Sudan - Sugar Rehabilitation Project : Credit 1506 - Project Agreement - 2 - Conformed
A local authority may borrow money—
for any purpose relevant to its functions under any enactment, or
for the purposes of the prudent management of its financial affairs.
A local authority may not borrow money if doing so would result in a breach of—
the limit for the time being determined by or for it under section 3, or
any limit for the time being applicable to it under section 4 , or
any limit for the time being applicable to it under section 12A.
The Secretary of State may, in relation to specific borrowing by a particular local authority, by direction disapply subsection (1)(b), so far as relating to any limit for the time being applicable under section 4(1).
A local authority may not, without the consent of the Treasury, borrow otherwise than in sterling.
This section applies to borrowing under any power for the time being available to a local authority under any enactment, whenever passed.
A local authority shall determine and keep under review how much money it can afford to borrow.
In the case of the following authorities, namely— the Mayor shall determine and keep under review how much money the authority can afford to borrow.
the Greater London Authority, and
a functional body,
Before making any determination under subsection (2), the Mayor shall consult the London Assembly.
Before making a determination under subsection (2) for a functional body, the Mayor shall consult that body.
The Secretary of State may by regulations make provision about the performance of the duty under subsection (1) or (2).
Regulations under subsection (5) may, in particular—
make provision about—
when a determination under subsection (1) or (2) is to be made,
how such a determination is to be made, and
the period for which such a determination is to be made;
make provision about the monitoring of an amount determined under subsection (1) or (2);
make provision about factors to which regard may be had in making a determination under subsection (1) or (2) or in monitoring an amount determined under that subsection.
Regulations under subsection (5) may include provision requiring a person making a determination under subsection (1) or (2) to have regard to one or more specified codes of practice, whether issued by the Secretary of State or another.
A local authority’s function under subsection (1) shall be discharged only by the authority.
Section 38(1) of the Greater London Authority Act 1999 (c. 29) (delegation by Mayor) does not apply in relation to functions under subsection (2).
The power under subsection (7) is not to be read as limited to the specification of an existing document.
In this section—
the Strathclyde Passenger Transport Authority, or
the Common Council of the City of London in its capacity as a police authority,
a National Park authority for a National Park in Wales;
In section 71(3) of the Deregulation and Contracting Out Act 1994 (certain functions not excluded by section 71(1)(c)), after paragraph (e) there is inserted—
in relation to Wales, the Welsh Ministers;
The validity of any proceedings of the Service shall not be affected by a vacancy amongst the members or by a defect in the appointment of a member.
The Secretary of State may pay grants and make loans to the Service. The Service shall not otherwise borrow money except with the consent of the Secretary of State.
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), the following entry is inserted at the appropriate place— “ The Valuation Tribunal Service. ”
The Service is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown. The property of the Service is not to be regarded as property of, or property held on behalf of, the Crown.
The Local Government (Wales) Act 1994 is amended as follows.
The Justices of the Peace Act 1997 is amended as follows.
Sections 45A and 45B of the School Standards and Framework Act 1998 (which provide for the setting of a local education authority’s schools budget) are amended in accordance with sub-paragraphs (3) to (6). In sections 41 and 42 of the Education Act 2002, the sections 45A and 45B inserted into the School Standards and Framework Act 1998 are amended in accordance with those sub-paragraphs. In section 45A(5) (authority to set, and give notice of, its schools budget before the end of January), for “end of January” there is substituted “schools budget deadline”. In section 45A, after subsection (5) there is inserted— In section 45B(1) (appropriate person may serve counter-notice within period of fourteen days beginning with giving of notice), for “day on which the notice was given” there is substituted “schools budget deadline in the financial year preceding that financial year”. In section 45B(2) (power of appropriate person to act where authority has not given notice under section 45A(5) by the end of January)—
The Service shall comply with any notice given by the Secretary of State with the approval of the Treasury requiring it to perform duties of a financial nature specified in the notice.
In section 51 (control of disposals and contracts), in subsection (2), in the definition of “capital contract”, for “for capital purposes” there is substituted “which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)”.
In section 67 (justices not disqualified by reason of liability to local taxation)—
after paragraph (a) there is inserted—, and
for “any charge, tax or rate falling within paragraphs (b)” there is substituted “any levy, charge, tax or rate falling within paragraphs (aa)”.
The Service shall— The statement of accounts shall comply with any requirement which the Secretary of State has, with the approval of the Treasury, notified to the Service. The Service shall send each statement of accounts of the Service to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which it relates as the Secretary of State may specify by notice given to the Service. The Comptroller and Auditor General shall— For the purpose of exercising his examination function in relation to a statement of accounts, the Comptroller and Auditor General— The right of access to documents conferred by sub-paragraph (5)(a) includes a right to take copies of or make extracts from documents. A reference in sub-paragraphs (5) and (6) to documents includes a reference to information recorded in any form; and in the case of information recorded otherwise than in a legible form the right of access conferred by sub-paragraph (5)(a) includes a right of access to, and to take copies of, that information in a legible form.
Section 63 (regulations, orders and directions) is amended as follows. In subsection (1) (regulations and orders to be made by statutory instrument), after “Secretary of State” there is inserted “, the National Assembly for Wales”. In subsection (2) (parliamentary procedure), after “other than one made” there is inserted “by the Assembly or”. In subsection (5)(a) (power to make supplemental etc. provision), for “Secretary of State or (as the case may be) the Lord Chancellor” there is substituted “person making the regulations or order”.
“capital expenditure” means expenditure which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);
“enactment” includes an enactment contained in a local or private Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));
in relation to England, the Secretary of State, and
Subject to the provisions of this Schedule, a member of the Service shall hold and vacate office in accordance with the terms of his appointment. The person who is for the time being President of the Tribunal shall hold office as a member of the Service for as long as he remains President of the Tribunal. A person other than the President of the Tribunal shall not be appointed as a member of the Service for more than three years. A person may at any time resign his office as a member of the Service by notice in writing to the Secretary of State. A person appointed as chairman or deputy chairman of the Service—
In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3 there is inserted at the appropriate place— “ Valuation Tribunal Service. ”
The Valuation Tribunal Service.
In this Schedule—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“capital asset” has the meaning given by section 9;
The coming into force of section 120 shall not affect the descriptions of person in relation to whom section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) applies in an area in which that section is already in force.
This paragraph applies where, immediately before section 15 of the Local Government (Miscellaneous Provisions) Act 1982 comes into force in an authority’s area in relation to persons carrying on the business of cosmetic piercing— From the coming into force of that section in that area in relation to persons carrying on the business of cosmetic piercing, the registrations of the person and the premises in respect of ear-piercing shall have effect as registrations in respect of cosmetic piercing, subject to sub-paragraph (3). Sub-paragraph (2) ceases to apply when the business of cosmetic piercing carried on by the person at the premises subsequently first involves cosmetic piercing other than ear-piercing.
In section 2 of the Public Works Loans Act 1965 (local loans)—
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
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”.
Schedule 4 to the Local Government Act 1974 (the Commissions for Local Administration in England and in Wales) is amended as follows. In paragraph 6 (each Commission deemed a specified body for purposes of determining revenue support grant)— there is substituted “the Commission for Local Administration in England”. For paragraph 6(5) (which is no longer of practical utility) there is substituted— In paragraph 8 (making of assumptions where a Commission fails to submit expenses estimate), for “a Commission” there is substituted “the Commission for Local Administration in England”. After paragraph 8 there is inserted— This paragraph applies in relation to the financial year beginning on 1st April 2004 and subsequent financial years.
Section 33 of the Local Government Act 1988 (restrictions on contracts with local authority companies) ceases to have effect.
A person shall cease to be a member of the Service if— The Secretary of State may remove a person from office as a member of the Service if satisfied that he is unable or unfit to carry out his functions as such.
A person who ceases (otherwise than by virtue of paragraph 4(1)(a) or (c)) to be the chairman or deputy chairman of the Service or to be a member of the Service shall be eligible for re-appointment.
In section 6 of the Fire Services Act 1947 (power of the Secretary of State to make combination schemes), after subsection (1) there is inserted—
In section 137(3) of the Local Government Act 1972 (which permits local authorities to make contributions to certain charitable and other funds), after “subject” there is inserted “, in the case of a parish or community council,”.
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)— The following shall extend to Gibraltar—
who is independent of the local authority and the Secretary of State, and
The Local Government and Housing Act 1989 is amended as follows.
In Schedule 1 to the National Assembly for Wales (Transfer of Functions Order) 1999, in the entry relating to the Local Government and Housing Act 1989 (c. 42), the sentence relating to section 80 of that Act is omitted.
Part 4 (revenue accounts and capital finance of local authorities) ceases to have effect.
Section 70 (requirements for companies under control or subject to influence of local authorities) is amended as follows. In subsection (2), for “the provisions for the time being made by order under subsection (1) above” there is substituted “any provisions made by order under subsection (1) above which are for the time being applicable to it”. In subsection (3)— In subsection (4), for the words from “every” to “prescribed” there is substituted “a local authority to comply with any requirements for the time being applicable to it”.
For the second sentence of section 80A(4) (overpaid Housing Revenue Account subsidy may be recovered by withholding or reducing subsidy) there is substituted—
In section 88(1)(d) (construction of references in Part 6 to “proper practices”), for “section 66(4) above” there is substituted “section 21 of the Local Government Act 2003”.
Schedule 4 (keeping of the Housing Revenue Account) is amended as follows. In Part 1 (credits to the Account), item 5 (housing benefit transfers) is omitted. In that Part, for item 9 (sums directed by Secretary of State) there is substituted— In Part 2 (debits to the Account), item 4 (rent rebates) is omitted. In that Part, after item 9 there is inserted—
the London Development Agency;
The Secretary of State may for national economic reasons by regulations set limits in relation to the borrowing of money by local authorities.
The Secretary of State may by direction set limits in relation to the borrowing of money by a particular local authority for the purpose of ensuring that the authority does not borrow more than it can afford.
Different limits may be set under subsection (1) or (2) in relation to different kinds of borrowing.
A local authority subject to a limit set under subsection (1) may transfer any headroom it has in relation to the limit to another local authority subject to a corresponding limit.
The Secretary of State may by regulations make provision about the exercise of the right under subsection (4) and may, in particular, make provision about—
the circumstances in which a local authority is to be regarded as having headroom for the purposes of that subsection, and
the amount of headroom which it has for those purposes.
Where an amount is transferred under subsection (4), this Chapter shall have effect—
in relation to the transferor, as if the limit in relation to which the headroom exists were reduced by that amount, and
in relation to the transferee, as if the corresponding limit to which it is subject were increased by that amount.
Subject to subsection (2), any limit for the time being determined by or for a local authority under section 3, or applicable to it under section 4 or 12A, shall be treated for the purposes of this Chapter as increased by the amount of any payment which—
is due to the authority in the period to which the limit relates, but
has not yet been received by it.
In the case of a limit determined under section 3, or set under section 4(2) or 12A, subsection (1) shall not apply to any payment whose delayed receipt was taken into account in arriving at the limit.
A person lending money to a local authority shall not be bound to enquire whether the authority has power to borrow the money and shall not be prejudiced by the absence of any such power.
For the purposes of this Chapter, a local authority shall be taken to have entered into a credit arrangement where—
it enters into a transaction which gives rise to a liability on its part, and
the liability is a qualifying liability.
A transaction entered into by a local authority is to be taken for the purposes of subsection (1) as giving rise to a liability on the part of the authority if—
it falls in accordance with proper practices to be treated for the purposes of the authority’s accounts as giving rise to such a liability, or
it falls in accordance with regulations made by the Secretary of State to be treated as falling within paragraph (a).
The reference in subsection (1)(b) to a qualifying liability is to any liability other than—
a liability to repay money,
a liability in respect of which the date for performance is less than 12 months after the date on which the transaction giving rise to the liability is entered into, and
a liability of a description specified for the purposes of this provision by regulations made by the Secretary of State.
A local authority may not enter into, or vary, a credit arrangement if doing so would result in a breach of—
the limit for the time being determined by or for it under section 3, or
any limit for the time being applicable to it under section 4 , or
any limit for the time being applicable to it under section 12A.
In applying those limits for the purposes of subsection (1)—
entry into a credit arrangement shall be treated as the borrowing of an amount of money equal to the cost of the arrangement, and
variation of a credit arrangement shall be treated as the borrowing of an amount of money equal to the cost of the variation.
The Secretary of State may by regulations make provision about the calculation for the purposes of subsection (2) of the cost of a credit arrangement or a variation and may, in particular, make provision about the treatment of options.
Subject to subsection (3), references in this Chapter to a capital receipt, in relation to a local authority, are to a sum received by the authority in respect of the disposal by it of an interest in a capital asset.
An asset is a capital asset for the purposes of subsection (1) if, at the time of the disposal, expenditure on the acquisition of the asset would be capital expenditure.
The Secretary of State may by regulations—
make provision for the whole of a sum received by a local authority in respect of the disposal by it of an interest in a capital asset, or such part of such a sum as may be determined under the regulations, to be treated as not being a capital receipt for the purposes of this Chapter;
make provision for the whole of a sum received by a local authority otherwise than in respect of the disposal by it of an interest in a capital asset, or such part of such a sum as may be determined under the regulations, to be treated as being a capital receipt for the purposes of this Chapter.
Where a sum becomes payable to a local authority before it is actually received by the authority, it shall be treated for the purposes of this section as received by the authority when it becomes payable to it.
The Secretary of State may by regulations apply section 9 to cases where—
a local authority makes a disposal of the kind mentioned in subsection (1) of that section and the consideration for the disposal does not consist wholly of money payable to the authority, or
a local authority receives otherwise than in the form of money anything which, if received in that form, would be a capital receipt under that section.
Regulations under subsection (1) may, in particular—
make provision for a local authority to be treated as receiving a sum of such an amount as may be determined under the regulations;
make provision about when the deemed receipt is to be treated as taking place.
The Secretary of State may by regulations make provision about the use of capital receipts by a local authority.
Regulations under subsection (1) may, in particular—
make provision requiring an amount equal to the whole or any part of a capital receipt to be used only to meet—
capital expenditure, or
debts or other liabilities;
make provision requiring an amount equal to the whole or any part of a capital receipt to be paid to the Secretary of State.
The power under subsection (1), so far as relating to provision of the kind mentioned in subsection (2)(b), shall only apply to receipts which a local authority derives from the disposal of an interest in housing land.
The reference in subsection (3) to housing land is to any land, house or other building in relation to which the local authority is, or has been, subject to the duty under section 74 of the Local Government and Housing Act 1989 (c. 42) (duty to keep Housing Revenue Account).
Regulations under subsection (1) may include provision authorising the Secretary of State to set off any amount which an authority in Wales is liable to pay to him under this section against any amount which he is liable to pay to it.
Where the Secretary of State is liable to repay an amount that has been overpaid by a local housing authority in England under this section, the Secretary of State may set off against the amount of the repayment any amount that the authority is liable to pay the Secretary of State under—
this section, or
section 69 of the Housing and Planning Act 2016 (payments in respect of vacant higher value housing).
The Secretary of State and a local authority in England may enter into an agreement with the effect that a requirement imposed under subsection (2)(b) does not apply to, or is modified in its application to, capital receipts of the authority that are specified or described in the agreement.
A local authority may invest— This is subject to a direction under section 12A (risk-mitigation directions).
for any purpose relevant to its functions under any enactment, or
for the purposes of the prudent management of its financial affairs.
Except as provided by subsection (3), a local authority may not mortgage or charge any of its property as security for money which it has borrowed or which it otherwise owes.
Security given in breach of subsection (1) shall be unenforceable.
All money borrowed by a local authority (whether before or after the coming into force of this section), together with any interest on the money borrowed, shall be charged indifferently on all the revenues of the authority.
All securities created by a local authority shall rank equally without any priority.
The High Court may appoint a receiver on application by a person entitled to principal or interest due in respect of any borrowing by a local authority if the amount due remains unpaid for a period of two months after demand in writing.
The High Court may appoint a receiver under subsection (5) on such terms, and confer on him such powers, as it thinks fit.
The High Court may confer on a receiver appointed under subsection (5) any powers which the local authority has in relation to—
collecting, receiving or recovering the revenues of the local authority,
issuing levies or precepts, or
setting, collecting or recovering council tax.
No application under subsection (5) may be made unless the sum due in respect of the borrowing concerned amounts to not less than £10,000.
The Secretary of State may by order substitute a different sum for the one for the time being specified in subsection (8).
