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(a) this section and sections 30, 36, 37, 72, 103, 104, 112, 117, 118 and 123; | |
(b) paragraphs 7, 9(1), 25(1), 28, 33(1), 34, 35, 40, 50(1) and 56 of Schedule 6, | |
and section 121(1) so far as relating thereto. | |
(2) The following provisions shall come into force at the end of the period of two | |
months beginning with the day on which this Act is passed— | 5 |
(a) Chapter 1 of Part 3; | |
(b) sections 40 and 41, so far as relating to England; | |
(c) Part 6, except section 83; | |
(d) sections 87, 88, 91, 93 to 98 and 114; | |
(e) paragraphs 41 to 49, 51 to 53 and 75 of Schedule 6, and section 121(1) so | 10 |
far as relating thereto; | |
(f) Schedule 7, so far as relating to— | |
(i) Part 4 of Schedule 4 to the Local Government and Housing Act | |
1989 (c. 42), | |
(ii) sections 22(2) and 25 of the Local Government Finance Act 1992 | 15 |
(c. 14), | |
(iii) paragraphs 96 and 97 of Schedule 16 to the Local Government | |
(Wales) Act 1994 (c. 19), and | |
(iv) section 31 of the Local Government Act 1999 (c. 27) and section | |
136(1) of the Greater London Authority Act 1999 (c. 29), | 20 |
and section 121(2) so far as relating thereto. | |
(3) The following provisions shall come into force on such day as the Secretary of | |
State may by order appoint— | |
(a) sections 64(2) and (11), 66, 83, 92(1), 99, 100(1), (2) and (4) to (8), 105 to | |
111, 113 and 119; | 25 |
(b) section 101, so far as relating to England and so far as relating to a best | |
value authority in Wales mentioned in subsection (6) of that section; | |
(c) Schedules 4 and 5; | |
(d) paragraphs 1, 10, 11, 20, 21, 24(2), 25(4) to (6), 26(3), 27, 31, 33(2) and (4), | |
36 to 39, 61, 63 to 72 and 74 of Schedule 6, and section 121(1) so far as | 30 |
relating thereto; | |
(e) Schedule 7, so far as consequential on any of the provisions mentioned | |
in paragraphs (a) to (d), and section 121(2) so far as relating thereto. | |
(4) The following provisions shall come into force on such day as the National | |
Assembly for Wales may by order appoint— | 35 |
(a) sections 40 and 41, so far as relating to Wales; | |
(b) sections 42, 63(6) and (7), 65 and 92(2); | |
(c) section 101, so far as relating to a best value authority in Wales, other | |
than one mentioned in subsection (6) of that section; | |
(d) Schedule 2; | 40 |
(e) paragraphs 5, 9(2), 12 to 17, 22, 24(3), 25(2) and (3), 50(2), 54, 62 and 73 | |
of Schedule 6, and section 121(1) so far as relating thereto; | |
(f) Schedule 7 so far as— | |
(i) relating to section 137(4C) of the Local Government Act 1972 | |
(c. 70) and paragraph 30 of Schedule 15 to the Local | 45 |
Government (Wales) Act 1994, or | |
(ii) consequential on any of the provisions mentioned in | |
paragraphs (a) to (e), | |
and section 121(2) so far as relating thereto. | |
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(5) The remaining provisions of this Act— | |
(a) so far as relating to England, shall come into force on such day as the | |
Secretary of State may by order appoint, and | |
(b) so far as relating to Wales, shall come into force on such day as the | |
National Assembly for Wales may by order appoint. | 5 |
(6) Power to make orders under this section is exercisable by statutory instrument. | |
(7) Orders under this section may make different provision for different purposes. | |
(8) 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 | 10 |
considers necessary or expedient. | |
123 Short title and extent | |
(1) This Act may be cited as the Local Government Act 2003. | |
(2) Subject to the following provisions, this Act extends to England and Wales | |
only. | 15 |
(3) Section 83(2) extends also to Scotland. | |
(4) The following provisions extend also to Scotland, Northern Ireland and | |
Gibraltar— | |
(a) sections 103, 104 and 122, | |
(b) this section, and | 20 |
(c) paragraph 7(2) of Schedule 6, and section 121(1) so far as relating | |
thereto. | |
(5) Section 112 extends also— | |
(a) to Scotland, but only so far as (within the meaning of the Scotland Act | |
1998 (c. 46)) it confers or removes functions exercisable otherwise than | 25 |
in or as regards Scotland, and | |
(b) to Northern Ireland. | |
(6) Each of sections 117 and 118, so far as relating to any other provision of this Act, | |
has the same extent as that other provision. | |
(7) Except as provided by subsection (8), any amendment, repeal or revocation | 30 |
