Local Government Act 2003

• (5) References in this Schedule, except paragraph 8(1), to the employees of the Service include references to its chief executive.

8

• (1) The Service may appoint such employees as it may determine.

• (2) The Service may pay to its employees such remuneration and allowances as it may with the consent of the Secretary of State determine.

• (3) The Service may—

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

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

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

• (4) References in sub-paragraph (3) to pensions or gratuities include references to pensions or gratuities by way of compensation to or in respect of employees who suffer loss of employment or loss or diminishment of emoluments.

9

The Service shall not appoint an employee to be the clerk of the Tribunal without the consent of the President of the Tribunal.

Committees

10

• (1) The Service may establish committees.

• (2) Any committee established by the Service may establish one or more sub-committees.

• (3) A person who is not a member of the Service may be appointed to a committee or a sub-committee of the Service.

• (4) The Service may pay to members of its committees or sub-committees who are neither members nor employees of the Service such remuneration and allowances as the Secretary of State may determine.

Proceedings

11

Subject to the following provisions of this Schedule, the Service may regulate its own procedure (including quorum).

Delegation

12

• (1) The Service may, to such extent as it may determine, delegate any of its functions to any committee of the Service or to any employee of the Service.

• (2) Any such committee may, to such extent as it may determine, delegate any function conferred on it to any of its sub-committees or to any employee of the Service.

• (3) Any sub-committee of the Service may, to such extent as the sub-committee may determine, delegate any function conferred on the sub-committee to any employee of the Service.

• (4) A delegation under this paragraph shall be made in writing.

Members' interests

13

• (1) A member of the Service who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Service shall disclose the nature of his interest to the meeting; and, where such a disclosure is made—

• (a) the disclosure shall be recorded in the minutes of the meeting, and

• (b) the member shall not take any part in any deliberation or decision of the Service with respect to that matter.

• (2) If a member is not present at a meeting at which a matter in which he is interested is brought up for consideration, sub-paragraph (1) shall only apply to him if he was aware of the fact that the matter would be brought up for consideration at the meeting.

• (3) For the purposes of sub-paragraph (1), a general notification given at a meeting of the Service by a member to the effect that he—

• (a) has an interest in a specified company, firm or other organisation, and

• (b) is to be regarded as interested in any matter involving that company, firm or other organisation,

shall be regarded as sufficient disclosure of his interest in relation to any such matter.

• (4) A member need not attend in person at a meeting in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.

• (5) The Secretary of State may remove a disability under this paragraph subject to such conditions as he considers appropriate.

• (6) The power of the Secretary of State under sub-paragraph (5) includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State.

• (7) Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or voting on, any question whether any application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (5).

14

• (1) Paragraph 13 shall apply in relation to meetings of a committee or sub-committee of the Service as it applies in relation to meetings of the Service.

• (2) In the application of paragraph 13 by virtue of this paragraph, references to a member of the Service shall be read as references to a member of a committee or sub-committee of the Service.

Vacancies and defective appointments

15

The validity of any proceedings of the Service shall not be affected by a vacancy amongst the members or by a defect in the appointment of a member.

Minutes

16

• (1) Minutes shall be kept of proceedings of the Service and of the committees and sub-committees of the Service.

• (2) Minutes of any such proceedings shall be evidence of those proceedings if they are signed by the person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.

• (3) Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2), those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.

Execution and proof of instruments

17

• (1) The application of the seal of the Service shall be authenticated by the signature of any member or employee of the Service who has been authorised for the purpose by the Service, whether generally or specially.

• (2) Any document which the Service is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Service by any member or employee of the Service who has been authorised for the purpose by the Service, whether generally or specially.

• (3) Every document purporting to be an instrument made or issued by or on behalf of the Service and to be duly executed under the seal of the Service, or to be signed or executed by a person authorised by the Service for the purpose, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

• (4) In sub-paragraph (1), the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced, and “signed” in sub-paragraphs (2) and (3) shall be read accordingly.

Money

18

• (1) The Secretary of State may pay grants and make loans to the Service.

• (2) The Service shall not otherwise borrow money except with the consent of the Secretary of State.

19

The Service shall comply with any notice given by the Secretary of State with the approval of the Treasury requiring it to perform duties of a financial nature specified in the notice.

20

• (1) The Service shall—

• (a) keep proper accounts and proper records in relation to the accounts, and

• (b) prepare, in respect of each financial year, a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the Service.

• (2) The statement of accounts shall comply with any requirement which the Secretary of State has, with the approval of the Treasury, notified to the Service.

• (3) The Service shall send each statement of accounts of the Service to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which it relates as the Secretary of State may specify by notice given to the Service.

