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1E+WIn section 60 of the LGFA 1988 (non-domestic rating: pooling), for “Secretary of State” substitute “ Welsh Ministers ”.
2E+WSchedule 8 to the LGFA 1988 (non-domestic rating: pooling) is amended as follows.
3(1)Paragraph 1 (non-domestic rating accounts) is amended as follows.E+W
(2)In sub-paragraph (1), for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In sub-paragraph (2)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)in paragraph (b), for “Comptroller and Auditor General” substitute “ Auditor General for Wales ”.
(4)Omit sub-paragraph (3).
(5)In sub-paragraph (4), for “Assembly” substitute “ National Assembly for Wales ”.
4(1)Paragraph 2 (credits and debits to non-domestic rating accounts) is amended as follows.E+W
(2)In sub-paragraph (1)—
(a)in paragraph (a), for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)in each of paragraphs (b) and (c), for “him” substitute “ them ”.
(3)In sub-paragraph (2)—
(a)in paragraph (a), for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)in paragraph (b), for “him” substitute “ them ”.
5E+WIn paragraph 3(1) (end of year calculations), for “Secretary of State” substitute “ Welsh Ministers ”.
6E+WBefore paragraph 4 (and after the heading to Part 2 of Schedule 8 but before the heading to that paragraph) insert—
3AAny reference in this Part of this Schedule to a billing authority is a reference to a billing authority in Wales.”
7(1)Paragraph 4 (rules as to calculation of billing authority's non-domestic rating contribution) is amended as follows.E+W
(2)In sub-paragraph (1), for “Secretary of State” substitute “ Welsh Ministers ”.
(3)Omit sub-paragraphs (3), (4B) and (4D).
(4)In sub-paragraph (5)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”,
(b)for “he thinks” in both places substitute “ they think ”, and
(c)for “sub-paragraphs (2) and (3)” substitute “ sub-paragraph (2) ”.
(5)Omit sub-paragraph (5A).
8(1)Paragraph 5 (calculation and payment of billing authority's non-domestic rating contribution) is amended as follows.E+W
(2)In sub-paragraph (2), for “Secretary of State” in both places substitute “ Welsh Ministers ”.
(3)In sub-paragraph (3)—
(a)for “Secretary of State believes” substitute “ Welsh Ministers believe ”,
(b)for “he may” substitute “ they may ”,
(c)for “his” substitute “ their ”,
(d)for “he makes” substitute “ they make ”,
(e)for “he shall” substitute “ they shall ”, and
(f)for “he has” substitute “ they have ”.
(4)In sub-paragraph (4), for “Secretary of State” in both places substitute “ Welsh Ministers ”.
(5)In sub-paragraph (5), for “Secretary of State” substitute “ Welsh Ministers ”.
(6)In sub-paragraph (6)—
(a)in paragraph (b), for “Secretary of State” substitute “ Welsh Ministers ”,
(b)in paragraph (ba) omit the words from “if it is” in the first place they appear to “authority in Wales”, and
(c)in paragraph (c), for sub-paragraphs (i) and (ii) substitute “ under arrangements made by the Auditor General for Wales ”.
(7)In sub-paragraph (6A)—
(a)omit “Commission or the”,
(b)omit “, as the case may be,”, and
(c)for “Secretary of State” substitute “ Welsh Ministers ”.
(8)In sub-paragraph (7)—
(a)for “Secretary of State directs” substitute “ Welsh Ministers direct ”, and
(b)for “he” in both places substitute “ they ”.
(9)In sub-paragraph (8)—
(a)for “Secretary of State receives” substitute “ Welsh Ministers receive ”, and
(b)for “he” substitute “ they ”.
(10)In sub-paragraph (9)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)for “he” substitute “ they ”.
(11)In sub-paragraph (10)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”,
(b)in paragraph (a)—
(i)for “he believes” substitute “ they believe ”, and
(ii)for “his” substitute “ their ”, and
(c)in paragraph (b)—
(i)for “he is” substitute “ they are ”,
(ii)for “he decides” substitute “ they decide ”, and
(iii)omit “with the Treasury's approval”.
(12)In sub-paragraph (11)—
(a)in paragraph (a)—
(i)for “Secretary of State has” substitute “ Welsh Ministers have ”, and
(ii)for “him” substitute “ them ”, and
(b)in paragraph (b), for “Secretary of State” substitute “ Welsh Ministers ”.
(13)In sub-paragraph (12), for “Secretary of State” substitute “ Welsh Ministers ”.
(14)In sub-paragraph (13), for “Secretary of State makes” substitute “ Welsh Ministers make ”.
(15)In sub-paragraph (14)—
(a)in paragraph (a)—
(i)for “Secretary of State” substitute “ Welsh Ministers ”, and
(ii)for “he” substitute “ they ”, and
(b)in paragraph (b)—
(i)for “Secretary of State” substitute “ Welsh Ministers ”,
(ii)for “he decides” substitute “ they decide ”, and
(iii)omit “with the Treasury's approval”.
(16)In sub-paragraph (15)—
(a)for “Secretary of State makes” substitute “ Welsh Ministers make ”, and
(b)in paragraph (a), for “Secretary of State” substitute “ Welsh Ministers ”.
9(1)Paragraph 6 (further provisions as to calculation and payment of billing authority's non-domestic rating contribution) is amended as follows.E+W
(2)In sub-paragraph (2), for “Secretary of State” substitute “ Welsh Ministers ”.
(3)Omit sub-paragraph (4).
