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Local Government Bill
Schedule 5 — Transfer schemes: further provision

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Schedule 5

Section 107

 

Transfer schemes: further provision

Contents of transfer scheme

  1       (1)      The property, rights and liabilities which may be transferred by a transfer

scheme under section 107 (“transfer scheme”) include property, rights and

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liabilities that would not otherwise be capable of being transferred or

assigned.

          (2)      The transfers authorised by sub-paragraph (1) include transfers which are to

take effect as if there were no such contravention, liability or interference

with any interest or right as there would otherwise be by reason of any

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provision having effect (whether under any enactment or agreement or

otherwise) in relation to the terms on which the transferor is entitled to the

property or right, or subject to the liability, in question.

  2        A transfer scheme may define the property, rights and liabilities to be

transferred by specifying or describing them or by referring to all of the

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property, rights and liabilities comprised in a specified part of the

undertaking of the transferor (or partly in one way and partly in the other).

  3        A transfer scheme may contain provision—

              (a)             for the creation, in relation to property which the scheme transfers,

of an interest in or right over the property in favour of the transferor,

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              (b)             for the creation in favour of the Service of an interest in or right over

property retained by the transferor,

              (c)             for the creation of any rights or liabilities as between the transferor

and the Service,

              (d)             for any rights or liabilities specified or described in the scheme to be,

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or to be to any extent, enforceable by or against the transferor or the

Service, or

              (e)             for imposing on the transferor and the Service an obligation to enter

into written agreements with, or execute other instruments in favour

of, each other.

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  4        A transfer scheme may include such supplemental, incidental,

consequential and transitional provision as the Secretary of State considers

appropriate.

Effect of transfers

  5       (1)      Anything done by or in relation to the transferor for the purpose of or in

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connection with anything transferred which is in effect immediately before

it is transferred shall be treated as if done by or in relation to the Service.

          (2)      A transfer does not affect the validity of anything done by or in relation to

the transferor before the transfer takes effect.

  6        There may be continued by or in relation to the Service anything (including

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legal proceedings) relating to anything transferred which is in the process of

being done by or in relation to the transferor immediately before it is

transferred.

 

 

Local Government Bill
Schedule 5 — Transfer schemes: further provision

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  7        The Service shall be substituted for the transferor in any document relating

to anything transferred.

Continuity of employment, etc of transferred employees

  8        Where an employee of a valuation tribunal becomes an employee of the

Service under a transfer scheme—

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              (a)             for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18)

(redundancy payments etc), he shall not be regarded as having been

dismissed by virtue of the transfer, and

              (b)             for the purposes of that Act, his period of employment with the

valuation tribunal counts as a period of employment with the Service

10

and the change of employer does not break the continuity of his

employment.

Modification of transfer scheme after appointed day

  9       (1)      If, after the day appointed by a transfer scheme for the coming into force of

the scheme, the transferor and the Service so agree in writing, the scheme

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shall for all purposes be deemed to have come into force on that day with

such modifications as may be agreed.

          (2)      An agreement under this paragraph may, in connection with giving effect to

modifications to the scheme, include supplemental, incidental,

consequential and transitional provision.

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Provision of information to Secretary of State

  10       A valuation tribunal shall provide the Secretary of State with such

information and other assistance as he may reasonably require for the

purposes of or in connection with the making of a transfer scheme.

Consultation

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  11       Before making a transfer scheme relating to the property, rights or liabilities

of a valuation tribunal, the Secretary of State shall consult the valuation

tribunal concerned.

Stamp duty

  12      (1)      Stamp duty shall not be chargeable on—

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              (a)             a transfer scheme, or

              (b)             an instrument or agreement which is certified to the Commissioners

of Inland Revenue by the Secretary of State as made in pursuance of

a transfer scheme.

          (2)      No such scheme, and no instrument or agreement which is certified as

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mentioned in sub-paragraph (1)(b), shall be taken to be duly stamped

unless—

              (a)             it has, in accordance with section 12 of the Stamp Act 1891 (c. 39),

been stamped with a particular stamp denoting that it is not

chargeable with any duty or that it is duly stamped, or

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              (b)             it is stamped with the duty to which it would be liable, apart from

this paragraph.

