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Local Government Bill


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

    71

 

        13               (1)                The Secretary of State may by regulations make provision about the

exercise of the powers under paragraph 12.

                       (2)                Regulations under sub-paragraph (1) may, in particular, require

schemes for the purposes of paragraph 12 (“voting rights

schemes”)—

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                    (a)                   to provide for permission to be given only by means of

approving a proposal by the committee concerned;

                    (b)                   to provide for a proposal for the purposes of the scheme (“a

scheme proposal”) to specify—

                           (i)                          the person to whom the proposal relates,

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                           (ii)                         the questions on which it is proposed he should be

entitled to vote, and

                           (iii)                        the proposed duration of his entitlement to vote,

                                          and to include such other provision about the form and

content of such a proposal as the regulations may provide;

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                    (c)                   to provide for a scheme proposal to be made only in

accordance with a published statement of the policy of the

committee concerned about the making of such proposals;

                    (d)                   to include such provision about the procedure to be followed

in relation to the approval of scheme proposals as the

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regulations may provide.

                       (3)                Regulations under sub-paragraph (1) may include provision for the

notification to the Secretary of State by local authorities of the

making, variation or revocation of voting rights schemes.

                       (4)                The Secretary of State may by direction require a local authority to

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vary a voting rights scheme.

        14               (1)                A local authority which makes a scheme for the purposes of

paragraph 12 shall, while the scheme is in force, make copies of it

available at its principal office at all reasonable hours for inspection

by members of the public.

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                       (2)                                If a local authority makes a scheme for the purposes of paragraph 12,

or varies or revokes such a scheme, it must as soon as reasonably

practicable after doing so publish in one or more newspapers

circulating in its area a notice which complies with this paragraph.

                       (3)                In the case of the making of a scheme, the notice under sub-

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paragraph (2) shall—

                    (a)                   record the making of the scheme,

                    (b)                   describe what it does,

                    (c)                   state that copies of it are available for inspection at the

principal office of the local authority, and

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                    (d)                   specify—

                           (i)                          the address of that office, and

                           (ii)                         the times when the scheme is available for inspection

there.

                       (4)                In the case of the variation of a scheme, the notice under sub-

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paragraph (2) shall—

                    (a)                   record the variation,

                    (b)                   describe what it does,

 

 

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

    72

 

                    (c)                   state that copies of the scheme as varied are available for

inspection at the principal office of the local authority, and

                    (d)                   specify—

                           (i)                          the address of that office, and

                           (ii)                         the times when the scheme is available for inspection

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there.

                       (5)                In the case of the revocation of a scheme, the notice under sub-

paragraph (2) shall record the revocation.”

 115   Local polls

     (1)    A local authority may conduct a poll to ascertain the views of those polled

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about—

           (a)           any matter relating to—

                  (i)                 services provided in pursuance of the authority’s functions, or

                  (ii)                the authority’s expenditure on such services, or

           (b)           any other matter if it is one relating to the authority’s power under

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section 2 of the Local Government Act 2000 (c. 22) (authority’s power

to promote well-being of its area).

     (2)    It shall be for the local authority concerned to decide—

           (a)           who is to be polled, and

           (b)           how the poll is to be conducted.

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     (3)           In conducting a poll under this section, a local authority must have regard to

any guidance issued by the appropriate person on facilitating participation in

a poll under this section by such of those polled as are disabled people.

     (4)    This section is without prejudice to any powers of a local authority exercisable

otherwise than by virtue of this section.

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     (5)    In this section, “local authority” means—

           (a)           in relation to England—

                  (i)                 a county council;

                  (ii)                a district council;

                  (iii)               a London borough council;

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                  (iv)                the Greater London Authority;

                  (v)                 the Common Council of the City of London in its capacity as a

local authority;

                  (vi)                the Council of the Isles of Scilly, and

           (b)           in relation to Wales, a county council or a county borough council.

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 116   Generally accepted accounting practice: power to amend enactments

     (1)    The appropriate person may by order amend or repeal an enactment relating

to a local authority if he considers it appropriate to do so in the light of

generally accepted accounting practice as it applies to local government.

     (2)    It does not matter for the purposes of subsection (1) whether the enactment

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itself relates to the accounts of a local authority.

 

 

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

    73

 

     (3)    No order under this section shall be made by the Secretary of State unless a

draft of the statutory instrument containing the order has been laid before, and

approved by a resolution of, each House of Parliament.

     (4)    In this section—

                    “enactment” includes an enactment contained in this Act or any Act

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passed after this Act;

                    “local authority” means—

                  (a)                 a body which is a local authority for the purposes of Part 1, or

                  (b)                 a parish council, a community council or charter trustees.

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

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     (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),

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

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     (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

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

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local authority.

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

which section 117 of the Local Government Act 2003 comes into force

is £5.00.

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

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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

preceding the year concerned.

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                       (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-

paragraph (5) below applies.

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                       (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

figure which the Secretary of State calculates would have been the

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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.

 

 

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

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

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

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

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

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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.”

 118   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.

 

 

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

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

           (a)           functions under Part 4 of the Environmental Protection Act 1990 (c. 43)

(litter etc.),

           (b)           functions under the Dogs (Fouling of Land) Act 1996 (c. 20), and

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

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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

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

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

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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

receipts—

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                  (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;

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

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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.

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

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consult—

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

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

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

The following provisions cease to have effect—

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           (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)

(approval by Secretary of State of establishment scheme for fire

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

authority).

 120   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.

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

    76

 

Chapter 2

General

 121   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

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           (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

different provision for different local authorities or descriptions of local

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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 126.

 122   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;

 

 

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

    77

 

                      “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;

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

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

 123   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.

 124   Financial provisions

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     (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

so provided under any other enactment.

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     (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

other enactment.

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 125   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.

     (3)    The Secretary of State may by order make provision consequential on this Act

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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.

 126   Commencement

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

passed—

           (a)           this section and sections 30, 34, 35, 71, 102, 103, 113, 119, 121, 122 and

127;

           (b)           paragraphs 7, 9(1), 24(1), (2) and (5), 25(1), 28, 33(1), 34, 35, 40, 51(1), 55

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and 60 of Schedule 6, and section 125(1) so far as relating thereto;

           (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, and

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