made by this Act has the same extent as the enactment or instrument to which | |
it relates. | |
(8) Subsection (7) does not apply to— | |
(a) sections 85 and 112, | |
(b) paragraphs 8 and 52 of Schedule 6, and | 35 |
(c) the entry in Schedule 7 relating to section 33 of the Local Government | |
Act 1988 (c. 9). | |
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Schedules | |
Schedule 1 | |
Section 19 | |
Capital finance: parish and community councils and charter trustees | |
Introductory | |
1 The following are local authorities for the purposes of this Schedule— | 5 |
(a) a parish council; | |
(b) a community council; | |
(c) charter trustees. | |
Borrowing | |
2 (1) Subject to sub-paragraph (2), a local authority may borrow money— | 10 |
(a) for any purpose relevant to its functions under any enactment, or | |
(b) for the purposes of the prudent management of its financial affairs. | |
(2) A local authority may only borrow money (whether under sub-paragraph | |
(1) or otherwise)— | |
(a) for a purpose or class of purpose approved for the purposes of this | 15 |
provision by the appropriate person, and | |
(b) in accordance with any conditions subject to which the approval is | |
given. | |
(3) Sub-paragraph (2) does not apply— | |
(a) to borrowing by way of temporary loan or overdraft from a bank or | 20 |
otherwise of sums which a local authority may temporarily | |
require— | |
(i) for the purpose of meeting expenses pending the receipt of | |
revenues receivable by it in respect of the period of account | |
in which the expenses are chargeable, or | 25 |
(ii) for the purpose of meeting expenses intended to be met by | |
means of borrowing in accordance with approval under sub- | |
paragraph (2), or | |
(b) to borrowing for the purpose of repaying money borrowed in | |
accordance with approval under sub-paragraph (2), where the new | 30 |
borrowing takes place during the fixed period relating to the existing | |
borrowing. | |
(4) A local authority’s functions under this paragraph shall be discharged only | |
by the authority. | |
3 (1) Where a local authority meets any expenditure by borrowing, it shall in each | 35 |
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. | |
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(2) The appropriate amount for the purposes of sub-paragraph (1) is a sum | |
equivalent to an instalment of principal and interest combined such that if | |
paid annually it would secure the payment of interest at the due rate on the | |
outstanding principal together with the repayment of the principal not later | |
than the end of the fixed period. | 5 |
(3) Sub-paragraph (1) has effect subject to sub-paragraph (4) if— | |
(a) a local authority makes an advance to any other person and the | |
expenditure incurred in making the advance is met by borrowing, | |
and | |
(b) the terms of that advance are such that repayment is to be made | 10 |
otherwise than by equal instalments of principal and interest | |
combined. | |
(4) The local authority may debit to the account from which the expenditure | |
met by the borrowing would otherwise fall to be met sums of different | |
amounts (whether or not including instalments of principal) in respect of | 15 |
different financial years in order to take account of the terms on which its | |
advance falls to be repaid. | |
Loans | |
4 (1) A local authority may lend to a qualifying local government body, on such | |
terms as they may agree, such sums as the body may require for any purpose | 20 |
for which it is authorised by or under any enactment to borrow money. | |
(2) In sub-paragraph (1), “qualifying local government body” means a body | |
with local government functions which is specified for the purposes of this | |
paragraph by regulations made by the appropriate person. | |
“Fixed period” | 25 |
5 In this Schedule, references to the fixed period, in relation to borrowing by a | |
local authority, are to the period within which the money borrowed is to be | |
repaid as determined by the local authority with the consent of the | |
appropriate person. | |
Schedule 2 | 30 |
Section 42 | |
Welsh local government finance reports | |
1 In Part 5 of the Local Government Finance Act 1988 (c. 41) (grants), after | |
section 84C there is inserted— | |
“Chapter 3 | |
Revenue support grant: wales | 35 |
84D Application of Chapter 3 | |
This Chapter applies only in relation to Wales. | |
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