The Local Government Finance Act 1988 Commencement (Scotland) Order 1988

Made: 11th August 1988

The Secretary of State, in exercise of the powers conferred upon him by sections 143(1) and (2) and 150 of the Local Government Finance Act 1988 [^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:

1

This Order may be cited as the Local Government Finance Act 1988 Commencement (Scotland) Order 1988.

2

In this Order—

• “the Act” means the Local Government Finance Act 1988;

• “the 1987 Act” means the Abolition of Domestic Rates Etc. (Scotland) Act 1987 [^f00002],

and any expression used in this Order which is also used in the 1987 Act shall have the same meaning in this Order as it has in that Act.

3

The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall come into force on 22nd August 1988 but, where a particular purpose is specified in relation to any provision in column 2 of that Schedule, that provision shall come into force on that day only for that purpose.

4

The provisions of the Act which are specified in Schedule 2 to this Order shall come into force on 15th September 1988.

5

The provisions of the Act which are specified in Schedule 3 to this Order shall come into force on 1st October 1988.

6

The provisions of the Act which are specified in Schedule 4 to this Order shall, insofar as they are not then in force, come into force on 1st April 1989.

7

The provisions of the Act which are specified in Schedule 5 to this Order shall come into force on 1st April 1990.

SCHEDULE 1 — The provisions of the Act which come into force on 22nd August 1988.

SCHEDULE 2 — Provisions of the Act which come into force on 15th September 1988.

• In Part II of Schedule 12, paragraph 15.

• In Part IV of Schedule 13, the repeals listed in the table below. TABLE Repeals ChapterShort TitleExtent of Repeal 1987 c. 47Abolition of Domestic Rates Etc. (Scotland) Act 1987In section 2, in subsection (3), paragraph (b); and in subsection (5) the words “or part of a class” and the words “(3)(b) or”.

SCHEDULE 3 — Provisions of the Act which come into force on 1st October 1988.

• In Part II of Schedule 12, paragraphs 27, 29 and 30.

• In Part IV of Schedule 13, the repeals listed in the Table below. TABLE Repeals ChapterShort TitleExtent of Repeal 1987 c. 47Abolition of Domestic Rates Etc. (Scotland) Act 1987In section 20, in subsection (3) the words “and at such other places as may be prescribed” and the words from “and in relation” to the end, and in subsection (7) the words “(other than a copy made available for sale under subsection (4) above)”.

SCHEDULE 4 — Provisions of the Act which, insofar as they are not then in force, come into force on 1st April 1989.

• Section 129.

• In Part II of Schedule 12, paragraphs 10, 18 to 21 and 35.

• In Part IV of Schedule 13, the repeals listed in the Table below. TABLE Repeals ChapterShort TitleExtent of Repeal 1947 c. 42Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947In section 5, in subsection (3) the words “from the valuation roll or otherwise known”, and the words from “Service of a notice” to the end of the subsection.

SCHEDULE 5 — Provisions of the Act which come into force on 1st April 1990.

• In Part II of Schedule 12, paragraphs 7, 11, 12 and 13.

• In Part IV of Schedule 13, the repeals listed in the Table below. TABLE Repeals ChapterShort TitleExtent of Repeal 1975 c. 30Local Government (Scotland) Act 1975Schedule 1.1978 c. 4Local Government (Scotland) Act 1978Section 2.1980 c. 45Water (Scotland) Act 1980In Schedule 10, the entry relating to Schedule 1 to the Local Government (Scotland) Act 1975.1981 c. 23Local Government (Miscellaneous Provisions) (Scotland) Act 1981Section 10.1981 c. 38British Telecommunications Act 1981Section 36.1982 c. 23Oil and Gas (Enterprise) Act 1982In Schedule 3, paragraph 23.1984 c. 31Rating and Valuation (Amendment) (Scotland) Act 1984In Schedule 2, paragraph 18.1986 c. 44Gas Act 1986In Schedule 7, paragraph 21.1987 c. 47Abolition of Domestic Rates Etc. (Scotland) Act 1987Section 24.

Signed

Ian Lang — Minister of State, Scottish Office — 11th August 1988

Explanatory note

(This note is not part of the Order)

This Order appoints the days on which the provisions of the Local Government Finance Act 1988 (“the Act”) which extend only to Scotland are to come into force.

Article 3 of the Order provides that the provisions of the Act which are specified in Schedule 1 to the Order are to come into force on 22nd August 1988, subject to any restrictions specified in that Schedule.

Articles 4, 5, 6 and 7 of the Order provide that the provisions of the Act which are specified in Schedules 2, 3, 4 and 5 to the Order are to come into force respectively on 15th September 1988, 1st October 1988, 1st April 1989 and 1st April 1990.

Footnotes

[^f00001]: 1988 c. 41

[^f00002]: 1987 c. 47