Local Government Act 2003

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

• (2) Where the Secretary of State makes an order under subsection (1), he may by order—

• (a) make provision modifying, in relation to elections in England in 2004—

• (i) section 89(1) or (2) of the Local Government Act 1972 (c. 70) (holding of elections to fill casual vacancies in the office of councillor for a principal area), or

• (ii) rules made for the purposes of section 89(6) of that Act (which provides for casual vacancies in the office of parish councillor to be filled in accordance with rules under section 36 of the Representation of the People Act 1983 (c. 2));

• (b) make provision disapplying section 16(1) of the Representation of the People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an election of parish councillors where the date of the poll at a European Parliamentary general election and the ordinary day of election for councillors in England and Wales are the same) in relation to elections in England in 2004;

• (c) make such provision as he thinks fit for the purpose of enabling the annual meeting in 2004 of an authority to which subsection (3) applies to be held after the date of the poll at the European Parliamentary general election.

• (3) This subsection applies to—

• (a) any of the following for which 2004 is not a year of ordinary elections of councillors to the council—

• (i) a county council in England,

• (ii) a district council, and

• (iii) a parish council;

• (b) an authority established by Part 4 of the Local Government Act 1985 (c. 51) (joint authorities);

• (c) a police authority established under section 3 of the Police Act 1996 (c. 16);

• (d) the Metropolitan Police Authority.

• (4) Where the National Assembly for Wales makes an order under section 104, the Secretary of State may by order make in relation to elections in England such consequential provision, including provision excluding or modifying the application of any enactment, as he thinks fit.

• (5) Before making an order under this section, the Secretary of State must consult—

• (a) the Electoral Commission, and

• (b) such other persons or bodies as he considers appropriate.

• (6) Subsection (5) may be satisfied by consultation before, as well as by consultation after, the commencement of this section.

• (7) In subsection (1)—

• “local government area” has the same meaning as in the Representation of the People Act 1983 (c. 2);

• “ordinary election” is to be read in accordance with section 2(7) of the Greater London Authority Act 1999 (c. 29).

• (8) In subsection (4) “enactment” includes an enactment comprised in secondary legislation within the meaning of the Interpretation Act 1978 (c. 30).

Power to change date of elections in Wales

104

• (1) The National Assembly for Wales may by order provide that in 2004 the ordinary day of election of councillors for—

• (a) all local government areas in Wales, or

• (b) all local government areas in Wales, except communities, or

• (c) all communities,

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

• (2) Where the Assembly makes an order under subsection (1), it may by order—

• (a) make provision modifying, in relation to elections in Wales in 2004—

• (i) section 89(1) or (2) of the Local Government Act 1972 (c. 70) (holding of elections to fill casual vacancies in the office of councillor for a principal area), or

• (ii) rules made for the purposes of section 89(6) of that Act (which provides for casual vacancies in the office of community councillor to be filled in accordance with rules under section 36 of the Representation of the People Act 1983);

• (b) make provision disapplying section 16(1) of the Representation of the People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an election of community councillors where the date of the poll at a European Parliamentary general election and the ordinary day of election for councillors in England and Wales are the same) in relation to elections in Wales in 2004.

• (3) Where the Secretary of State makes an order under section 103, the National Assembly for Wales may by order make in relation to elections in Wales such consequential provision, including provision excluding or modifying the application of any enactment, as it thinks fit.

• (4) Before making an order under this section, the National Assembly for Wales must consult—

• (a) the Electoral Commission, and

• (b) such other persons or bodies as it considers appropriate.

• (5) Subsection (4) may be satisfied by consultation before, as well as by consultation after, the commencement of this section.

• (6) In subsection (1), “local government area” has the same meaning as in the Representation of the People Act 1983 (c. 2).

• (7) In subsection (3) “enactment” includes an enactment comprised in secondary legislation within the meaning of the Interpretation Act 1978 (c. 30).

Valuation Tribunal Service

The Valuation Tribunal Service

105

• (1) There shall be a body corporate to be known as the Valuation Tribunal Service (referred to in this section, section 106 and Schedules 4 and 5 as “the Service”).

• (2) The Service shall have the following functions in relation to the Valuation Tribunal for England (referred to in this section and Schedule 4 as “the Tribunal”)—

• (a) providing, or arranging for the provision of, the services required for the operation of the Tribunal, in particular—

• (i) accommodation,

• (ii) staff (including the clerk of the Tribunal),

• (iii) information technology,

• (iv) equipment, and

• (v) training for members and staff of the Tribunal (including the clerk of the Tribunal);

• (aa) making payments in accordance with paragraph A14 or A18A(8) of Schedule 11 to the Local Government Finance Act 1988;

• (b) giving general advice about procedure in relation to proceedings before the Tribunal.

• (3) The Service shall provide the Secretary of State with such information, advice and assistance as he may require.

• (4) The Service may do anything which it considers is calculated to facilitate, or is conducive or incidental to, the carrying-out of its functions.