A local authority shall supply the Secretary of State with such information relating to any of the matters dealt with in this Chapter, and at such time, as he may request.
The Secretary of State may give one or more risk-mitigation directions to a local authority in England, for the purpose of reducing or mitigating the financial risk to the authority, if—
a trigger event has occurred in relation to the local authority, and
the Secretary of State is satisfied that the direction is, or (as the case may be) directions are, appropriate and proportionate to the level of that financial risk.
A “trigger event” occurs if (and when)—
a risk threshold is breached by the local authority (see section 12B);
a report is made by the chief finance officer of the local authority under section 114(3) of the Local Government Finance Act 1988 (report to effect that authority’s expenditure is likely to exceed available resources); or
the Secretary of State— for the purpose of preventing circumstances arising that would require such a report to be made.
gives a direction under section 16(2)(b) (request for expenditure to be, or not be, treated as capital) in respect of the local authority, or
makes a grant to the local authority under an enactment,
The following are “risk-mitigation directions”—
a direction that sets limits in relation to the borrowing of money by the local authority;
a direction that requires the local authority to take action specified in the direction.
A direction under subsection (3)(a)—
may set different limits in relation to different kinds of borrowing;
must specify the period for which any limit has effect.
A direction under subsection (3)(b)—
may (amongst other things) require the local authority to take action to divest itself of a specified asset;
must specify the time by which any specified action must be taken.
In deciding whether or not to exercise a power to give a direction under this section, the Secretary of State must have regard to—
the likely impact of the direction on the provision of services to the public by or on behalf of the local authority;
the duty imposed on the local authority by section 3(1) of the Local Government Act 1999 (best value duty).
In deciding whether or not to exercise a power to give a direction under this section, the Secretary of State may, in particular, take account of the likely impact of that decision on the implementation of any central government policy, project or programme.
The Secretary of State may not give a risk-mitigation direction unless the Secretary of State—
has given the local authority notice of the proposed direction, and of the right of the local authority to make written representations to the Secretary of State about it within the period specified in the notice, and
has considered any representations made by the local authority to the Secretary of State within that period.
In this section, “financial risk”, in relation to a local authority, means the risk that the expenditure of the local authority (including expenditure it proposes to incur) in the current or any future financial year is likely to exceed, or further exceed, the resources (including sums borrowed) available to it to meet that expenditure.
This section is subject to section 12C (restriction of power to give risk-mitigation directions).
For the purposes of section 12A(2)(a), a risk threshold is breached by a local authority in England if (and when) a capital risk metric for the local authority breaches the specified threshold for that metric.
Each of the following is a “capital risk metric”—
the total of a local authority’s debt (including credit arrangements) as compared to the financial resources at the disposal of the authority;
the proportion of the total of a local authority’s capital assets which is investments made, or held, wholly or mainly in order to generate financial return;
the proportion of the total of a local authority’s debt (including credit arrangements) in relation to which the counter-party is not central government or a local authority;
the amount of minimum revenue provision charged by a local authority to a revenue account for a financial year;
any other metric specified by regulations made by the Secretary of State.
The Secretary of State may, by regulations, make further provision—
specifying whether the specified threshold for a particular metric is breached by a failure to reach that threshold or by that threshold being exceeded;
about how the metrics specified in, or under, subsection (2) are to be calculated for the purpose of determining whether the specified threshold for that metric has been breached.
Before making regulations under subsection (2)(e), the Secretary of State must consult all local authorities in England.
In this section—
Regulations may require a specified threshold to be determined having regard to guidance issued under section 21(1A) (accounting practices).
If, after the power to give risk-mitigation directions becomes exercisable under section 12A(1) in relation to a local authority— the Secretary of State must give the local authority a notice to that effect (“a cessation notice”).
at least 12 months have elapsed since the Secretary of State last became aware of a trigger event having occurred in relation to the authority,
any risk-mitigation direction given to the authority has been complied with or revoked, and
the Secretary of State is satisfied no further risk-mitigation direction is likely to be required in the foreseeable future for the purpose of reducing or mitigating the financial risk to the authority,
Where a cessation notice is given, the power conferred by section 12A(1) is no longer exercisable, in relation to that authority, by reason of any trigger event of which the Secretary of State was aware at the time that notice was given.
In this section “risk-mitigation direction”, “trigger event” and “financial risk” have the same meaning as in section 12A.
This section applies where—
a trigger event has occurred in relation to a local authority in England,
section 12C (2) does not apply to prevent the power conferred by section 12A(1) being exercisable, in relation to that authority, by reason of that event, and
the Secretary of State has appointed an independent expert to review the level of the financial risk to the local authority.
The local authority must, so far as reasonably practicable, co-operate with the independent expert in any way that the independent expert considers necessary or expedient for the purposes of the conduct of the review.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In carrying out its functions under this Chapter, a local authority shall have regard—
to such guidance as the Secretary of State may issue, and
to such other guidance as the Secretary of State may by regulations specify for the purposes of this provision.
The power under subsection (1)(b) is not to be read as limited to the specification of existing guidance.
Subject to subsection (2), references in this Chapter to capital expenditure, in relation to a local authority, are to expenditure of the authority which falls to be capitalised in accordance with proper practices.
The Secretary of State may—
by regulations provide that expenditure of local authorities shall be treated for the purposes of this Chapter as being, or as not being, capital expenditure;
by direction provide that expenditure of a particular local authority shall be treated for the purposes of this Chapter as being, or as not being, capital expenditure.
For the purposes of this Chapter—
borrowing of money by a local authority for the purposes of an external fund shall be treated as not being borrowing by the authority;
the temporary use by a local authority of money forming part of an external fund, if not for a purpose of the fund, shall be treated as borrowing by the authority;
entry into a credit arrangement by a local authority for the purposes of an external fund shall be treated as not being entry into a credit arrangement by the authority;
a disposal by a local authority of— shall be treated as not being a disposal by the authority;
an interest in an asset which, at the time of the disposal, is an asset of an external fund, or
an investment held for the purposes of such a fund,
the making of an investment by a local authority for the purposes of an external fund shall be treated as not being the making of an investment by the authority;
expenditure incurred by a local authority in respect of payments out of an external fund shall be treated as not being expenditure of the authority.
In this section, references to an external fund, in relation to a local authority, are to—
a superannuation fund which the authority is required to keep by virtue of the Superannuation Act 1972 (c. 11), or
a trust fund of which the authority is a trustee.
The Secretary of State may, for the purposes of this Chapter, by regulations make provision for things done by or to a body mentioned in subsection (2) to be treated, in such cases and to such extent as the regulations may provide, as done by or to a local authority specified in, or determined in accordance with, the regulations.
Those bodies are—
a Passenger Transport Executive,
a company which, in accordance with Part 5 of the Local Government and Housing Act 1989 (c. 42) (companies in which local authorities have interests), is under the control, or for the time being subject to the influence, of a local authority or a Passenger Transport Executive, and
a trust to which the provisions of section 69 of that Act (companies subject to local authority influence) are applicable because of an order under section 72 of that Act (trusts influenced by local authorities).
A local authority to which regulations under this section apply and any body or bodies falling within subsection (2)(a) or (b) with which the regulations link the authority are referred to in this section as the members of a local authority group.
Regulations under this section may include—
provision for the application of any of the provisions of this Chapter to members of a local authority group subject to such modifications as the regulations may specify;
provision as to the way in which— are to be brought into account for the purposes of this Chapter.
dealings between members of a local authority group, or
changes in the capitalisation or capital structure of a company in a local authority group,
In sections 2(3) and (4), 6, 9 to 12, 13, 15, 16, 17(1)(a), (b) and (d) to (f) and (2) and 18, references to a local authority include a parish council, a community council and charter trustees.
Schedule 1 (which makes provision about capital finance in relation to parish and community councils and charter trustees) has effect.
The appropriate person may by regulations—
apply any of the other provisions of this Chapter to parish or community councils or charter trustees, or parish or community councils or charter trustees of any description, with or without modifications, and
make any corresponding disapplication of any of the provisions of Schedule 1.
Directions under this Chapter shall be in writing.
Directions under this Chapter may be expressed to have effect in specified circumstances or subject to specified conditions.
Any power to give a direction under this Chapter includes power to give a direction varying or revoking a previous direction given in exercise of the power.
The Secretary of State may by regulations make provision about the accounting practices to be followed by a local authority, in particular with respect to the charging of expenditure to a revenue account.
In any enactment to which this subsection applies, reference to proper practices, in relation to accounts of a local authority, is to those accounting practices—
which the authority is required to follow by virtue of any enactment, or
which are contained in a code of practice or other document which is identified for the purposes of this provision by regulations made by the Secretary of State.
The Secretary of State may issue guidance about the accounting practices to be followed by a local authority, in particular with respect to the charging of expenditure to a revenue account.
In the event of conflict between practices falling within paragraph (a) of subsection (2) and practices falling within paragraph (b) of that subsection, only those falling within paragraph (a) are to be regarded as proper practices.
A local authority must have regard to any guidance issued to it under subsection (1A).
Subsections (2) and (3) apply to any enactment contained in—
this Act,
any Act passed after or in the same Session as this Act,
the Local Government and Housing Act 1989 (c. 42),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Local Government Finance Act 1992 (c. 14),
subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) whenever made.
the Greater London Authority Act 1999 (c. 29), and
The power under subsection (2)(b) is not to be read as limited to the identification of an existing document.
In this section, “local authority” includes—
a parish council,
a parish meeting of a parish which does not have a separate parish council,
a community council,
a Passenger Transport Executive,
the London Waste and Recycling Board,
charter trustees (within the meaning of the Local Audit and Accountability Act 2014),
a port health authority for a port health district that is wholly in England,
a conservation board established by order of the Secretary of State under section 86 of the Countryside and Rights of Way Act 2000,
a chief constable for a police force for a police area in England,
the Commissioner of Police of the Metropolis,
an internal drainage board for an internal drainage district—
wholly in England, or
partly in England and partly in Wales, and
any other person or body which for the time being is a relevant authority for the purposes of the Local Audit and Accountability Act 2014 and—
is not listed in paragraphs (a) to (k) or section 23(1),
is not a health service body (within the meaning of that Act),
is not specified in regulations under section 23(2), and
does not fall within a class of bodies so specified.
References to a revenue account, in relation to a local authority, are to one of the following accounts for a financial year of the authority—
a revenue account which the authority is required to keep by virtue of any enactment;
a revenue account which the authority is required to keep in order to comply with proper practices;
any other revenue account which the authority decides to keep in accordance with proper practices.
This section has effect for the purposes of—
the Local Government and Housing Act 1989 (c. 42),
any enactment passed after or in the same Session as that Act, and
any earlier enactment amended by that Act or an enactment falling within paragraph (b).
In this section, “local authority” includes—
a parish council,
a parish meeting of a parish which does not have a separate parish council,
a community council,
a Passenger Transport Executive,
the London Waste and Recycling Board,
charter trustees (within the meaning of the Local Audit and Accountability Act 2014),
a port health authority for a port health district that is wholly in England,
a conservation board established by order of the Secretary of State under section 86 of the Countryside and Rights of Way Act 2000,
a chief constable for a police force for a police area in England,
the Commissioner of Police of the Metropolis,
an internal drainage board for an internal drainage district—
wholly in England, or
partly in England and partly in Wales, and
any other person or body which for the time being is a relevant authority for the purposes of the Local Audit and Accountability Act 2014 and—
is not listed in paragraphs (a) to (k) or section 23(1),
is not a health service body (within the meaning of that Act),
is not specified in regulations under section 23(2), and
does not fall within a class of bodies so specified.
The following are local authorities for the purposes of this Part—
a county council;
a county borough council;
a district council;
the Greater London Authority;
a functional body, within the meaning of the Greater London Authority Act 1999 (c. 29);
a London borough council;
the Common Council of the City of London, in its capacity as a local authority, police authority or port health authority;
the Council of the Isles of Scilly;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an authority established under section 10 of the Local Government Act 1985 (c. 51) (waste disposal authorities);
a joint authority established by Part 4 of that Act (fire and rescue services and transport);
a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990 (c. 8);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
a police and crime commissioner;
any other body specified for the purposes of this subsection by regulations under subsection (2).
a fire and rescue authority created by an order under section 4A of that Act;
The Secretary of State may by regulations specify for the purposes of subsection (1) any body which is (or any class of bodies each of which is)—
a levying body, within the meaning of section 74 of the Local Government Finance Act 1988 (c. 41),
a body to which section 75 of that Act applies (bodies with power to issue special levies),
a body to which section 118 of that Act applies (other bodies with levying powers),
a local precepting authority as defined in section 69 of the Local Government Finance Act 1992 (c. 14).
Regulations under subsection (2) may provide for this Part to have effect, in relation to a body specified under that subsection, subject to exceptions or modifications.
This Part, other than sections 1 to 8, 12A to 12D, 13 and 17 (borrowing etc), applies in relation to an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 as it applies in relation to a local authority.
This Part applies in relation to a combined authority established under section 103 of that Act as it applies in relation to a local authority, except that—
the power conferred by section 1 on a mayoral combined authority is subject to the requirements in subsection (9A) to obtain consent from the Secretary of State, and
section 1 confers power on a non-mayoral combined authority to borrow money for a purpose relevant to its transport functions only or in relation to any other functions of the authority that are specified for the purposes of this subsection in regulations made by the Secretary of State.
A function of a combined authority may be specified in regulations under subsection (5) only with the consent of—
each county council the whole or any part of whose area is within the area of the authority,
each district council whose area is within the area of the authority, and
in the case of regulations in relation to an existing combined authority, the combined authority.
Subsection (6) is subject to section 106A of the Local Democracy, Economic Development and Construction Act 2009 (which enables regulations to be made without the consent of every authority within paragraphs (a) and (b) of that subsection in certain circumstances).
A reference in subsection (5) or (9A) to functions of the authority includes, in the case of a mayoral combined authority, mayoral functions.
This Part applies in relation to a combined county authority (a “CCA”) established under section 9(1) of the Levelling-up and Regeneration Act 2023 as it applies in relation to a local authority, except that—
the power conferred by section 1 on a mayoral CCA is subject to the requirements in subsection (9A) to obtain consent from the Secretary of State, and
section 1 confers power on a non-mayoral CCA to borrow money in relation only to functions of the CCA that are specified for the purposes of this subsection in regulations made by the Secretary of State.
A function of a CCA may be specified in regulations under subsection (8A) only with the consent of— In this subsection “unitary district council” means a district council whose area does not form part of the area of a county council.
each county council for an area within the CCA’s area or proposed area,
each unitary district council for an area within the CCA’s area or proposed area, and
in the case of regulations in relation to an existing CCA, the CCA.
A reference in subsection (8A) or (9A) to functions of the authority includes, in the case of a mayoral CCA, mayoral functions.
In subsection (8C)—
In subsection (8)—
These are the requirements to obtain consent from the Secretary of State which apply to the exercise of the power conferred by section 1 on a mayoral combined authority or mayoral CCA—
if the combined authority or CCA had the power to borrow under section 1 before the applicable commencement day, it does not need to obtain consent from the Secretary of State before any exercise of the power to borrow;
if the combined authority or CCA did not have the power to borrow under section 1 before the applicable commencement day—
it does not need to obtain consent from the Secretary of State before any exercise of the power to borrow money for a purpose relevant to its transport, police or fire and rescue functions;
it must obtain consent from the Secretary of State before the first exercise of the power to borrow money for a purpose relevant to a function other than its transport, police or fire and rescue functions;
once it has obtained consent in accordance with sub-paragraph (ii) (in relation to any kind of function), it does not need to obtain any further consent under that sub-paragraph (whether in relation to the same kind, or a different kind, of function).
In this section—
No regulations under subsection (5) or (8A) may be made unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
If a draft of a statutory instrument containing regulations under subsection (5) or (8A) would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
This Part applies in relation to a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 as it applies in relation to a local authority.
In its application to Wales, this Part, except section 19 and Schedule 1, has effect as if for any reference to the Secretary of State there were substituted a reference to the Welsh Ministers.
Subsection (1) does not apply to section 21 to the extent that it confers functions on the Secretary of State in relation to a person or body that—
is a relevant authority for the purposes of the Local Audit and Accountability Act 2014, and
exercises functions in relation to an area that is partly in England and partly in Wales.
Where an authority to which section 31A, 32, 42A or 43 of the Local Government Finance Act 1992 (billing or major precepting authority) or section 85 of the Greater London Authority Act 1999 (c. 29) (Greater London Authority) applies is making calculations in accordance with that section, the chief finance officer of the authority must report to it on the following matters—
the robustness of the estimates made for the purposes of the calculations, and
the adequacy of the proposed financial reserves.
