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Local Government Bill


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

    78

 

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

Finance Act 1992 (c. 14),

                         and section 125(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 38 and 39, so far as relating to England;

           (c)           Part 6, except sections 74(2) to (5) and 82;

           (d)           sections 86, 87, 90, 92 to 97, 112, 115 and 120;

           (e)           paragraphs 41 to 48, 49(a), 50(a), 52 to 54 and 79 of Schedule 6, and

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section 125(1) so 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),

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

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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),

                  (vi)                paragraph 5 of Schedule 1 to the Education Act 1996 (c. 56),

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                  (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

                  (ix)                section 104 of the Local Government Act 2000 (c. 22),

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                         and section 125(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 62(2) and (11), 64, 69(4) to (6), 82, 91(1), 98, 99(1), (2) and (4) to

(8), 104 to 107, 108(3) and (4), 109 to 111, 114 and 123;

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           (b)           section 100, 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 108(1), so far as relating to registered social landlords for which

the Housing Corporation is the Relevant Authority for the purposes of

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

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           (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, 65, 67 to 76 and 78 of Schedule 6, and section 125(1) so far as

relating thereto;

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

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in paragraphs (a) to (e), and section 125(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 38 and 39, so far as relating to Wales;

           (b)           sections 40, 61(6) and (7), 63, 69(7) to (9), 74(2) to (5) and 91(2);

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           (c)           section 100, so far as relating to a best value authority in Wales, other

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

 

 

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

    79

 

           (d)           section 108(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

Housing Act 1996 (c. 52), and section 108(2);

           (e)           Schedule 2;

           (f)           paragraphs 5, 9(2), 12 to 17, 22, 24(4), 25(2) and (3), 49(b), 50(b), 51(2), 56

5

to 58, 66 and 77 of Schedule 6, and section 125(1) so far as relating

thereto;

           (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

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Government (Wales) Act 1994 (c. 19), or

                  (ii)                consequential on any of the provisions mentioned in

paragraphs (a) to (f),

                         and section 125(2) so far as relating thereto.

     (5)    So far as relating to Scotland, sections 100 and 101 shall come into force on such

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day as the Scottish Ministers may by order appoint.

     (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

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National Assembly for Wales may by order appoint.

     (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

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force of that provision such transitional provision or saving as the person

considers necessary or expedient.

 127   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

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only.

     (3)    Sections 82(2), 100 and 101 extend also to Scotland.

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

Gibraltar—

           (a)           sections 102, 103 and 126,

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           (b)           this section, and

           (c)           paragraph 7(2) of Schedule 6, and section 125(1) so far as relating

thereto.

     (5)    Section 113 extends also—

           (a)           to Scotland, but only so far as (within the meaning of the Scotland Act

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1998 (c. 46)) it confers or removes functions exercisable otherwise than

in or as regards Scotland, and

           (b)           to Northern Ireland.

 

 

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

    80

 

     (6)    Each of sections 121 and 122, 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

it relates.

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     (8)    Subsection (7) does not apply to—

           (a)           sections 84, 112(3), 113 and 119(a),

           (b)           paragraphs 8 and 53 of Schedule 6, and

           (c)           the entries in Schedule 7 relating to—

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

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                  (ii)                section 7(1) of the Fire Services Act 1959 (c. 44), and

                  (iii)               section 33 of the Local Government Act 1988 (c. 9).                    

 

 

Local Government Bill
Schedule 1 — Capital finance: parish and community councils and charter trustees

 81

 

Schedules

Schedule 1

Section 19

 

Capital finance: parish and community councils and charter trustees

Introductory

  1        The following are local authorities for the purposes of this Schedule—

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              (a)             a parish council;

              (b)             a community council;

              (c)             charter trustees.

Borrowing

  2       (1)      Subject to sub-paragraph (2), a local authority may borrow money—

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              (a)             for any purpose relevant to its functions under any enactment, or

              (b)             for the purposes of the prudent management of its financial affairs.

          (2)      A local authority may only borrow money (whether under sub-paragraph

(1) or otherwise)—

              (a)             for a purpose or class of purpose approved for the purposes of this

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provision by the appropriate person, and

              (b)             in accordance with any conditions subject to which the approval is

given.

          (3)      Sub-paragraph (2) does not apply—

              (a)             to borrowing by way of temporary loan or overdraft from a bank or

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otherwise of sums which a local authority may temporarily

require—

                    (i)                   for the purpose of meeting expenses pending the receipt of

revenues receivable by it in respect of the period of account

in which the expenses are chargeable, or

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                    (ii)                  for the purpose of meeting expenses intended to be met by

means of borrowing in accordance with approval under sub-

paragraph (2), or

              (b)             to borrowing for the purpose of repaying money borrowed in

accordance with approval under sub-paragraph (2), where the new

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borrowing takes place during the fixed period relating to the existing

borrowing.

          (4)      A local authority’s functions under this paragraph shall be discharged only

by the authority.

  3       (1)      Where a local authority meets any expenditure by borrowing, it shall in each

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financial year debit the appropriate amount to the account from which that

expenditure would otherwise fall to be met; but that duty shall not prevent

the authority debiting a larger amount to that account.

 

 

Local Government Bill
Schedule 2 — Welsh local government finance reports

    82

 

          (2)      The appropriate amount for the purposes of sub-paragraph (1) is a sum

equivalent to an instalment of principal and interest combined such that if

paid annually it would secure the payment of interest at the due rate on the

outstanding principal together with the repayment of the principal not later

than the end of the fixed period.

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          (3)      Sub-paragraph (1) has effect subject to sub-paragraph (4) if—

              (a)             a local authority makes an advance to any other person and the

expenditure incurred in making the advance is met by borrowing,

and

              (b)             the terms of that advance are such that repayment is to be made

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otherwise than by equal instalments of principal and interest

combined.

          (4)      The local authority may debit to the account from which the expenditure

met by the borrowing would otherwise fall to be met sums of different

amounts (whether or not including instalments of principal) in respect of

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different financial years in order to take account of the terms on which its

advance falls to be repaid.

Loans

  4       (1)      A local authority may lend to a qualifying local government body, on such

terms as they may agree, such sums as the body may require for any purpose

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for which it is authorised by or under any enactment to borrow money.

          (2)      In sub-paragraph (1), “qualifying local government body” means a body

with local government functions which is specified for the purposes of this

paragraph by regulations made by the appropriate person.

“Fixed period”

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  5        In this Schedule, references to the fixed period, in relation to borrowing by a

local authority, are to the period within which the money borrowed is to be

repaid as determined by the local authority with the consent of the

appropriate person.

Schedule 2

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Section 40

 

Welsh local government finance reports

  1        In Part 5 of the Local Government Finance Act 1988 (c. 41) (grants), after

section 84C there is inserted—

“Chapter 3

Revenue support grant: wales

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       84D            Application of Chapter 3

This Chapter applies only in relation to Wales.

 

 

 
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