• (5) The Service shall carry out its functions with respect to the Tribunal in the manner which it considers best calculated to secure its efficient and independent operation.

• (6) The Service shall, in relation to its functions with respect to the Tribunal, consult the President of the Tribunal about the carrying-out of its functions.

• (7) The Secretary of State may—

• (a) after consultation with the Service, give directions to it for the purpose of securing the effective carrying-out of its functions, and

• (b) issue guidance to the Service about the carrying-out of its functions.

• (8) The Service shall, in carrying out its functions—

• (a) comply with any directions under subsection (7)(a), and

• (b) have regard to any guidance under subsection (7)(b).

• (9) Schedule 4 (which makes further provision about the Service) has effect.

Transfer to Service of property, rights and liabilities

106

• (1) The Secretary of State may make one or more schemes for the transfer to the Service of—

• (a) such of his property, rights and liabilities, or

• (b) such of the property, rights and liabilities of a valuation tribunal in England,

as appear to him to be appropriate to be transferred for the performance of the Service’s functions.

• (2) On the day appointed by a transfer scheme for the coming into force of the scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this subsection, be transferred in accordance with the provisions of the scheme.

• (3) Schedule 5 (which makes further provision in relation to transfer schemes) has effect.

Audit Commission

Auditors' public interest reports: time allowed for consideration

107

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Auditors' public interest reports: publicity

108

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registered social landlords

109

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial year

110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation

111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other

Standards Board for England: delegation

112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Standards committees and monitoring officers: delegation

113

• (1) In Chapter 1 of Part 3 of the Local Government Act 2000 (conduct of local government members), after section 54 there is inserted—

(54A) (1) A standards committee of a relevant authority may appoint one or more sub-committees for the purpose of discharging any of the committee’s functions, whether or not to the exclusion of the committee. (2) Subsection (1) does not apply to functions under section 55 or 56. (3) A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed. (4) As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority in England or of a police authority in Wales— (a) regulations under section 53(6)(a) and (c) to (g) may make provision in relation to such sub-committees, and (b) sections 53(7), (8) and (10) and 54(4) and (6) apply in relation to such sub-committees as they apply in relation to standards committees. (5) As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority in Wales other than a police authority— (a) regulations under section 53(11) may make provision in relation to such sub-committees, and (b) section 54(5) and (7) apply in relation to such sub-committees as they apply in relation to standards committees. (6) Subject to any provision made by regulations under section 53(6)(a) or (11)(a) (as applied by this section)— (a) the number of members of a sub-committee under subsection (1), and (b) the term of office of those members, are to be fixed by the standards committee by which the sub-committee is appointed.

• (2) In Chapter 5 of that Part (conduct in local government: supplementary), after section 82 there is inserted—

(82A) (1) This section applies to functions of a monitoring officer of a relevant authority in relation to matters referred to him under section 60(2), 64(2), 70(4) or 71(2). (2) Where the monitoring officer considers that in a particular case he himself ought not to perform particular functions to which this section applies, those particular functions shall in that case be performed personally by a person nominated for the purpose by the monitoring officer. (3) Where a deputy nominated by the monitoring officer under section 5(7) of the Local Government and Housing Act 1989 (nomination of member of monitoring officer’s staff to act as deputy when monitoring officer absent or ill) considers that in a particular case he himself ought not to perform particular functions— (a) to which this section applies, and (b) which, by reason of the absence or illness of the monitoring officer, would but for this subsection fall to be performed by the deputy, those particular functions shall, while the monitoring officer continues to be unable to act by reason of absence or illness, be performed in that case personally by a person nominated for the purpose by the deputy. (4) Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is an officer of the relevant authority, the authority shall provide the officer with such staff, accommodation and other resources as are, in the officer’s opinion, sufficient to allow those functions to be performed. (5) Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is not an officer of the relevant authority, the authority shall— (a) pay the person a reasonable fee for performing the functions, (b) reimburse expenses properly incurred by the person in performing the functions, but only to the extent that the amount of the expenses is reasonable, and (c) provide the person with such staff, accommodation and other resources as are reasonably necessary for the person’s performance of the functions.

• (3) In section 5 of the Local Government and Housing Act 1989 (c. 42) (designation etc. of monitoring officers), after subsection (7) there is inserted—

(7A) Subsection (7) above shall have effect subject to section 82A of the Local Government Act 2000 (monitoring officers: delegation of functions under Part 3 of that Act).

Paid time off for councillors not to be political donation

114

• (1) In paragraph 4(1) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000 (c. 41) (matters that are not donations), after paragraph (a) there is inserted—

(aa) remuneration allowed to an employee by his employer if the employee is a member of a local authority and the remuneration is in respect of time the employer permits the employee to take off during the employee’s working hours for qualifying business— (i) of the authority, (ii) of any body to which the employee is appointed by, or is appointed following nomination by, the authority or a group of bodies that includes the authority, or (iii) of any other body if it is a public body;

.