 

 

Local Government Bill
Schedule 6 — Minor and consequential amendments

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          (3)      Section 12 of the Finance Act 1895 (c. 16) shall not operate to require—

              (a)             the delivery to the Inland Revenue of a copy of this Act, or

              (b)             the payment of stamp duty under that section on any copy of this

Act,

           and shall not apply in relation to any instrument on which, by virtue of sub-

5

paragraph (1), stamp duty is not chargeable.

Schedule 6

Section 126(1)

 

Minor and consequential amendments

Fire Services Act 1947 (c. 41)

  1        In section 6 of the Fire Services Act 1947 (power of the Secretary of State to

10

make combination schemes), after subsection (1) there is inserted—

              “(1A)                In the case of a scheme made under this section constituting a fire

authority in England, the application by subsection (1) of this section

of the provisions of subsection (2) of the last foregoing section shall

not include paragraph (c).”

15

Public Works Loans Act 1965 (c. 63)

  2        In section 2 of the Public Works Loans Act 1965 (local loans)—

              (a)             in subsection (3), for “section 43 of the Local Government and

Housing Act 1989” there is substituted “section 1 of the Local

Government Act 2003”, and

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              (b)             in subsection (5), for “section 47 of the Local Government and

Housing Act 1989” there is substituted “section 13 of the Local

Government Act 2003”.

Public Works Loans Act 1967 (c. 61)

  3        In section 2(2) of the Public Works Loans Act 1967 (local loans), for “section

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43 of the Local Government and Housing Act 1989” there is substituted

“section 1 of the Local Government Act 2003”.

Local Government Act 1972 (c. 70)

  4        In section 137(3) of the Local Government Act 1972 (which permits local

authorities to make contributions to certain charitable and other funds), after

30

“subject” there is inserted “, in the case of a parish or community council,”.

Local Government Act 1974 (c. 7)

  5       (1)      Schedule 4 to the Local Government Act 1974 (the Commissions for Local

Administration in England and in Wales) is amended as follows.

          (2)      In paragraph 6 (each Commission deemed a specified body for purposes of

35

determining revenue support grant)—

              (a)             in sub-paragraph (1), for “Each of the Commissions”,

              (b)             in sub-paragraph (2), for “each Commission”, and

 

 

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Schedule 6 — Minor and consequential amendments

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              (c)             in sub-paragraph (3), for “the Commissions”,

                   there is substituted “the Commission for Local Administration in England”.

          (3)      For paragraph 6(5) (which is no longer of practical utility) there is

substituted—

          “6A                 (1)                  The Commission for Local Administration in Wales shall be

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treated as if they were a specified body for the purposes of

Chapter 3 of Part 5 of the 1988 Act (revenue support grant: Wales),

and that Chapter shall accordingly have effect with the following

modifications.

                           (2)                  Before making a determination under section 84F(2) or (3) of the

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1988 Act, the National Assembly for Wales shall, except in the case

mentioned in paragraph 8A below, take into account—

                      (a)                     estimates of the expenses of the Commission for Local

Administration in Wales, and

                      (b)                     any observations on those estimates,

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                                             made and submitted to the Assembly in accordance with

paragraph 7 below.

                           (3)                  The Assembly may also take into account any other information

available to it as to the expenses of the Commission for Local

Administration in Wales, whatever its source.

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                           (4)                  A determination under section 84F of the 1988 Act shall not be

invalid merely because the requirements of paragraph 7 below

were not complied with.”

          (4)      In paragraph 8 (making of assumptions where a Commission fails to submit

expenses estimate), for “a Commission” there is substituted “the

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Commission for Local Administration in England”.

          (5)      After paragraph 8 there is inserted—

          “8A                  Where the Commission for Local Administration in Wales fail to

submit an estimate of their expenses for the forthcoming financial

year under paragraph 7 above, the National Assembly for Wales

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may, for the purposes of a determination under section 84F of the

1988 Act, assume those expenses to be such as it sees fit.”

          (6)      This paragraph applies in relation to the financial year beginning on 1st

April 2004 and subsequent financial years.

