117 Generally accepted accounting practice: power to amend enactments

(1) The appropriate person may by order amend or repeal an enactment relating to a local authority if he considers it appropriate to do so in the light of generally accepted accounting practice as it applies to local government.

(2) It does not matter for the purposes of subsection (1) whether the enactment itself relates to the accounts of a local authority.

(3) No order under this section shall be made by the Secretary of State unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(4) In this section—

• “enactment” includes an enactment contained in this Act or any Act passed after this Act;

• “local authority” means—

  (a)

  a body which is a local authority for the purposes of Part 1, or

  (b)

  a parish council, a community council or charter trustees.

118 Appropriate sum under section 137(4) of the Local Government Act 1972

(1) In section 137 of the Local Government Act 1972 (c. 70) (which enables local authorities to incur expenditure for certain purposes not otherwise authorised), in subsection (4)(a) (which makes provision in connection with the calculation of the maximum amount of such expenditure in any financial year), for “subsection (4AA) below” there is substituted “Schedule 12B to this Act”.

(2) After Schedule 12A to that Act there is inserted—

Section 137(4)(a)

“SCHEDULE 12B Appropriate sum under section 137(4)

1 This Schedule has effect to determine for the purposes of section 137(4)(a) above the sum that is for the time being appropriate to a local authority.

2 The sum appropriate to the local authority for the financial year in which section 118 of the Local Government Act 2003 comes into force is £5.00.

3 (1) For each subsequent financial year, the sum appropriate to the local authority is the greater of the sum appropriate to the authority for the financial year preceding the year concerned and the sum produced by the following formula—

(2) A is the sum appropriate to the local authority for the financial year preceding the year concerned.

(3) B is the retail prices index for September of the financial year preceding the year concerned.

(4) C is the retail prices index for September of the financial year which precedes that preceding the year concerned except where sub-paragraph (5) below applies.

(5) Where the base month for the retail prices index for September of the financial year mentioned in sub-paragraph (4) above (the first year) differs from that for the index for September of the financial year mentioned in sub-paragraph (3) above (the second year), C is the figure which the Secretary of State calculates would have been the retail prices index for September of the first year if the base month for that index had been the same as the base month for the index for September of the second year.

(6) References in sub-paragraphs (3) to (5) above to the retail prices index are to the general index of retail prices (for all items) published by the Office for National Statistics.

(7) If that index is not published for a month for which it is relevant for the purposes of any of those sub-paragraphs, the sub-paragraph shall be taken to refer to any substituted index or index figures published by that Office.

(8) For the purposes of sub-paragraph (5) above, the base month for the retail prices index for September of a particular year is the month—

(a) for which the retail prices index is taken to be 100, and

(b) by reference to which the index for the September in question is calculated.

(9) In calculating the sum produced by the formula in sub-paragraph (1) above a part of a whole (if any) shall be calculated to two decimal places only—

(a) adding one hundredth where (apart from this sub-paragraph) there would be five, or more than five, one-thousandths, and

(b) ignoring the one-thousandths where (apart from this sub-paragraph) there would be less than five one-thousandths.

4 Before the beginning of a financial year, the appropriate person may by order provide for a different sum to have effect as the sum appropriate to a local authority for the year in place of the sum calculated for the year in accordance with paragraph 3 above.

5 In paragraph 4 above “the appropriate person” means—

(a) as respects England, the Secretary of State;

(b) as respects Wales, the National Assembly for Wales.

6 An order under paragraph 4 above may make different provision in relation to local authorities of different descriptions.

7 An order under paragraph 4 above made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

119 Use of fixed penalties paid for litter and dog-fouling offences

(1) Section 88(6)(a) of the Environmental Protection Act 1990 (c. 43) (which requires authorities to pay any receipts from fixed penalties for litter offences to the Secretary of State or the National Assembly for Wales and applies also to fixed penalties for dog-fouling offences by virtue of section 4(2) of the Dogs (Fouling of Land) Act 1996) ceases to have effect.