An authority to which a report under this section is made shall have regard to the report when making decisions about the calculations in connection with which it is made.
In this section, “chief finance officer”, in relation to an authority, means the officer having responsibility for the administration of the authority’s financial affairs for the purposes of—
section 151 of the Local Government Act 1972 (c. 70),
section 73 of the Local Government Act 1985 (c. 51),
section 112 of the Local Government Finance Act 1988 (c. 41),
section 6 of the Local Government and Housing Act 1989 (c. 42), ...
section 127(2) of the Greater London Authority Act 1999, or
Schedule 1, 2 or 4 to the Police Reform and Social Responsibility Act 2011
This section has effect in relation to the estimation of financial reserves for the purpose of calculations in accordance with—
section 31A or 32 of the Local Government Finance Act 1992 (calculation by billing authority of council tax or budget requirement for financial year),
section 42A or 43 of that Act (corresponding provision for major precepting authority), or
section 85 of the Greater London Authority Act 1999 (calculation by Greater London Authority of component and consolidated budget requirements for financial year).
In the case of a controlled reserve, it shall not be regarded as appropriate for the balance of the reserve at the end of the financial year under consideration to be less than the minimum amount determined in accordance with regulations made by the appropriate person.
In subsection (2), “controlled reserve” means a financial reserve of a description specified for the purposes of this section by regulations made by the appropriate person.
Different provision may be made under subsection (2) for different descriptions of financial reserve.
This section applies where an authority to which section 31A, 32, 42A or 43 of the Local Government Finance Act 1992 (c. 14) or section 85 of the Greater London Authority Act 1999 (c. 29) applies is making calculations in accordance with that section.
If in relation to the previous financial year it appears to the chief finance officer that a controlled reserve is or is likely to be inadequate, he must report to the authority on—
the reasons for that situation, and
the action, if any, which he considers it would be appropriate to take to prevent such a situation arising in relation to the corresponding reserve for the financial year under consideration.
For the purposes of subsection (2)—
a controlled reserve is a financial reserve of a description specified by regulations under section 26(3), and
such a reserve is inadequate if the balance of the reserve at the end of the financial year concerned is less than the minimum amount determined in accordance with regulations under section 26(2).
An authority to which a report under this section is made shall have regard to the report when making decisions about the calculations in connection with which it is made.
In this section, “chief finance officer” has the same meaning as in section 25.
Where in relation to a financial year an authority to which section 31A, 32, 42A or 43 of the Local Government Finance Act 1992 (billing or major precepting authority) applies has made the calculations required by that section, it must review them from time to time during the year.
In carrying out a review under subsection (1), an authority must use the same figures for financial reserves as those used in the calculations under review, except in the case of financial reserves to meet a revenue account deficit from an earlier financial year.
If as a result of carrying out a review under subsection (1) it appears to the authority that carried out the review that there has been a deterioration in its financial position, it must take such action, if any, as it considers necessary to deal with the situation.
For the purposes of subsection (3), there is a deterioration in an authority’s financial position if on the review an amount falls to be calculated under section 31A(4), 32(4), 42A(4) or 43(4) of the Local Government Finance Act 1992 (c. 14) (council tax or budget requirement) and—
none fell to be calculated under that provision at the time of the calculations under review, or
an amount did then fall to be calculated under that provision and the amount then calculated is less than the amount calculated on the review.
Where substitute calculations have effect, it is those calculations to which the duty under subsection (1) applies.
Where in relation to a financial year the Greater London Authority has made the calculations required by section 85(3) to (7) of the Greater London Authority Act 1999 (c. 29) (calculation of component budget requirement for each constituent body), each of the bodies in respect of which the calculations have been made must from time to time during the year review the calculations relating to it.
In carrying out a review under subsection (1), a body must use the same figures for financial reserves as those used in the calculations under review, except in the case of financial reserves to meet a revenue account deficit from an earlier financial year.
If as a result of carrying out a review under subsection (1) it appears to the body that carried out the review that there has been a deterioration in its financial position, it must—
take such action, if any, as it considers necessary to deal with the situation, and
if it is a functional body, report the deterioration to—
the Mayor of London, and
the Chair of the London Assembly.
A report under subsection (3)(b) shall—
include a statement of the reasons for the deterioration, and
set out what action, if any, the body making the report proposes to take to deal with the situation.
For the purposes of subsection (3), there is a deterioration in a body’s financial position if on the review an amount falls to be calculated under section 85(6) of the Greater London Authority Act 1999 (component budget requirement) and—
none fell to be calculated under that provision at the time of the calculations under review, or
an amount did then fall to be calculated under that provision and the amount then calculated is less than the amount calculated on the review.
Where substitute calculations have effect, it is those calculations to which the duty under subsection (1) applies.
In this section, “functional body” has the same meaning as in the Greater London Authority Act 1999.
In section 115 of the Local Government Finance Act 1988 (c. 41) (which sets out the consequences for a relevant authority of the receipt of a report made by its chief finance officer under section 114(3)), in subsection (6) (which prevents an authority that has received such a report from entering into certain agreements during the prohibition period), at the end there is inserted “ unless the chief finance officer of the authority authorises it to do so ”.
After that subsection there is inserted—
“chief finance officer” has the same meaning as in section 114;
A Minister of the Crown may pay a grant to a local authority in England towards expenditure incurred or to be incurred by it.
A Minister of the Crown, or the National Assembly for Wales, may pay a grant to a local authority in Wales towards expenditure incurred or to be incurred by it.
The amount of a grant under this section and the manner of its payment are to be such as the person paying it may determine.
A grant under this section may be paid on such conditions as the person paying it may determine.
Conditions under subsection (4) may, in particular, include—
provision as to the use of the grant;
provision as to circumstances in which the whole or part of the grant must be repaid.
In the case of a grant to a local authority in England, the powers under this section are exercisable with the consent of the Treasury.
For the purposes of section 31, expenditure of a functional body shall be treated as expenditure of the Greater London Authority.
The conditions on which grant under section 31 may be paid include, in the case of a grant to the Greater London Authority, a condition requiring the Mayor to transfer the grant to a functional body.
A decision to pay a grant under section 31 subject to such a condition as is mentioned in subsection (2) above shall be notified to the functional body concerned as well as to the Greater London Authority.
Where a grant paid under section 31 to the Greater London Authority is paid subject to such a condition as is mentioned in subsection (2) above, the Mayor must transfer the grant to the functional body concerned forthwith.
Where a grant paid under section 31 to the Greater London Authority is not paid subject to such a condition as is mentioned in subsection (2) above, the Mayor may transfer the grant to a functional body.
Where grant under section 31 is transferred under this section to a functional body, any conditions to which the grant is subject shall apply to the transferee instead of the transferor.
In this section, “Mayor” means Mayor of London.
The following are local authorities for the purposes of this Chapter—
a county council;
a county borough council;
a district council;
the Greater London Authority;
a London borough council;
the Common Council of the City of London, in its capacity as a local authority, police authority or port health authority;
the Council of the Isles of Scilly;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an authority established under section 10 of the Local Government Act 1985 (c. 51) (waste disposal authorities);
a joint authority established by Part 4 of that Act (fire and rescue services and transport);
a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990 (c. 8);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
a police and crime commissioner.
a combined authority established under section 103 of that Act;
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;
a fire and rescue authority created by an order under section 4A of that Act;
In this Chapter—
“mayoral CCA” has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 (see section 27(8) of that Act);
all the London borough councils, and
A Minister of the Crown may pay a grant to an eligible London joint committee towards expenditure incurred or to be incurred—
by the committee, or
by an eligible sub-committee of the committee.
The amount of a grant under this section and the manner of its payment are to be such as the person paying it may determine.
A grant under this section may be paid on such conditions as the person paying it may determine.
Conditions under subsection (3) may, in particular, include—
provision as to the use of the grant;
provision as to circumstances in which the whole or part of the grant must be repaid.
Where a Minister of the Crown wishes to pay a grant towards expenditure incurred or to be incurred by an eligible London joint committee or an eligible sub-committee, the Secretary of State may pay a grant under this section to one or more persons (other than the committee) to hold and use in respect of the expenditure by the committee or sub-committee.
The powers under this section are exercisable with the consent of the Treasury.
The Secretary of State may, by regulations—
make provision for determining the question of whether a committee, or sub-committee, is “eligible”, including provision about conditions that must be met for a committee or sub-committee to become or remain eligible;
make provision about the constitution, procedures, administration and oversight of London joint committees, or their sub-committees, that are eligible.
Regulations under subsection (7)(a) may (in particular) make provision about conditions that relate to—
the power under which, or way in which, the committee or sub-committee is established;
the functions or purpose of the committee or sub-committee;
the kinds of persons who are members of the committee or sub-committee;
the constitution, procedures, administration or oversight of the committee or sub-committee.
Regulations under subsection (7) may amend any Act passed before, or in the same session as, the English Devolution and Community Empowerment Act 2026.
No regulations under subsection (7) may be made unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
A combined authority or CCA may pay to a constituent council a grant towards expenditure incurred or to be incurred by it.
The amount of a grant under this section and the manner of its payment are to be such as the person paying it may determine.
A grant under this section may be paid on such conditions as the person paying it may determine.
Conditions under subsection (3) may, in particular, include—
provision as to the use of the grant;
provision as to circumstances in which the whole or part of the grant must be repaid.
Subsection (6) applies where, in exercising a function under this section, a combined authority or CCA determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions.
In determining that amount, the combined authority or CCA must have regard to the desirability of ensuring that the constituent council has sufficient funds to facilitate the effective discharge of those highway functions.
To comply with subsection (6), the combined authority or CCA must take into account any other sources of funding available to the constituent council for expenditure incurred or to be incurred in relation to the exercise of its highway functions.
The functions conferred by this section on a mayoral combined authority or mayoral CCA are functions of the authority or CCA exercisable only by the mayor on behalf of the authority or CCA.
In this section—
For the purposes of section 31, expenditure of a Mayoral development corporation for an area in the area of a combined authority or CCA shall be treated as expenditure of the combined authority or CCA.
The conditions on which grant under section 31 may be paid include, in the case of a grant to a combined authority or CCA, a condition requiring the combined authority or CCA to transfer the grant to the Mayoral development corporation.
A decision to pay a grant under section 31 subject to such a condition as is mentioned in subsection (2) above shall be notified to the Mayoral development corporation as well as to the combined authority or CCA.
Where a grant paid under section 31 to a combined authority or CCA is paid subject to such a condition as is mentioned in subsection (2) above, the combined authority or CCA must transfer the grant to the Mayoral development corporation forthwith.
Where a grant paid under section 31 to a combined authority or CCA is not paid subject to such a condition as is mentioned in subsection (2) above, the Mayor may transfer the grant to a Mayoral development corporation.
Where grant under section 31 is transferred under this section to a Mayoral development corporation, any conditions to which the grant is subject shall apply to the transferee instead of the transferor.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following are best value authorities for the purposes of this section—
a parish council subject to any of the duties in sections 3 to 6 of the Local Government Act 1999 (best value duties), and
a parish meeting subject to any of those duties.
For each financial year, the Secretary of State may, with the consent of the Treasury, pay grants in accordance with this section to best value authorities towards expenditure incurred or to be incurred by them in connection with any of the requirements of Part 1 of the Local Government Act 1999 (best value).
The power under subsection (2) shall be exercisable by the making of a determination stating in relation to each best value authority the amount of grant, if any, which the Secretary of State intends to make to it for each year to which the determination relates.
A determination under this section may include provision for grant paid pursuant to the determination to be subject to specified conditions.
The conditions which may be included under subsection (4) shall be such as the Secretary of State thinks fit and may, in particular, make provision about—
the supply of information,
the use of grant, or
the repayment of grant in specified circumstances.
A determination under this section—
may make different provision for different cases or areas;
may be made before, during or after the end of a financial year to which it relates;
may be revoked or varied by a subsequent determination.
The power under subsection (6)(a) includes, in particular, the power to make different provision for different best value authorities or descriptions of authority (including descriptions framed by reference to authorities in particular areas).
Grant due to a best value authority in accordance with a determination under this section shall be payable at such time, or in such instalments and at such times, as the Secretary of State may think fit.
A grant made under this section to a parish meeting shall be paid to the parish trustees for the parish in question.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this section a best value authority is a community council subject to any of the duties in sections 3 to 6 of the Local Government Act 1999 (c. 27).
For each financial year, the National Assembly for Wales may pay grants in accordance with this section to best value authorities towards expenditure incurred or to be incurred by them in connection with any of the requirements of Part 1 of the Local Government Act 1999.
The power under subsection (2) shall be exercisable by the making of a determination stating in relation to each best value authority the amount of grant, if any, which the Assembly intends to make to it for each year to which the determination relates.
A determination under this section may include provision for grant paid pursuant to the determination to be subject to specified conditions.
The conditions which may be included under subsection (4) shall be such as the Assembly thinks fit and may, in particular, make provision about—
the supply of information,
the use of grant, or
the repayment of grant in specified circumstances.
A determination under this section—
may make different provision for different cases or areas;
may be made before, during or after the end of a financial year to which it relates;
may be revoked or varied by a subsequent determination.
The power under subsection (6)(a) includes, in particular, the power to make different provision for different best value authorities or descriptions of authority (including descriptions framed by reference to authorities in particular areas).
Grant due to a best value authority in accordance with a determination under this section shall be payable at such time, or in such instalments and at such times, as the Assembly may think fit.
The appropriate person may pay any of the following to a best value authority which, in relation to any of its functions, is subject to the duty in section 3(1) of the Local Government Act 1999 (best value duty) or to a relevant Welsh authority—
a grant towards expenditure incurred by the authority in applying for the award of a designation based on excellence in the provision of services, and
where the authority is awarded such a designation—
a grant as a reward for being awarded such a designation, and
a grant towards expenditure incurred or to be incurred by the authority in disseminating information about best practices.
The amount of a grant under this section and the manner of its payment are to be such as the appropriate person may determine.
A grant under this section may be paid on such conditions as the appropriate person may determine as to the circumstances in which the whole or any part of the grant must be repaid.
In subsection (1) “relevant Welsh authority” means—
a county council or county borough council in Wales;
a National Park authority for a National Park in Wales;
a fire and rescue authority in Wales, constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.
In section 155 of the Local Government and Housing Act 1989 (c. 42) (emergency financial assistance to local authorities), in subsection (4) (authorities that are local authorities for the purposes of that section), after paragraph (g) there is inserted; or
A Minister of the Crown may pay a grant to a person for use in, or in connection with, promoting or facilitating the economic, efficient and effective exercise of functions by a best value authority or best value authorities or a relevant Welsh authority or relevant Welsh authorities.
The power to make a grant under this section is exercisable only with the consent of—
the Treasury, and
in the case of a grant in respect of the exercise of functions by a relevant Welsh authority, the Welsh Ministers.
The power to pay a grant under this section does not include power to pay a grant to a best value authority or a relevant Welsh authority.
The amount of a grant under this section, and the method of payment, are to be such as the Minister of the Crown may determine.
A grant under this section may be paid on such conditions as the Minister of the Crown may determine.
Conditions under subsection (5) may, in particular, include—
provision as to the use of the grant;
provision as to circumstances in which the whole or part of the grant must be repaid.
For the purposes of this section—
The Secretary of State may, if he thinks it appropriate, make payments to the Treasury, in respect of local loans made under section 3 of the National Loans Act 1968, so as to reduce or extinguish such debt (whether then due or not) of a local authority in England to the Treasury as he thinks fit.
The National Assembly for Wales may, if it thinks it appropriate, make payments to the Treasury, in respect of local loans made under section 3 of the National Loans Act 1968, so as to reduce or extinguish such debt (whether then due or not) of a local authority in Wales to the Treasury as the Assembly thinks fit.
The amount— shall be such as may be determined by the Treasury.
required to extinguish a debt, or
by which a payment reduces a debt,
The Treasury may refuse to accept a payment which the Secretary of State or the National Assembly for Wales proposes to make to them under this section.
In this section “local authority” means—
in relation to England—
a district council,
a county council that is the council for a county in which there are no district councils,
a London borough council,
the Common Council of the City of London, or
the Council of the Isles of Scilly; and
in relation to Wales, a county council or a county borough council.
The Welsh Ministers may pay a grant to a person for use in, or in connection with, promoting or facilitating compliance by a Welsh principal council or Welsh principal councils with the performance requirements set out in section 89 of the Local Government and Elections (Wales) Act 2021 or the requirements of, or any requirements imposed under, Chapter 1 of Part 6 of that Act.
