Statutory Instrument 1990 No. 777

The General Rate Act 1967 and Related Provisions (Savings and Consequential Provision) Regulations 1990

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© Crown Copyright 1990

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1990 No. 777

RATING AND VALUATION

The General Rate Act 1967 and Related Provisions (Savings and Consequential Provision) Regulations 1990

The Secretary of State, in exercise of the powers conferred upon him by sections 117(8) and 143(1) and (2) of the Local Government Finance Act 1988^[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the General Rate Act 1967 and Related Provisions (Savings and Consequential Provision) Regulations 1990 and shall come into force immediately before 1st April 1990.

Interpretation
    2.    In these Regulations—

"the Act" means the Local Government Finance Act 1988;

"the 1967 Act" means the General Rate Act 1967^[2].

Savings of the 1967 Act
    3.—(1)  Notwithstanding section 117(1) of, and Part I of Schedule 13 to, the Act, and without prejudice to section 16(1) of the Interpretation Act 1978^[3], the provisions of the 1967 Act, other than those mentioned in Schedule 1 to these Regulations, shall continue to have effect on and after 1st April 1990, subject to the amendments made in them by the Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990^[4], for the purposes of, or for purposes connected with—
 (a) any rate made, or precept issued, under the 1967 Act in respect of any period ending before 1st April 1990;
 (b) any liability for rates in respect of any such period;
 (c) the alteration of any valuation list in force immediately before 1st April 1990 pursuant to a proposal made before that date but to which effect had not been given immediately before that date;
 (d) the adjustment of any payment made by or under any of the following enactments in respect of a period ending before 1st April 1990—
 (i) Part VI (rate support grant) of the Local Government, Planning and Land Act 1980^[5];
 (ii) Part II (block grant) of the Local Government Finance Act 1982^[6];
 (iii) the Education Act 1986^[7];
 (iv) the Rate Support Grants Act 1986^[8];
 (v) the Rate Support Grants Act 1987^[9];
 (vi) the Local Government Finance Act 1987^[10];
 (vii) section 126 (variation of multipliers in supplementary reports) of the Local Government Finance Act 1988^[11];
 (viii) the Rate Support Grants Act 1988^[12];
 (e) article 5 of the Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990;
 (f) section 66(4) of the East Sussex Act 1981^[13].

    (2)  Nothing in paragraph (1) shall prejudice the effect of any regulations made under section 117(8) of the Act before the making of these Regulations.

Other savings
    4.—(1)  Without prejudice to regulation 3, nothing in section 117(1) of, or Part I of Schedule 13 to, the Act shall affect the continued operation of the provisions mentioned in Schedule 2 hereto—
 (a) for such purposes as are mentioned in paragraph (1) of that regulation; or
 (b) for the purposes of any other matter connected with rates or precepts and relating to a period ending before 1st April 1990,
or the power of the Secretary of State to repeal, revoke or vary any such provision.

    (2)  Nothing in section 117(6) of, or Part I of Schedule 13 to, the Act shall apply so as to preclude the payment by the Common Council of ward expenses payable in accordance with Regulations made by that Council on 13th December 1979 under section 17 (payment of certain expenses of wards within the City of London) of the City of London (Union of Parishes) Act 1907^[14], or the power of the Council to amend or revoke those Regulations.

Revocation of instruments
    5.    The instruments mentioned in Schedule 3 hereto which would, apart from these Regulations, cease to have effect on 1st April 1990, are hereby revoked.

Chris Patten

One of Her Majesty's Principal Secretaries of State

29th March 1990

[1] 1988 c. 41. back

[2] 1967 c. 9. back

[3] 1978 c. 30. back

[4] S.I. 1990/776; the amendments to the 1967 Act made by the Order are set out in the Appendix to these Regulations. back

[5] 1980 c. 65. back

[6] 1982 c. 32. back

[7] 1986 c. 40. back

[8] 1986 c. 54. back

[9] 1987 c. 5. back

[10] 1987 c. 6. back

[11] 1988 c. 41. back

[12] 1988 c. 51. back

[13] 1981 c.xxv. back

[14] 1907 c.cx1. back

Explanatory Note