedule 7 to the Local Government Act 2003 omit paragraph 24(2).

(6) The amendments made by this section and Schedule 1 have effect in relation to the financial year beginning with 1 April 2013 and subsequent financial years.

(7) But the Secretary of State may by order made by statutory instrument amend subsection (6) by substituting a later financial year.