• (4) The Comptroller and Auditor General shall—

• (a) examine, certify and report on each statement of accounts received by him under sub-paragraph (3), and

• (b) lay a copy of each such statement of accounts, and of his report on it, before each House of Parliament.

• (5) For the purpose of exercising his examination function in relation to a statement of accounts, the Comptroller and Auditor General—

• (a) shall have a right of access at all reasonable times to any documents which he reasonably requires for that purpose and which are in the custody or under the control of the Service;

• (b) shall have a right to require from any person holding or accountable for any of those documents any assistance, information or explanation which he reasonably thinks necessary for that purpose.

• (6) The right of access to documents conferred by sub-paragraph (5)(a) includes a right to take copies of or make extracts from documents.

• (7) A reference in sub-paragraphs (5) and (6) to documents includes a reference to information recorded in any form; and in the case of information recorded otherwise than in a legible form the right of access conferred by sub-paragraph (5)(a) includes a right of access to, and to take copies of, that information in a legible form.

The Public Records Act 1958 (c. 51)

21

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3 there is inserted at the appropriate place— “ Valuation Tribunal Service. ”

The Parliamentary Commissioner Act 1967 (c. 13)

22

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation), the following entry is inserted at the appropriate place— “ Valuation Tribunal Service. ”

The House of Commons Disqualification Act 1975 (c. 24)

23

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), the following entry is inserted at the appropriate place— “ The Valuation Tribunal Service. ”

The Freedom of Information Act 2000 (c. 36)

24

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) there is inserted at the appropriate place—

The Valuation Tribunal Service.

The Enterprise Act 2002 (c. 40)

25

• (1) Paragraph 2(1)(c), (2) and (3) shall be taken to be within the definition of “provision” in section 268 of the Enterprise Act 2002 (power to remove bankruptcy disqualifications under pre-8th November 2002 provisions or extend them to, or replace them with disqualifications of, persons subject to bankruptcy restrictions regimes).

• (2) That section shall apply in relation to paragraph 2(1)(c), (2) and (3) as if—

• (a) subsections (5)(d), (6) to (8) and (15) (power to make application of disqualification provision subject to person’s discretion) were omitted, and

• (b) for subsection (13) (orders under section to be made by statutory instrument after parliamentary approval of a draft) there were substituted—

(13) An order under this section— (a) must be made by statutory instrument, and (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Status

26

• (1) The Service is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown.

• (2) The property of the Service is not to be regarded as property of, or property held on behalf of, the Crown.

Interpretation

27

In this Schedule—

• “delegate” includes further delegate;

• “financial year” means— the period beginning with the day on which section 105 comes into force and ending with the next 31st March, and any subsequent period of 12 months beginning with 1st April.

• “senior member of the Tribunal” means a person holding one of the senior offices of the Tribunal;

• “senior offices of the Tribunal” means any of these offices— President of the Tribunal; Vice-President of the Tribunal; member of the panel of chairmen of the Tribunal.

SCHEDULE 5

Contents of transfer scheme

1

• (1) The property, rights and liabilities which may be transferred by a transfer scheme under section 106 (“transfer scheme”) include property, rights and liabilities that would not otherwise be capable of being transferred or assigned.

• (2) The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

2

A transfer scheme may define the property, rights and liabilities to be transferred by specifying or describing them or by referring to all of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor (or partly in one way and partly in the other).

3

A transfer scheme may contain provision—

• (a) for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the transferor,

• (b) for the creation in favour of the Service of an interest in or right over property retained by the transferor,

• (c) for the creation of any rights or liabilities as between the transferor and the Service,

• (d) for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against the transferor or the Service, or

• (e) for imposing on the transferor and the Service an obligation to enter into written agreements with, or execute other instruments in favour of, each other.

4

A transfer scheme may include such supplemental, incidental, consequential and transitional provision as the Secretary of State considers appropriate.

Effect of transfers

5

• (1) Anything done by or in relation to the transferor for the purpose of or in connection with anything transferred which is in effect immediately before it is transferred shall be treated as if done by or in relation to the Service.

• (2) A transfer does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

6

There may be continued by or in relation to the Service anything (including legal proceedings) relating to anything transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.

7

The Service shall be substituted for the transferor in any document relating to anything transferred.

Continuity of employment, etc of transferred employees

8

Where an employee of a valuation tribunal becomes an employee of the Service under a transfer scheme—

• (a) for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18) (redundancy payments etc), he shall not be regarded as having been dismissed by virtue of the transfer, and

• (b) for the purposes of that Act, his period of employment with the valuation tribunal counts as a period of employment with the Service and the change of employer does not break the continuity of his employment.

