Draft Non-Domestic Rating (Rates Retention and Levy and Safety Net: Miscellaneous Amendments) Regulations 2026
Debate between Peter Fortune and Alison McGovern(4 days, 7 hours ago)
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The Minister for Local Government and Homelessness (Alison McGovern)
I beg to move,
That the Committee has considered the draft Non-Domestic Rating (Rates Retention and Levy and Safety Net: Miscellaneous Amendments) Regulations 2026.
It is a pleasure, as ever, to serve under your chairship, Mrs Barker. The Government are delivering long-overdue funding reforms for English local government and introducing improvements to realign funding with need and deprivation as part of the first multi-year settlement in a decade. A key element of the reforms is the reset of the business rates retention system, which is a central component of the local government finance framework. Under the business rates retention system, English councils retain a share of the business rates they collect and benefit when their local business rates income grows. Resetting the system realigns funding with need while maintaining the incentive for authorities to promote growth.
In parallel with reforms that reset how business rates are used for funding, the Government are also reforming business rates tax policy. As a result, technical amendments are required to the framework through which business rates fund local government, in order to mitigate the impact that the changes would otherwise have on local government funding. The business rates retention system is built on straightforward principles, but it necessarily requires complex administrative arrangements that are underpinned by legislation that must be kept up to date as the system changes. The amendment regulations before the Committee provide the updates that are required this year to give practical effect to the reset and wider reforms that are being delivered through the settlement, in addition to the adjustments needed as a result of changes to the tax. Although technical in nature, the purpose of the amendments is clear, as I will now outline.
The instrument changes two sets of regulations: the Non-Domestic Rating (Levy and Safety Net) Regulations 2013 and the Non-Domestic Rating (Rates Retention) Regulations 2013. The levy and safety net regulations set out how councils are protected from significant reductions in business rates income by the safety net, and how that protection is funded by a levy on business rates growth. The rates retention regulations cover the day-to-day operation of the system and set out the full process for allocating business rates income between billing authorities, major precepting authorities and central Government.
To balance risk and reward over the multi-year settlement, we are introducing changes this year to both the safety net and the levy to ensure an appropriate balance of risk and reward within the business rates retention system against the backdrop of wider reform. We are increasing the safety net from 92.5% of baseline funding levels to 100% for 2026-27. That will provide authorities with improved certainty over their incomes for 2026-27 budgets as they know that they will receive their full baseline funding level—their assessed need to be provided via business rates income—offering stronger protection across the delivery of the reforms.
The Government are introducing a new approach to the levy based on a marginal tax-style system, similar to the structure of income tax, that will apply to all local authorities. The approach balances the reward of business rates growth with the need to fund safety net protections. It will better support growth across the sector by applying a lower levy rate to early growth and a lower top rate than the current 50% levy faced by many authorities.
The regulations also change the classification of grant compensation that local authorities are paid in lieu of business rates that they would otherwise have collected. These amounts will be treated comparably to business rates to streamline local government accounting under the business rates retention system.
The reform programme has established new key values related to the business rates retention system, delivered through the recent settlement. Some of the values are used in safety net and levy calculations, which means we need to ensure that they are adjusted in the regulations to reflect their new values. As such, the instrument specifies new baseline funding levels and adjusted tariff and top-up values for local authorities. For most local authorities, the top-up or tariff figures set out by the settlement are the same values that we use to calculate their eligibility for the safety net or the requirement to pay the levy for a year. In such cases, we simply point to the settlement values.
However, for authorities operating under 100% retention arrangements, we specify alternative top-up or tariff figures for the purposes of the levy and safety net. That ensures that councils operating at the standard 50% retention level do not bear additional costs that might arise in supporting authorities with 100% arrangements, should they require safety net payments. The top-up and tariff values for the coming year are interim figures that reflect the latest available data, but they will need to be updated next year once the final data is available.
Another change stemming from the reform programme is the need to update formulae that have been replaced in the wider system. In the business rates retention system, we use factors representing the relative costs of operating in different areas, or area cost adjustments, to calculate a modest allowance of rates that each billing authority can retain to support its costs in administering business rates, otherwise known as a cost of collection allowance.