The power to pay a grant under this section does not include power to pay a grant to a best value authority or Welsh principal council.
The amount of a grant under this section, and the method of payment, are to be such as the Welsh Ministers may determine.
A grant under this section may be paid on such conditions as the Welsh Ministers may determine.
Conditions under subsection (4) may, in particular, include—
provision as to the use of the grant;
provision as to circumstances in which the whole or part of the grant must be repaid.
For the purposes of this section—
The Secretary of State may, if he thinks it appropriate, make payments to a local authority in England for application by the authority in reducing or extinguishing such debt (whether then due or not) of the authority as he thinks fit.
The National Assembly for Wales may, if it thinks it appropriate, make payments to a local authority in Wales for application by the authority in reducing or extinguishing such debt (whether then due or not) of the authority as the Assembly thinks fit.
The person making payments to a local authority under this section may specify how the payments are to be applied by the authority and may in particular specify—
the debt or debts to be extinguished, or
the debt or debts to be reduced.
A payment under this section may be made subject to conditions imposed by the person making the payment.
The conditions that may be imposed under subsection (4) include (in particular) conditions relating to the repayment in specified circumstances of all or part of the payment.
Payments made to a local authority under this section may not be applied in reducing or extinguishing any debt of the authority to the Treasury, in respect of local loans made under section 3 of the National Loans Act 1968.
In this section “local authority” means—
in relation to England—
a district council,
a county council that is the council for a county in which there are no district councils,
a London borough council,
the Common Council of the City of London, or
the Council of the Isles of Scilly; and
in relation to Wales—
a county council,
a county borough council, or
a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.
Schedule 2 (which makes provision for enabling the National Assembly for Wales to make two local government finance reports for a year, one dealing with police authorities and one dealing with other authorities and bodies) has effect.
This section applies in relation to the financial year beginning on 1st April 2004 and subsequent financial years.
A billing authority may in accordance with this Part make arrangements (“BID arrangements”) with respect to an area (a “business improvement district”) comprising all or part of the area of the authority.
The purpose of BID arrangements is to enable—
the projects specified in the arrangements to be carried out for the benefit of the business improvement district or those who live, work or carry on any activity in the district, and
those projects to be financed (in whole or in part) by a levy (“BID levy”) imposed on the non-domestic ratepayers, or a class of such ratepayers, in the district.
The Secretary of State may by regulations make provision for or in connection with enabling two or more billing authorities to make BID arrangements with respect to a business improvement district comprising all or part of the area of each of the authorities.
The provision which may be made by regulations under this section includes provision which modifies any provision made by or under this Part in its application to such arrangements.
The persons specified in subsection (2) may make financial contributions or take action for the purpose of enabling the projects specified in BID arrangements to be carried out.
Those persons are—
the billing authority which has made the arrangements,
a county council or parish council any part of whose area falls within the business improvement district, and
any other person authorised or required to do so in accordance with the arrangements.
Where BID arrangements are in force, the billing authority which made the arrangements must comply with them.
BID levy is to be imposed in a business improvement district only for periods (“chargeable periods”) falling within the period in which BID arrangements are in force in respect of the district.
The length of any chargeable period, and the day on which it begins, are to be such as may be specified in the BID arrangements.
The amount of BID levy for any chargeable period—
is to be calculated in such manner as may be provided in the BID arrangements, and
may be different for different cases.
BID arrangements must specify the description of non-domestic ratepayers in the business improvement district who are to be liable for BID levy for a chargeable period.
A person is to be liable for BID levy for a chargeable period if he falls within that description at any time within the period.
The amount of a person’s liability for BID levy for any chargeable period is to be determined in accordance with the BID arrangements.
Any amount of BID levy for which a person is liable is to be paid to the billing authority which made the arrangements.
A billing authority which has made BID arrangements must, in accordance with proper practices, keep an account, to be called the BID Revenue Account.
Amounts paid to the authority by way of BID levy must be credited to the BID Revenue Account.
Amounts are to be debited to the BID Revenue Account only in accordance with BID arrangements.
The Secretary of State may by regulations make further provision in relation to the BID Revenue Account.
The Secretary of State may by regulations make provision with respect to the imposition, administration, collection, recovery and application of BID levy.
The provision which may be made by regulations under this section includes provision—
corresponding to any provision which may be made by regulations under section 50 or 63 of, or Schedule 9 to, the Local Government Finance Act 1988 (c. 41) (joint owners or occupiers, death and administration of non-domestic rating);
modifying or applying with modifications any provision made by regulations under any of those provisions.
Nothing in subsection (2) is to be taken as limiting the power conferred by subsection (1).
BID arrangements are not to come into force unless proposals for the arrangements (“BID proposals”) are approved by a ballot of the non-domestic ratepayers in the proposed business improvement district who are to be liable for the proposed BID levy.
The Secretary of State may by regulations make provision—
as to the persons who may draw up BID proposals,
as to the procedures to be followed in connection with the drawing up of BID proposals,
as to the matters to be included in BID proposals, and
as to the date which may be provided under BID proposals for the coming into force of BID arrangements which give effect to the proposals.
BID proposals are not to be regarded as approved by a ballot held for the purposes of section 49(1) unless two conditions are satisfied.
The first condition is that a majority of the persons voting in the ballot have voted in favour of the BID proposals.
The second condition is that A exceeds B.
A is the aggregate of the rateable values of each hereditament in respect of which a person voting in the ballot has voted in favour of the BID proposals.
B is the aggregate of the rateable values of each hereditament in respect of which a person voting in the ballot has voted against the BID proposals.
For the purposes of subsections (4) and (5), the rateable value of a hereditament is —
in a case where the day of the ballot is a day on which paragraph 3 of Schedule 4ZA to the Local Government Finance Act 1988 applies in relation to the hereditament, the rateable value shown for that day under section 42(4) of that Act as regards the hereditament minus G (within the meaning of that Schedule), or
in any other case, the rateable value shown for that day under section 42(4) of that Act as regards the hereditament.
This section applies where BID proposals are approved by a ballot held for the purposes of section 49(1).
The billing authority to which the proposals relate may, in prescribed circumstances, veto the proposals within such period from the date of the ballot as may be prescribed.
In deciding whether to exercise the veto, a billing authority is to have regard to such matters as may be prescribed.
If a billing authority vetoes BID proposals, it must give notice of the exercise of the veto to the persons entitled to vote in the ballot.
The notice—
must set out the reasons for the exercise of the veto, and
must give details of the right of appeal under section 52.
A copy of the notice must be sent to the Secretary of State.
Where a billing authority vetoes BID proposals, any person who was entitled to vote in the ballot may appeal to the Secretary of State.
The Secretary of State may by regulations make provision in relation to appeals under this section, including provision—
as to the time by which an appeal is to be made,
as to the manner in which an appeal is to be made,
as to the procedure to be followed in connection with an appeal, and
as to the matters to be taken into account in deciding whether to allow an appeal.
This section applies where BID proposals are approved by a ballot held for the purposes of section 49(1).
The billing authority concerned must ensure that BID arrangements which give effect to the proposals are made by the time the arrangements are to come into force in accordance with this section.
Subject to subsection (4), the BID arrangements are to come into force on such day as may be provided under the BID proposals.
If the BID proposals are vetoed under section 51, BID arrangements which give effect to the proposals are not to come into force unless the Secretary of State allows an appeal against the veto under section 52.
Where the Secretary of State allows such an appeal, BID arrangements which give effect to the proposals are to come into force on such day as the Secretary of State may determine.
The day determined under subsection (5) must not be earlier than the day mentioned in subsection (3).
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the billing authority concerned, and
such persons as appear to him to be representative of the non-domestic ratepayers who are to be liable for the proposed BID levy.
BID arrangements are to have effect for such period (not exceeding 5 years) as may be specified in the arrangements.
BID arrangements may be renewed for one or more periods each of which must not exceed 5 years, but only if the renewal of the arrangements on that or each occasion is approved by a ballot of the non-domestic ratepayers in the business improvement district who are liable for the BID levy.
The renewal of BID arrangements is not to be regarded as approved by a ballot held for the purposes of subsection (2) unless the two conditions in section 50 which apply to the approval of BID proposals are satisfied in relation to the renewal of the arrangements.
The Secretary of State may by regulations make provision—
as to the alteration of BID arrangements, and
as to the termination of BID arrangements.
The provision which may be made by virtue of subsection (4)(a) or (b) includes provision preventing or restricting the alteration or early termination of BID arrangements.
Nothing in subsection (5) is to be taken as limiting the power conferred by subsection (4).
No regulations under subsection (4) shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
The Secretary of State may by regulations make provision in relation to ballots.
The provision which may be made by regulations under this section includes provision—
as to the timing of ballots;
as to the non-domestic ratepayers entitled to vote in a ballot;
as to the question to be asked in a ballot;
as to the form that ballots may take;
as to the persons who are to hold ballots;
as to the conduct of ballots;
conferring power on the Secretary of State to declare ballots void in cases of material irregularity;
for or in connection with enabling a billing authority to recover the costs of a ballot from such persons and in such circumstances as may be prescribed.
Nothing in subsection (2) is to be taken as limiting the power conferred by subsection (1).
No regulations under subsection (1) which include provision of the kind mentioned in subsection (2)(b) shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
In this section “ballot” means a ballot held for the purposes of section 49(1) or 54(2).
The Secretary of State may by regulations make such supplementary, incidental, consequential or transitional provision as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision made by or under this Part.
The provision which may be made under subsection (1) includes provision amending any enactment (whenever passed or made).
No regulations under subsection (1) which include provision amending an Act shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
This Part binds the Crown.
Sections 54(7), 55(4) and 56(3) do not apply in relation to Wales.
In their application in relation to Wales—
the remaining provisions of this Part have effect as if for each reference in those provisions to the Secretary of State there were substituted a reference to the National Assembly for Wales, and
section 43(2)(b) has effect as if for the reference to a county council or parish council there were substituted a reference to a community council.
In this Part—
a parish council, a community council or charter trustees.
Other expressions which are used in this Part and in Part 3 of the Local Government Finance Act 1988 (non-domestic rates) have the same meaning in this Part as they have in that Part.
In section 41(5) of the 1988 Act (proposed local non-domestic rating list to be sent to billing authority not later than 31 December preceding compilation date) for “31 December” there is substituted “ 30 September ”.
In section 52(5) of that Act (proposed central non-domestic rating list to be sent to Secretary of State not later than 31 December preceding compilation date) for “31 December” there is substituted “ 30 September ”.
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Section 43 of the 1988 Act (occupied hereditaments: liability) is amended as follows.
In subsection (4) (which, subject to subsections (5) and (6A), shows how the chargeable amount for a chargeable day is to be calculated) after “subsections” there is inserted “(4A),”.
After subsection (4) there is inserted—
For subsection (8A) there is substituted—
In section 44 of the 1988 Act (occupied hereditaments: supplementary) after subsection (6) there is inserted—
In section 47 of the 1988 Act (discretionary relief), in subsection (1) after “subsection (3) below,”, in the second place where it occurs, there is inserted “or the small business condition and the second condition mentioned in subsection (3) below,”.
After subsection (3C) of that section there is inserted—
Schedule 7 to the 1988 Act (non-domestic rating multipliers) is amended as follows.
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After paragraph 9 (special authority’s non-domestic rating multiplier) there is inserted—
In section 42A of the 1988 Act (rural settlement list) in subsection (1) (duty of each billing authority to compile and maintain rural settlement list) after “billing authority” there is inserted “ in England ”.
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the words after “on the day concerned” become paragraph (a) of that subsection, and
after that paragraph there is inserted , or
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the words after “on the day concerned” become paragraph (a) of that subsection, and
after that paragraph there is inserted , or
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In section 67 of the 1988 Act (interpretation of Part 3 of that Act), after subsection (10) there is inserted—
After section 57 of the 1988 Act (special provision for 1990-1995) there is inserted—
In section 58 of the 1988 Act (special provision for 1995 onwards) in subsection (1) (power to make regulations in relation to any relevant period) after “section” there is inserted “ which apply in relation to Wales ”.
In section 64 of the 1988 Act (hereditaments) after subsection (2) there is inserted—
In subsection (4)(e) of that section (which contains a reference to any right which is a hereditament by virtue of subsection (2)) after “subsection (2)” there is inserted “ or (2A) ”.
After subsection (11) of that section there is inserted—
Schedule 5 to the 1988 Act (exemptions from non-domestic rating) is amended as follows.
For paragraph 3(a) (which provides that a building is an agricultural building if it is occupied together with agricultural land and is used solely in connection with agricultural operations on the land) there is substituted—
After paragraph 7(1)(b) there is inserted, and
For paragraph 7(3) there is substituted—
After paragraph 7(8) there is inserted—
In paragraph 11 of Schedule 5 to the 1988 Act (exemption for places of religious worship) for sub-paragraph (1)(a) there is substituted—.
Paragraph 3 of Schedule 6 to the 1988 Act (power of Secretary of State by order to prescribe rateable values) ceases to have effect.
The rules may include provision for such deductions as the maker of the rules thinks fit for the purpose of enabling an authority to retain part, or all, of so much of the total payable to it in respect of the year under sections 43 and 45 above as exceeds an amount determined for the authority by or under the rules. Sub-paragraph (4A) above shall not apply in the case of a special authority. Sub-paragraph (2) above shall have effect subject to sub-paragraph (4A) above. The consent of the Treasury is required to the inclusion in regulations under this paragraph of provision under sub-paragraph (4A) above relating to England.
In paragraph 5(6) of that Schedule (contribution to be calculated after end of year and certified by Audit Commission)—
before the word “and” at the end of paragraph (b) there is inserted— and
in paragraph (c), for “and the amount” there is substituted “ , and the amount or amounts notifiable under paragraphs (b) and (ba) above, ”.
In paragraph 5(6A) of that Schedule (Audit Commission to send copy of certification to Secretary of State or National Assembly for Wales), after “the amount” there is inserted “ or amounts ”.
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In section 38 of the Local Government (Wales) Act 1994 (c. 19) (council funds for principal councils in Wales), after subsection (9) there is inserted—
In subsection (10) of that section (provision that may be included in regulations under subsection (9))—
for “The regulations” there is substituted “ Regulations under subsection (9) or (9A) ”, and
in each of paragraphs (d) and (e), after “the liability mentioned in subsection (9)” there is inserted “ or any liability arising under subsection (9A) ”.
In that section, after subsection (11) there is inserted—
Schedule 8 to the 1988 Act (non-domestic rating: pooling) is amended as follows.
In paragraph 4 (non-domestic rating contributions) after sub-paragraph (6) there is inserted—
In paragraph 6 (calculation of non-domestic rating contributions) after sub-paragraph (6) there is inserted—
In sub-paragraph (7) of that paragraph (which defines relevant provisions) after paragraph (a) there is inserted—.
Schedule 9 to the 1988 Act (non-domestic rating: administration) is amended as follows.
In paragraph 5(2) (requested information to be supplied within period of 21 days) there are omitted—
the words “if it is in his possession or control, and he shall do so”, and
the words “and within the period of 21 days beginning with the day on which the notice is served”.
Paragraph 5(3) (offence of failing to supply information) is omitted.
After paragraph 5 there is inserted—
In Schedule 11 to the 1988 Act (valuation tribunals) in paragraph 2 (jurisdictions) after sub-paragraph (c) there is inserted—.
In this Part “the 1988 Act” means the Local Government Finance Act 1988 (c. 41).
In section 6(4) of the Local Government Finance Act 1992 (c. 14) (exception of severely mentally impaired from liability as co-resident or owner), for the words from “paragraph” to “impaired)” there is substituted “ paragraph 2 (severely mentally impaired) or 4 (students etc.) of Schedule 1 to this Act ”.
In section 9(2) of that Act (corresponding exception from liability as spouse), for the words from “paragraph” to the end there is substituted “ paragraph 2 (the severely mentally impaired) or 4 (students etc.) of Schedule 1 to this Act ”.
This section has effect in relation to financial years beginning on or after 1 April 2004.
After section 11 of the Local Government Finance Act 1992 there is inserted—
For section 12 of that Act (discounts: special provision for Wales) there is substituted—
Where immediately before the day on which subsection (2) comes into force regulations under section 12(1) of that Act are in force which apply in relation to a financial year beginning on or after that day, the regulations, so far as relating to such a financial year, shall on and after that day have effect as if—
they were made under section 12(1) of that Act as substituted by this section, and
each class of dwellings which they prescribe were prescribed for the purposes of section 12(4) of that Act as so substituted.