• (2) In paragraph 4 of that Schedule, after sub-paragraph (3) there is inserted—

(4) In sub-paragraph (1)(aa)— “employee” and “employer”— (a) in relation to England and Wales, and Scotland, have the same meaning as in the Employment Rights Act 1996, and (b) in relation to Northern Ireland, have the same meaning as in the Employment Rights (Northern Ireland) Order 1996; “local authority” means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council; “working hours” of an employee— (a) in relation to England and Wales, and Scotland, has the same meaning as in section 50 of the Employment Rights Act 1996, and (b) in relation to Northern Ireland, has the same meaning as in Article 78 of the Employment Rights (Northern Ireland) Order 1996; “qualifying business”, in relation to a body, means— (a) the doing of anything for the purpose of the discharge of the functions of the body or of any of its committees or sub-committees, and (b) where the body is a local authority operating executive arrangements within the meaning of Part 2 of the Local Government Act 2000 and arrangements exist for functions of any other body to be discharged by the authority’s executive or any committee or member of the executive, the doing of anything for the purpose of the discharge of those functions.

• (3) Subsections (1) and (2) shall be deemed to have come into force on 16th February 2001.

• (4) The Electoral Commission shall remove from the register kept by it under section 69 of the Political Parties, Elections and Referendums Act 2000 (c. 41) any entry that they would not have been required to make had subsections (1) and (2) actually been in force throughout the period beginning with 16th February 2001 and ending with the passing of this Act.

Overview and scrutiny committees: voting rights of co-opted members

115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local polls

116

• (1) A local authority may conduct a poll to ascertain the views of those polled about—

• (a) any matter relating to—

• (i) services provided in pursuance of the authority’s functions, or

• (ii) the authority’s expenditure on such services.

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) It shall be for the local authority concerned to decide—

• (a) who is to be polled, and

• (b) how the poll is to be conducted.

• (3) In conducting a poll under this section, a local authority must have regard to any guidance issued by the appropriate person on facilitating participation in a poll under this section by such of those polled as are disabled people.

• (4) This section is without prejudice to any powers of a local authority exercisable otherwise than by virtue of this section.

• (5) In this section, “local authority” means—

• (a) in relation to England—

• (i) a county council;

• (ii) a district council;

• (iii) a London borough council;

• (iv) the Greater London Authority;

• (v) the Common Council of the City of London in its capacity as a local authority;

• (vi) the Council of the Isles of Scilly, and

• (b) in relation to Wales, a county council or a county borough council.

Generally accepted accounting practice: power to amend enactments

117

• (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 body which is a local authority for the purposes of Part 1, or a parish council, a community council or charter trustees.

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

118

• (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—

SCHEDULE 12B (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— $A × B C$ (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.

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

119

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Regulation of cosmetic piercing and skin-colouring businesses

120

• (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.

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

121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repeal of prohibition on promotion of homosexuality

122

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

Chapter 2 — General

Orders and regulations

123

• (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.

General interpretation

124

In this Act—

• “appropriate person” means— in relation to England, the Secretary of State, and 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;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to Isles of Scilly

125

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.

Financial provisions

126

• (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.

Minor and consequential amendments and repeals

127

• (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.

Commencement

128

• (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.

Short title and extent

129

• (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).

SCHEDULE 1

Introductory

1

The following are local authorities for the purposes of this Schedule—

• (a) a parish council;

• (b) a community council;

• (c) charter trustees.

Borrowing

2

• (1) Subject to sub-paragraph (2), a local authority may borrow money—

• (a) for any purpose relevant to its functions under any enactment, or

• (b) for the purposes of the prudent management of its financial affairs.

• (2) A local authority may only borrow money (whether under sub-paragraph (1) or otherwise)—

• (a) for a purpose or class of purpose approved for the purposes of this provision by the appropriate person, and

• (b) in accordance with any conditions subject to which the approval is given.

• (3) Sub-paragraph (2) does not apply—

• (a) to borrowing by way of temporary loan or overdraft from a bank or otherwise of sums which a local authority may temporarily require—

• (i) for the purpose of meeting expenses pending the receipt of revenues receivable by it in respect of the period of account in which the expenses are chargeable, or

• (ii) for the purpose of meeting expenses intended to be met by means of borrowing in accordance with approval under sub-paragraph (2), or

• (b) to borrowing for the purpose of repaying money borrowed in accordance with approval under sub-paragraph (2), where the new borrowing takes place during the fixed period relating to the existing borrowing.

• (4) A local authority’s functions under this paragraph shall be discharged only by the authority.

3

• (1) Where a local authority meets any expenditure by borrowing, it shall in each financial year debit the appropriate amount to the account from which that expenditure would otherwise fall to be met; but that duty shall not prevent the authority debiting a larger amount to that account.

• (2) The appropriate amount for the purposes of sub-paragraph (1) is a sum equivalent to an instalment of principal and interest combined such that if paid annually it would secure the payment of interest at the due rate on the outstanding principal together with the repayment of the principal not later than the end of the fixed period.