(2) An authority in England and Wales to which fixed penalties are payable in pursuance of notices under—

(a) section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter), or

(b) section 4 of the Dogs (Fouling of Land) Act 1996 (c. 20) (fixed penalty notices for not removing dog faeces),

may use any sums it receives in respect of fixed penalties payable to it in pursuance of such notices only for the purposes of functions of its that are qualifying functions.

(3) The following are qualifying functions for the purposes of this section—

(a) functions under Part 4 of the Environmental Protection Act 1990 (litter etc.),

(b) functions under the Dogs (Fouling of Land) Act 1996, and

(c) functions of a description specified in regulations made by the appropriate person.

(4) Regulations under subsection (3)(c) may (in particular) have the effect that an authority may use the sums mentioned in subsection (2) (its “fixed-penalty receipts”) for the purposes of any of its functions.

(5) An authority shall supply the appropriate person with such information relating to its use of its fixed-penalty receipts as the appropriate person may require.

(6) The appropriate person may by regulations—

(a) make provision for what an authority is to do with its fixed-penalty receipts—

(i) pending their being used for the purposes of qualifying functions of the authority;

(ii) if they are not so used before such time after their receipt as may be specified by the regulations;

(b) make provision for accounting arrangements in respect of an authority’s fixed-penalty receipts.

(7) The provision that may be made under subsection (6)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the authority.

(8) Before making regulations under this section, the appropriate person must consult—

(a) the authorities to which the regulations are to apply, and

(b) such other persons as the appropriate person considers appropriate.

120 Regulation of cosmetic piercing and skin-colouring businesses

(1) Section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (regulation of tattooing, ear-piercing and electrolysis businesses) is amended as follows.

(2) In subsection (1) (requirement for person carrying on business to be registered), for paragraph (b) (ear-piercing) there is substituted—

“(aa) of semi-permanent skin-colouring;

(b) of cosmetic piercing; or”

(and in the side-note for “ear-piercing” there is substituted “semi-permanent skin-colouring, cosmetic piercing”).

(3) In subsection (2) (requirement to register premises where business carried on)—

(a) for “ear-piercing” there is substituted “semi-permanent skin-colouring, cosmetic piercing”, and

(b) for “pierce their ears” there is substituted “carry out semi-permanent skin-colouring on them, pierce their bodies”.

(4) In subsection (5) (local authority may not require particulars about individuals whose ears have been pierced etc.), for “or whose ears he has pierced” there is substituted “, whose bodies he has pierced or on whom he has carried out semi-permanent skin-colouring”.

(5) After subsection (8) there is inserted—

“(9) In this section “semi-permanent skin-colouring” means the insertion of semi-permanent colouring into a person’s skin.”

(6) Schedule 6 (which makes provision about transition) has effect.

121 Fire brigade establishment schemes: removal of Secretary of State’s functions

The following provisions cease to have effect—

(a) section 19(3) to (8) of the Fire Services Act 1947 (c. 41) (functions of Secretary of State in relation to fire brigade establishment schemes), and

(b) paragraph (a) of section 7(2) of the Fire Services Act 1959 (c. 44) (approval by Secretary of State of establishment scheme for fire authority on its becoming, or becoming a successor to, a combined authority).

122 Repeal of prohibition on promotion of homosexuality

Section 2A of the Local Government Act 1986 (c. 10) (local authorities prohibited from promoting homosexuality) ceases to have effect.

Chapter 2 General

123 Orders and regulations

(1) Any power to make orders or regulations under this Act includes power—

(a) to make different provision for different cases or areas, and

(b) to make incidental, supplementary, consequential or transitional provision or savings (including provision amending or repealing any enactment or instrument made under any enactment).

(2) The power under subsection (1)(a) includes, in particular, power to make different provision for different local authorities or descriptions of local authority (including descriptions framed by reference to authorities in particular areas).

(3) The generality of the power under subsection (1)(a) shall not be taken to be prejudiced by any specific provision of this Act authorising differential provision.