Modification of transfer scheme after appointed day

9

• (1) If, after the day appointed by a transfer scheme for the coming into force of the scheme, the transferor and the Service so agree in writing, the scheme shall for all purposes be deemed to have come into force on that day with such modifications as may be agreed.

• (2) An agreement under this paragraph may, in connection with giving effect to modifications to the scheme, include supplemental, incidental, consequential and transitional provision.

Provision of information to Secretary of State

10

A valuation tribunal shall provide the Secretary of State with such information and other assistance as he may reasonably require for the purposes of or in connection with the making of a transfer scheme.

Consultation

11

Before making a transfer scheme relating to the property, rights or liabilities of a valuation tribunal, the Secretary of State shall consult the valuation tribunal concerned.

Stamp duty

12

• (1) Stamp duty shall not be chargeable on—

• (a) a transfer scheme, or

• (b) an instrument or agreement which is certified to the Commissioners of Inland Revenue by the Secretary of State as made in pursuance of a transfer scheme.

• (2) No such scheme, and no instrument or agreement which is certified as mentioned in sub-paragraph (1)(b), shall be taken to be duly stamped unless—

• (a) it has, in accordance with section 12 of the Stamp Act 1891 (c. 39), been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped, or

• (b) it is stamped with the duty to which it would be liable, apart from this paragraph.

• (3) Section 12 of the Finance Act 1895 (c. 16) shall not operate to require—

• (a) the delivery to the Inland Revenue of a copy of this Act, or

• (b) the payment of stamp duty under that section on any copy of this Act,

and shall not apply in relation to any instrument on which, by virtue of sub-paragraph (1), stamp duty is not chargeable.

SCHEDULE 6

Commencement not to affect existing application of section 15 of the 1982 Act

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.

Commencement not to affect pending resolutions about the application of section 15 of the 1982 Act

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.

Additional powers of commencement in relation to section 15 of the 1982 Act as amended

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.

Effect of existing ear-piercing registrations following extension of control to cosmetic piercing

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.

Interpretation

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.

SCHEDULE 7

Fire Services Act 1947 (c. 41)

1

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

Public Works Loans Act 1965 (c. 63)

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 ”.

Public Works Loans Act 1967 (c. 61)

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 ”.

Local Government Act 1972 (c. 70)

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, ”.

Local Government Act 1974 (c. 7)

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) This paragraph applies in relation to the financial year beginning on 1st April 2004 and subsequent financial years.

Stock Transfer Act 1982 (c. 41)

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.

Representation of the People Act 1985 (c. 50)

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.

Local Government Act 1988 (c. 9)

8

Section 33 of the Local Government Act 1988 (restrictions on contracts with local authority companies) ceases to have effect.

Local Government Finance Act 1988 (c. 41)

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—

(77A) 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

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

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) In subsection (4), for “58” there is substituted “ 57A ”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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, ”.

Local Government and Housing Act 1989 (c. 42)

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.

Social Security Administration Act 1992 (c. 5)

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.

Local Government Finance Act 1992 (c. 14)

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 (Wales) Act 1994 (c. 19)

56

The Local Government (Wales) Act 1994 is amended as follows.

57

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

58

• (1) Section 63 (regulations, orders and directions) is amended as follows.

• (2) In subsection (1) (regulations and orders to be made by statutory instrument), after “Secretary of State” there is inserted “ , the National Assembly for Wales ”.

• (3) In subsection (2) (parliamentary procedure), after “other than one made” there is inserted “ by the Assembly or ”.

• (4) In subsection (5)(a) (power to make supplemental etc. provision), for “Secretary of State or (as the case may be) the Lord Chancellor” there is substituted “ person making the regulations or order ”.

Deregulation and Contracting Out Act 1994 (c. 40)

59

In section 71(3) of the Deregulation and Contracting Out Act 1994 (certain functions not excluded by section 71(1)(c)), after paragraph (e) there is inserted—

(ea) section 48 of the Local Government Act 2003 (administration etc of BID levy) if the function corresponds to any function falling within paragraph (e) above,.

Housing Act 1996 (c. 52)

60

• (1) In section 122(4) of the Housing Act 1996 (which makes provision about the determination of rent allowance subsidy under section 140B of the Social Security Administration Act 1992 (c. 5))—

• (a) in paragraph (b) (which refers to subsection (2) of section 140B), for “that subsection” there is substituted “ subsection (4) or (5) of that section ”, and

• (b) in paragraph (c) (which refers to subsection (4) of section 140B), for “(4)” there is substituted “ (5)(b) ”.