Stock Transfer Act 1982 (c. 41)

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  6        In section 1(3)(b) of the Stock Transfer Act 1982 (extension of powers relating

to securities), the words from “section 43” to “powers)” are omitted.

Representation of the People Act 1985 (c. 50)

  7       (1)      Section 15 of the Representation of the People Act 1985 (combination of

polls) shall have effect as if the following were inserted after subsection (5)—

40

              “(5A)                The power under subsection (5) above to make provision in

connection with the combining under this section of polls at—

                    (a)                   a local government election in England and Wales, and

                    (b)                   the European Parliamentary general election in 2004,

 

 

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Schedule 6 — Minor and consequential amendments

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                              includes power to make provision modifying, in relation to such

elections, any enactment relating to election of members of the

European Parliament or any instrument made under any such

enactment or under the Representation of the People Acts.”

          (2)      The following shall extend to Gibraltar—

5

              (a)             the power conferred by section 15(5) of the Representation of the

People Act 1985 (c. 50), so far as extended by section 15(5A) of that

Act, and

              (b)             the Representation of the People Acts, so far as relating thereto.

Local Government Act 1988 (c. 9)

10

  8        Section 33 of the Local Government Act 1988 (restrictions on contracts with

local authority companies) ceases to have effect.

Local Government Finance Act 1988 (c. 41)

  9       (1)      The Local Government Finance Act 1988 is amended as follows.

          (2)      Paragraphs 12 to 17 and 22 apply in relation to the financial year beginning

15

on 1st April 2004 and subsequent financial years.

  10       In section 47 (discretionary relief), in subsections (1)(b) and (5), for “section

58” there is substituted “section 57A or 58”.

  11       In section 49 (reduction or remission of liability), in subsection (3), for

“section 58” there is substituted “section 57A or 58”.

20

  12       Section 76 shall become Chapter 1 of Part 5, entitled “General”.

  13       Sections 78 to 84C shall become Chapter 2 of Part 5, entitled “Revenue

support grant: England”.

  14       In the Chapter 2 so formed, at the beginning there is inserted—

“Introductory

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       77A            Application of Chapter 2

This Chapter applies only in relation to England.”

  15       In sections 78(1) and 78A(2) (which refer to revenue support grant being

payable under the Part), for “Part” there is substituted “Chapter”.

  16       Section 85, together with the sections in Part 5 that follow that section, shall

30

become Chapter 4 of that Part, entitled “Other grants”.

  17       In section 85(2) (which refers to additional grant being payable under the

Part), for “Part” there is substituted “section and section 86 below”.

  18       In section 88 (transport grants: supplementary), in subsections (4) and (6),

for the words from “expenditure for” to “1989” there is substituted “capital

35

expenditure for the purposes of Chapter 1 of Part 1 of the Local Government

Act 2003 (capital finance)”.

  19       In section 90 (payments to and from collection funds), in subsection (1)(d),

for “or regulations” there is substituted “, under regulations made for the

 

 

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Schedule 6 — Minor and consequential amendments

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purpose mentioned in paragraph 4(7) of that Schedule or under

regulations”.

  20       In section 138 (judicial review), in subsection (2)(j), after “multiplier” there is

inserted “or small business non-domestic rating multiplier”.

  21       In section 139 (functions to be discharged only by authority), in subsection

5

(2)(d), after “multiplier” there is inserted “or small business non-domestic

rating multiplier”.

  22       In section 140(2) (Parts 3 and 5 of the Act to apply, and be administered,

separately in England and Wales)—

              (a)             in paragraph (c), at the end there is inserted “and”,

10

              (b)             paragraph (d) is omitted, and

              (c)             in paragraph (e), the words “section 84A above or” are omitted.

  23       In section 141 (payments to and from authorities), in subsection (7), after

“below,” there is inserted “regulations made for the purpose mentioned in

paragraph 4(7) of that Schedule,”.

