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Section 149.

SCHEDULE 7 Compensation Provisions of Landlord and Tenant Act 1954, Part II

1 Any reference in this Schedule to a section which is not otherwise identified is a reference to that section of the [1954 c. 56.] Landlord and Tenant Act 1954, Part II of which relates to security of tenure for business, professional and other tenants.

2 (1) Subject to the following provisions of this Schedule, section 37 (compensation where order for new tenancy precluded on certain grounds) shall have effect with the amendments set out below.

(2) At the beginning of subsection (2) there shall be inserted the words “Subject to subsections (5A) to (5D) of this section”.

(3) After subsection (5) there shall be inserted the following subsections—

“(5A) If part of the holding is domestic property, as defined in section 66 of the Local Government Finance Act 1988,—

(a) the domestic property shall be disregarded in determining the rateable value of the holding under subsection (5) of this section; and

(b) if, on the date specified in subsection (5)(a) of this section, the tenant occupied the whole or any part of the domestic property, the amount of compensation to which he is entitled under subsection (1) of this section shall be increased by the addition of a sum equal to his reasonable expenses in removing from the domestic property.

(5B) Any question as to the amount of the sum referred to in paragraph (b) of subsection (5A) of this section shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the court.

(5C) If the whole of the holding is domestic property, as defined in section 66 of the Local Government Finance Act 1988, for the purposes of subsection (2) of this section the rateable value of the holding shall be taken to be an amount equal to the rent at which it is estimated the holding might reasonably be expected to let from year to year if the tenant undertook to pay all usual tenant’s rates and taxes and to bear the cost of the repairs and insurance and the other expenses (if any) necessary to maintain the holding in a state to command that rent.

(5D) The following provisions shall have effect as regards a determination of an amount mentioned in subsection (5C) of this section—

(a) the date by reference to which such a determination is to be made is the date on which the landlord’s notice under section 25 or, as the case may be, subsection (6) of section 26 of this Act is given;

(b) any dispute arising, whether in proceedings before the court or otherwise, as to such a determination shall be referred to the Commissioners of Inland Revenue for decision by a valuation officer;

(c) an appeal shall lie to the Lands Tribunal from such a decision but, subject to that, such a decision shall be final.”

(4) At the end of subsection (8) (definition of “the appropriate multiplier”) there shall be added the words “and different multipliers may be so prescribed in relation to different cases”.

3 The amendments made by paragraph 2 above do not have effect unless the date which, apart from paragraph 4 below, is relevant for determining the rateable value of the holding under subsection (5) of section 37 is on or after 1st April 1990.

4 (1) Subject to paragraph 3 above and paragraph 5 below, in any case where—

(a) the tenancy concerned was entered into before 1st April 1990 or was entered into on or after that date in pursuance of a contract made before that date, and

(b) the landlord’s notice under section 25 or, as the case may be, section 26(6) is given before 1st April 2000, and

(c) within the period referred to in section 29(3) for the making of an application under section 24(1), the tenant gives notice to the landlord that he wants the special basis of compensation provided for by this paragraph,

the amendments made by paragraph 2 above shall not have effect and section 37 shall, instead, have effect with the modification specified in sub-paragraph (2) below.

(2) The modification referred to in sub-paragraph (1) above is that the date which is relevant for the purposes of determining the rateable value of the holding under subsection (5) of section 37 shall be 31st March 1990 instead of the date on which the landlord’s notice is given.

5 In any case where—

(a) paragraph 4(1)(a) above applies, and

(b) on 31st March 1990, the rateable value of the holding could be determined only in accordance with paragraph (c) of subsection (5) of section 37,

no notice may be given under paragraph 4(1)(b) above.

Section 160.

SCHEDULE 8 Welsh Language Names for Local Authorities

1 Any reference in the following provisions of this Schedule to a section is a reference to that section of the [1972 c. 70.] Local Government Act 1972.

2 (1) In section 21 (constitution of principal councils in Wales) in subsection (3) after the words “body corporate” there shall be inserted “and, subject to subsection (4) below, shall be known”.

