Office of Public Sector Information
Section 120
1 The coming into force of section 120 shall not affect the descriptions of person in relation to whom section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) applies in an area in which that section is already in force.
2 (1) This paragraph applies where immediately before the coming into force of section 120—
(a) there is in force a resolution under section 13(2) of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) that section 15 of that Act is to apply to an authority’s area, and
(b) the resolution specifies as the day for the coming into force of that section the day on which section 120 comes into force, or any later day.
(2) The coming into force of section 120 shall not affect—
(a) the validity of the resolution, or
(b) the descriptions of person in relation to whom section 15 of that Act applies in pursuance of the resolution.
3 (1) This paragraph applies where an authority has before the coming into force of section 120 passed a resolution that provides, or resolutions that between them provide, for section 15 of the Local Government (Miscellaneous Provisions) Act 1982 to apply to the authority’s area in relation to all of the existing descriptions of person.
(2) Section 13 of that Act shall have effect for the purpose of enabling the authority to bring section 15 of that Act into force in its area—
(a) in relation to persons carrying on the business of cosmetic piercing, and
(b) in relation to persons carrying on the business of semi-permanent skin-colouring.
(3) In sub-paragraph (1), the reference to the existing descriptions of person is to the descriptions of person specified in section 15(1) of that Act immediately before the coming into force of section 120.
4 (1) This paragraph applies where, immediately before section 15 of the Local Government (Miscellaneous Provisions) Act 1982 comes into force in an authority’s area in relation to persons carrying on the business of cosmetic piercing—
(a) that section is in force in the area in relation to persons carrying on the business of ear-piercing, and
(b) a person is registered under that section by the authority to carry on a business of ear-piercing at premises in the area which are registered under that section for the carrying-on of that business.
(2) From the coming into force of that section in that area in relation to persons carrying on the business of cosmetic piercing, the registrations of the person and the premises in respect of ear-piercing shall have effect as registrations in respect of cosmetic piercing, subject to sub-paragraph (3).
(3) Sub-paragraph (2) ceases to apply when the business of cosmetic piercing carried on by the person at the premises subsequently first involves cosmetic piercing other than ear-piercing.
5 In this Schedule, except paragraph 2(1)(a) and 3(1), any reference to section 15 of the Local Government (Miscellaneous Provisions) Act 1982 includes a reference to section 16 of that Act so far as it has effect for the purposes of that section.
Section 127(1)
1 In section 6 of the Fire Services Act 1947 (power of the Secretary of State to make combination schemes), after subsection (1) there is inserted—
“(1A) In the case of a scheme made under this section constituting a fire authority in England, the application by subsection (1) of this section of the provisions of subsection (2) of the last foregoing section shall not include paragraph (c).”
2 In section 2 of the Public Works Loans Act 1965 (local loans)—
(a) in subsection (3), for “section 43 of the Local Government and Housing Act 1989” there is substituted “section 1 of the Local Government Act 2003”;, and
(b) in subsection (5), for “section 47 of the Local Government and Housing Act 1989” there is substituted “section 13 of the Local Government Act 2003”.
3 In section 2(2) of the Public Works Loans Act 1967 (local loans), for “section 43 of the Local Government and Housing Act 1989” there is substituted “section 1 of the Local Government Act 2003”.
4 In section 137(3) of the Local Government Act 1972 (which permits local authorities to make contributions to certain charitable and other funds), after “subject” there is inserted “, in the case of a parish or community council,”.
5 (1) Schedule 4 to the Local Government Act 1974 (the Commissions for Local Administration in England and in Wales) is amended as follows.
(2) In paragraph 6 (each Commission deemed a specified body for purposes of determining revenue support grant)—
(a) in sub-paragraph (1), for “Each of the Commissions”,
(b) in sub-paragraph (2), for “each Commission”, and
(c) in sub-paragraph (3), for “the Commissions”,
there is substituted “the Commission for Local Administration in England”.
(3) For paragraph 6(5) (which is no longer of practical utility) there is substituted—
“6A (1) The Commission for Local Administration in Wales shall be treated as if they were a specified body for the purposes of Chapter 3 of Part 5 of the 1988 Act (revenue support grant: Wales), and that Chapter shall accordingly have effect with the following modifications.
(2) Before making a determination under section 84F(2) or (3) of the 1988 Act, the National Assembly for Wales shall, except in the case mentioned in paragraph 8A below, take into account—
(a) estimates of the expenses of the Commission for Local Administration in Wales, and
(b) any observations on those estimates,
made and submitted to the Assembly in accordance with paragraph 7 below.