Peter Fortune (Bromley and Biggin Hill) (Con)
The Minister raises the cost factor, and Bromley’s cost factor has been set at 1.038, which is above the average. What work has been done to ensure that authorities such as mine are not impacted by setting the cost factor above the average, in terms of their ability to collect business rates?
Inner-London Local Authorities: Funding
Debate between Peter Fortune and Alison McGovern(1 month, 1 week ago)
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Alison McGovern
I will make some progress. Yesterday’s announcement keeps our promise of a multi-year settlement, because local communities in London and elsewhere deserved better than the out-of-date funding allocations not aligned with need, which meant poorer public services and slower growth, particularly for those dealing with the consequences of poverty.
We are making changes to how councils are funded. Many of these are changes that the public, local government partners and Parliament have long called for. We consulted four times on these changes, and we are grateful for the engagement from all corners, including from hon. Members in this debate. The engagement has informed our approach at every stage. The settlement confirms multi-year funding, our pledge to realign funding with need, and our commitment to end wasteful competitive bidding and to simplify funding.
The Government have an important role as an equaliser for local government income, and we are directing funding towards the places that are less able to meet their needs through locally raised income, which will enable all local authorities to provide similar levels of services to their residents. However, that is true notwithstanding the major differences in spiking demands around the country.
Following the provisional settlement consultation, the Government have announced an additional £740 million in grant funding as part of the final settlement, including a £440 million uplift to the recovery grant, bringing total investment over the multi-year settlement to £2.6 billion. Of that £2.6 billion, £400 million is supporting places in London that suffered the most from historical funding cuts, and there is an additional £272 million to bring the total investment in homelessness and rough sleeping services over the next three years to £3.5 billion—including over £800 million in London as part of our national plan to end homelessness.
That is a significant investment in the capital’s homelessness services, which is much needed, as has been mentioned by Members from across the House. It takes the total new grant funding delivered through the annual settlements for 2026-27 to 2028-29 to over £4 billion. Since coming to power, we have pledged a 24.2% increase in core spending power by 2028-29 when compared with 2024-25, worth over £16.6 billion. It is a significant uplift in the spending power of councils.
According to analysis by the Department, as a result of our reforms, nine in 10 councils will receive funding that broadly matches their assessed need by the end of the multi-year settlement, up from around one third before our reforms. In 2028-29, the most deprived places will receive 45% more funding per head than the least deprived.
Alison McGovern
I will give way to my hon. Friend the Member for Kensington and Bayswater (Joe Powell) first.
Alison McGovern
I agree, and my hon. Friend makes that case very well. I imagine that his local authority could have made other choices than that one.
Peter Fortune
I thank the Minister for the objective way that she is tackling this debate, but the reality for the London borough of Bromley is a £22 million cut over the next three-year period. Thinking about the deprivation and the challenges that we have, including the second-highest number of education, health and care plans in London, the cut will have a significant impact on our residents, despite pushing council tax as high as we can.
Alison McGovern
I take the hon. Gentleman’s point. Our challenge is to understand how we can best use our resources to support all our children. We could try to increase funding again and again, without any changes to the system, but we would not necessarily get better outcomes, and costs would keep going up, not least because councils have issues with how they are able to provide some of the support that children need. We need to get to a more stable financial position and take responsibility in this place to change the policy failures that caused the cost spikes that the hon. Gentleman mentioned.
Compared with 2024-25, by 2028-29 London will see an increase in core spending power of more than £3 billion. The vast majority of councils in London will see a real-terms increase between 2024-25 and 2028-29 and a fairer system that addresses issues that matter in London—and across England—including recognising the additional strain that commuters and tourists can place on service provision, taking into account need in specific high-demand service areas such as temporary accommodation and crucially, using the most up-to-date data, including the 2025 indices of multiple deprivation. That has been the subject of some feedback to the Department. It is a statement of the obvious that we would use the most up-to-date data, and it so happens that that data can better account for the impact of housing costs on poverty. That was always the intention, and we would always have done that, whatever noise I have picked up on this topic.