LegalizeThe Local Government and Housing Act 1989 (Commencement No.1) Order 1989
Made: 22nd November 1989
The Secretary of State, in exercise of the powers conferred upon him by section 195(2) of the Local Government and Housing Act 1989([^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 and Housing Act 1989 (Commencement No.1) Order 1989.
2
In this Order—
- “the Act” means the Local Government and Housing Act 1989.
3
The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall come into force on 1st December 1989, 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 column 1 of Schedule 2 to this Order shall, insofar as they are not then in force, come into force on 16th January 1990 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.
5
The provisions of the Act which are specified in column 1 of Schedule 3 to this Order shall, insofar as they are not then in force, come into force on 1st April 1990, 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.
SCHEDULE 1 — Provisions of the Act which come into force on 1st December 1989
| Column 1 | Column 2 |
|---|---|
| Provisions of the Act | Restriction of Purpose (if any) |
| Section 140 | Only for the purposes of and in relation to the financial year 1990-91 and each subsequent financial year |
| Section 142 | Only for the purposes of and in relation to the financial year 1990-91 and each subsequent financial year |
| Sections 143 and 144 | |
| Section 145 | Only for the purposes of the provisions in Schedule 6 which are mentioned in this Schedule |
| Section 159 | |
| Section 179 | |
| Section 194(1) | Only for the purposes of the provisions of Schedule 11 which are mentioned in this Schedule |
| Section 194(4) | Only for the purposes of the repeal of the enactments specified in Part II of Schedule 12 which are referred to in this Schedule |
| In Schedule 6, the following paragraphs:— | |
| paragraphs 3 and 4 | Only for the purposes of and in relation to the financial year 1990-91 and each subsequent financial year |
| paragraphs 5 to 8, 11, 12, 16, 17, 20, 21, and 23 to 27 | |
| paragraphs 28 and 29 | Only for the purposes of and in relation to the financial year 1990-91 and each subsequent financial year |
| In Schedule 11, paragraphs 61 and 95 | |
| In Part II of Schedule 12, the repeals listed in the Table below | |
| Chapter | Short Title |
| --- | --- |
| 4 and 5 Eliz. 2.c. 60 | The Valuation and Rating (Scotland) Act 1956 |
| 1973 c. 65 | The Local Government (Scotland) Act 1973 |
| 1988 c. 41 | The Local Government Finance Act 1988 |
| 1988 c. 43 | The Housing (Scotland) Act 1988 |
SCHEDULE 2 — Provisions of the Act which come into force on 16th January 1990
| Column 1 | Column 2 |
|---|---|
| Provisions of the Act | Restriction of Purpose (if any) |
| Sections 176, 177 and 178 | |
| Section 185 | |
| Section 194(1) | Only for the purposes of the provisions of Schedule 11 which are mentioned in this Schedule |
| Section 194(4) | Only for the purposes of the repeal of enactments specified in Part II of Schedule 12 which are referred to in this Schedule |
| In Schedule 11, paragraphs 93, 94, 99 and 100 | |
| In Part II of Schedule 12, the repeals listed in the Table below | |
| Chapter | Short Title |
| --- | --- |
| 1987 c. 26 | The Housing (Scotland) Act 1987 |
SCHEDULE 3 — Provisions of the Act which come into force on 1st April 1990
| Column 1 | Column 2 |
|---|---|
| Provisions of the Act | Restriction of Purpose (if any) |
| Section 145 | Only for the purposes of the provisions of Schedule 6 mentioned in this Schedule |
| Section 170 | |
| Section 194(4) | Only for the purposes of the repeal of enactments specified in Part II of Schedule 12 which are referred to in this Schedule |
| In Schedule 6, the following paragraphs:— | |
| paragraphs 1, 2, 9, 10, 13 to 15, 18, 19 and 22 | |
| In Part II of Schedule 12, the repeals listed in the Table below | |
| Chapter | Short Title |
| --- | --- |
| 10 and 11 Eliz. 2.c. 9 | The Local Government (Financial Provisions etc) (Scotland) Act 1962 |
| 1980 c. 45 | The Water (Scotland) Act 1980 |
| 1988 c. 41 | The Local Government Finance Act 1988 |
Signed
James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 22nd November 1989
Explanatory note
(This note is not part of the Order)
This Order appoints the days for the coming into force of certain specified provisions of the Local Government and Housing Act 1989 c. 42 (“the Act”). Those provisions relate to housing, local government and local government finance matters in Scotland, although the Order extends throughout Great Britain.
Articles 3, 4 and 5 of the Order provide that the provisions of the Act specified respectively in Schedules 1, 2 and 3 of the Order are to come into force on 1st December 1989, 16th January 1990 and 1st April 1990, subject to any restrictions specified in respective Schedules.
Footnotes
[^f00001]: 1989 c. 42
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