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Local Government Bill


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

    72

 

 118   Appropriate sum under section 137(4) of the Local Government Act 1972

     (1)    In section 137 of the Local Government Act 1972 (c. 70) (which enables local

authorities to incur expenditure for certain purposes not otherwise

authorised), in subsection (4)(a) (which makes provision in connection with the

calculation of the maximum amount of such expenditure in any financial year),

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for “subsection (4AA) below” there is substituted “Schedule 12B to this Act”.

     (2)    After Schedule 12A to that Act there is inserted—

“Schedule 12B

Section 137(4)(a)

 

Appropriate sum under section 137(4)

        1               This Schedule has effect to determine for the purposes of section

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137(4)(a) above the sum that is for the time being appropriate to a

local authority.

        2               The sum appropriate to the local authority for the financial year in

which section 118 of the Local Government Act 2003 comes into force

is £5.00.

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        3              (1)             For each subsequent financial year, the sum appropriate to the local

authority is the greater of the sum appropriate to the authority for

the financial year preceding the year concerned and the sum

produced by the following formula—equation: over[(*n*)cross[char[A],char[B]],char[C]]

                       (2)             A is the sum appropriate to the local authority for the financial year

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preceding the year concerned.

                       (3)             B is the retail prices index for September of the financial year

preceding the year concerned.

                       (4)             C is the retail prices index for September of the financial year which

precedes that preceding the year concerned except where sub-

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paragraph (5) below applies.

                       (5)             Where the base month for the retail prices index for September of the

financial year mentioned in sub-paragraph (4) above (the first year)

differs from that for the index for September of the financial year

mentioned in sub-paragraph (3) above (the second year), C is the

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figure which the Secretary of State calculates would have been the

retail prices index for September of the first year if the base month for

that index had been the same as the base month for the index for

September of the second year.

                       (6)             References in sub-paragraphs (3) to (5) above to the retail prices

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index are to the general index of retail prices (for all items) published

by the Office for National Statistics.

                       (7)             If that index is not published for a month for which it is relevant for

the purposes of any of those sub-paragraphs, the sub-paragraph

shall be taken to refer to any substituted index or index figures

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published by that Office.

                       (8)             For the purposes of sub-paragraph (5) above, the base month for the

retail prices index for September of a particular year is the month—

                    (a)                   for which the retail prices index is taken to be 100, and

 

 

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

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                    (b)                   by reference to which the index for the September in question

is calculated.

                       (9)             In calculating the sum produced by the formula in sub-paragraph (1)

above a part of a whole (if any) shall be calculated to two decimal

places only—

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                    (a)                   adding one hundredth where (apart from this sub-

paragraph) there would be five, or more than five, one-

thousandths, and

                    (b)                   ignoring the one-thousandths where (apart from this sub-

paragraph) there would be less than five one-thousandths.

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        4               Before the beginning of a financial year, the appropriate person may

by order provide for a different sum to have effect as the sum

appropriate to a local authority for the year in place of the sum

calculated for the year in accordance with paragraph 3 above.

        5               In paragraph 4 above “the appropriate person” means—

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                    (a)                   as respects England, the Secretary of State;

                    (b)                   as respects Wales, the National Assembly for Wales.

        6               An order under paragraph 4 above may make different provision in

relation to local authorities of different descriptions.

        7               An order under paragraph 4 above made by the Secretary of State

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shall be subject to annulment in pursuance of a resolution of either

House of Parliament.”

 119   Use of fixed penalties paid for litter and dog-fouling offences

     (1)    Section 88(6)(a) of the Environmental Protection Act 1990 (c. 43) (which

requires authorities to pay any receipts from fixed penalties for litter offences

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to the Secretary of State or the National Assembly for Wales and applies also to

fixed penalties for dog-fouling offences by virtue of section 4(2) of the Dogs

(Fouling of Land) Act 1996) ceases to have effect.

     (2)    An authority in England and Wales to which fixed penalties are payable in

pursuance of notices under—

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

 

 

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Part 8 — Miscellaneous and general
Chapter 2 — General

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     (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—

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

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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

be specified by the regulations;

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           (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

appropriate person) other than the authority.

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     (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.

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

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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

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

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(approval by Secretary of State of establishment scheme for fire

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

authority).

 121   Repeal of prohibition on promotion of homosexuality

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

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prohibited from promoting homosexuality) ceases to have effect.