• (3) Sub-paragraph (1) has effect subject to sub-paragraph (4) if—

• (a) a local authority makes an advance to any other person and the expenditure incurred in making the advance is met by borrowing, and

• (b) the terms of that advance are such that repayment is to be made otherwise than by equal instalments of principal and interest combined.

• (4) The local authority may debit to the account from which the expenditure met by the borrowing would otherwise fall to be met sums of different amounts (whether or not including instalments of principal) in respect of different financial years in order to take account of the terms on which its advance falls to be repaid.

Loans

4

• (1) A local authority may lend to a qualifying local government body, on such terms as they may agree, such sums as the body may require for any purpose for which it is authorised by or under any enactment to borrow money.

• (2) In sub-paragraph (1), “qualifying local government body” means a body with local government functions which is specified for the purposes of this paragraph by regulations made by the appropriate person.

“Fixed period”

5

In this Schedule, references to the fixed period, in relation to borrowing by a local authority, are to the period within which the money borrowed is to be repaid as determined by the local authority with the consent of the appropriate person.

SCHEDULE 2

1

In Part 5 of the Local Government Finance Act 1988 (c. 41) (grants), after section 84C there is inserted—

(84D) This Chapter applies only in relation to Wales. (84E) (1) The National Assembly for Wales shall pay a grant for each financial year to— (a) receiving authorities, and (b) specified bodies. (2) Grant under this section shall be known as revenue support grant. (3) Revenue support grant shall be payable in accordance with this Chapter. (84F) (1) The National Assembly for Wales shall for each financial year make— (a) a determination under subsection (2), or (b) a determination under each of subsections (3) and (4). (2) A determination under this subsection shall state— (a) the total amount of revenue support grant for the year, (b) the amount of the grant the Assembly proposes to pay to receiving authorities, and (c) the amount of the grant the Assembly proposes to pay to each specified body. (3) A determination under this subsection shall state— (a) the total amount of revenue support grant for the year for— (i) receiving authorities other than police authorities, and (ii) specified bodies, (b) the amount of the grant the Assembly proposes to pay to receiving authorities that are not police authorities, and (c) the amount of the grant the Assembly proposes to pay to each specified body. (4) A determination under this subsection shall state the total amount of revenue support grant for the year for police authorities. (5) Before making a determination under this section, the Assembly shall consult such representatives of local government as appear to it to be appropriate. (6) Different amounts may be stated under subsection (2)(c) or (3)(c) in relation to different specified bodies. (7) In this section “police authority” means a police authority established under section 3 of the Police Act 1996. (84G) (1) The National Assembly for Wales shall specify a determination under section 84F in a report, to be called a local government finance report. (2) A local government finance report shall also specify the basis on which the Assembly proposes to distribute among the receiving authorities to which the report relates the amount stated under section 84F(2)(b) or, as the case may be, section 84F(3)(b) or (4). (3) Before making a report under this section, the Assembly shall notify the general nature of the basis of distribution proposed to be specified in the report to such representatives of local government as appear to it to be appropriate. (4) A report made under this section shall be published by the Assembly. (5) As soon as is reasonably practicable after a report is published under subsection (4), the Assembly shall send a copy of the report to each of the receiving authorities to which the report relates. (84H) (1) This section applies where the National Assembly for Wales publishes a local government finance report. (2) The Assembly shall pay revenue support grant for the year to which the report relates in accordance with the determination specified in the report. (3) The amount of revenue support grant to be paid to receiving authorities in accordance with subsection (2) shall be distributed among, and paid to, them in accordance with sections 84J and 84K. (4) The amount of revenue support grant to be paid to a specified body in accordance with subsection (2) shall be paid at such time, or in instalments of such amounts and at such times, as the Assembly may determine. (5) The time of payment under subsection (4) may be during or after the financial year for which the grant is payable. (84J) (1) This section applies where the National Assembly for Wales publishes a local government finance report. (2) As soon as is reasonably practicable after the report has been published, the Assembly shall calculate in relation to each receiving authority to which the report relates what sum, if any, falls to be paid to the authority by way of revenue support grant for the year to which the report relates. (3) The calculation under subsection (2) shall be in accordance with the basis of distribution specified in the report. (4) The Assembly may carry out the subsection (2) calculation again at any time before the end of the financial year immediately following the one to which the report relates. (5) The power under subsection (4) may only be exercised once and ceases to be exercisable if the Assembly publishes under section 84L a report amending the local government finance report. (6) As soon as is reasonably practicable after making a calculation under subsection (2) or (4), the Assembly shall inform each receiving authority to which the report relates of the outcome, so far as relating to it. (84K) (1) The National Assembly for Wales shall pay any sum calculated under section 84J(2) as falling to be paid by way of revenue support grant to a receiving authority in instalments of such amounts, and at such times in the financial year for which the grant is payable, as the Assembly may determine. (2) Where the Assembly makes a calculation under section 84J(4) that shows an increase in the sum that falls to be paid to a receiving authority, the Assembly shall pay the authority a sum equal to the difference. (3) Payment under subsection (2) shall be at such time, or in instalments of such amounts and at such times, as the Assembly may determine, subject to subsection (4). (4) The time for payment under subsection (2) must be after the end of