(3) The Assembly may also take into account any other information available to it as to the expenses of the Commission for Local Administration in Wales, whatever its source.
(4) A determination under section 84F of the 1988 Act shall not be invalid merely because the requirements of paragraph 7 below were not complied with.”
(4) In paragraph 8 (making of assumptions where a Commission fails to submit expenses estimate), for “a Commission” there is substituted “the Commission for Local Administration in England”.
(5) After paragraph 8 there is inserted—
“8A Where the Commission for Local Administration in Wales fail to submit an estimate of their expenses for the forthcoming financial year under paragraph 7 above, the National Assembly for Wales may, for the purposes of a determination under section 84F of the 1988 Act, assume those expenses to be such as it sees fit.”
(6) This paragraph applies in relation to the financial year beginning on 1st April 2004 and subsequent financial years.
6 In section 1(3)(b) of the Stock Transfer Act 1982 (extension of powers relating to securities), the words from “section 43” to “powers)” are omitted.
7 (1) Section 15 of the Representation of the People Act 1985 (combination of polls) shall have effect as if the following were inserted after subsection (5)—
“(5A) The power under subsection (5) above to make provision in connection with the combining under this section of polls at—
(a) a local government election in England and Wales, and
(b) the European Parliamentary general election in 2004,
includes power to make provision modifying, in relation to such elections, any enactment relating to election of members of the European Parliament or any instrument made under any such enactment or under the Representation of the People Acts.”
(2) The following shall extend to Gibraltar—
(a) the power conferred by section 15(5) of the Representation of the People Act 1985 (c. 50), so far as extended by section 15(5A) of that Act, and
(b) the Representation of the People Acts, so far as relating thereto.
8 Section 33 of the Local Government Act 1988 (restrictions on contracts with local authority companies) ceases to have effect.
9 (1) The Local Government Finance Act 1988 is amended as follows.
(2) Paragraphs 12 to 17 and 22 apply in relation to the financial year beginning on 1st April 2004 and subsequent financial years.
10 In section 47 (discretionary relief), in subsections (1)(b) and (5), for “section 58” there is substituted “section 57A or 58”.
11 In section 49 (reduction or remission of liability), in subsection (3), for “section 58” there is substituted “section 57A or 58”.
12 Section 76 shall become Chapter 1 of Part 5, entitled “General”.
13 Sections 78 to 84C shall become Chapter 2 of Part 5, entitled “Revenue support grant: England”.
14 In the Chapter 2 so formed, at the beginning there is inserted—
This Chapter applies only in relation to England.”
15 In sections 78(1) and 78A(2) (which refer to revenue support grant being payable under the Part), for “Part” there is substituted “Chapter”.
16 Section 85, together with the sections in Part 5 that follow that section, shall become Chapter 4 of that Part, entitled “Other grants”.
17 In section 85(2) (which refers to additional grant being payable under the Part), for “Part” there is substituted “section and section 86 below”.
18 In section 88 (transport grants: supplementary), in subsections (4) and (6), for the words from “expenditure for” to “1989” there is substituted “capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)”.
19 In section 90 (payments to and from collection funds), in subsection (1)(d), for “or regulations” there is substituted “, under regulations made for the purpose mentioned in paragraph 4(7) of that Schedule or under regulations”.
20 In section 138 (judicial review), in subsection (2)(j), after “multiplier” there is inserted “or small business non-domestic rating multiplier”.
21 In section 139 (functions to be discharged only by authority), in subsection (2)(d), after “multiplier” there is inserted “or small business non-domestic rating multiplier”.
22 In section 140(2) (Parts 3 and 5 of the Act to apply, and be administered, separately in England and Wales)—
(a) in paragraph (c), at the end there is inserted “and”,
(b) paragraph (d) is omitted, and
(c) in paragraph (e), the words “section 84A above or” are omitted.
23 In section 141 (payments to and from authorities), in subsection (7), after “below,” there is inserted “regulations made for the purpose mentioned in paragraph 4(7) of that Schedule,”.
24 (1) Section 143 (orders and regulations) is amended as follows.
(2) In subsection (3), for “(9A)” there is substituted “(9AA)”.
(3) In subsection (4), for “58” there is substituted “57A”.
(4) After that subsection there is inserted—
“(4A) As regards any power of the National Assembly for Wales to make an order or regulations under this Act, subsection (3) above shall have effect without the words from “subject to annulment” to the end.”
