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

Made: 29th March 1990

Laid before Parliament: 29th March 1990

Coming into force: Immediately before 1st April 1990

The Secretary of State, in exercise of the powers conferred upon him by sections 117(8) and 143(1) and (2) of the Local Government Finance Act 1988[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1

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

Interpretation

2

In these Regulations—

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

• “the 1967 Act” means the General Rate Act 1967[^f00002].

Savings of the 1967 Act

3

• (1) Notwithstanding section 117(1) of, and Part I of Schedule 13 to, the Act, and without prejudice to section 16(1) of the Interpretation Act 1978[^f00003], the provisions of the 1967 Act, other than those mentioned in Schedule 1 to these Regulations, shall continue to have effect on and after 1st April 1990, subject to the amendments made in them by the Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990[^f00004], for the purposes of, or for purposes connected with—

• (a) any rate made, or precept issued, under the 1967 Act in respect of any period ending before 1st April 1990;

• (b) any liability for rates in respect of any such period;

• (c) the alteration of any valuation list in force immediately before 1st April 1990 pursuant to a proposal made before that date but to which effect had not been given immediately before that date;

• (d) the adjustment of any payment made by or under any of the following enactments in respect of a period ending before 1st April 1990—

• (i) Part VI (rate support grant) of the Local Government, Planning and Land Act 1980[^f00005];

• (ii) Part II (block grant) of the Local Government Finance Act 1982[^f00006];

• (iii) the Education Act 1986[^f00007];

• (iv) the Rate Support Grants Act 1986[^f00008];

• (v) the Rate Support Grants Act 1987[^f00009];

• (vi) the Local Government Finance Act 1987[^f00010];

• (vii) section 126 (variation of multipliers in supplementary reports) of the Local Government Finance Act 1988[^f00011];

• (viii) the Rate Support Grants Act 1988[^f00012];

• (e) article 5 of the Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990;

• (f) section 66(4) of the East Sussex Act 1981[^f00013].

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

Other savings

4

• (1) Without prejudice to regulation 3, nothing in section 117(1) of, or Part I of Schedule 13 to, the Act shall affect the continued operation of the provisions mentioned in Schedule 2 hereto—

• (a) for such purposes as are mentioned in paragraph (1) of that regulation; or

• (b) for the purposes of any other matter connected with rates or precepts and relating to a period ending before 1st April 1990,

or the power of the Secretary of State to repeal, revoke or vary any such provision.

• (2) Nothing in section 117(6) of, or Part I of Schedule 13 to, the Act shall apply so as to preclude the payment by the Common Council of ward expenses payable in accordance with Regulations made by that Council on 13th December 1979 under section 17 (payment of certain expenses of wards within the City of London) of the City of London (Union of Parishes) Act 1907[^f00014], or the power of the Council to amend or revoke those Regulations.

Revocation of instruments

5

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

SCHEDULE 1 — EXCLUDED PROVISIONS OF THE GENERAL RATE ACT 1967

• Section 3(1) to (3) and (6)

• Section 4

• Section 8

• Section 11

• Section 13

• Section 17A

• Section 17B

• Section 19A

• Section 19B

• Section 20(1B)

• Section 30

• Section 68

• Section 69, other than subsection (5)

• Section 73(3)

• Section 74(5)

• Section 80(4)

• Section 82(1)

• Section 85

• Paragraphs 6(1) to (3) and 8(1) of Schedule 1

• Schedule 4, other than paragraph 5(2) to (6)

• Schedule 5, other than paragraph 8

• Schedule 6, other than paragraph 5

• Schedule 7, other than paragraph 15

• Schedule 10.

SCHEDULE 2 — OTHER SAVINGS

SCHEDULE 3 — INSTRUMENTS REVOKED

Signed

Chris Patten — One of Her Majesty’s Principal Secretaries of State — 29th March 1990

Explanatory note

(This note is not part of the Regulations)

As a consequence of the introduction on 1st April 1990 of the new community charges and non-domestic rating systems, section 117(1) of the Local Government Finance Act 1988 provides that the General Rate Act 1967 ceases to have effect after 31st March 1990. These Regulations continue the provisions of that Act, other than those specified in Schedule 1 to the Regulations, for the limited purposes mentioned in regulation 3.

Regulation 4 continues the effect of the provisions listed in Schedule 2 (which would otherwise cease to have effect on 1st April 1990) for the limited purposes specified in that regulation.

Regulation 5 provides for the revocation of the statutory instruments listed in Schedule 3, which would otherwise cease to have effect on 1st April 1990.

Footnotes

[^f00001]: 1988 c. 41.

[^f00002]: 1967 c. 9.

[^f00003]: 1978 c. 30.

[^f00004]: S.I. 1990/776; the amendments to the 1967 Act made by the Order are set out in the Appendix to these Regulations.

[^f00005]: 1980 c. 65.

[^f00006]: 1982 c. 32.

[^f00007]: 1986 c. 40.

[^f00008]: 1986 c. 54.

[^f00009]: 1987 c. 5.

[^f00010]: 1987 c. 6.

[^f00011]: 1988 c. 41.

[^f00012]: 1988 c. 51.

[^f00013]: 1981 c.xxv.

[^f00014]: 1907 c.cx1.

[^f00015]: Section 7(1) was amended by the Courts Act 1971 (c. 23), Schedule 11, Part IV, and the Crown Court Rules 1982 (S.I. 1982/1109).

[^f00016]: Section 20(1A) and (1B) were inserted by the Local Government, Planning and Land Act 1980 (c. 65), section 30(3).

[^f00017]: Section 108 was substituted by the Rates Act 1984 (c. 33), Schedule 1, paragraph 20. Section 108(1)(c) was amended by paragraph 1 of Schedule 2 to the Valuation and Community Charge Tribunals (Transfer of Jurisdiction) Regulations 1989 (S.I. 1989/440).