the financial year for which the grant is payable. (5) Where the Assembly makes a calculation under section 84J(4) that shows a decrease in the sum that falls to be paid to a receiving authority, the authority shall pay to the Assembly a sum equal to the difference. (6) The time for payment under subsection (5) shall be such day after the end of the financial year for which the grant is payable as the Assembly may specify. (84L) (1) Where the National Assembly for Wales has published a local government finance report, the Assembly may make a report containing amendments to the basis of distribution specified under section 84G(2) in the published report. (2) Where the Assembly has published two local government finance reports relating to the same financial year, the power under subsection (1) may (in particular) be exercised by making a single report relating to both of the published reports. (3) In relation to any particular local government finance report, the power under subsection (1) is exercisable— (a) at any time before the end of the financial year immediately following the one to which the report relates, but (b) only once. (4) Before making a report under this section, the Assembly shall notify to such representatives of local government as appear to it to be appropriate the general nature of the amendments it proposes to make. (5) A report made under this section shall be published by the Assembly. (6) As soon as is reasonably practicable after the Assembly publishes under this section a report relating to a local government finance report, the Assembly shall send a copy of the published report to each receiving authority to which the local government finance report relates. (84M) (1) This section applies where the National Assembly for Wales publishes under section 84L a report (“the amending report”) relating to a local government finance report (“the original report”). (2) As soon as is reasonably practicable after the Assembly publishes the amending report, the Assembly shall calculate in relation to each receiving authority to which the original report relates what sum, if any, falls to be paid to the authority by way of revenue support grant for the financial year to which the original report relates. (3) The calculation under subsection (2) shall be in accordance with the amended basis of distribution. (4) The Assembly may carry out the subsection (2) calculation again at any time before— (a) the end of the financial year immediately following the one to which the original report relates, or (b) if later, the end of the period of 3 months beginning with the day on which the Assembly publishes the amending report. (5) The power under subsection (4) may only be exercised once. (6) As soon as is reasonably practicable after making a calculation under subsection (2) or (4), the Assembly shall inform each receiving authority to which the original report relates of the outcome, so far as relating to it. (84N) (1) Where the National Assembly for Wales makes a calculation under section 84M(2) or (4) that shows an increase in the sum that falls to be paid to a receiving authority, it shall pay the authority a sum equal to the difference. (2) Payment under subsection (1) shall be at such time, or in instalments of such amounts and at such times, as the Assembly may determine, subject to subsection (3). (3) The time for payment under subsection (2) must be after the end of the financial year in which the report under section 84L was made. (4) Where the Assembly makes a calculation under section 84M(2) or (4) that shows a decrease in the sum that falls to be paid to a receiving authority, the authority shall pay a sum equal to the difference to the Assembly. (5) The time for payment under subsection (4) shall be such day after the end of the financial year in which the report under section 84L was made as the Assembly may specify. (84P) (1) The National Assembly for Wales may set a deadline for the receipt of information to be taken into account by it when making a calculation under section 84J(2) or (4) or 84M(2) or (4). (2) Different deadlines may be set under subsection (1) in relation to different kinds of information. (3) A deadline under subsection (1) shall have effect only if the Assembly informs each receiving authority concerned of the deadline and of the information to which it relates. (4) Notification under subsection (3) may be given at any time before the making of the calculation to which the deadline relates, including a time before the making of a determination under section 84F for the year concerned. (5) When making a calculation in relation to which a deadline under subsection (1) has effect, the Assembly shall leave information to which the deadline applies out of account if it is received after the passing of the deadline.

2

• (1) In Schedule 8 to the Local Government Finance Act 1988 (c. 41) (non-domestic rates: pooling), Part 3 (distribution of non-domestic rates to be dealt with in local government finance reports) is amended as follows.

• (2) In paragraph 8(2) (meaning of “local government finance report” in Part 3 of the Schedule), after “section 78A” there is inserted “ or 84G ”.

• (3) In paragraph 9(4) (distributable amount to be stated in local government finance report), at the end there is inserted “ , subject to paragraph 9A below. ”

• (4) After paragraph 9 there is inserted—

(9A) (1) Where the National Assembly for Wales publishes two local government finance reports for a particular financial year— (a) paragraph 9(4) above does not apply in relation to Wales as respects that year, and (b) the Assembly shall decide whether— (i) distribution among all receiving authorities of the amount arrived at under paragraph 9 above for the year is to be dealt with in just one of those reports (the chosen report), or (ii) each of those reports is to deal with the distribution of so much of that amount as is for the receiving authorities to which that report relates. (2) If the Assembly decides as mentioned in sub-paragraph (1)(b)(i) above— (a) the Assembly shall specify that amount (the distributable amount for the year) in the chosen report, and (b) the chosen report is the local government finance report for that year to which the requirement under paragraph 10(1) below applies. (3) If the Assembly decides as mentioned in sub-paragraph (1)(b)(ii) above— (a) paragraphs 10 and 11 below do not apply in relation to Wales as respects the year (but see paragraphs 11A to 11C below), (b) the power under paragraph 13 below may (in particular) be exercised by making a single amending report relating to both of the local government finance reports for the year, and (c) paragraph 14 below does not apply in relation to any report amending either of those reports (but see paragraph 14A below).