(5) After subsection (9A) there is inserted—
“(9AA) The power of the Secretary of State to make an order under paragraph 5G of Schedule 9 shall be exercisable by statutory instrument, and no such order shall be made by him unless a draft of it has been laid before and approved by resolution of each House of Parliament.”
25 (1) Schedule 7 (non-domestic rating multipliers) is amended as follows.
(2) In paragraph 5 (interpretation of definitions of “non-domestic rating multiplier”), after sub-paragraph (13) there is inserted—
“(14) Sub-paragraph (13) above does not apply to orders made by the National Assembly for Wales.
(15) An order made under sub-paragraph (3) above by the National Assembly for Wales (including an order amending or revoking another) is effective in relation to a particular financial year only if it is made—
(a) before 1 March in the preceding financial year, and
(b) at a time when no local government finance report for the year has been published by the Assembly.”
(3) In paragraph 6 (calculation of non-domestic rating multiplier), after sub-paragraph (4) there is inserted—
“(4A) Sub-paragraph (4) above does not apply to a calculation made by the National Assembly for Wales for a financial year beginning in or after 2004.
(4B) A calculation made by the Assembly under this paragraph for a financial year beginning in or after 2004 is invalid unless one or both of the following conditions is fulfilled—
(a) it is made after the Assembly has published the local government finance report for the year or, where the Assembly is publishing two local government finance reports for the year, it is made after the Assembly has published both of those reports;
(b) it is made on or after 1 March in the preceding financial year.”
(4) In paragraph 9 (special authority’s non-domestic rating multiplier), in sub-paragraph (4), in the definition of A, after “year” there is inserted “so far as relating to England”.
(5) In paragraph 10 (substituted multiplier), for sub-paragraph (1) there is substituted—
“(1) Where a special authority has set multipliers for a financial year (whether originally or by way of substitute) it may set multipliers in substitution if, and only if, they have been quashed.”
(6) In paragraphs 10(2) and 11(1), after “9” there is inserted “or 9A”.
26 (1) Schedule 8 (non-domestic rating: pooling) is amended as follows.
(2) In paragraph 2(2) (debits to the non-domestic rating account), in paragraph (a), after “(14) below” there is inserted “, under regulations made for the purpose mentioned in paragraph 4(7) below”.
(3) In paragraph 4(3) (contributions by special authorities), for paragraph (a) there is substituted—
“(a) the authority’s non-domestic rating multiplier and small business non-domestic rating multiplier for the year were equal respectively to the non-domestic rating multiplier and the small business non-domestic rating multiplier for the year, so far as relating to England, determined in accordance with Part 1 of Schedule 7 above, and.”
27 In Schedule 11 (valuation tribunals)—
(a) in paragraph 1 (power to make regulations for establishment of tribunals), in sub-paragraph (2) (provision which the regulations may include), for the words from “in relation to” to the end there is substituted—
“(a) so far as relating to England, in relation to membership, procedure and other matters relating to tribunals, except staff, accommodation and equipment, and
(b) so far as relating to Wales, in relation to membership, staff, accommodation, equipment, procedure and other matters relating to tribunals.”;
(b) in paragraph 6(1) (staff), after “paragraph 1 above” there is inserted “, so far as relating to Wales,”; and
(c) in paragraph 7(1) (accommodation and equipment), after “paragraph 1 above” there is inserted “, so far as relating to Wales,”.
28 The Local Government and Housing Act 1989 is amended as follows.
29 Part 4 (revenue accounts and capital finance of local authorities) ceases to have effect.
30 (1) Section 70 (requirements for companies under control or subject to influence of local authorities) is amended as follows.
(2) In subsection (2), for “the provisions for the time being made by order under subsection (1) above” there is substituted “any provisions made by order under subsection (1) above which are for the time being applicable to it”.
(3) In subsection (3)—
(a) for “local authorities” there is substituted “a local authority”, and
(b) for “any” there is substituted “the”.
(4) In subsection (4), for the words from “every” to “prescribed” there is substituted “a local authority to comply with any requirements for the time being applicable to it”.
31 For the second sentence of section 80A(4) (overpaid Housing Revenue Account subsidy may be recovered by withholding or reducing subsidy) there is substituted—
“(4A) Without prejudice to other methods of recovery, a sum recoverable under subsection (4) above may—
(a) be recovered by withholding or reducing subsidy, and
(b) if the sum is referable to housing benefit in respect of houses or other property within the authority’s Housing Revenue Account, be recovered by withholding or reducing rent rebate subsidy under Part 8 of the Social Security Administration Act 1992.”