Where immediately before that day a determination under section 12(1) of that Act is in force which applies in relation to a financial year beginning on or after that day, the determination, so far as relating to such a financial year, shall on and after that day have effect as if made under section 12(4) of that Act, as substituted by this section, in relation to the whole of the area of the authority which made the determination.
In its application by virtue of subsection (4), a determination under section 12(1) of that Act shall have effect—
if it provided for section 12(2) of that Act to have effect in substitution for section 11(2)(a) of that Act, as if it provided for the discount under that provision to be twenty-five per cent.;
if it provided for section 12(3) of that Act to have effect in substitution for section 11(2)(a) of that Act, as if it provided for the discount under that provision not to apply.
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After section 22A of the Local Government Finance Act 1992 there is inserted—
In section 5 of the Local Government Finance Act 1992 (c. 14) (valuation bands), after subsection (4) there is inserted—
After section 13A of the Local Government Finance Act 1992 there is inserted—
Schedule 4 to the Local Government Finance Act 1992 (c. 14) (enforcement) is amended as follows.
In paragraph 5(1) (power to authorise making of attachment of earnings orders against persons subject to liability orders), in paragraph (a) (under which attachment of earnings may be authorised to secure payment of any outstanding sum which is or forms part of the amount in respect of which a liability order was made), for the words from “any outstanding sum” to the end there is substituted “ the appropriate amount ”.
After that sub-paragraph there is inserted—
In paragraph 7 (distress), after sub-paragraph (4) there is inserted—
In Schedule 4 to the Local Government Finance Act 1992 (c. 14) (enforcement), after paragraph 11 there is inserted—
In Schedule 4 to the Local Government Finance Act 1992 (enforcement), after paragraph 12 there is inserted—
In section 39(1) of the Local Government Finance Act 1992 (c. 14) (which specifies the authorities which are major precepting authorities for the purposes of Part 1 of that Act), after paragraph (d) there is inserted—.
The National Assembly for Wales may by order amend section 39(1)(da) of the Local Government Finance Act 1992 for the purpose of extending the provision to fire and rescue authorities in Wales.
Before making an order under subsection (2), the National Assembly for Wales shall consult— as it may consider appropriate.
such bodies or persons appearing to it to be representative of the interests of local government in Wales, and
such other bodies or persons,
Section 67 of the Local Government Finance Act 1992 (under which certain council tax functions must be discharged only by an authority as a whole) is amended as follows.
In subsection (1), for “Subject to subsections (3) and (3A) below,” there is substituted “ Subject to subsections (2A) to (3A) below, ”.
After subsection (2) there is inserted—
In Schedule 2 to the Local Government Finance Act 1992 (c. 14) (council tax: administration), after paragraph 18 there is inserted—
Section 31 of the Local Government Act 1999 (c. 27) (further regulation of major precepting authorities) ceases to have effect.
The Welsh Ministers may—
require a local housing authority in Wales to have a strategy in respect of such matters relating to housing as the Welsh Ministers may specify, and
impose requirements with respect to—
the ends that the strategy is to be designed to achieve,
the formulation of policy for the purposes of the strategy, or
review of the strategy.
The Welsh Ministers may require a local housing authority in Wales, by such time as the Welsh Ministers may specify, to prepare and supply the Welsh Ministers with a statement setting out such material of either of the following descriptions as the Welsh Ministers may specify—
a strategy that the authority is required to have under subsection (1);
other material relating to housing.
The Welsh Ministers may, in relation to a statement whose preparation and supply is required under subsection (2), impose requirements with respect to—
the contents of the statement;
the form of the statement;
the statement’s supply to the Welsh Ministers.
In this section— “housing” includes accommodation needs for gypsies and travellers within the meaning of ... section 225 of the Housing Act 2004, in the case of a local housing authority in England; Part 3 of the Housing (Wales) Act 2014, in the case of a local housing authority in Wales; “local housing authority” has the same meaning as in the Housing Act 1985 (c. 68).
The power under section 87(3) includes (in particular) power to require that material— be designated in the statement as being, or forming part of, the authority’s Housing Revenue Account business plan.
in a statement, and
relating to property within the Housing Revenue Account of the authority preparing the statement,
All material that— shall collectively be known as the authority’s Housing Revenue Account business plan.
in accordance with requirements imposed under section 87(3) is so designated in a statement prepared for the purposes of section 87(2) by an authority in Wales, and
has not in a subsequent statement so prepared by the authority been declared to be superseded or withdrawn,
The reference in subsection (1) to property within an authority’s Housing Revenue Account has the same meaning as in Part 6 of the Local Government and Housing Act 1989 (c. 42) (housing finance).
For section 79(2) of the Local Government and Housing Act 1989 (payment of Housing Revenue Account subsidy) there is substituted—
In section 80 of that Act (calculation of Housing Revenue Account subsidy), for subsection (1) (subsidy to be calculated in accordance with formulae) there is substituted—
In subsection (3) of that section (determinations of, and for the purposes of, formulae)—
in the words before paragraph (a), for “the Secretary of State may” there is substituted “ the appropriate person may (in particular) ”, and
the words after paragraph (c) (which are superseded by the new subsections (5) and (6) of that section) are omitted.
In subsections (3)(b) and (4) of that section (provisions about formulae), for “Secretary of State” (in each place) there is substituted “ appropriate person ”.
In that section, after subsection (4) there is inserted—
In section 88(1) of that Act (interpretation of Part 6), after paragraph (a) there is inserted—.
In Part 6 of the Local Government and Housing Act 1989 (c. 42) (housing finance), after section 80 there is inserted—
In section 80 of that Act (calculation of Housing Revenue Account subsidy), subsection (2) (negative amounts of subsidy) is omitted.
In Part 2 of Schedule 4 to that Act (amounts to be debited to a local housing authority’s Housing Revenue Account), for item 5 there is substituted—
In section 141(8) of the Local Government Finance Act 1988 (c. 41) (amounts due from authorities that may be set off against amounts due from Secretary of State or National Assembly for Wales), for “and paragraphs 12 and 15 of that Schedule” there is substituted “ ,?paragraphs 12 and 15 of that Schedule and section 80ZA of the Local Government and Housing Act 1989 (negative amounts of Housing Revenue Account subsidy and interest and costs where payment made late) ”.
In Part 6 of the Local Government and Housing Act 1989 (c. 42) (housing finance), after section 87 there is inserted—
In Part 4 of Schedule 4 to that Act (Housing Revenue Accounts: supplementary provisions), paragraph 3 (which is superseded by the new section 87A) is omitted.
In section 24(3) of the Housing Act 1985 (c. 68) (local housing authorities in England and Wales to have regard to private sector rents in setting rents for their houses), after “a local housing authority” there is inserted “ in Wales ”.
The National Assembly for Wales may by order repeal section 24(3) of that Act (as amended by subsection (1)).
Subject to the following provisions, a relevant authority may charge a person for providing a service to him if—
the authority is authorised, but not required, by an enactment to provide the service to him, and
he has agreed to its provision.
Subsection (1) does not apply if the authority—
has power apart from this section to charge for the provision of the service, or
is expressly prohibited from charging for the provision of the service.
The power under subsection (1) is subject to a duty to secure that, taking one financial year with another, the income from charges under that subsection does not exceed the costs of provision.
The duty under subsection (3) shall apply separately in relation to each kind of service.
Within the framework set by subsections (3) and (4), a relevant authority may set charges as it thinks fit and may, in particular—
charge only some persons for providing a service;
charge different persons different amounts for the provision of a service.
In carrying out functions under this section, a relevant authority shall have regard to such guidance as the appropriate person may issue.
The following shall be disregarded for the purposes of subsection (2)(b)—
section 111(3) of the Local Government Act 1972 (c. 70) (subsidiary powers of local authorities not to include power to raise money),
section 34(2) of the Greater London Authority Act 1999 (c. 29) (corresponding provision for Greater London Authority), ...
section 3(2) of the Local Government Act 2000 (c. 22) (well-being powers not to include power to raise money).
section 100(2) of the Local Transport Act 2008 (well-being powers of Integrated Transport Authorities , combined authorities and combined county authorities),
section 102C(4) of that Act (Integrated Transport Authorities),
section 10B(4) of the Transport Act 1968 (Passenger Transport Executives), ...
section 113B(4) of the Local Democracy, Economic Development and Construction Act 2009 (economic prosperity boards and combined authorities), and
section 50(4) of the Levelling-up and Regeneration Act 2023 (combined county authorities).
In subsection (1), “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
In this section, “ relevant authority ” means—
a best value authority;
a county council or county borough council in Wales;
the Passenger Transport Executive of an integrated transport area in England;
a National Park authority for a National Park in Wales;
a parish council;
a parish meeting of a parish which does not have a separate parish council; or
a community council.
The appropriate person may by order disapply section 93(1)—
in relation to particular descriptions of relevant authority or particular relevant authorities;
in relation to the provision of a particular kind of service by—
all relevant authorities,
particular relevant authorities, or
particular descriptions of relevant authority.
The power under subsection (1) includes power to disapply for a particular period.
In this section, “relevant authority” has the meaning given in section 93.
The appropriate person may by order—
authorise relevant authorities to do for a commercial purpose anything which they are authorised to do for the purpose of carrying on any of their ordinary functions, and
make provision about the persons in relation to whom authority under paragraph (a) is exercisable.
No order under this section may authorise a relevant authority—
to do in relation to a person anything which it is required to do in relation to him under its ordinary functions, or
to do in relation to a person anything which it is authorised, apart from this section, to do in relation to him for a commercial purpose.
An order under this section may be made in relation to—
all relevant authorities, particular relevant authorities or particular descriptions of relevant authority;
all things authorised to be done for the purpose of carrying on a particular function, particular things authorised to be done for that purpose or particular descriptions of thing authorised to be so done.
Power conferred by an order under this section shall only be exercisable through a company within the meaning of Part 5 of the Local Government and Housing Act 1989 (c. 42) (companies in which local authorities have interests).
A relevant authority on which power is conferred by an order under this section shall be treated as a local authority for the purposes of Part 5 of the Local Government and Housing Act 1989 if it would not otherwise be such an authority, but only in relation to a body corporate through which it exercises, or proposes to exercise, the power conferred by the order.
In its application by virtue of subsection (5), section 70(1) of the Local Government and Housing Act 1989 (c. 42) (power to make provision about what a company under the control, or subject to the influence of, a local authority does) shall only apply in relation to the doing for a commercial purpose of the thing to which the order under this section relates.
In this section—
The appropriate person may by order impose conditions in relation to the exercise by a relevant authority of—
a power to do anything for a commercial purpose, or
a power to do anything for such a purpose through a company.
In exercising such a power as is mentioned in subsection (1), a relevant authority shall have regard to such guidance as the appropriate person may issue.
An order under this section may be made in relation to—
all relevant authorities,
particular relevant authorities, or
particular descriptions of relevant authority.
In this section, “relevant authority” has the meaning given in section 95.
a police authority established under section 3 of the Police Act 1996,
the Common Council of the City of London in its capacity as a police authority,
the Metropolitan Police Authority, or
the London Development Agency.
In subsection (1)(b), “company” has the same meaning as in Part 5 of the Local Government and Housing Act 1989.
If it appears to the appropriate authority that an enactment (whenever passed or made), other than section 93(2) or 95(2), prevents or obstructs relevant authorities— the appropriate authority may by order amend, repeal, revoke or disapply the enactment.
charging by agreement for the provision of a discretionary service, or
doing for a commercial purpose anything which they are authorised to do for the purpose of carrying on any of their ordinary functions,
The appropriate authority may by order amend, repeal, revoke or disapply an enactment (whenever passed or made), other than section 93, which makes in relation to a relevant authority provision for, or in connection with, power to charge for the provision of a discretionary service.
The power under subsection (1) or (2) to amend or disapply an enactment includes power to amend or disapply an enactment for a particular period.
An order under this section may be made in relation to—
all relevant authorities,
particular relevant authorities, or
particular descriptions of relevant authority.
An order under subsection (1)(b) may be made in relation to—
all things authorised to be done for the purpose of carrying on a particular function,
particular things authorised to be done for that purpose, or
particular descriptions of thing authorised to be so done.
An order under subsection (1)(b) may not be used to authorise a relevant authority to do in relation to a person anything which it is required to do in relation to him under its ordinary functions.
In exercising the power under subsection (1) or (2), the Secretary of State—
must not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and
must not make any provision in relation to legislation made by the National Assembly for Wales without the consent of the Assembly.
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Subject to subsection (10), no order shall be made by the Secretary of State under this section unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.
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An order under this section which is made by the Secretary of State only for the purpose of amending an earlier order under this section— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or
so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description,
In this section—
a parish meeting of a parish which does not have a separate parish council; or
Subject to sub-paragraph (2), a local authority may borrow money— A local authority may only borrow money (whether under sub-paragraph (1) or otherwise)— Sub-paragraph (2) does not apply— A local authority’s functions under this paragraph shall be discharged only by the authority.
The property, rights and liabilities which may be transferred by a transfer scheme under section 106 (“transfer scheme”) include property, rights and liabilities that would not otherwise be capable of being transferred or assigned. 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 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.
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 shall for all purposes be deemed to have come into force on that day with such modifications as may be agreed. An agreement under this paragraph may, in connection with giving effect to modifications to the scheme, include supplemental, incidental, consequential and transitional provision.
Stamp duty shall not be chargeable on— No such scheme, and no instrument or agreement which is certified as mentioned in sub-paragraph (1)(b), shall be taken to be duly stamped unless— Section 12 of the Finance Act 1895 (c. 16) shall not operate to require— and shall not apply in relation to any instrument on which, by virtue of sub-paragraph (1), stamp duty is not chargeable.
Where a local authority meets any expenditure by borrowing, it shall in each 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. 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. Sub-paragraph (1) has effect subject to sub-paragraph (4) if— 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 different financial years in order to take account of the terms on which its advance falls to be repaid.
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 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).
A transfer scheme may contain provision—
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,
for the creation in favour of the Service of an interest in or right over property retained by the transferor,
for the creation of any rights or liabilities as between the transferor and the Service,
for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against the transferor or the Service, or
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.
A transfer scheme may include such supplemental, incidental, consequential and transitional provision as the Secretary of State considers appropriate.
The Local Government Act 2000 is amended as follows.
The Social Security Administration Act 1992 is amended as follows.
In section 1(3) of the Local Government (Contracts) Act 1997 (local authorities for the purposes of the Act), in paragraph (a), for “Part IV of the Local Government and Housing Act 1989” there is substituted “Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)”.
In section 81 of the Government of Wales Act 1998 (statement of estimated payments), for subsection (2) there is substituted—
In section 21(10) of the Local Government Act 2000 (which provides that, subject to provision made by or under paragraphs 7 and 9 of Schedule 1 to that Act, members of an overview and scrutiny committee of a local authority who are not members of the authority may not vote at meetings of the committee), at the end there is inserted “, unless permitted to do so under paragraph 12 of that Schedule”.
“constituent council” means—
“highway functions” means functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority;
Section 3 (limits on power to promote well-being) is amended as follows. After subsection (3) there is inserted— At the beginning of subsection (4) (duty to consult) there is inserted “ Subject to subsection (4A), ”. After that subsection there is inserted—
In section 134(2) (forms that may be taken by the rent rebates and allowances referred to since 1st April 1997 in subsections (1A) and (1B) instead of subsection (1)), for “subsection (1)” substitute “subsections (1A) and (1B)”. Sub-paragraph (1) shall be deemed to have come into force on 1st April 1997.
In section 9 (procedures for orders under section 5 or 6), after subsection (7) there is inserted—
In section 140B (calculation of rent rebate subsidy, rent allowance subsidy and council tax benefit subsidy), the following are omitted—
the second sentence of subsection (2) (Housing Revenue Account rebates paid by housing authority in England and Wales not relevant benefit for purpose of determining amount of subsidy), and
subsection (7) (section not to be taken as implying that additions and deductions may not be determined by reference to certain matters).
the Common Council of the City of London in its capacity as a local authority, or
Section 105 (orders and regulations) is amended as follows. At the beginning of subsection (6) (certain instruments subject to affirmative resolution procedure) there is inserted “ Subject to subsection (6A), ”. After subsection (6) there is inserted—
In section 140C (payment of subsidy), after subsection (1) there is inserted—
In section 140D (rent rebate subsidy: accounting provisions), the following are omitted—
subsection (1)(c) (accounting for rent rebate subsidy by development corporation in England and Wales), and
subsection (2) (treatment of Housing Revenue Account rebates).