Chapter 2

General

 122   Orders and regulations

     (1)    Any power to make orders or regulations under this Act includes power—

35

           (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

enactment or instrument made under any enactment).

     (2)    The power under subsection (1)(a) includes, in particular, power to make

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different provision for different local authorities or descriptions of local

 

 

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Part 8 — Miscellaneous and general
Chapter 2 — General

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authority (including descriptions framed by reference to authorities in

particular areas).

     (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.

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     (4)           No—

           (a)           order under this Act which, in exercise of the power under subsection

(1)(b) to make incidental or supplementary provision, amends or

repeals any enactment contained in an Act, or

           (b)           regulations under this Act which, in exercise of that power to make

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incidental or supplementary provision, amend or repeal any such

enactment,

            shall be made by the Secretary of State unless a draft of the statutory

instrument containing the order or regulations (whether containing the order,

or regulations, alone or with other provisions) has been laid before, and

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approved by a resolution of, each House of Parliament.

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

statutory instrument.

     (6)    A statutory instrument that—

           (a)                         contains an order or regulations under this Act, and

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           (b)           is not subject to any requirement that a draft of the instrument be laid

before, and approved by a resolution of, each House of Parliament,

            shall be subject to annulment in pursuance of a resolution of either House of

Parliament.

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

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regulations made by the National Assembly for Wales.

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

 123   General interpretation

In this Act—

                      “appropriate person” means—

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

                  (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);

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                      “financial year” means a period of 12 months beginning with 1st April;

                      “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,

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adaptations and modifications as the Secretary of State may by order provide.

 125   Financial provisions

     (1)    There shall be paid out of money provided by Parliament—

 

 

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

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           (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

so provided under any other enactment.

     (2)    Any sums received under this Act by a Minister of the Crown shall be paid into

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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

other enactment.

 126   Minor and consequential amendments and repeals

10

     (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.

     (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

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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.

 127   Commencement

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

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passed—

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

128;

           (b)           paragraphs 7, 9(1), 24(1), (2) and (5), 25(1), 28, 33(1), 34, 35, 40, 50(1), 54

and 59 of Schedule 6, and section 126(1) so far as relating thereto;

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

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

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

                  (iii)                                   Schedule 9 to the Local Government Finance Act 1988 (c. 41),

and

30

                  (iv)                paragraph 80(1) of Schedule 13 to the Local Government

Finance Act 1992 (c. 14),

                         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—

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           (a)           Chapter 1 of Part 3;

           (b)           sections 40 and 41, so far as relating to England;

           (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 78 of Schedule 6, and section 126(1) so

40

far as relating thereto;

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

                  (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

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                  (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,

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

(Wales) Act 1994 (c. 19),

5

                  (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

136(1) of the Greater London Authority Act 1999 (c. 29), and

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                  (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—

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

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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

the Housing Corporation is the Relevant Authority for the purposes of

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Part 1 of the Housing Act 1996 (c. 52);

           (d)           Schedules 4 and 5;

           (e)           paragraphs 1, 10, 11, 20, 21, 24(3), 25(4) to (6), 26(3), 27, 31, 33(2) and (4),

36 to 39, 64, 66 to 75 and 77 of Schedule 6, and section 126(1) so far as

relating thereto;

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           (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—

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

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           (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

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

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Housing Act 1996, and section 110(2);

           (e)           Schedule 2;

           (f)           paragraphs 5, 9(2), 12 to 17, 22, 24(4), 25(2) and (3), 50(2), 55 to 57, 65 and

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

           (g)           Schedule 7 so far as—

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                  (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 (c. 19), or

                  (ii)                consequential on any of the provisions mentioned in

paragraphs (a) to (f),

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                         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.

     (6)    The remaining provisions of this Act—

 

 

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Part 8 — Miscellaneous and general
Chapter 2 — General

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           (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.

     (7)    Power to make orders under this section is exercisable by statutory instrument.

5

     (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

considers necessary or expedient.

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 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.

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

15

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

Gibraltar—

           (a)           sections 104, 105 and 127,

           (b)           this section, and

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

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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

in or as regards Scotland, and

25

           (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

made by this Act has the same extent as the enactment or instrument to which

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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

           (c)           the entries in Schedule 7 relating to—

35

                  (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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