32 In section 88(1)(d) (construction of references in Part 6 to “proper practices”), for “section 66(4) above” there is substituted “section 21 of the Local Government Act 2003”.
33 (1) Schedule 4 (keeping of the Housing Revenue Account) is amended as follows.
(2) In Part 1 (credits to the Account), item 5 (housing benefit transfers) is omitted.
(3) In that Part, for item 9 (sums directed by Secretary of State) there is substituted—
Any sums which for the year the authority is required, by reason of a direction given by the appropriate person, to carry to the credit of the account from some other revenue account of theirs.
A direction under this item may require the transfer of sums calculated in accordance with formulae specified in the direction, and any formula so specified may include variables framed (in whatever way the appropriate person considers appropriate) by reference to such matters as the appropriate person thinks fit.”
(4) In Part 2 (debits to the Account), item 4 (rent rebates) is omitted.
(5) In that Part, after item 9 there is inserted—
Any sums which for the year the authority is required, by reason of a direction given by the appropriate person, to carry from the account to the credit of some other revenue account of theirs.
A direction under this item may require the transfer of sums calculated in accordance with formulae specified in the direction, and any formula so specified may include variables framed (in whatever way the appropriate person considers appropriate) by reference to such matters as the appropriate person thinks fit.
In giving a direction under this item, the appropriate person may (in particular) take into account the effect of such a direction on—
(a) other revenue accounts in the authority’s relevant fund,
(b) the amounts of council tax falling to be set by the authority under section 30 of the Local Government Finance Act 1992, and
(c) the authority’s budget requirement under section 32(4) of that Act.
In this item the reference to the authority’s “relevant fund” is—
(a) in relation to England, to the authority’s general fund within the meaning of section 91(2) of the Local Government Finance Act 1988, and
(b) in relation to Wales, to the authority’s council fund within the meaning of section 38(1) of the Local Government (Wales) Act 1994.”
34 The Social Security Administration Act 1992 is amended as follows.
35 (1) In section 134(2) (forms that may be taken by the rent rebates and allowances referred to since 1st April 1997 in subsections (1A) and (1B) instead of subsection (1)), for “subsection (1)” substitute “subsections (1A) and (1B)”.
(2) Sub-paragraph (1) shall be deemed to have come into force on 1st April 1997.
36 In section 140B (calculation of rent rebate subsidy, rent allowance subsidy and council tax benefit subsidy), the following are omitted—
(a) the second sentence of subsection (2) (Housing Revenue Account rebates paid by housing authority in England and Wales not relevant benefit for purpose of determining amount of subsidy), and
(b) subsection (7) (section not to be taken as implying that additions and deductions may not be determined by reference to certain matters).
37 In section 140C (payment of subsidy), after subsection (1) there is inserted—
“(1A) Conditions under subsection (1) above may (in particular) be imposed to obtain information for the purposes of the carrying-out by the Secretary of State of any of his functions relating to subsidy.”
38 In section 140D (rent rebate subsidy: accounting provisions), the following are omitted—
(a) subsection (1)(c) (accounting for rent rebate subsidy by development corporation in England and Wales), and
(b) subsection (2) (treatment of Housing Revenue Account rebates).
39 In section 140G (interpretation of Part 8), in the definition of “Housing Revenue Account”, paragraph (b) (definition of Housing Revenue Account rebate) is omitted.
40 The Local Government Finance Act 1992 is amended as follows.
41 In section 11(2) (discounts), for “section 12” there is substituted “sections 11A and 12”.
42 In section 13(3) (reduced amounts), after “section 11” there is inserted “, 11A”.
43 (1) In section 17 (completion of new dwellings), in subsection (4) (which defines the date to be taken as the completion date)—
(a) in paragraph (a), for “an appeal” there is substituted “no appeal”, and
(b) in paragraph (b), for “no appeal” there is substituted “an appeal”.
(2) This paragraph has effect in relation to any completion notice under Schedule 4A to the Local Government Finance Act 1988 (c. 41) (new buildings: completions days), as applied by section 17 of the Local Government Finance Act 1992 (c. 14), which—
(a) is served on or after the day on which this paragraph comes into force, or
(b) becomes the subject of such an appeal on or after the day on which this paragraph comes into force.
