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Local Government Bill


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

    69

 

           (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—

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           (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

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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

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(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),

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                         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;

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           (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

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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—

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           (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;

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           (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

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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.

 

 

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

    70

 

     (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.

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     (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

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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.

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     (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

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           (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

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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

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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

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           (c)           the entry in Schedule 7 relating to section 33 of the Local Government

Act 1988 (c. 9).

 

 

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

 71

 

Schedules

Schedule 1

Section 19

 

Capital finance: parish and community councils and charter trustees

Introductory

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

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              (a)             a parish council;

              (b)             a community council;

              (c)             charter trustees.

Borrowing

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

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

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

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

(1) or otherwise)—

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

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provision by the appropriate person, and

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

given.

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

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

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otherwise of sums which a local authority may temporarily

require—

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

revenues receivable by it in respect of the period of account

in which the expenses are chargeable, or

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

means of borrowing in accordance with approval under sub-

paragraph (2), or

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

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

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borrowing takes place during the fixed period relating to the existing

borrowing.

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

by the authority.

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

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

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

the authority debiting a larger amount to that account.

 

 

Local Government Bill
Schedule 2 — Welsh local government finance reports

    72

 

          (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

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otherwise than by equal instalments of principal and interest

combined.

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

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

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

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

advance falls to be repaid.

Loans

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

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

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

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

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

paragraph by regulations made by the appropriate person.

“Fixed period”

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

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

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

appropriate person.

Schedule 2

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Section 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

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       84D            Application of Chapter 3

This Chapter applies only in relation to Wales.

 

 

 
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Revised 26 November 2002