(4) No—

(a) order under this Act which, in exercise of the power under subsection (1)(b) to make incidental or supplementary provision, amends or repeals any enactment contained in an Act, or

(b) regulations under this Act which, in exercise of that power to make incidental or supplementary provision, amend or repeal any such enactment,

shall be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations (whether containing the order, or regulations, alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(5) Any power to make orders or regulations under this Act is exercisable by statutory instrument.

(6) A statutory instrument that—

(a) contains an order or regulations under this Act, and

(b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Subsection (6) does not apply to a statutory instrument containing an order or regulations made by the National Assembly for Wales.

(8) This section does not apply to orders under section 128.

124 General interpretation

In this Act—

• “appropriate person” means—

  (a)

  in relation to England, the Secretary of State, and

  (b)

  in relation to Wales, the National Assembly for Wales;

• “best value authority” means an authority or body which is a best value authority for the purposes of Part 1 of the Local Government Act 1999 (c. 27);

• “financial year” means a period of 12 months beginning with 1st April;

• “valuation tribunal” means a tribunal established under Schedule 11 to the Local Government Finance Act 1988 (c. 41).

125 Application to Isles of Scilly

Part 1 and sections 25 to 28 apply to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order provide.

126 Financial provisions

(1) There shall be paid out of money provided by Parliament—

(a) any expenditure under this Act of a Minister of the Crown or government department, and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

(2) Any sums received under this Act by a Minister of the Crown shall be paid into the Consolidated Fund.

(3) There shall be paid out of or into the Consolidated Fund any increase attributable to this Act in the sums payable out of or into that Fund under any other enactment.

127 Minor and consequential amendments and repeals

(1) Schedule 7 (minor and consequential amendments) has effect.

(2) The enactments and instruments specified in Schedule 8 are hereby repealed or revoked to the extent specified there.

(3) The Secretary of State may by order make provision consequential on this Act amending, repealing or revoking (with or without savings) any provision of an Act passed before or in the same session as this Act, or of an instrument made under an Act before the passing of this Act.

(4) In this section, “Act” includes a private or local Act.

128 Commencement

(1) The following provisions shall come into force on the day on which this Act is passed—

(a) this section and sections 30, 34, 35, 72, 73, 103, 104, 110, 114, 121, 123, 124 and 129;

(b) paragraphs 7, 9(1), 24(1), (2) and (5), 25(1), 28, 33(1), 34, 35, 40, 51(1), 55 and 60 of Schedule 7, and section 127(1) so far as relating thereto;

(c) Schedule 8, so far as relating to—

(i) the Fire Services Act 1947 (c. 41),

(ii) the Fire Services Act 1959 (c. 44),

(iii) Schedule 9 to the Local Government Finance Act 1988 (c. 41), and

(iv) paragraph 80(1) of Schedule 13 to the Local Government Finance Act 1992 (c. 14),

and section 127(2) so far as relating thereto.

(2) The following provisions shall come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a) Chapter 1 of Part 3;

(b) sections 38 and 39, so far as relating to England;

(c) Part 6, except sections 75(2) to (5) and 83;

(d) sections 87, 88, 91, 93 to 98, 113, 116 and 122;

(e) paragraphs 41 to 48, 49(a), 50(a), 52 to 54 and 81 of Schedule 7, and section 127(1) so far as relating thereto;

(f) Schedule 8, so far as relating to—

(i) section 2A of the Local Government Act 1986 (c. 10),

(ii) section 28 of the Local Government Act 1988 (c. 9),

(iii) Part 4 of Schedule 4 to the Local Government and Housing Act 1989 (c. 42),

(iv) section 25 of the Local Government Finance Act 1992,

(v) paragraphs 96 and 97 of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19),

(vi) paragraph 5 of Schedule 1 to the Education Act 1996 (c. 56),

(vii) paragraph 13 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31),

(viii) section 31 of the Local Government Act 1999 (c. 27) and section 136(1) of the Greater London Authority Act 1999 (c. 29), and

(ix) section 104 of the Local Government Act 2000 (c. 22),

and section 127(2) so far as relating thereto.

