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Local Government Bill


Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    73

 

           (a)           section 88 of the Environmental Protection Act 1990 (c. 43) (fixed

penalty notices for leaving litter), or

           (b)           section 4 of the Dogs (Fouling of Land) Act 1996 (c. 20) (fixed penalty

notices for not removing dog faeces),

            may use any sums it receives in respect of fixed penalties payable to it in

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pursuance of such notices only for the purposes of functions of its that are

qualifying functions.

     (3)    The following are qualifying functions for the purposes of this section—

           (a)           functions under Part 4 of the Environmental Protection Act 1990 (litter

etc.),

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           (b)           functions under the Dogs (Fouling of Land) Act 1996, and

           (c)           functions of a description specified in regulations made by the

appropriate person.

     (4)    Regulations under subsection (3)(c) may (in particular) have the effect that an

authority may use the sums mentioned in subsection (2) (its “fixed-penalty

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receipts”) for the purposes of any of its functions.

     (5)    An authority shall supply the appropriate person with such information

relating to its use of its fixed-penalty receipts as the appropriate person may

require.

     (6)    The appropriate person may by regulations—

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           (a)           make provision for what an authority is to do with its fixed-penalty

receipts—

                  (i)                 pending their being used for the purposes of qualifying

functions of the authority;

                  (ii)                if they are not so used before such time after their receipt as may

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be specified by the regulations;

           (b)           make provision for accounting arrangements in respect of an

authority’s fixed-penalty receipts.

     (7)    The provision that may be made under subsection (6)(a)(ii) includes (in

particular) provision for the payment of sums to a person (including the

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appropriate person) other than the authority.

     (8)    Before making regulations under this section, the appropriate person must

consult—

           (a)           the authorities to which the regulations are to apply, and

           (b)           such other persons as the appropriate person considers appropriate.

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

The following provisions cease to have effect—

           (a)           section 19(3) to (8) of the Fire Services Act 1947 (c. 41) (functions of

Secretary of State in relation to fire brigade establishment schemes),

and

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           (b)           paragraph (a) of section 7(2) of the Fire Services Act 1959 (c. 44)

(approval by Secretary of State of establishment scheme for fire

authority on its becoming, or becoming a successor to, a combined

authority).

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 2 — General

    74

 

 121   Repeal of prohibition on promotion of homosexuality

Section 2A of the Local Government Act 1986 (c. 10) (local authorities

prohibited from promoting homosexuality) ceases to have effect.

Chapter 2

General

5

 122   Orders and regulations

     (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

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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).

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     (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)    Any power to make orders or regulations under this Act is exercisable by

statutory instrument.

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     (5)    A statutory instrument containing an order or regulations under this Act,

except sections 98(1) and (2) and 101(4) and (5), shall be subject to annulment

in pursuance of a resolution of either House of Parliament.

     (6)    Subsection (5) does not apply to a statutory instrument containing an order or

regulations made by the National Assembly for Wales.

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     (7)    This section does not apply to orders under section 127.

 123   General interpretation

In this Act—

                      “appropriate person” means—

                  (a)                 in relation to England, the Secretary of State, and

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                  (b)                 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;

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                      “valuation tribunal” means a tribunal established under Schedule 11 to

the Local Government Finance Act 1988 (c. 41).

 124   Application to Isles of Scilly

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.

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Local Government Bill
Part 8 — Miscellaneous and general
Chapter 2 — General

    75

 

 125   Financial provisions

     (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

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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

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other enactment.

 126   Minor and consequential amendments and repeals

     (1)    Schedule 6 (minor and consequential amendments) has effect.

     (2)    The enactments and instruments specified in Schedule 7 are hereby repealed or

revoked to the extent specified there.

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     (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.

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 127   Commencement

     (1)    The following provisions shall come into force on the day on which this Act is

passed—

           (a)           this section and sections 30, 36, 37, 73, 104, 105, 115, 120, 122, 123 and

128;

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           (b)           paragraphs 7, 9(1), 25(1), 28, 33(1), 34, 35, 40, 50(1) and 58 of Schedule 6,

and section 126(1) so far as relating thereto;

           (c)           Schedule 7, so far as relating to—

                  (i)                                     the Fire Services Act 1947 (c. 41), and

                  (ii)                                    the Fire Services Act 1959 (c. 44),

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                         and section 126(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 40 and 41, so far as relating to England;

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           (c)           Part 6, except section 84;

           (d)           sections 88, 89, 92, 94 to 99, 114, 117 and 121;

           (e)           paragraphs 41 to 49, 51 to 53 and 77 of Schedule 6, and section 126(1) so

far as relating thereto;

           (f)           Schedule 7, so far as relating to—

40

                  (i)                 section 2A of the Local Government Act 1986 (c. 10),

                  (ii)                                    section 28 of the Local Government Act 1988 (c. 9),

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 2 — General

    76

 

                  (iii)               Part 4 of Schedule 4 to the Local Government and Housing Act

1989 (c. 42),

                  (iv)                sections 22(2) and 25 of the Local Government Finance Act 1992

(c. 14),

                  (v)                 paragraphs 96 and 97 of Schedule 16 to the Local Government

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(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

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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 126(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—

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           (a)           sections 64(2) and (11), 66, 71(4) to (6), 84, 93(1), 100, 101(1), (2) and (4)

to (8), 106 to 109, 110(3) and (4), 111 to 113, 116 and 124;

           (b)           section 102, 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 110(1), so far as relating to registered social landlords for which

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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(2), 25(4) to (6), 26(3), 27, 31, 33(2) and (4),

36 to 39, 63, 65 to 74 and 76 of Schedule 6, and section 126(1) so far as

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relating thereto;

           (f)           Schedule 7, so far as consequential on any of the provisions mentioned

in paragraphs (a) to (e), and section 126(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—

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           (a)           sections 40 and 41, so far as relating to Wales;

           (b)           sections 42, 63(6) and (7), 65, 71(7) to (9) and 93(2);

           (c)           section 102, so far as relating to a best value authority in Wales, other

than one mentioned in subsection (7) of that section;

           (d)           section 110(1), so far as relating to registered social landlords for which

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the Assembly is the Relevant Authority for the purposes of Part 1 of the

Housing Act 1996, and section 110(2);

           (e)           Schedule 2;

           (f)           paragraphs 5, 9(2), 12 to 17, 22, 24(3), 25(2) and (3), 50(2), 54 to 56, 64 and

75 of Schedule 6, and section 126(1) so far as relating thereto;

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           (g)           Schedule 7 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, or

                  (ii)                consequential on any of the provisions mentioned in

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paragraphs (a) to (f),

                         and section 126(2) so far as relating thereto.

     (5)    So far as relating to Scotland, sections 102 and 103 shall come into force on such

day as the Scottish Ministers may by order appoint.

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 2 — General

    77

 

     (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.

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     (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

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considers necessary or expedient.

 128   Short title and extent

     (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.

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     (3)    Sections 84(2), 102 and 103 extend also to Scotland.

     (4)    The following provisions extend also to Scotland, Northern Ireland and

Gibraltar—

           (a)           sections 104, 105 and 127,

           (b)           this section, and

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           (c)           paragraph 7(2) of Schedule 6, and section 126(1) so far as relating

thereto.

     (5)    Section 115 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

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in or as regards Scotland, and

           (b)           to Northern Ireland.

     (6)    Each of sections 122 and 123, 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

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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 86, 114(3), 115 and 120(a),

           (b)           paragraphs 8 and 52 of Schedule 6, and

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           (c)           the entries in Schedule 7 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).                    

 

 

 
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