In section 140G (interpretation of Part 8), in the definition of “Housing Revenue Account”, paragraph (b) (definition of Housing Revenue Account rebate) is omitted.
“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));
a body which is a local authority for the purposes of Part 1, or
Subject to subsection (10B), no order may be made by the Welsh Ministers under this section unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.
An order under this section which is made by the Welsh Ministers only for the purpose mentioned in subsection (10) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
Before making an order under section 97, the Secretary of State shall consult—
such relevant authorities as appear to him to be likely to be affected by his proposals, and
such other persons as appear to him to be representative of interests likely to be so affected.
If following consultation under subsection (1) ..., the Secretary of State proposes to make an order under section 97, he shall lay before each House of Parliament a document which—
explains his proposals,
sets them out in the form of a draft order, and
gives details of consultation under subsection (1), ...
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Where a document relating to proposals is laid before Parliament under subsection (2), no draft of an order under section 97 to give effect to the proposals (with or without modification) shall be laid before Parliament until after the expiry of the period of sixty days beginning with the day on which the document was laid.
In calculating the period mentioned in subsection (3), no account shall be taken of any time during which —
Parliament is dissolved or prorogued, or
either House is adjourned for more than four days.
In preparing a draft order under section 97 the Secretary of State shall consider any representations made during the period mentioned in subsection (3).
A draft order laid before Parliament in accordance with section 97(9) must be accompanied by a statement of the Secretary of State giving details of—
any representations considered in accordance with subsection (5), and
any changes made to the proposals contained in the document laid before Parliament under subsection (2).
Nothing in this section applies to an order under section 97 which is made only for the purpose mentioned in section 97(10).
In this section, “relevant authority” has the meaning given in section 97.
Before making an order under section 97, the Welsh Ministers must consult—
such relevant authorities as appear to them to be likely to be affected by their proposals, and
such other persons as appear to them to be representative of interests likely to be so affected.
If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 97, they must lay before the National Assembly for Wales a document which—
explains their proposals,
sets them out in the form of a draft order, and
gives details of the consultation under subsection (1).
Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 97 to give effect to the proposals (with or without modification) may be laid before the Assembly until after the expiry of the period of sixty days beginning with the day on which the document was laid.
In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly for Wales is dissolved or is in recess for more than four days.
In preparing a draft order under section 97 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).
A draft order laid before the National Assembly for Wales in accordance with section 97(10A) must be accompanied by a statement of the Welsh Ministers giving details of—
any representations considered in accordance with subsection (5), and
any changes made to the proposals contained in the document laid before the Assembly under subsection (2).
Nothing in this section applies to an order under section 97 which is made only for the purpose mentioned in section 97(10B).
In this section, “relevant authority” has the meaning given in section 97.
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The Audit Commission must from time to time produce a report on its findings in relation to the performance of English local authorities in exercising their functions.
A report under subsection (1) must (in particular) categorise each English local authority to which the report relates according to how the authority has performed in exercising its functions.
As regards each report produced under subsection (1), the Audit Commission—
must send a copy of the report to the Secretary of State, and
must publish the report.
Where the Secretary of State receives a report produced under subsection (1), he may by order make provision categorising the English local authorities to which the report relates in accordance with their categorisation in the report.
In making an order under subsection (4), the Secretary of State may depart from the categorisation in the report only for the purpose of correcting any clerical or typographical error in the report notified to him by the Audit Commission.
An order under subsection (4) may provide for the categorisation for which it provides to have effect—
from such time as may be specified by the order;
only for such period as may be specified by the order.
In this section—
“the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;
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to make orders under section 70 of the Local Government and Housing Act 1989 (c. 42);
to make orders under sections 4 to 6, 16 and 19 of the Local Government Act 1999 (c. 27);
to make orders under sections 3, 5 and 6 of the Local Government Act 2000 (c. 22);
to make orders under section 1 of the Regulatory Reform Act 2001 (c. 6);
to make orders under sections 95 to 97 of this Act;
to make regulations under section 119 of this Act.
Schedule 3 (which amends certain of the provisions conferring, or governing the exercise of, certain powers and does so for purposes of their exercise in relation to authorities, whether or not English local authorities, to which they apply) has effect.
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in relation to—
all the English local authorities in relation to which it is exercisable,
particular English local authorities, or
particular descriptions of English local authority;
differently in relation to different English local authorities or descriptions of English local authority.
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In exercising a power to contract with a person for the provision of services, a relevant authority must—
deal with matters affecting— in accordance with directions given to it by the appropriate person;
who will be the employer of existing staff if a contract is entered into and carried out, or
what will be the terms and conditions of employment of existing staff, or the arrangements for their pensions, if their employer changes as a result of a contract being entered into and carried out,
have regard to guidance issued to it by the appropriate person on matters relating to the employment or pensions of existing staff.
In subsection (1), references to existing staff, in relation to a contract for the provision of services, are to staff who before the contract is carried out are engaged in the provision of any of the services.
Where the provision of any services under a contract with a relevant authority for their provision is to cease in circumstances where they are to be provided instead by members of the authority’s staff, the authority shall comply with directions given to it by the appropriate person for the purpose of requiring it to offer employment to staff who, before the services cease to be provided under the contract, are engaged in the provision of any of the services.
The duties under Part 1 of the Local Government Act 1999 (c. 27) (best value) of a best value authority have effect subject to subsections (1) and (3).
The duties under sections 1 and 2 of the Local Government in Scotland Act 2003 (asp 1) (best value) of a relevant authority have effect subject to subsections (1) and (3).
Directions given, or guidance issued, for the purposes of subsection (1) or (3)—
may be addressed to—
all relevant authorities, or
authorities of a particular description;
may be different for different cases or authorities.
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a police authority established under section 3 of the Police Act 1996 (c. 16), or
a fire authority constituted by a combination scheme.
In this section, in relation to Scotland—
any subsequent period of 12 months beginning with 1st April.
The Service shall pay to its members such remuneration or allowances as the Secretary of State may determine. The Service shall, if so required by the Secretary of State— If— the Secretary of State may direct the Service to make a payment of such amount as he may determine.
Subject to the following provisions of this Schedule, the Service may regulate its own procedure (including quorum).
In this section, in relation to England and Wales, “ relevant authority ” means—
a best value authority;
a county council or county borough council in Wales;
a National Park authority for a National Park in Wales;
a fire and rescue authority in Wales, constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;
a parish council;
a parish meeting of a parish which does not have a separate parish council; or
a community council.
The appropriate person shall exercise his power to give directions under section 101(1) so as to secure that where a local authority is contracting with a person (“the contractor”) for the provision of services that are to be provided under a contract instead of by employees of the authority, it does so on terms—
that require the contractor, in the event of there being any transferring employees, to secure pension protection for each of them, and
that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.
For the purposes of subsection (1)—
“transferring employee” means an employee of the authority whose contract of employment becomes, by virtue of the application of the TUPE regulations in relation to what is done for the purposes of carrying out the contract between the authority and the contractor, a contract of employment with someone other than the authority, and
“pension protection” is secured for a transferring employee if after that change in his employer he has, as an employee of his new employer, rights to acquire pension benefits and those rights— those that he had as an employee of the authority.
are the same as, or
under the directions count as being broadly comparable to or better than,
The appropriate person shall exercise his power to give directions under section 101(1) so as to secure that where— the authority contracts with the subsequent contractor on terms satisfying the requirements of subsection (4).
a local authority has contracted with a person (“the first contractor”) for the provision of services,
the application of the TUPE regulations in relation to what was done for the purposes of carrying out the contract between the authority and the first contractor resulted in employees of the authority (“the original employees”) becoming employees of someone other than the authority, and
the authority is contracting with a person (“the subsequent contractor”) for the provision of any of the services,
Those requirements are that the terms—
require the subsequent contractor, in the event of there being any transferring original employees, to secure pension protection for each of them, and
so far as relating to the securing of pension protection for an original employee, are enforceable by the employee.
For the purposes of subsection (4)—
“transferring original employee” means an original employee—
whose contract of employment becomes, by virtue of the application of the TUPE regulations in relation to what is done for the purposes of carrying out the contract between the authority and the subsequent contractor, a contract of employment with someone other than his existing employer, and
whose contract of employment on each occasion when an intervening contract was carried out became, by virtue of the application of the TUPE regulations in relation to what was done for the purposes of carrying out the intervening contract, a contract of employment with someone other than his existing employer;
“pension protection” is secured for a transferring original employee if after the change in his employer mentioned in paragraph (a)(i) he has, as an employee of his new employer, rights to acquire pension benefits and those rights— those that he had before that change.
are the same as, or
under the directions count as being broadly comparable to or better than,
In subsection (5)(a)(ii), “intervening contract” means a contract with the authority for the provision, at times after they are provided under the contract with the first contractor and before they are to be provided under a contract with the subsequent contractor, of the services to be provided under the contract with the subsequent contractor.
Any expression used in this section, and in the TUPE regulations, has in this section the meaning that it has in the TUPE regulations.
In this section, in relation to Scotland—
In this section, in relation to England, “ local authority ” means—
a county council in England, a district council, a London borough council, a parish council or a parish meeting of a parish which does not have a separate parish council;
the Council of the Isles of Scilly;
the Common Council of the City of London in its capacity as a local authority; and
the Greater London Authority so far as it exercises its functions through the Mayor.
In this section, in relation to Wales, “local authority” means—
a county council, county borough council or community council in Wales;
a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021.
In this section,
The Secretary of State may by order provide that in 2004— shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.
the ordinary day of election of councillors for—
all local government areas in England, or
all local government areas in England, except parishes, and
the day on which the poll is to be held at the second ordinary election under the Greater London Authority Act 1999 (c. 29),
Where the Secretary of State makes an order under subsection (1), he may by order—
make provision modifying, in relation to elections in England in 2004—
section 89(1) or (2) of the Local Government Act 1972 (c. 70) (holding of elections to fill casual vacancies in the office of councillor for a principal area), or
rules made for the purposes of section 89(6) of that Act (which provides for casual vacancies in the office of parish councillor to be filled in accordance with rules under section 36 of the Representation of the People Act 1983 (c. 2));
make provision disapplying section 16(1) of the Representation of the People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an election of parish councillors where the date of the poll at a European Parliamentary general election and the ordinary day of election for councillors in England and Wales are the same) in relation to elections in England in 2004;
make such provision as he thinks fit for the purpose of enabling the annual meeting in 2004 of an authority to which subsection (3) applies to be held after the date of the poll at the European Parliamentary general election.
This subsection applies to—
any of the following for which 2004 is not a year of ordinary elections of councillors to the council—
a county council in England,
a district council, and
a parish council;
an authority established by Part 4 of the Local Government Act 1985 (c. 51) (joint authorities);
a police authority established under section 3 of the Police Act 1996 (c. 16);
the Metropolitan Police Authority.
Where the National Assembly for Wales makes an order under section 104, the Secretary of State may by order make in relation to elections in England such consequential provision, including provision excluding or modifying the application of any enactment, as he thinks fit.
Before making an order under this section, the Secretary of State must consult—
the Electoral Commission, and
such other persons or bodies as he considers appropriate.
Subsection (5) may be satisfied by consultation before, as well as by consultation after, the commencement of this section.
In subsection (1)—
In subsection (4) “enactment” includes an enactment comprised in secondary legislation within the meaning of the Interpretation Act 1978 (c. 30).
The National Assembly for Wales may by order provide that in 2004 the ordinary day of election of councillors for— shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.
all local government areas in Wales, or
all local government areas in Wales, except communities, or
all communities,
Where the Assembly makes an order under subsection (1), it may by order—
make provision modifying, in relation to elections in Wales in 2004—
section 89(1) or (2) of the Local Government Act 1972 (c. 70) (holding of elections to fill casual vacancies in the office of councillor for a principal area), or
rules made for the purposes of section 89(6) of that Act (which provides for casual vacancies in the office of community councillor to be filled in accordance with rules under section 36 of the Representation of the People Act 1983);
make provision disapplying section 16(1) of the Representation of the People Act 1985 (c. 50) (which postpones for 3 weeks the poll at an election of community councillors where the date of the poll at a European Parliamentary general election and the ordinary day of election for councillors in England and Wales are the same) in relation to elections in Wales in 2004.
Where the Secretary of State makes an order under section 103, the National Assembly for Wales may by order make in relation to elections in Wales such consequential provision, including provision excluding or modifying the application of any enactment, as it thinks fit.
Before making an order under this section, the National Assembly for Wales must consult—
the Electoral Commission, and
such other persons or bodies as it considers appropriate.
Subsection (4) may be satisfied by consultation before, as well as by consultation after, the commencement of this section.
In subsection (1), “local government area” has the same meaning as in the Representation of the People Act 1983 (c. 2).
In subsection (3) “enactment” includes an enactment comprised in secondary legislation within the meaning of the Interpretation Act 1978 (c. 30).
There shall be a body corporate to be known as the Valuation Tribunal Service (referred to in this section, section 106 and Schedules 4 and 5 as “the Service”).
The Service shall have the following functions in relation to the Valuation Tribunal for England (referred to in this section and Schedule 4 as “the Tribunal”)—
providing, or arranging for the provision of, the services required for the operation of the Tribunal, in particular—
accommodation,
staff (including the clerk of the Tribunal),
information technology,
equipment, and
training for members and staff of the Tribunal (including the clerk of the Tribunal);
giving general advice about procedure in relation to proceedings before the Tribunal.
making payments in accordance with paragraph A14 or A18A(8) of Schedule 11 to the Local Government Finance Act 1988;
The Service shall provide the Secretary of State with such information, advice and assistance as he may require.
The Service may do anything which it considers is calculated to facilitate, or is conducive or incidental to, the carrying-out of its functions.
The Service shall carry out its functions with respect to the Tribunal in the manner which it considers best calculated to secure its efficient and independent operation.
The Service shall, in relation to its functions with respect to the Tribunal, consult the President of the Tribunal about the carrying-out of its functions.
The Secretary of State may—
after consultation with the Service, give directions to it for the purpose of securing the effective carrying-out of its functions, and
issue guidance to the Service about the carrying-out of its functions.
The Service shall, in carrying out its functions—
comply with any directions under subsection (7)(a), and
have regard to any guidance under subsection (7)(b).
Schedule 4 (which makes further provision about the Service) has effect.
The Secretary of State may make one or more schemes for the transfer to the Service of— as appear to him to be appropriate to be transferred for the performance of the Service’s functions.
such of his property, rights and liabilities, or
such of the property, rights and liabilities of a valuation tribunal in England,
On the day appointed by a transfer scheme for the coming into force of the scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this subsection, be transferred in accordance with the provisions of the scheme.
Schedule 5 (which makes further provision in relation to transfer schemes) has effect.
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The Audit Commission Act 1998 (c. 18) is amended as follows.
In section 11(4) (body subject to audit must consider section 8 report or section 11(3) recommendation within four months of its being sent), for “four months” there is substituted “one month”.
In section 11(6) (auditor’s power to extend time limit), for “four months” there is substituted “one month”.
In section 11A(8) (Mayor and Assembly must consider section 8 report or section 11(3) recommendation within four months of its being sent to the Greater London Authority), for “four months” substitute “one month”.
In section 11A(9) (auditor’s power to extend time limit), for “four months” there is substituted “one month”.
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After section 41 of the Audit Commission Act 1998 there is inserted—
In section 52(1) of that Act (orders and regulations to be made by statutory instrument), after “the Secretary of State” there is inserted “or the National Assembly for Wales”.
In paragraph 8(2) of Schedule 1 to that Act (categories of function in respect of which Commission must over time balance income and expenditure), after paragraph (c) there is inserted—.
After paragraph 8 of that Schedule there is inserted—
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In Schedule 1 to the Audit Commission Act 1998 (c. 18) (which makes provision about the Commission’s financial affairs), in paragraph 11(5) (which defines “financial year” for the purposes of the Schedule as the 12 months ending with 31st October in any year) for “31st October” there is substituted “31st March”.
Subsection (1) shall apply in relation to financial years of the Commission beginning after the one in which this section comes into force.
In relation to the financial year of the Commission in which this section comes into force, Schedule 1 to the Audit Commission Act 1998 shall have effect as if the period referred to in paragraph 11(5) were a period beginning with the 1st November on which the year began and ending with the 31st March 17 months later.
In this section, “the Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales.