• (2) Sub-paragraph (1) shall be deemed to have come into force on 1st July 1997.

Justices of the Peace Act 1997 (c. 25)

61

The Justices of the Peace Act 1997 is amended as follows.

62

In section 67 (justices not disqualified by reason of liability to local taxation)—

• (a) after paragraph (a) there is inserted—

(aa) BID levy (within the meaning of Part 4 of the Local Government Act 2003),

, and

• (b) for “any charge, tax or rate falling within paragraphs (b)” there is substituted “ any levy, charge, tax or rate falling within paragraphs (aa) ”.

63

In section 72(1) (interpretation), for the definition of “capital expenditure” there is substituted—

“capital expenditure” means expenditure which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);

.

Local Government (Contracts) Act 1997 (c. 65)

64

In section 1(3) of the Local Government (Contracts) Act 1997 (local authorities for the purposes of the Act), in paragraph (a), for “Part IV of the Local Government and Housing Act 1989” there is substituted “ Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance) ”.

Audit Commission Act 1998 (c. 18)

65

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

School Standards and Framework Act 1998 (c. 31) and Education Act 2002 (c. 32)

66

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

Government of Wales Act 1998 (c. 38)

67

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

Greater London Authority Act 1999 (c. 29)

68

The Greater London Authority Act 1999 is amended as follows.

69

• (1) Section 52 (meetings of the London Assembly) is amended as follows.

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

(4A) There must be at least 21 clear days between a meeting under subsection (3) above and the last such meeting before it, but this does not apply to the gap between the first such meeting after an ordinary election and the last such meeting before that election.

• (3) In subsection (6)(b) (notice of meeting under subsection (3) to be given at least 28 clear days before meeting), for “28” there is substituted “ 14 ”.

• (4) Subsection (7) (notice of meeting not to be given during currency of a notice already given) is omitted.

70

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

71

Sections 112 to 118 (credit approvals) cease to have effect.

72

• (1) Section 119 (power to redistribute capital receipts of functional bodies) is amended as follows.

• (2) In subsection (2), for “expenditure for capital purposes” there is substituted “ capital expenditure ”.

• (3) In subsection (3)—

• (a) in paragraph (e), for “expenditure for capital purposes” there is substituted “ capital expenditure ”, and

• (b) for paragraph (f) there is substituted—

(f) for and in connection with treating the whole or a prescribed part of the relevant amount as added to the capital receipts of the assisted body, for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);

.

73

In section 120 (capital grants between the Greater London Authority and functional bodies), for “expenditure for capital purposes”, in each place where it occurs, there is substituted “ capital expenditure ”.

74

In section 121 (revenue grants between the Greater London Authority and functional bodies), for “expenditure for capital purposes”, in each place where it occurs, there is substituted “ capital expenditure ”.

75

• (1) Section 122 (Mayor’s capital spending plan for each functional body) is amended as follows.

• (2) In subsection (3)(c), for “usable part of the body’s capital receipts is” there is substituted “ body’s capital receipts are ”.

• (3) In subsection (4) (content of section B of the plan), for paragraphs (b) to (d) there is substituted—

(b) the total of the amounts which the Mayor expects the body— (i) to borrow in the year, or (ii) to be treated as borrowing in the year because of section 8(2) of the Local Government Act 2003 (under which entry into, or variation of, a credit arrangement is treated as a form of borrowing).

• (4) In subsection (5) (content of section C of the plan)—

• (a) in paragraph (a), for “expenditure for capital purposes” there is substituted “ capital expenditure ”, and

• (b) for paragraph (b) there is substituted—

(b) the total of the amounts which the Mayor expects the body to be treated as borrowing in the year because of section 8(2) of the Local Government Act 2003;

.

• (5) In subsection (6) (content of section D of the plan), for paragraph (c) there is substituted—

(c) the amount which he expects the body to meet by borrowing or entering into or varying credit arrangements;

.

76

In section 123 (preparation of capital spending plan), for subsection (1) there is substituted—

(1) For each financial year, the Mayor shall prepare a draft of the capital spending plan for the year.

77

• (1) Section 124 (admissible factors in preparing capital spending plan etc.) is amended as follows.

• (2) In subsection (2), for paragraph (b) there is substituted—

(b) the amounts to be transferred to the body under section 32(5) of the Local Government Act 2003 (Mayor’s power to transfer expenditure grant);

.

• (3) In subsection (4)—

• (a) after paragraph (a) there is inserted—

(aa) the amount met out of grants under section 31 of the Local Government Act 2003 (expenditure grant) made to the body;

, and

• (b) for paragraph (c) there is substituted—

(c) the amount met by borrowing or entering into or varying credit arrangements;

.