• (5) In paragraph 11(1)(a) (paragraph applies where distributable amount specified in accordance with paragraph 9), for “paragraph 9” there is substituted “ paragraphs 9 and 9A(2) ”.

• (6) After paragraph 11 there is inserted—

(11A) (1) Where the National Assembly for Wales proposes to publish two local government finance reports for a particular financial year and as respects that year decides as mentioned in paragraph 9A(1)(b)(ii) above, the Assembly shall in each of those reports— (a) specify the amount for the year arrived at under paragraph 9 above, (b) specify how much of that amount is for the receiving authorities to which the report relates, and (c) specify the basis on which the Assembly proposes to distribute among those authorities the amount specified under paragraph (b) above. (2) Before making such a report as is mentioned in sub-paragraph (1) above, the Assembly shall notify the general nature of the basis of distribution proposed to be specified in the report to such representatives of local government as appear to the Assembly to be appropriate. (11B) (1) This paragraph applies where the National Assembly for Wales— (a) publishes a local government finance report that is one of two being published by it for a particular financial year, and (b) as respects that year decides as mentioned in paragraph 9A(1)(b)(ii) above. (2) The amount specified under paragraph 11A(1)(b) above in the report shall be distributed among and paid to the receiving authorities to which the report relates in accordance with this paragraph and paragraph 12 below. (3) As soon as is reasonably practicable after the report is published, the Assembly shall calculate in relation to each of those authorities what sum falls to be paid to the authority as its share of the amount specified under paragraph 11A(1)(b) above. (4) The calculation under sub-paragraph (3) above shall be in accordance with the basis of distribution specified in the report. (5) The Assembly may carry out the sub-paragraph (3) calculation again at any time before the end of the financial year immediately following the one to which the report relates. (6) The power under sub-paragraph (5) above may only be exercised once and ceases to be exercisable if the Assembly publishes under paragraph 13 below a report amending the report. (7) As soon as is reasonably practicable after making a calculation under sub-paragraph (3) or (5) above, the Assembly shall inform each receiving authority to which the report relates of the outcome, so far as relating to it. (11C) (1) The National Assembly for Wales may set a deadline for the receipt of information to be taken into account by it when making a calculation under paragraph 11B(3) or (5) above. (2) Different deadlines may be set under sub-paragraph (1) above in relation to different kinds of information. (3) A deadline under sub-paragraph (1) above shall only have effect if the Assembly informs each receiving authority concerned of the deadline and of the information to which it relates. (4) Notification under sub-paragraph (3) above may be given at any time before the making of the calculation to which the deadline relates, including a time before the distributable amount for the year is calculated under paragraph 9 above. (5) When making a calculation in relation to which a deadline under sub-paragraph (1) above has effect, the Assembly shall leave information to which the deadline applies out of account if it is received after the passing of the deadline.

• (7) In paragraph 12(1) (duty to pay amounts calculated under paragraph 11(3)), after “11(3)” there is inserted “ or 11B(3) ”.

• (8) In paragraph 12, in each of sub-paragraphs (3) and (5) (cases where recalculation shows different amount to be due)—

• (a) after “11(4)” there is inserted “ or 11B(5) ”, and

• (b) after “11(3)” there is inserted “ or 11B(3) ”.

• (9) After paragraph 14 there is inserted—

(14A) (1) This paragraph applies where— (a) a report is made under paragraph 13 above amending a report (“the original report”) that is one of two local government finance reports that the National Assembly for Wales publishes for a particular financial year, and (b) as respects that year the Assembly decides as mentioned in paragraph 9A(1)(b)(ii) above. (2) As soon as is reasonably practicable after the amending report is published by the Assembly, the Assembly shall calculate in relation to each of the authorities to which the original report relates what sum falls to be paid to the authority as its share of the amount specified under paragraph 11A(1)(b) above in the original report. (3) The calculation under sub-paragraph (2) above shall be in accordance with the amended basis of distribution. (4) The Assembly may carry out the sub-paragraph (2) calculation again at any time before— (a) the end of the financial year immediately following the one to which the original report relates, or (b) if later, the end of the period of 3 months beginning with the day on which the Assembly publishes the amending report. (5) The power under sub-paragraph (4) above may only be exercised once. (6) Paragraphs 11B(7) and 11C above apply in relation to calculations made under sub-paragraphs (2) and (4) above as they apply in relation to calculations made under paragraph 11B(3) and (5) above.