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In Chapter 1 of Part 3 of the Local Government Act 2000 (conduct of local government members), after section 54 there is inserted—
In Chapter 5 of that Part (conduct in local government: supplementary), after section 82 there is inserted—
In section 5 of the Local Government and Housing Act 1989 (c. 42) (designation etc. of monitoring officers), after subsection (7) there is inserted—
In paragraph 4(1) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000 (c. 41) (matters that are not donations), after paragraph (a) there is inserted—.
In sub-paragraph (1)(aa)— “employee” and “employer”— “local authority” means a local authority in any part of the United Kingdom, including the Common Council of the City of London but excluding a parish or community council; “working hours” of an employee— “qualifying business”, in relation to a body, means—
Subsections (1) and (2) shall be deemed to have come into force on 16th February 2001.
The Electoral Commission shall remove from the register kept by it under section 69 of the Political Parties, Elections and Referendums Act 2000 (c. 41) any entry that they would not have been required to make had subsections (1) and (2) actually been in force throughout the period beginning with 16th February 2001 and ending with the passing of this Act.
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A local authority may conduct a poll to ascertain the views of those polled about—
any matter relating to—
services provided in pursuance of the authority’s functions, or
the authority’s expenditure on such services.
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It shall be for the local authority concerned to decide—
who is to be polled, and
how the poll is to be conducted.
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.
This section is without prejudice to any powers of a local authority exercisable otherwise than by virtue of this section.
In this section, “local authority” means—
in relation to England—
a county council;
a district council;
a London borough council;
the Greater London Authority;
the Common Council of the City of London in its capacity as a local authority;
the Council of the Isles of Scilly, and
in relation to Wales, a county council or a county borough council.
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.
It does not matter for the purposes of subsection (1) whether the enactment itself relates to the accounts of a local authority.
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.
In this section—
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 ”.
After Schedule 12A to that Act there is inserted—
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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 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.
An authority in England and Wales to which fixed penalties are payable in pursuance of notices under— may use any sums it receives in respect of fixed penalties payable to it in pursuance of such notices only for the purposes of functions of its that are qualifying functions.
section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter), or
section 4 of the Dogs (Fouling of Land) Act 1996 (c. 20) (fixed penalty notices for not removing dog faeces),
The following are qualifying functions for the purposes of this section—
functions under Part 4 of the Environmental Protection Act 1990 (litter etc.),
functions under the Dogs (Fouling of Land) Act 1996, and
functions of a description specified in regulations made by the appropriate person.
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.
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.
The appropriate person may by regulations—
make provision for what an authority is to do with its fixed-penalty receipts—
pending their being used for the purposes of qualifying functions of the authority;
if they are not so used before such time after their receipt as may be specified by the regulations;
make provision for accounting arrangements in respect of an authority’s fixed-penalty receipts.
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.
Before making regulations under this section, the appropriate person must consult—
the authorities to which the regulations are to apply, and
such other persons as the appropriate person considers appropriate.
Section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (regulation of tattooing, ear-piercing and electrolysis businesses) is amended as follows.
In subsection (1) (requirement for person carrying on business to be registered), for paragraph (b) (ear-piercing) there is substituted— (and in the side-note for “ear-piercing” there is substituted “ semi-permanent skin-colouring, cosmetic piercing ”).
In subsection (2) (requirement to register premises where business carried on)—
for “ear-piercing” there is substituted “ semi-permanent skin-colouring, cosmetic piercing ”, and
for “pierce their ears” there is substituted “ carry out semi-permanent skin-colouring on them, pierce their bodies ”.
In subsection (5) (local authority may not require particulars about individuals whose ears have been pierced etc.), for “or whose ears he has pierced” there is substituted “ , whose bodies he has pierced or on whom he has carried out semi-permanent skin-colouring ”.
After subsection (8) there is inserted—
Schedule 6 (which makes provision about transition) has effect.
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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
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).
Section 2A of the Local Government Act 1986 (c. 10) (local authorities prohibited from promoting homosexuality) ceases to have effect.
Any power to make orders or regulations under this Act includes power—
to make different provision for different cases or areas, and
to make incidental, supplementary, consequential or transitional provision or savings (including provision amending or repealing any enactment or instrument made under any enactment).
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).
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.
No— 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 approved by a resolution of, each House of Parliament.
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
regulations under this Act which, in exercise of that power to make incidental or supplementary provision, amend or repeal any such enactment,
Any power to make orders or regulations under this Act is exercisable by statutory instrument.
A statutory instrument that— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
contains an order or regulations under this Act, and
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,
Subsection (6) does not apply to a statutory instrument containing an order or regulations made by the National Assembly for Wales.
This section does not apply to orders under section 128.
In this Act—
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.
There shall be paid out of money provided by Parliament—
any expenditure under this Act of a Minister of the Crown or government department, and
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
Any sums received under this Act by a Minister of the Crown shall be paid into the Consolidated Fund.
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.
Schedule 7 (minor and consequential amendments) has effect.
The enactments and instruments specified in Schedule 8 are hereby repealed or revoked to the extent specified there.
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.
In this section, “Act” includes a private or local Act.
The following provisions shall come into force on the day on which this Act is passed—
this section and sections 30, 34, 35, 72, 73, 103, 104, 110, 114, 121, 123, 124 and 129;
paragraphs 7, 9(1), 24(1), (2) and (5), 25(1), 28, 33(1), 34, 35, 40, 51(1), 55 and 60 of Schedule 7, and section 127(1) so far as relating thereto;
Schedule 8, so far as relating to— and section 127(2) so far as relating thereto.
the Fire Services Act 1947 (c. 41),
the Fire Services Act 1959 (c. 44),
Schedule 9 to the Local Government Finance Act 1988 (c. 41), and
paragraph 80(1) of Schedule 13 to the Local Government Finance Act 1992 (c. 14),
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—
Chapter 1 of Part 3;
sections 38 and 39, so far as relating to England;
Part 6, except sections 75(2) to (5) and 83;
sections 87, 88, 91, 93 to 98, 113, 116 and 122;
paragraphs 41 to 48, 49(a), 50(a), 52 to 54 and 81 of Schedule 7, and section 127(1) so far as relating thereto;
Schedule 8, so far as relating to— and section 127(2) so far as relating thereto.
section 2A of the Local Government Act 1986 (c. 10),
section 28 of the Local Government Act 1988 (c. 9),
Part 4 of Schedule 4 to the Local Government and Housing Act 1989 (c. 42),
section 25 of the Local Government Finance Act 1992,
paragraphs 96 and 97 of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19),
paragraph 5 of Schedule 1 to the Education Act 1996 (c. 56),
paragraph 13 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31),
section 31 of the Local Government Act 1999 (c. 27) and section 136(1) of the Greater London Authority Act 1999 (c. 29), and
section 104 of the Local Government Act 2000 (c. 22),
The following provisions shall come into force on such day as the Secretary of State may by order appoint—
sections 62(2) and (11), 65, 70(4) to (6), 83, 92(1), 99, 100(1), (2) and (4) to (8), 105 to 108, 109(3) and (4), 111, 112, 115 and 125;
section 101, 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;
section 109(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);
Schedules 4 and 5;
paragraphs 1, 10, 11, 20, 21, 24(3), 25(4) to (6), 26(3), 27, 31, 33(2) and (4), 36 to 39, 65, 68 to 78 and 80 of Schedule 7, and section 127(1) so far as relating thereto;
Schedule 8, so far as consequential on any of the provisions mentioned in paragraphs (a) to (e), and section 127(2) so far as relating thereto.
The following provisions shall come into force on such day as the National Assembly for Wales may by order appoint—
sections 38 and 39, so far as relating to Wales;
sections 40, 61(6) and (7), 63, 70(7) to (9), 75(2) to (5) and 92(2);
section 101, so far as relating to a best value authority in Wales, other than one mentioned in subsection (7) of that section;
section 109(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 109(2);
Schedule 2;
paragraphs 5, 9(2), 12 to 17, 22, 24(4), 25(2) and (3), 49(b), 50(b), 51(2), 56 to 58, 66(2), 67 and 79 of Schedule 7, and section 127(1) so far as relating thereto;
Schedule 8 so far as— and section 127(2) so far as relating thereto.
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
consequential on any of the provisions mentioned in paragraphs (a) to (f),
So far as relating to Scotland, sections 101 and 102 shall come into force on such day as the Scottish Ministers may by order appoint.
The remaining provisions of this Act—
so far as relating to England, shall come into force on such day as the Secretary of State may by order appoint, and
so far as relating to Wales, shall come into force on such day as the National Assembly for Wales may by order appoint.
Power to make orders under this section is exercisable by statutory instrument.
Orders under this section may make different provision for different purposes.
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.
This Act may be cited as the Local Government Act 2003.
Subject to the following provisions, this Act extends to England and Wales only.
Sections 83(2), 101 and 102 extend also to Scotland.
The following provisions extend also to Scotland, Northern Ireland and Gibraltar—
sections 103, 104 and 128,
this section, and
paragraph 7(2) of Schedule 7, and section 127(1) so far as relating thereto.
Section 114 extends also—
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
to Northern Ireland.
Each of sections 123 and 124, so far as relating to any other provision of this Act, has the same extent as that other provision.
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.
Subsection (7) does not apply to—
sections 85, 113(3), 114 and 121(a),
paragraphs 8 and 53 of Schedule 7, and
the entries in Schedule 8 relating to—
the Fire Services Act 1947 (c. 41),
section 7(1) of the Fire Services Act 1959 (c. 44), and
section 33 of the Local Government Act 1988 (c. 9).
Section 19
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
The following are local authorities for the purposes of this Schedule—
a parish council;
a community council;
charter trustees.
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.
Anything done by or in relation to the transferor for the purpose of or in 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. A transfer does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
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.
This paragraph applies where an authority has before the coming into force of section 120 passed a resolution that provides, or resolutions that between them provide, for section 15 of the Local Government (Miscellaneous Provisions) Act 1982 to apply to the authority’s area in relation to all of the existing descriptions of person. Section 13 of that Act shall have effect for the purpose of enabling the authority to bring section 15 of that Act into force in its area— In sub-paragraph (1), the reference to the existing descriptions of person is to the descriptions of person specified in section 15(1) of that Act immediately before the coming into force of section 120.
In section 2(2) of the Public Works Loans Act 1967 (local loans), for “section 43 of the Local Government and Housing Act 1989” there is substituted “section 1 of the Local Government Act 2003”.
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.
The Local Government Finance Act 1988 is amended as follows. Paragraphs 12 to 17 and 22 apply in relation to the financial year beginning on 1st April 2004 and subsequent financial years.
The Local Government Finance Act 1992 is amended as follows.
In section 122(4) of the Housing Act 1996 (which makes provision about the determination of rent allowance subsidy under section 140B of the Social Security Administration Act 1992 (c. 5))— Sub-paragraph (1) shall be deemed to have come into force on 1st July 1997.
In Schedule 1 to the Audit Commission Act 1998 (which makes provision about the Commission’s financial affairs)—
in paragraph 9(6), for “March” there is substituted “June”, and
in paragraph 11(3), for “31st March” there is substituted “30th June”.
The Greater London Authority Act 1999 is amended as follows.
In section 3(9) of the Homelessness Act 2002 (public’s rights to inspect each document published under section 3 and to obtain copies)—
in paragraph (a), for “each document published under” there is substituted “everything published under section 1 or”, and
in paragraph (b), for “a document” there is substituted “anything”.
There may be continued by or in relation to the Service anything (including 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.
In section 47 (discretionary relief), in subsections (1)(b) and (5), for “section 58” there is substituted “section 57A or 58”.
In section 11(2) (discounts), for “section 12” there is substituted “sections 11A and 12”.
Section 52 (meetings of the London Assembly) is amended as follows. After subsection (4) there is inserted— In subsection (6)(b) (notice of meeting under subsection (3) to be given at least 28 clear days before meeting), for “28” there is substituted “14”. Subsection (7) (notice of meeting not to be given during currency of a notice already given) is omitted.
The Service shall be substituted for the transferor in any document relating to anything transferred.
In section 49 (reduction or remission of liability), in subsection (3), for “section 58” there is substituted “section 57A or 58”.
In section 13(3) (reduced amounts), after “section 11” there is inserted “, 11A”.
In section 85 (calculation by Greater London Authority of budget requirements), for subsection (9) there is substituted—
Section 76 shall become Chapter 1 of Part 5, entitled “General”.
In section 17 (completion of new dwellings), in subsection (4) (which defines the date to be taken as the completion date)— This paragraph has effect in relation to any completion notice under Schedule 4A to the Local Government Finance Act 1988 (c. 41) (new buildings: completions days), as applied by section 17 of the Local Government Finance Act 1992 (c. 14), which—
Sections 112 to 118 (credit approvals) cease to have effect.
Sections 78 to 84C shall become Chapter 2 of Part 5, entitled “Revenue support grant: England”.
In section 21 (valuations for purposes of lists), in subsection (2) (basis of valuations), for “1st April 1991” there is substituted “the appropriate date” and after that subsection there is inserted—
Section 119 (power to redistribute capital receipts of functional bodies) is amended as follows. In subsection (2), for “expenditure for capital purposes” there is substituted “capital expenditure”. In subsection (3)—
In the Chapter 2 so formed, at the beginning there is inserted—
In section 22(2) (when valuation list comes into force), for the words from “and” to the end there is substituted “, shall come into force on that day and shall remain in force until a new list for the authority is compiled under section 22B below”.
In section 120 (capital grants between the Greater London Authority and functional bodies), for “expenditure for capital purposes”, in each place where it occurs, there is substituted “capital expenditure”.
In sections 78(1) and 78A(2) (which refer to revenue support grant being payable under the Part), for “Part” there is substituted “Chapter”.
In section 24 (alteration of lists), in subsection (9)(b), for “or 22A(10)” there is substituted “, 22A(10) or 22B(10)”.
In section 121 (revenue grants between the Greater London Authority and functional bodies), for “expenditure for capital purposes”, in each place where it occurs, there is substituted “capital expenditure”.
Section 85, together with the sections in Part 5 that follow that section, shall become Chapter 4 of that Part, entitled “Other grants”.
Section 25 (compilation and maintenance of new lists) ceases to have effect.
Section 122 (Mayor’s capital spending plan for each functional body) is amended as follows. In subsection (3)(c), for “usable part of the body’s capital receipts is” there is substituted “body’s capital receipts are”. In subsection (4) (content of section B of the plan), for paragraphs (b) to (d) there is substituted— In subsection (5) (content of section C of the plan)— In subsection (6) (content of section D of the plan), for paragraph (c) there is substituted—.
In section 85(2) (which refers to additional grant being payable under the Part), for “Part” there is substituted “section and section 86 below”.
In section 28 (information about lists)—
in subsection (2)(a), for “or 22A(10)” there is substituted “, 22A(10) or 22B(10)”, and
in subsection (3)(a), after “22(6)” there is inserted “or 22B(8)”.
In section 123 (preparation of capital spending plan), for subsection (1) there is substituted—
In section 88 (transport grants: supplementary), in subsections (4) and (6), for the words from “expenditure for” to “1989” there is substituted “capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)”.
In section 66(2) (matters subject only to judicial review), in paragraph (b) (determinations)—
after “8(2)” there is inserted “, 11A”, and
for “12(1)” there is substituted “12”.
Section 124 (admissible factors in preparing capital spending plan etc.) is amended as follows. In subsection (2), for paragraph (b) there is substituted—. In subsection (4)—
In section 90 (payments to and from collection funds), in subsection (1)(d), for “or regulations” there is substituted “, under regulations made for the purpose mentioned in paragraph 4(7) of that Schedule or under regulations”.
In section 67 (functions to be discharged only by the authority), in subsection (2)(a) (making of determination)—
after “8(2)” there is inserted “, 11A”, and
for “12(1)” there is substituted “12”.
Section 126 (interpretation of Chapter 4) is amended as follows. For subsection (1) there is substituted— In subsection (2), for the words from “Part IV” to “section 48” there is substituted “Chapter 1 of Part 1 of the Local Government Act 2003 (see section 7”.
In section 138 (judicial review), in subsection (2)(j), after “multiplier” there is inserted “or small business non-domestic rating multiplier”.
Section 69 (interpretation of Part 1) is amended as follows. In subsection (1), the definition of “revenue support grant” is omitted. After subsection (2) there is inserted—
In section 139 (functions to be discharged only by authority), in subsection (2)(d), after “multiplier” there is inserted “or small business non-domestic rating multiplier”.
