SCHEDULE 7 continued
56 The Local Government (Wales) Act 1994 is amended as follows.
57 In section 51 (control of disposals and contracts), in subsection (2), in the definition of “capital contract”, for “for capital purposes” there is substituted “which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)”.
58 (1) Section 63 (regulations, orders and directions) is amended as follows.
(2) In subsection (1) (regulations and orders to be made by statutory instrument), after “Secretary of State” there is inserted “, the National Assembly for Wales”.
(3) In subsection (2) (parliamentary procedure), after “other than one made” there is inserted “by the Assembly or”.
(4) In subsection (5)(a) (power to make supplemental etc. provision), for “Secretary of State or (as the case may be) the Lord Chancellor” there is substituted “person making the regulations or order”.
59 In section 71(3) of the Deregulation and Contracting Out Act 1994 (certain functions not excluded by section 71(1)(c)), after paragraph (e) there is inserted—
“(ea) section 48 of the Local Government Act 2003 (administration etc of BID levy) if the function corresponds to any function falling within paragraph (e) above,.”
60 (1) In section 122(4) of the Housing Act 1996 (which makes provision about the determination of rent allowance subsidy under section 140B of the Social Security Administration Act 1992 (c. 5))—
(a) in paragraph (b) (which refers to subsection (2) of section 140B), for “that subsection” there is substituted “subsection (4) or (5) of that section”, and
(b) in paragraph (c) (which refers to subsection (4) of section 140B), for “(4)” there is substituted “(5)(b)”.
(2) Sub-paragraph (1) shall be deemed to have come into force on 1st July 1997.
61 The Justices of the Peace Act 1997 is amended as follows.
62 In section 67 (justices not disqualified by reason of liability to local taxation)—
(a) after paragraph (a) there is inserted—
“(aa) BID levy (within the meaning of Part 4 of the Local Government Act 2003),”, and
(b) for “any charge, tax or rate falling within paragraphs (b)” there is substituted “any levy, charge, tax or rate falling within paragraphs (aa)”.
63 In section 72(1) (interpretation), for the definition of “capital expenditure” there is substituted—
““capital expenditure” means expenditure which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);”.
64 In section 1(3) of the Local Government (Contracts) Act 1997 (local authorities for the purposes of the Act), in paragraph (a), for “Part IV of the Local Government and Housing Act 1989” there is substituted “Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)”.
65 In Schedule 1 to the Audit Commission Act 1998 (which makes provision about the Commission’s financial affairs)—
(a) in paragraph 9(6), for “March” there is substituted “June”, and
(b) in paragraph 11(3), for “31st March” there is substituted “30th June”.
66 (1) Sections 45A and 45B of the School Standards and Framework Act 1998 (which provide for the setting of a local education authority’s schools budget) are amended in accordance with sub-paragraphs (3) to (6).
(2) In sections 41 and 42 of the Education Act 2002, the sections 45A and 45B inserted into the School Standards and Framework Act 1998 are amended in accordance with those sub-paragraphs.
(3) In section 45A(5) (authority to set, and give notice of, its schools budget before the end of January), for “end of January” there is substituted “schools budget deadline”.
(4) In section 45A, after subsection (5) there is inserted—
“(6) For the purposes of this section and section 45B “the schools budget deadline” is—
(a) the end of December in the case of an authority in England, and
(b) the end of January in the case of an authority in Wales.”
(5) In section 45B(1) (appropriate person may serve counter-notice within period of fourteen days beginning with giving of notice), for “day on which the notice was given” there is substituted “schools budget deadline in the financial year preceding that financial year”.
(6) In section 45B(2) (power of appropriate person to act where authority has not given notice under section 45A(5) by the end of January)—
(a) for “end of January” there is substituted “schools budget deadline”, and
(b) for “the end of that January” there is substituted “that deadline”.
67 In section 81 of the Government of Wales Act 1998 (statement of estimated payments), for subsection (2) there is substituted—
“(2) The statement shall also include such other information as the Secretary of State considers appropriate.”
68 The Greater London Authority Act 1999 is amended as follows.
69 (1) Section 52 (meetings of the London Assembly) is amended as follows.
(2) After subsection (4) there is inserted—
“(4A) There must be at least 21 clear days between a meeting under subsection (3) above and the last such meeting before it, but this does not apply to the gap between the first such meeting after an ordinary election and the last such meeting before that election.”
(3) In subsection (6)(b) (notice of meeting under subsection (3) to be given at least 28 clear days before meeting), for “28” there is substituted “14”.
(4) Subsection (7) (notice of meeting not to be given during currency of a notice already given) is omitted.