(2) After subsection (3) of that section there shall be inserted the following subsections—

“(4) If and so long as this subsection is in force in relation to a principal council, subsection (3) above shall have effect in relation to that council as if for the words “The County Council” there were substituted “Cyngor Sir” or, as the case may be, as if for the words “The District Council” there were substituted “Cyngor Dosbarth”.

(5) Subsection (4) above shall come into force in relation to a principal council three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council’s description shall be used; and that subsection shall cease to be in force in relation to a principal council three months after the day on which, at a specially convened meeting of the council, it is resolved by a similar majority that the Welsh language form of the council’s description shall cease to be used.”

3 (1) In section 33 (constitution and powers of community council) in subsection (2) for the words “body corporate” there shall be inserted “and, subject to subsection (2A) below, shall be known”.

(2) After subsection (2) of that section there shall be inserted the following subsections—

“(2A) If and so long as this subsection is in force in relation to a community council, subsection (2) above shall have effect in relation to that council as if for the words “The Community Council” there were substituted “Cyngor Cymuned”.

(2B) Subsection (2A) above shall come into force in relation to a community council three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council’s description shall be used; and that subsection shall cease to be in force in relation to a community council three months after the day on which, at a specially convened meeting of the council, it is resolved by a similar majority that the Welsh language form of the council’s description shall cease to be used.”

4 In section 74 (change of name of county, district etc.) in subsection (3) (notice of change of name) and in subsection (4) (change not to affect rights, liabilities etc.) after the words “this section”, in each case, there shall be inserted “or by virtue of a resolution under section 21(5) above”.

5 In section 76 (change of name of community) in subsection (2) (notice of change of name) and in subsection (3) (change not to affect rights, liabilities etc.) after the words “this section”, in each case, there shall be inserted “or by virtue of a resolution under section 33(2B) above”.

6 After section 245 (status of certain districts, parishes and communities) there shall be inserted the following section—

“245A Power for borough and town councils in Wales to adopt Welsh language form of their descriptions, etc

(1) If and so long as this subsection is in force in relation to a district in Wales which, by virtue of section 245(1) above, has the status of a borough or for which, by virtue of section 245(4) above, the style of borough may be used—

(a) the council shall bear the name “Cyngor Bwrdeistref” instead of “Council of the Borough” or “Borough Council”;

(b) the chairman of the council shall be entitled to the style “maer” instead of “mayor”; and

(c) the vice-chairman of the council shall be entitled to the style “dirprwy faer” instead of “deputy mayor”.

(2) Subject to subsection (3) below, subsection (1) above shall come into force in relation to a district which has the status of a borough, or for which the style of borough may be used, three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council’s description shall be used.

(3) A resolution under subsection (2) above may be passed by the council of a district in Wales notwithstanding that, at the time it is passed, the council does not have the status of a borough; but, if a resolution is passed at such a time, subsection (1) above shall not come into force unless, nor earlier than, the status of a borough is conferred on the district by virtue of section 245(1) above.

(4) Subsection (1) above shall cease to be in force in relation to a district which has the status of a borough, or for which the style of borough may be used, three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council’s description shall cease to be used.

(5) If and so long as this subsection is in force in relation to a community which, by virtue of section 245(6) above, has the status of a town—

(a) the council shall bear the name “Cyngor Tref” instead of “council of the town” or “town council”;

(b) the chairman of the council shall be entitled to the style “maer y dref” instead of “town mayor”; and

(c) the vice-chairman of the council shall be entitled to the style “dirprwy faer y dref” instead of “deputy town mayor”.

(6) Subsection (5) above shall come into force in relation to a community which has the status of a town three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council’s description shall be used.

(7) Subsection (5) above shall cease to be in force in relation to a community which has the status of a town three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council’s description shall cease to be used.

(8) Subsection (10) of section 245 above has effect in relation to this section as it has effect in relation to the foregoing provisions of that section.”