Section 113 (orders and regulations) is amended as follows. In each of subsections (1) and (2) (powers to make regulations or orders under the Act include power to make differential and incidental etc. provision), for “or the Treasury” there is inserted “, the Treasury or the National Assembly for Wales”. In subsection (2), for “or they think” there is substituted “, they or it thinks”. In subsection (3) (instruments subject to negative resolution), in paragraph (a) (exceptions), after “11(3),” there is inserted “22B(3)(a),”. After subsection (3) there is inserted—
In section 140(2) (Parts 3 and 5 of the Act to apply, and be administered, separately in England and Wales)—
in paragraph (c), at the end there is inserted “and”,
paragraph (d) is omitted, and
in paragraph (e), the words “section 84A above or” are omitted.
Schedule 2 (administration) is amended as follows. In paragraph 8 (exempt dwellings etc.)— At the end there is inserted—
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,”.
In Schedule 4 (enforcement), at the end there is inserted—
Section 143 (orders and regulations) is amended as follows. In subsection (3), for “(9A)” there is substituted “(9AA)”. In subsection (4), for “58” there is substituted “57A”. After that subsection there is inserted— After subsection (9A) there is inserted—
In Schedule 13 (minor and consequential amendments), in paragraph 80 (amendments of section 143 of the Local Government Finance Act 1988)—
sub-paragraph (1) is omitted, and
in sub-paragraph (2), for “that section” there is substituted “section 143 of that Act (orders and regulations)”.
Schedule 7 (non-domestic rating multipliers) is amended as follows. Sub-paragraph (13) above does not apply to orders made by the National Assembly for Wales. An order made under sub-paragraph (3) above by the National Assembly for Wales (including an order amending or revoking another) is effective in relation to a particular financial year only if it is made— 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. A calculation made by the Assembly under this paragraph for a financial year beginning in or after 2004 is invalid unless one or both of the following conditions is fulfilled— In paragraph 9 (special authority’s non-domestic rating multiplier), in sub-paragraph (4), in the definition of A, after “year” there is inserted “so far as relating to England”. Where a special authority has set multipliers for a financial year (whether originally or by way of substitute) it may set multipliers in substitution if, and only if, they have been quashed. In paragraphs 10(2) and 11(1), after “9” there is inserted “or 9A”.
Schedule 8 (non-domestic rating: pooling) is amended as follows. In paragraph 2(2) (debits to the non-domestic rating account), in paragraph (a), after “(14) below” there is inserted “, under regulations made for the purpose mentioned in paragraph 4(7) below”. In paragraph 4(3) (contributions by special authorities), for paragraph (a) there is substituted—
In Schedule 11 (valuation tribunals)—
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 substituted—;
in paragraph 6(1) (staff), after “paragraph 1 above” there is inserted “, so far as relating to Wales,”; and
in paragraph 7(1) (accommodation and equipment), after “paragraph 1 above” there is inserted “, so far as relating to Wales,”.
functions of a police and crime commissioner exercisable by the mayor for the area of the combined authority or CCA, and
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 for which it is authorised by or under any enactment to borrow money. 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.
Section 40
In Part 5 of the Local Government Finance Act 1988 (c. 41) (grants), after section 84C there is inserted—
In Schedule 8 to the Local Government Finance Act 1988 (c. 41) (non-domestic rates: pooling), Part 3 (distribution of non-domestic rates to be dealt with in local government finance reports) is amended as follows. In paragraph 8(2) (meaning of “local government finance report” in Part 3 of the Schedule), after “section 78A” there is inserted “ or 84G ”. In paragraph 9(4) (distributable amount to be stated in local government finance report), at the end there is inserted “ , subject to paragraph 9A below. ” After paragraph 9 there is inserted— In paragraph 11(1)(a) (paragraph applies where distributable amount specified in accordance with paragraph 9), for “paragraph 9” there is substituted “ paragraphs 9 and 9A(2) ”. After paragraph 11 there is inserted— In paragraph 12(1) (duty to pay amounts calculated under paragraph 11(3)), after “11(3)” there is inserted “ or 11B(3) ”. In paragraph 12, in each of sub-paragraphs (3) and (5) (cases where recalculation shows different amount to be due)— After paragraph 14 there is inserted— In paragraph 15(1) (paragraph applies where calculation made under paragraph 14(1) or (2)), after “14(1) or (2)” there is inserted “ or 14A(2) or (4) ”. In paragraph 15(6) (meaning of “the relevant previous calculation”)—
Section 100
“CCA” means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;
The Local Government and Housing Act 1989 is amended as follows.
In section 67 (orders under Part 5), at the end there is inserted—
In section 70 (requirements for companies under control or subject to influence of local authorities), at the end there is inserted—
“billing authority” means—
The Local Government Act 1999 is amended as follows.
A person shall be disqualified for being appointed as a member of the Service if— Where a person is disqualified under sub-paragraph (1)(c) because a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease— Where a person is disqualified under sub-paragraph (1)(c) because of his having made a composition or arrangement with, or granted a trust deed for, his creditors, the disqualification shall cease— For the purposes of sub-paragraph (1)(d), the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution. In sub-paragraph (1)(d), the reference to a qualifying sentence is to a sentence of imprisonment for a period of not less than three months (whether suspended or not) without the option of a fine.
The Service shall have a chief executive. Appointments to the position of chief executive shall be made as follows— The appointment under sub-paragraph (2)(a) shall be made after consultation with the chairman of the Service (or the person proposed to be appointed as such). Appointments under sub-paragraph (2)(b) shall be made with the consent of the Secretary of State. References in this Schedule, except paragraph 8(1), to the employees of the Service include references to its chief executive.
The Service may, to such extent as it may determine, delegate any of its functions to any committee of the Service or to any employee of the Service. Any such committee may, to such extent as it may determine, delegate any function conferred on it to any of its sub-committees or to any employee of the Service. Any sub-committee of the Service may, to such extent as the sub-committee may determine, delegate any function conferred on the sub-committee to any employee of the Service. A delegation under this paragraph shall be made in writing.
Minutes shall be kept of proceedings of the Service and of the committees and sub-committees of the Service. Minutes of any such proceedings shall be evidence of those proceedings if they are signed by the person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record. Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2), those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.
Where an employee of a valuation tribunal becomes an employee of the Service under a transfer scheme—
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
for the purposes of that Act, his period of employment with the valuation tribunal counts as a period of employment with the Service and the change of employer does not break the continuity of his employment.
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.
This paragraph applies where immediately before the coming into force of section 120— The coming into force of section 120 shall not affect—
In this Schedule, except paragraph 2(1)(a) and 3(1), any reference to section 15 of the Local Government (Miscellaneous Provisions) Act 1982 includes a reference to section 16 of that Act so far as it has effect for the purposes of that section.
“local government area” has the same meaning as in the Representation of the People Act 1983 (c. 2);
In section 4(2)(b) (different performance indicators or standards may be specified for different authorities), after “different authorities” there is inserted “ or descriptions of authority ”.
The Service may appoint such employees as it may determine. The Service may pay to its employees such remuneration and allowances as it may with the consent of the Secretary of State determine. The Service may— References in sub-paragraph (3) to pensions or gratuities include references to pensions or gratuities by way of compensation to or in respect of employees who suffer loss of employment or loss or diminishment of emoluments.
Section 5 (best value reviews) is amended as follows. In subsection (2)(b) (orders specifying periods within which authorities are to conduct best value reviews may make different provision for different authorities), after “different authorities” there is inserted “ or descriptions of authority ”. After subsection (4) there is inserted—
The Service shall not appoint an employee to be the clerk of the Tribunal without the consent of the President of the Tribunal.
In section 6 (best value performance plans), after subsection (4) there is inserted—
Section 16 (power to modify enactments and confer new powers) is amended as follows. In subsection (1) (power to modify or exclude application of enactments in relation to best value authorities), for “in relation to those authorities” there is substitutedin relation to— any power After subsection (3) there is inserted— At the beginning of subsection (4) (order subject to affirmative resolution procedure) there is inserted “ Subject to subsection (4A), ”. After subsection (4) there is inserted—
In section 17 (orders under section 16: procedure), after subsection (6) there is inserted—
Section 19 (contracts: exclusion of non-commercial considerations) is amended as follows. for After subsection (2) there is inserted— At the beginning of subsection (3) (order subject to affirmative resolution procedure) there is inserted “ Subject to subsection (3A), ”. After subsection (3) there is inserted—
Section 105
a parish council;
The Service shall consist of not less than six and not more than ten members appointed by the Secretary of State. The Secretary of State must appoint the person who is for the time being President of the Tribunal as one of the members of the Service (unless that person is already a member of the Service). The Secretary of State shall appoint one of the members of the Service to be its chairman and another of them to be its deputy chairman. The Secretary of State shall exercise his power to appoint members of the Service to secure that at all times—
The Service may establish committees. Any committee established by the Service may establish one or more sub-committees. A person who is not a member of the Service may be appointed to a committee or a sub-committee of the Service. The Service may pay to members of its committees or sub-committees who are neither members nor employees of the Service such remuneration and allowances as the Secretary of State may determine.
A member of the Service who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Service shall disclose the nature of his interest to the meeting; and, where such a disclosure is made— If a member is not present at a meeting at which a matter in which he is interested is brought up for consideration, sub-paragraph (1) shall only apply to him if he was aware of the fact that the matter would be brought up for consideration at the meeting. For the purposes of sub-paragraph (1), a general notification given at a meeting of the Service by a member to the effect that he— shall be regarded as sufficient disclosure of his interest in relation to any such matter. A member need not attend in person at a meeting in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting. The Secretary of State may remove a disability under this paragraph subject to such conditions as he considers appropriate. The power of the Secretary of State under sub-paragraph (5) includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State. Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or voting on, any question whether any application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (5).
The application of the seal of the Service shall be authenticated by the signature of any member or employee of the Service who has been authorised for the purpose by the Service, whether generally or specially. Any document which the Service is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Service by any member or employee of the Service who has been authorised for the purpose by the Service, whether generally or specially. Every document purporting to be an instrument made or issued by or on behalf of the Service and to be duly executed under the seal of the Service, or to be signed or executed by a person authorised by the Service for the purpose, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown. In sub-paragraph (1), the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced, and “signed” in sub-paragraphs (2) and (3) shall be read accordingly.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation), the following entry is inserted at the appropriate place— “ Valuation Tribunal Service. ”
Paragraph 2(1)(c), (2) and (3) shall be taken to be within the definition of “provision” in section 268 of the Enterprise Act 2002 (power to remove bankruptcy disqualifications under pre-8th November 2002 provisions or extend them to, or replace them with disqualifications of, persons subject to bankruptcy restrictions regimes). That section shall apply in relation to paragraph 2(1)(c), (2) and (3) as if—
Paragraph 13 shall apply in relation to meetings of a committee or sub-committee of the Service as it applies in relation to meetings of the Service. In the application of paragraph 13 by virtue of this paragraph, references to a member of the Service shall be read as references to a member of a committee or sub-committee of the Service.
Section 106
Section 120
Section 127(1)
Section 127(2)
Short title and chapter Extent of repeal Fire Services Act 1947 (c. 41) Section 19(3) to (8). Fire Services Act 1959 (c. 44) In section 7, subsection (1) and, in subsection (2), paragraph (a). Local Government Act 1972 (c. 70) Section 137(4AA) and (4C). Stock Transfer Act 1982 (c. 41) In section 1(3)(b), the words from “section 43” to “powers)”. Housing Act 1985 (c. 68) In section 27AB, in subsection (7)(b)(iii), the words from the beginning to “companies),” and, in subsection (8), the definition of “associated”. Local Government Act 1986 (c. 10) Section 2A. Local Government Act 1988 (c. 9) Sections 28 and 33. Local Government Finance Act 1988 (c. 41) In section 53(4A), paragraph (b) and the word “and” at the end of paragraph (a). In section 140(2), paragraph (d) and, in paragraph (e), the words “section 84A above or”. Section 143(8) and (11). In Schedule 6, paragraph 3. In Schedule 9— in paragraph 5(2), the words from “if it” to “do so” and from “and within” to “is served”, and paragraph 5(3). Local Government and Housing Act 1989 (c. 42) Sections 39 to 66 and 80(2). In section 80(3), the words after paragraph (c). In section 155(4), the word “or” at the end of paragraph (ea). Schedule 3. In Schedule 4— in Part 1, item 5, in Part 2, item 4, and in Part 4, paragraph 3. In Schedule 5, in paragraph 37(2), the words “and (3)” and paragraphs 38(12) to (14) and 60. In Schedule 11, paragraphs 6, 7, 59 and 97. Environmental Protection Act 1990 (c. 43) Section 88(6)(a). Ports Act 1991 (c. 52) Section 29. Social Security Administration Act 1992 (c. 5) In section 140B(2), the second sentence. Sections 140B(7) and 140D(1)(c) and (2). In section 140EE(3)(a), the words “, (7)(b)”. In section 140G, in the definition of the “Housing Revenue Account”, paragraph (b) and the word “and” at the end of paragraph (a). Local Government Finance Act 1992 (c. 14) In section 11(3), the words “and section 12 below”. Sections 25, 32(11), 43(8), 50(6) and 52Z(3). In section 69(1), the definition of “revenue support grant”. In Schedule 10, paragraph 6(3). In Schedule 13, paragraphs 80(1), 84(2)(a) and 90. Local Government (Wales) Act 1994 (c. 19) In section 51(2), the definition of the expression “expenditure for capital purposes”. In Schedule 15, paragraph 30. In Schedule 16, paragraphs 88, 96 and 97. Police and Magistrates' Courts Act 1994 (c. 29) Section 30. Environment Act 1995 (c. 25) Section 73. In Schedule 8, paragraph 8(5). In Schedule 10, paragraph 31(2). Police Act 1996 (c. 16) In Schedule 7, in paragraph 1(2)(zd), the words “39(1)(j),”. Education Act 1996 (c. 56) In Schedule 1, paragraph 5. Social Security Administration (Fraud) Act 1997 (c. 47) In Schedule 1, paragraph 7(3) and (4). Local Government and Rating Act 1997 (c. 29) Section 2(6). Local Government Finance (Supplementary Credit Approvals) Act 1997 (c. 63) The whole Act. School Standards and Framework Act 1998 (c. 31) In Schedule 30, paragraph 13. Government of Wales Act 1998 (c. 38) In section 81(4), the words “, (2)(a)”. Access to Justice Act 1999 (c. 22) In Schedule 12, paragraph 5. Local Government Act 1999 (c. 27) Sections 22(2) and 31. Greater London Authority Act 1999 (c. 29) Sections 52(7), 108(2) and 111 to 118. In section 119(1) and (3)(b), the words “the usable part of”. In section 122(3)(b) and (6)(b), the words “the usable part of”. In section 124(4)(b), the words “the usable part of”. Section 136(1). Child Support, Pensions and Social Security Act 2000 (c. 19) In section 70(2)(a), the words “, (7)(b)”. Local Government Act 2000 (c. 22) Section 104. Rating (Former Agricultural Premises and Rural Shops) Act 2001 (c. 14) Section 1(4). Criminal Justice and Police Act 2001 (c. 16) In Schedule 6, in paragraph 53, sub-paragraph (a) and the word “and” at the end of that sub-paragraph.
Title Extent of revocation Avon Fire Services (Combination Scheme) Order 1995 (S.I. 1995/3127) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Cleveland Fire Services (Combination Scheme) Order 1995 (S.I. 1995/3131) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Humberside Fire Services (Combination Scheme) Order 1995 (S.I. 1995/3132) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. North Yorkshire Fire Services (Combination Scheme) Order 1995 (S.I. 1995/3133) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Leicestershire Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2912) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Wiltshire Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2916) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Staffordshire Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2917) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Bedfordshire Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2918) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Derbyshire Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2919) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Dorset Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2920) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Durham Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2921) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. East Sussex Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2922) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Hampshire Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2923) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Buckinghamshire Fire Services (Combination Scheme) Order 1996 (S.I. 1996/2924) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Berkshire Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2695) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Cambridgeshire Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2696) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Cheshire Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2697) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Devon Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2698) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Essex Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2699) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Hereford and Worcester Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2700) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Kent Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2701) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Shropshire Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2702) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Lancashire Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2760) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. Nottinghamshire Fire Services (Combination Scheme) Order 1997 (S.I. 1997/2761) In paragraph 6, in sub-paragraph (1), the words “constituted and administered in accordance with the provisions of Part IV” and, in sub-paragraph (2), the words “in accordance with the said provisions”. Paragraphs 20(2) and 21. National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) In Schedule 1, in the entry relating to the Local Government and Housing Act 1989, the sentence relating to section 80 of that Act.