70 In section 85 (calculation by Greater London Authority of budget requirements), for subsection (9) there is substituted—
“(9) In this section, any reference to expenditure incurred by a body in any financial year includes the following (whether or not giving rise to actual payments)—
(a) any amount which does not form part of the body’s capital receipts for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance) and which is set aside for the year by the body as provision to meet credit liabilities; and
(b) any other amount which is set aside for the year by the body as reasonably necessary for the purpose of providing for any liability or loss which is likely or certain to be incurred but is uncertain as to the amount or the date on which it will arise (or both).”
71 Sections 112 to 118 (credit approvals) cease to have effect.
72 (1) Section 119 (power to redistribute capital receipts of functional bodies) is amended as follows.
(2) In subsection (2), for “expenditure for capital purposes” there is substituted “capital expenditure”.
(3) In subsection (3)—
(a) in paragraph (e), for “expenditure for capital purposes” there is substituted “capital expenditure”, and
(b) for paragraph (f) there is substituted—
“(f) for and in connection with treating the whole or a prescribed part of the relevant amount as added to the capital receipts of the assisted body, for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);”.
73 In section 120 (capital grants between the Greater London Authority and functional bodies), for “expenditure for capital purposes”, in each place where it occurs, there is substituted “capital expenditure”.
74 In section 121 (revenue grants between the Greater London Authority and functional bodies), for “expenditure for capital purposes”, in each place where it occurs, there is substituted “capital expenditure”.
75 (1) Section 122 (Mayor’s capital spending plan for each functional body) is amended as follows.
(2) In subsection (3)(c), for “usable part of the body’s capital receipts is” there is substituted “body’s capital receipts are”.
(3) In subsection (4) (content of section B of the plan), for paragraphs (b) to (d) there is substituted—
“(b) the total of the amounts which the Mayor expects the body—
(i) to borrow in the year, or
(ii) to be treated as borrowing in the year because of section 8(2) of the Local Government Act 2003 (under which entry into, or variation of, a credit arrangement is treated as a form of borrowing).”
(4) In subsection (5) (content of section C of the plan)—
(a) in paragraph (a), for “expenditure for capital purposes” there is substituted “capital expenditure”, and
(b) for paragraph (b) there is substituted—
“(b) the total of the amounts which the Mayor expects the body to be treated as borrowing in the year because of section 8(2) of the Local Government Act 2003;”.
(5) In subsection (6) (content of section D of the plan), for paragraph (c) there is substituted—
“(c) the amount which he expects the body to meet by borrowing or entering into or varying credit arrangements;”.
76 In section 123 (preparation of capital spending plan), for subsection (1) there is substituted—
“(1) For each financial year, the Mayor shall prepare a draft of the capital spending plan for the year.”
77 (1) Section 124 (admissible factors in preparing capital spending plan etc.) is amended as follows.
(2) In subsection (2), for paragraph (b) there is substituted—
“(b) the amounts to be transferred to the body under section 32(5) of the Local Government Act 2003 (Mayor’s power to transfer expenditure grant);”.
(3) In subsection (4)—
(a) after paragraph (a) there is inserted—
“(aa) the amount met out of grants under section 31 of the Local Government Act 2003 (expenditure grant) made to the body;”, and
(b) for paragraph (c) there is substituted—
“(c) the amount met by borrowing or entering into or varying credit arrangements;”.
78 (1) Section 126 (interpretation of Chapter 4) is amended as follows.
(2) For subsection (1) there is substituted—
“(1) In this Chapter—
“capital expenditure” and “capital receipt” have the same meaning as in Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);
“capital spending plan” means a capital spending plan under section 122 above.”
(3) In subsection (2), for the words from “Part IV” to “section 48” there is substituted “Chapter 1 of Part 1 of the Local Government Act 2003 (see section 7”.
79 In Schedule 1 to the National Assembly for Wales (Transfer of Functions Order) 1999, in the entry relating to the Local Government and Housing Act 1989 (c. 42), the sentence relating to section 80 of that Act is omitted.
80 In section 21(10) of the Local Government Act 2000 (which provides that, subject to provision made by or under paragraphs 7 and 9 of Schedule 1 to that Act, members of an overview and scrutiny committee of a local authority who are not members of the authority may not vote at meetings of the committee), at the end there is inserted “, unless permitted to do so under paragraph 12 of that Schedule”.
81 In section 3(9) of the Homelessness Act 2002 (public’s rights to inspect each document published under section 3 and to obtain copies)—
(a) in paragraph (a), for “each document published under” there is substituted “everything published under section 1 or”, and
(b) in paragraph (b), for “a document” there is substituted “anything”.