44 In section 21 (valuations for purposes of lists), in subsection (2) (basis of valuations), for “1st April 1991” there is substituted “the appropriate date” and after that subsection there is inserted—
“(2A) For the purposes of subsection (2) above, the appropriate date is—
(a) in relation to a list under section 22, 1st April 1991, and
(b) in relation to a list under section 22B, the later of—
(i) two years before the date on which the list falls to be compiled, and
(ii) such date, if any, within that two year period as may be specified by regulations.
(2B) The power to make regulations under subsection (2A)(b)(ii) is exercisable—
(a) in relation to a list to be compiled for a billing authority in England, by the Secretary of State, and
(b) in relation to a list to be compiled for a billing authority in Wales, by the National Assembly for Wales.”
45 In section 22(2) (when valuation list comes into force), for the words from “and” to the end there is substituted “, shall come into force on that day and shall remain in force until a new list for the authority is compiled under section 22B below”.
46 In section 24 (alteration of lists), in subsection (9)(b), for “or 22A(10)” there is substituted “, 22A(10) or 22B(10)”.
47 Section 25 (compilation and maintenance of new lists) ceases to have effect.
48 In section 28 (information about lists)—
(a) in subsection (2)(a), for “or 22A(10)” there is substituted “, 22A(10) or 22B(10)”, and
(b) in subsection (3)(a), after “22(6)” there is inserted “or 22B(8)”.
49 In section 66(2) (matters subject only to judicial review), in paragraph (b) (determinations)—
(a) after “8(2)” there is inserted “, 11A”, and
(b) for “12(1)” there is substituted “12”.
50 In section 67 (functions to be discharged only by the authority), in subsection (2)(a) (making of determination)—
(a) after “8(2)” there is inserted “, 11A”, and
(b) for “12(1)” there is substituted “12”.
51 (1) Section 69 (interpretation of Part 1) is amended as follows.
(2) In subsection (1), the definition of “revenue support grant” is omitted.
(3) After subsection (2) there is inserted—
“(2A) In this Part, any reference to expenditure incurred by a billing authority, major precepting authority or local precepting authority 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 authority’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 authority as provision to meet credit liabilities; and
(b) any other amount which is set aside for the year by the authority 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).”
52 (1) Section 113 (orders and regulations) is amended as follows.
(2) In each of subsections (1) and (2) (powers to make regulations or orders under the Act include power to make differential and incidental etc. provision), for “or the Treasury” there is inserted “, the Treasury or the National Assembly for Wales”.
(3) In subsection (2), for “or they think” there is substituted “, they or it thinks”.
(4) In subsection (3) (instruments subject to negative resolution), in paragraph (a) (exceptions), after “11(3),” there is inserted “22B(3)(a),”.
(5) After subsection (3) there is inserted—
“(4) Any power of the National Assembly for Wales under this Act to make orders or regulations shall be exercisable by statutory instrument.”
53 (1) Schedule 2 (administration) is amended as follows.
(2) In paragraph 8 (exempt dwellings etc.)—
(a) in sub-paragraph (1), after “22(5)(b)” there is inserted “, 22B(7)”, and
(b) in sub-paragraphs (2) and (3)—
(i) after “22(5)(b)” there is inserted “, 22B(7)”, and
(ii) after “22(7)”, in both places, there is inserted “, 22B(9)”.
(3) At the end there is inserted—
“21 (1) This paragraph applies where a billing authority exercises the power under section 13A(1) above by determining a class of case in which liability is to be reduced.
(2) Where the determination provides for liability to be reduced to nil, any dwelling in relation to which the reduction applies shall be treated for the purposes of this Schedule as an exempt dwelling.
(3) Where the determination provides for liability to be reduced otherwise than to nil, any amount in relation to which the reduction applies shall be treated for the purposes of this Schedule as subject to a discount equal to the amount of the reduction.”
54 In Schedule 4 (enforcement), at the end there is inserted—
20 In this Schedule, except paragraph 6, “prescribed” means prescribed by regulations made—
(a) in relation to England, by the Secretary of State, and
(b) in relation to Wales, by the National Assembly for Wales.”
55 In Schedule 13 (minor and consequential amendments), in paragraph 80 (amendments of section 143 of the Local Government Finance Act 1988)—
(a) sub-paragraph (1) is omitted, and
(b) in sub-paragraph (2), for “that section” there is substituted “section 143 of that Act (orders and regulations)”.
Local Government Act 2003