78

• (1) Section 126 (interpretation of Chapter 4) is amended as follows.

• (2) For subsection (1) there is substituted—

(1) In this Chapter— “capital expenditure” and “capital receipt” have the same meaning as in Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance); “capital spending plan” means a capital spending plan under section 122 above.

• (3) In subsection (2), for the words from “Part IV” to “section 48” there is substituted “ Chapter 1 of Part 1 of the Local Government Act 2003 (see section 7 ”.

National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

79

In Schedule 1 to the National Assembly for Wales (Transfer of Functions Order) 1999, in the entry relating to the Local Government and Housing Act 1989 (c. 42), the sentence relating to section 80 of that Act is omitted.

Local Government Act 2000 (c. 22)

80

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

Homelessness Act 2002 (c. 7)

81

In section 3(9) of the Homelessness Act 2002 (public’s rights to inspect each document published under section 3 and to obtain copies)—

• (a) in paragraph (a), for “each document published under” there is substituted “ everything published under section 1 or ”, and

• (b) in paragraph (b), for “a document” there is substituted “ anything ”.

SCHEDULE 8

Part 1 — Repeals

Part 2 — Revocations

Security for money borrowed etc

Budget calculations: report on robustness of estimates etc

Application to Greater London Authority

Loans by Public Works Loan Commissioners

Submission of proposed rating lists

Small business relief

Small business relief

Payments towards local authority indebtedness

Calculation of non-domestic rating multiplier

Transitional relief

Control of borrowing

Removal of power to prescribe rateable values

Exemptions for agricultural buildings

Rating of meters

Second and empty homes

Transitional arrangements

Exception of students from joint and several liability

Charging orders: aggregation

Repeal of section 31 of the Local Government Act 1999

Transitional arrangements

Housing Revenue Account business plans

Quashing of liability orders

Charging orders: aggregation

Housing strategies and statements

Housing Revenue Account business plans

Housing Revenue Account subsidy: negative amounts

Power to disapply section 93(1)

Local housing authority houses: rents

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

Power to disapply section 93(1)

Regulation of trading powers

Power to modify enactments in connection with charging or trading

Staff transfer matters: pensions

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

Introductory

Borrowing

Loans

“Fixed period”

Local Government and Housing Act 1989 (c. 42)

Local Government Act 1999 (c. 27)

Local Government Act 2000 (c. 22)

Membership, chairman and deputy chairman

Disqualification

Tenure of office

Remuneration, pensions, etc of members

Staff

Committees

Proceedings

Delegation

Members' interests

Vacancies and defective appointments

Minutes

Execution and proof of instruments

Money

The Public Records Act 1958 (c. 51)

The Parliamentary Commissioner Act 1967 (c. 13)

The House of Commons Disqualification Act 1975 (c. 24)

The Freedom of Information Act 2000 (c. 36)

The Enterprise Act 2002 (c. 40)

Status

Interpretation

Contents of transfer scheme

Effect of transfers

Continuity of employment, etc of transferred employees

Modification of transfer scheme after appointed day

Provision of information to Secretary of State

Consultation

Stamp duty

Commencement not to affect existing application of section 15 of the 1982 Act

Commencement not to affect pending resolutions about the application of section 15 of the 1982 Act

Additional powers of commencement in relation to section 15 of the 1982 Act as amended

Effect of existing ear-piercing registrations following extension of control to cosmetic piercing

Interpretation

Fire Services Act 1947 (c. 41)

Public Works Loans Act 1965 (c. 63)

Public Works Loans Act 1967 (c. 61)

Local Government Act 1972 (c. 70)

Local Government Act 1974 (c. 7)

Stock Transfer Act 1982 (c. 41)

Representation of the People Act 1985 (c. 50)

Local Government Act 1988 (c. 9)

Local Government Finance Act 1988 (c. 41)

Local Government and Housing Act 1989 (c. 42)

Social Security Administration Act 1992 (c. 5)

Local Government Finance Act 1992 (c. 14)

Local Government (Wales) Act 1994 (c. 19)

Deregulation and Contracting Out Act 1994 (c. 40)

Housing Act 1996 (c. 52)

Justices of the Peace Act 1997 (c. 25)

Local Government (Contracts) Act 1997 (c. 65)

Audit Commission Act 1998 (c. 18)

School Standards and Framework Act 1998 (c. 31) and Education Act 2002 (c. 32)

Government of Wales Act 1998 (c. 38)

Greater London Authority Act 1999 (c. 29)

National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

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

Homelessness Act 2002 (c. 7)

Editorial notes