• (10) In paragraph 15(1) (paragraph applies where calculation made under paragraph 14(1) or (2)), after “14(1) or (2)” there is inserted “ or 14A(2) or (4) ”.

• (11) In paragraph 15(6) (meaning of “the relevant previous calculation”)—

• (a) after “14(1)” (in each place) there is inserted “ or 14A(2) ”,

• (b) after “11(3)” there is inserted “ or 11B(3) ”,

• (c) after “11(4)” there is inserted “ or 11B(5) ”, and

• (d) after “14(2)” (in each place) there is inserted “ or 14A(4) ”.

SCHEDULE 3

Local Government and Housing Act 1989 (c. 42)

1

The Local Government and Housing Act 1989 is amended as follows.

2

In section 67 (orders under Part 5), at the end there is inserted—

(5) The power under subsection (4) above to make differential provision includes, in particular, power to make different provision for different local authorities or descriptions of local authority.

3

In section 70 (requirements for companies under control or subject to influence of local authorities), at the end there is inserted—

(6) An order under subsection (1) may be made in relation to— (a) all local authorities, (b) particular local authorities, or (c) particular descriptions of local authority.

Local Government Act 1999 (c. 27)

4

The Local Government Act 1999 is amended as follows.

5

In section 4(2)(b) (different performance indicators or standards may be specified for different authorities), after “different authorities” there is inserted “ or descriptions of authority ”.

6

• (1) Section 5 (best value reviews) is amended as follows.

• (2) In subsection (2)(b) (orders specifying periods within which authorities are to conduct best value reviews may make different provision for different authorities), after “different authorities” there is inserted “ or descriptions of authority ”.

• (3) After subsection (4) there is inserted—

(4A) An order under subsection (4) may— (a) apply to one authority or more; (b) make different provision in relation to different authorities or descriptions of authority.

7

In section 6 (best value performance plans), after subsection (4) there is inserted—

(5) An order under this section may make different provision in relation to different authorities or descriptions of authority.

8

• (1) Section 16 (power to modify enactments and confer new powers) is amended as follows.

• (2) In subsection (1) (power to modify or exclude application of enactments in relation to best value authorities), for “in relation to those authorities” there is substituted

in relation to— (a) all best value authorities, (b) particular best value authorities, or (c) particular descriptions of best value authority.

• (3) In subsection (2) (power to confer powers on best value authorities), for “conferring on best value authorities any power” there is substituted

conferring on— (a) all best value authorities, (b) particular best value authorities, or (c) particular descriptions of best value authority, any power

.

• (4) After subsection (3) there is inserted—

(3A) The power under subsection (3)(d) includes, in particular, power to make different provision in relation to different authorities or descriptions of authority.

• (5) At the beginning of subsection (4) (order subject to affirmative resolution procedure) there is inserted “ Subject to subsection (4A), ”.

• (6) After subsection (4) there is inserted—

(4A) An order under this section which is made only for the purpose of amending an earlier order under this section— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

9

In section 17 (orders under section 16: procedure), after subsection (6) there is inserted—

(7) Nothing in this section applies to an order under section 16 which is made only for the purpose mentioned in section 16(4A).

10

• (1) Section 19 (contracts: exclusion of non-commercial considerations) is amended as follows.

• (2) In subsection (1) (power to provide for matters to cease to be non-commercial matters in relation to best value authorities), for “in relation to best value authorities, for” there is substituted

in relation to— (a) all best value authorities, (b) particular best value authorities, or (c) particular descriptions of best value authority, for

.

• (3) After subsection (2) there is inserted—

(2A) The power under subsection (2)(c) includes, in particular, power to make different provision for different authorities or descriptions of authority.

• (4) At the beginning of subsection (3) (order subject to affirmative resolution procedure) there is inserted “ Subject to subsection (3A), ”.

• (5) After subsection (3) there is inserted—

(3A) An order under this section which is made only for the purpose of amending an earlier order under this section— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Local Government Act 2000 (c. 22)

11

The Local Government Act 2000 is amended as follows.

12

• (1) Section 3 (limits on power to promote well-being) is amended as follows.

• (2) After subsection (3) there is inserted—

(3A) The power under subsection (3) may be exercised in relation to— (a) all local authorities, (b) particular local authorities, or (c) particular descriptions of local authority.

• (3) At the beginning of subsection (4) (duty to consult) there is inserted “ Subject to subsection (4A), ”.

• (4) After that subsection there is inserted—

(4A) Subsection (4) does not apply to an order under this section which is made only for the purpose of amending an earlier order under this section— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.

13

In section 9 (procedures for orders under section 5 or 6), after subsection (7) there is inserted—

(8) Nothing in this section applies to an order under section 5 or 6 which is made only for the purpose of amending an earlier order under that section— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.

14

• (1) Section 105 (orders and regulations) is amended as follows.