(3) The following provisions shall come into force on such day as the Secretary of State may by order appoint—

(a) sections 62(2) and (11), 65, 70(4) to (6), 83, 92(1), 99, 100(1), (2) and (4) to (8), 105 to 108, 109(3) and (4), 111, 112, 115 and 125;

(b) section 101, so far as relating to England and so far as relating to a best value authority in Wales mentioned in subsection (7) of that section;

(c) section 109(1), so far as relating to registered social landlords for which the Housing Corporation is the Relevant Authority for the purposes of Part 1 of the Housing Act 1996 (c. 52);

(d) Schedules 4 and 5;

(e) paragraphs 1, 10, 11, 20, 21, 24(3), 25(4) to (6), 26(3), 27, 31, 33(2) and (4), 36 to 39, 65, 68 to 78 and 80 of Schedule 7, and section 127(1) so far as relating thereto;

(f) Schedule 8, so far as consequential on any of the provisions mentioned in paragraphs (a) to (e), and section 127(2) so far as relating thereto.

(4) The following provisions shall come into force on such day as the National Assembly for Wales may by order appoint—

(a) sections 38 and 39, so far as relating to Wales;

(b) sections 40, 61(6) and (7), 63, 70(7) to (9), 75(2) to (5) and 92(2);

(c) section 101, so far as relating to a best value authority in Wales, other than one mentioned in subsection (7) of that section;

(d) section 109(1), so far as relating to registered social landlords for which the Assembly is the Relevant Authority for the purposes of Part 1 of the Housing Act 1996 (c. 52), and section 109(2);

(e) Schedule 2;

(f) paragraphs 5, 9(2), 12 to 17, 22, 24(4), 25(2) and (3), 49(b), 50(b), 51(2), 56 to 58, 66(2), 67 and 79 of Schedule 7, and section 127(1) so far as relating thereto;

(g) Schedule 8 so far as—

(i) relating to section 137(4C) of the Local Government Act 1972 (c. 70) and paragraph 30 of Schedule 15 to the Local Government (Wales) Act 1994 (c. 19), or

(ii) consequential on any of the provisions mentioned in paragraphs (a) to (f),

and section 127(2) so far as relating thereto.

(5) So far as relating to Scotland, sections 101 and 102 shall come into force on such day as the Scottish Ministers may by order appoint.

(6) The remaining provisions of this Act—

(a) so far as relating to England, shall come into force on such day as the Secretary of State may by order appoint, and

(b) so far as relating to Wales, shall come into force on such day as the National Assembly for Wales may by order appoint.

(7) Power to make orders under this section is exercisable by statutory instrument.

(8) Orders under this section may make different provision for different purposes.

(9) A person who has power under this section to appoint a day for the coming into force of a provision may by order make in connection with the coming into force of that provision such transitional provision or saving as the person considers necessary or expedient.

129 Short title and extent

(1) This Act may be cited as the Local Government Act 2003.

(2) Subject to the following provisions, this Act extends to England and Wales only.

(3) Sections 83(2), 101 and 102 extend also to Scotland.

(4) The following provisions extend also to Scotland, Northern Ireland and Gibraltar—

(a) sections 103, 104 and 128,

(b) this section, and

(c) paragraph 7(2) of Schedule 7, and section 127(1) so far as relating thereto.

(5) Section 114 extends also—

(a) to Scotland, but only so far as (within the meaning of the Scotland Act 1998 (c. 46)) it confers or removes functions exercisable otherwise than in or as regards Scotland, and

(b) to Northern Ireland.

(6) Each of sections 123 and 124, so far as relating to any other provision of this Act, has the same extent as that other provision.

(7) Except as provided by subsection (8), any amendment, repeal or revocation made by this Act has the same extent as the enactment or instrument to which it relates.

(8) Subsection (7) does not apply to—

(a) sections 85, 113(3), 114 and 121(a),

(b) paragraphs 8 and 53 of Schedule 7, and

(c) the entries in Schedule 8 relating to—

(i) the Fire Services Act 1947 (c. 41),

(ii) section 7(1) of the Fire Services Act 1959 (c. 44), and

(iii) section 33 of the Local Government Act 1988 (c. 9).