Local Government Bill
Lord Rooker (Minister of State (Regeneration and Regional Development), Office of the Deputy Prime Minister; Labour)
My Lords, again, equally briefly, I repeat what I said in Grand Committee. This is a standard drafting formula. There is nothing new about this.
Clause 50 gives the Secretary of State the power to make regulations concerning the administration and collection of the BID levy. During the debate on this amendment in Grand Committee I was asked why Clause 50(3) is necessary when subsection (2) is an indicative, not an exhaustive list. The inclusion of subsection (3) is a standard drafting formula to make sure beyond doubt that the general power in Clause 50(1) is not limited by the specific terms set out in Clause 50(2).
Where, as in Clause 50(2), a list of terms is given, but there is no provision equivalent to subsection (3), the list in subsection (2) will read as an exhaustive list of the areas in which the Secretary of State may make regulations.
Amendment No. 52CA would restrict the Secretary of State's power to make regulations to those items listed in Clause 50(2). That would mean that the Secretary of State would not have the power to introduce an entirely new system of collection and enforcement for the BID levy.
We have always made it clear that we intend to administer the collection and enforcement of the BID levy through the existing non-domestic rating mechanism. However, we want to retain the flexibility to create a different system if the experience of early BIDs suggests that the arrangements are not working. The amendment would remove that flexibility, hence the reason we need subsection (3) as part of Clause 50.