(4)In sub-paragraph (5), for “Secretary of State” substitute “ Welsh Ministers ”.
10(1)Paragraph 8 (interpretation of Part 3 of Schedule 8) is amended as follows.E+W
(2)In sub-paragraph (1), for the words from “any billing authority” to the end substitute “—
(a)any billing authority in Wales, or
(b)any major precepting authority in Wales.”
(3)In sub-paragraph (2) omit “78A or”.
(4)Omit sub-paragraph (4).
11(1)Paragraph 9 (calculation of distributable amount) is amended as follows.E+W
(2)In sub-paragraph (1), for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In sub-paragraph (2)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)for “he sees” substitute “ they see ”.
(4)In sub-paragraphs (3) and (4), for “Secretary of State” substitute “ Welsh Ministers ”.
12E+WIn paragraph 9A (application of Part 3 to years where two local government finance reports prepared for Wales), in sub-paragraphs (1)(a) and (3)(a) omit “in relation to Wales”.
13(1)Paragraph 10 (requirement for local government finance report to specify basis of distribution) is amended as follows.E+W
(2)In sub-paragraph (1), for “Secretary of State proposes” substitute “ Welsh Ministers propose ”.
(3)In sub-paragraph (2)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)for “him” substitute “ them ”.
14(1)Paragraph 11 (calculation of sums payable to receiving authorities out of distributable amount) is amended as follows.E+W
(2)In sub-paragraph (1)(b), for “House of Commons” substitute “ Assembly ”.
(3)In sub-paragraph (2), for “House of Commons” substitute “ Assembly ”.
(4)In sub-paragraphs (3) and (4), for “Secretary of State” substitute “ Welsh Ministers ”.
(5)In sub-paragraph (5), for “House of Commons” substitute “ Assembly ”.
(6)In sub-paragraph (6)—
(a)for “Secretary of State decides” substitute “ Welsh Ministers decide ”,
(b)for “he” in both places substitute “ they ”, and
(c)for “him” substitute “ them ”.
(7)In sub-paragraph (7)—
(a)for “Secretary of State informs” substitute “ Welsh Ministers inform ”,
(b)for “his” substitute “ their ”, and
(c)for “he” substitute “ they ”.
(8)In sub-paragraph (8)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)for “he calculates” substitute “ they calculate ”.
15(1)Paragraph 12 (payment of sums to receiving authorities out of distributable amount) is amended as follows.E+W
(2)In sub-paragraph (1), for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In sub-paragraph (2)—
(a)for “Secretary of State determines” substitute “ Welsh Ministers determine ”, and
(b)omit “with the Treasury's consent”.
(4)In sub-paragraph (3), for “Secretary of State” substitute “ Welsh Ministers ”.
(5)In sub-paragraph (4)—
(a)for “Secretary of State determines” substitute “ Welsh Ministers determine ”, and
(b)omit “with the Treasury's consent”.
(6)In sub-paragraphs (5) and (6), for “Secretary of State” substitute “ Welsh Ministers ”.
16(1)Paragraph 13 (making of amending report in relation to local government finance report) is amended as follows.E+W
(2)In sub-paragraph (1), for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In sub-paragraph (3)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”,
(b)for “him” substitute “ them ”, and
(c)for “he proposes” substitute “ they propose ”.
(4)In sub-paragraph (4), for “House of Commons” substitute “ Assembly ”.
(5)In sub-paragraphs (5) and (6)—
(a)for “House of Commons” substitute “ Assembly ”, and
(b)for “Secretary of State” substitute “ Welsh Ministers ”.
17(1)Paragraph 14 (calculation of sums payable to receiving authorities following amending report) is amended as follows.E+W
(2)In sub-paragraph (1)—
(a)for “House of Commons” substitute “ Assembly ”, and
(b)for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In sub-paragraph (2), for “Secretary of State” substitute “ Welsh Ministers ”.
(4)In sub-paragraph (3)(b), for “House of Commons” substitute “ Assembly ”.
18(1)Paragraph 15 (payments following amending report) is amended as follows.E+W
(2)In sub-paragraph (2), for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In sub-paragraph (3)—
(a)for “Secretary of State determines” substitute “ Welsh Ministers determine ”, and
(b)omit “with the Treasury's consent”.
(4)In sub-paragraphs (4) and (5), for “Secretary of State” substitute “ Welsh Ministers ”.
19E+WThe Non-Domestic Rating Act 1992 is amended as follows.
20(1)Section 4 (which modifies Schedule 8 to the LGFA 1988, and which applies with modifications for the financial year beginning in 1995 and subsequent financial years by virtue of section 3 of the Non-Domestic Rating Act 1994) is amended as follows.E+W
(2)In the sub-paragraph (3A) set out in subsection (1)(b)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)in paragraph (b), for “he considers” substitute “ they consider ”.
(3)In the sub-paragraph (3B) set out in subsection (1)(b)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)for “he thinks” substitute “ they think ”.
21E+WIn section 5 (which modifies Schedule 8 to the LGFA 1988, and which applies to the financial year beginning in 1995 and subsequent financial years by virtue of section 3 of the Non-Domestic Rating Act 1994), in the paragraph (d) set out in subsection (1)(b), for “him” in both places substitute “ them ”.
22E+WIn consequence of the amendments made by this Part of this Schedule—
(a)in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672), in the entry for the Local Government Finance Act 1988 omit the words from “The functions of the Comptroller and Auditor General” to “before the Assembly.”, and
(b)in Schedule 7 to the Local Government Act 2003 omit paragraph 26(3).