15

  24      (1)      Section 143 (orders and regulations) is amended as follows.

          (2)                        In subsection (3), for “(9A)” there is substituted “(9AA)”.

          (3)      In subsection (4), for “58” there is substituted “57A”.

          (4)      After that subsection there is inserted—

              “(4A)                As regards any power of the National Assembly for Wales to make

20

an order or regulations under this Act, subsection (3) above shall

have effect without the words from “subject to annulment” to the

end.”

          (5)               After subsection (9A) there is inserted—

              “(9AA)                The power of the Secretary of State to make an order under

25

paragraph 5G of Schedule 9 shall be exercisable by statutory

instrument, and no such order shall be made by him unless a draft of

it has been laid before and approved by resolution of each House of

Parliament.”

  25      (1)      Schedule 7 (non-domestic rating multipliers) is amended as follows.

30

          (2)      In paragraph 5 (interpretation of definitions of “non-domestic rating

multiplier”), after sub-paragraph (13) there is inserted—

                           “(14)                  Sub-paragraph (13) above does not apply to orders made by the

National Assembly for Wales.

                           (15)                  An order made under sub-paragraph (3) above by the National

35

Assembly for Wales (including an order amending or revoking

another) is effective in relation to a particular financial year only if

it is made—

                      (a)                     before 1 March in the preceding financial year, and

                      (b)                     at a time when no local government finance report for the

40

year has been published by the Assembly.”

          (3)      In paragraph 6 (calculation of non-domestic rating multiplier), after sub-

 

 

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Schedule 6 — Minor and consequential amendments

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paragraph (4) there is inserted—

                           “(4A)                  Sub-paragraph (4) above does not apply to a calculation made by

the National Assembly for Wales for a financial year beginning in

or after 2004.

                           (4B)                  A calculation made by the Assembly under this paragraph for a

5

financial year beginning in or after 2004 is invalid unless one or

both of the following conditions is fulfilled—

                      (a)                     it is made after the Assembly has published the local

government finance report for the year or, where the

Assembly is publishing two local government finance

10

reports for the year, it is made after the Assembly has

published both of those reports;

                      (b)                     it is made on or after 1 March in the preceding financial

year.”

          (4)      In paragraph 9 (special authority’s non-domestic rating multiplier), in sub-

15

paragraph (4), in the definition of A, after “year” there is inserted “so far as

relating to England”.

          (5)      In paragraph 10 (substituted multiplier), for sub-paragraph (1) there is

substituted—

                           “(1)                  Where a special authority has set multipliers for a financial year

20

(whether originally or by way of substitute) it may set multipliers

in substitution if, and only if, they have been quashed.”

          (6)      In paragraphs 10(2) and 11(1), after “9” there is inserted “or 9A”.

  26      (1)      Schedule 8 (non-domestic rating: pooling) is amended as follows.

          (2)      In paragraph 2(2) (debits to the non-domestic rating account), in paragraph

25

(a), after “(14) below” there is inserted “, under regulations made for the

purpose mentioned in paragraph 4(7) below”.

          (3)      In paragraph 4(3) (contributions by special authorities), for paragraph (a)

there is substituted—

                           “(a)                                                          the authority’s non-domestic rating multiplier and

30

small business non-domestic rating multiplier for the

year were equal respectively to the non-domestic

rating multiplier and the small business non-

domestic rating multiplier for the year, so far as

relating to England, determined in accordance with

35

Part 1 of Schedule 7 above, and”.

  27       In Schedule 11 (valuation tribunals)—

              (a)             in paragraph 1 (power to make regulations for establishment of

tribunals), in sub-paragraph (2) (provision which the regulations

may include), for the words from “in relation to” to the end there is

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substituted—

                             “(a)                                                              so far as relating to England, in relation to

membership, procedure and other matters relating

to tribunals, except staff, accommodation and

equipment, and

45

                             (b)                                                              so far as relating to Wales, in relation to

membership, staff, accommodation, equipment,

procedure and other matters relating to tribunals.”;

 

 

 
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