• (2) At the beginning of subsection (6) (certain instruments subject to affirmative resolution procedure) there is inserted “ Subject to subsection (6A), ”.

• (3) After subsection (6) there is inserted—

(6A) Subsection (6) does not apply to a statutory instrument which contains an order under section 3(3), 5 or 6 if the order is made only for the purpose of amending an earlier such order— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.

SCHEDULE 4

Membership, chairman and deputy chairman

1

• (1) The Service shall consist of not less than six and not more than ten members appointed by the Secretary of State.

• (1A) The Secretary of State must appoint the person who is for the time being President of the Tribunal as one of the members of the Service (unless that person is already a member of the Service).

• (2) The Secretary of State shall appoint one of the members of the Service to be its chairman and another of them to be its deputy chairman.

• (3) The Secretary of State shall exercise his power to appoint members of the Service to secure that at all times—

• (a) a majority are senior members of the Tribunal, and

• (b) the rest are persons who, in his opinion, are particularly suited to be members by reason of their qualifications or experience.

Disqualification

2

• (1) A person shall be disqualified for being appointed as a member of the Service if—

• (a) he is, or is married to or is the civil partner of, an employee of the Service;

• (b) he is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986;

• (c) a bankruptcy order has been made against him by a court in Northern Ireland, his estate has been sequestrated by a court in Scotland or, under the law of Northern Ireland or Scotland, he has made a composition or arrangement with, or granted a trust deed for, his creditors;

• (d) in the last five years he has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and has had a qualifying sentence passed on him.

• (2) Where a person is disqualified under sub-paragraph (1)(c) because a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease—

• (a) on his obtaining a discharge, or

• (b) if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.

• (3) Where a person is disqualified under sub-paragraph (1)(c) because of his having made a composition or arrangement with, or granted a trust deed for, his creditors, the disqualification shall cease—

• (a) at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled, or

• (b) if before then he pays his debts in full, on the date on which the payment is completed.

• (4) For the purposes of sub-paragraph (1)(d), the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.

• (5) In sub-paragraph (1)(d), the reference to a qualifying sentence is to a sentence of imprisonment for a period of not less than three months (whether suspended or not) without the option of a fine.

Tenure of office

3

• (1) Subject to the provisions of this Schedule, a member of the Service shall hold and vacate office in accordance with the terms of his appointment.

• (1A) The person who is for the time being President of the Tribunal shall hold office as a member of the Service for as long as he remains President of the Tribunal.

• (2) A person other than the President of the Tribunal shall not be appointed as a member of the Service for more than three years.

• (3) A person may at any time resign his office as a member of the Service by notice in writing to the Secretary of State.

• (4) A person appointed as chairman or deputy chairman of the Service—

• (a) shall hold and vacate that office in accordance with the terms of his appointment,

• (b) may at any time resign that office by notice in writing to the Secretary of State, and

• (c) shall cease to hold that office if he ceases to be a member of the Service.

4

• (1) A person shall cease to be a member of the Service if—

• (a) he ceases to be qualified for appointment as such,

• (b) he ceases to be President of the Tribunal (whether or not he was appointed to the Service by virtue of being President),

• (ba) having been a Vice-President of the Tribunal, or a member of the panel of chairmen of the Tribunal, at the time of his appointment, he ceases to hold that office without being appointed to another of the senior offices of the Tribunal, or

• (c) he has without reasonable excuse been absent from meetings of the Service for a continuous period of 3 months.

• (2) The Secretary of State may remove a person from office as a member of the Service if satisfied that he is unable or unfit to carry out his functions as such.

5

A person who ceases (otherwise than by virtue of paragraph 4(1)(a) or (c)) to be the chairman or deputy chairman of the Service or to be a member of the Service shall be eligible for re-appointment.

Remuneration, pensions, etc of members

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• (1) The Service shall pay to its members such remuneration or allowances as the Secretary of State may determine.

• (2) The Service shall, if so required by the Secretary of State—

• (a) pay such pensions or gratuities to or in respect of its members or former members as the Secretary of State may determine,

• (b) pay such contributions or payments as the Secretary of State may determine towards provision for the payment of pensions or gratuities to or in respect of its members or former members, and

• (c) provide and maintain such schemes (whether contributory or not) as the Secretary of State may determine for the payment of pensions or gratuities to or in respect of its members or former members.

• (3) If—

• (a) a person ceases to be a member of the Service or ceases to be the chairman or deputy chairman of the Service, and

• (b) it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation,

the Secretary of State may direct the Service to make a payment of such amount as he may determine.

Staff

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• (1) The Service shall have a chief executive.

• (2) Appointments to the position of chief executive shall be made as follows—

• (a) the first appointment shall be made by the Secretary of State, and

• (b) subsequent appointments shall be made by the Service.

• (3) The appointment under sub-paragraph (2)(a) shall be made after consultation with the chairman of the Service (or the person proposed to be appointed as such).

• (4) Appointments under sub-paragraph (2)(b) shall be made with the consent of the Secretary of State.