Local Government Bill

House of Commons

Session 2002 - 03
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Local Government Bill

Local Government Bill
Schedule 6 — Minor and consequential amendments
    108

              “(9)                In this section, any reference to expenditure incurred by a body in
any financial year includes the following (whether or not giving rise
to actual payments)—
                    (a)                   any amount which does not form part of the body’s capital
receipts for the purposes of Chapter 1 of Part 1 of the Local
5
Government Act 2003 (capital finance) and which is set aside
for the year by the body as provision to meet credit liabilities;
and
                    (b)                   any other amount which is set aside for the year by the body
as reasonably necessary for the purpose of providing for any
10
liability or loss which is likely or certain to be incurred but is
uncertain as to the amount or the date on which it will arise
(or both).”
  65       Sections 112 to 118 (credit approvals) cease to have effect.
  66      (1)      Section 119 (power to redistribute capital receipts of functional bodies) is
15
amended as follows.
          (2)      In subsection (2), for “expenditure for capital purposes” there is substituted
“capital expenditure”.
          (3)      In subsection (3)—
              (a)             in paragraph (e), for “expenditure for capital purposes” there is
20
substituted “capital expenditure”, and
              (b)             for paragraph (f) there is substituted—
                           “(f)                             for and in connection with treating the whole or a
prescribed part of the relevant amount as added to
the capital receipts of the assisted body, for the
25
purposes of Chapter 1 of Part 1 of the Local
Government Act 2003 (capital finance);”.
  67       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.
30
  68       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”.
  69      (1)      Section 122 (Mayor’s capital spending plan for each functional body) is
amended as follows.
35
          (2)      In subsection (3)(c), for “usable part of the body’s capital receipts is” there is
substituted “body’s capital receipts are”.
          (3)      In subsection (4) (content of section B of the plan), for paragraphs (b) to (d)
there is substituted—
                    “(b)                      the total of the amounts which the Mayor expects the body—
40
                           (i)                          to borrow in the year, or
                           (ii)                         to be treated as borrowing in the year because of
section 8(2) of the Local Government Act 2003 (under
which entry into, or variation of, a credit arrangement
is treated as a form of borrowing).”
45
          (4)      In subsection (5) (content of section C of the plan)—
              (a)             in paragraph (a), for “expenditure for capital purposes” there is
substituted “capital expenditure”, and

Local Government Bill
Schedule 6 — Minor and consequential amendments
    109

              (b)             for paragraph (b) there is substituted—
                           “(b)                             the total of the amounts which the Mayor expects the
body to be treated as borrowing in the year because of
section 8(2) of the Local Government Act 2003;”.
          (5)      In subsection (6) (content of section D of the plan), for paragraph (c) there is
5
substituted—
                    “(c)                                            the amount which he expects the body to meet by borrowing
or entering into or varying credit arrangements;”.
  70       In section 123 (preparation of capital spending plan), for subsection (1) there
is substituted—
10
              “(1)                For each financial year, the Mayor shall prepare a draft of the capital
spending plan for the year.”
  71      (1)      Section 124 (admissible factors in preparing capital spending plan etc.) is
amended as follows.
          (2)      In subsection (2), for paragraph (b) there is substituted—
15
                    “(b)                      the amounts to be transferred to the body under section 33(5)
of the Local Government Act 2003 (Mayor’s power to transfer
expenditure grant);”
          (3)      In subsection (4)—
              (a)             after paragraph (a) there is inserted—
20
                           “(aa)                             the amount met out of grants under section 31 of the
Local Government Act 2003 (expenditure grant)
made to the body;”, and
              (b)             for paragraph (c) there is substituted—
                           “(c)                             the amount met by borrowing or entering into or
25
varying credit arrangements;”.
  72      (1)      Section 126 (interpretation of Chapter 4) is amended as follows.
          (2)      For subsection (1) there is substituted—
              “(1)                In this Chapter—
                                      “capital expenditure” and “capital receipt” have the same
30
meaning as in Chapter 1 of Part 1 of the Local Government
Act 2003 (capital finance);
                                      “capital spending plan” means a capital spending plan under
section 122 above.”
          (3)      In subsection (2), for the words from “Part IV” to “section 48” there is
35
substituted “Chapter 1 of Part 1 of the Local Government Act 2003 (see
section 7”.
National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)
  73       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
40
1989 (c. 42), the sentence relating to section 80 of that Act is omitted.
Local Government Act 2000 (c. 22)
  74       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

Local Government Bill
Schedule 7 — Repeals and revocations
Part 1 — Repeals
    110

  74       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”.
Homelessness Act 2002 (c. 7)
5
  75       In section 3(9) of the Homelessness Act 2002 (public’s rights to inspect each
document published under section 3 and to obtain copies)—
              (a)             in paragraph (a), for “each document published under” there is
substituted “everything published under section 1 or”, and
              (b)             in paragraph (b), for “a document” there is substituted “anything”.
10
Schedule 7
Section 124(2)

Repeals and revocations
Part 1
Repeals

Short title and chapter
Extent of repeal

15

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
Section 137(4AA) and (4C).

(c. 70)

20

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

25

“associated”.

Local Government Act 1986
Section 2A.

(c. 10)

Local Government Act 1988
Sections 28 and 33.

(c. 9)

30

Local Government Finance Act
In section 140(2), paragraph (d) and, in

1988 (c. 41)
paragraph (e), the words “section 84A above

or”.

Section 143(8) and (11).

In Schedule 6, paragraph 3.

35

In Schedule 9—

     (a)    in paragraph 5(2), the words from “if it”

to “do so” and from “and within” to “is

served”, and

     (b)    paragraph 5(3).

40

Local Government Bill
Schedule 7 — Repeals and revocations
Part 1 — Repeals
    111

Short title and chapter
Extent of repeal

Local Government and Housing
Sections 39 to 66 and 80(2).

Act 1989 (c. 42)
In section 80(3), the words after paragraph (c).

In section 155(4), the word “or” at the end of

paragraph (ea).

5

Schedule 3.

In Schedule 4—

     (a)    in Part 1, item 5,

     (b)    in Part 2, item 4, and

     (c)    in Part 4, paragraph 3.

10

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
Section 88(6)(a).

15

1990 (c. 43)

Ports Act 1991 (c. 52)
Section 29.

Social Security Administration
In section 140B(2), the second sentence.

Act 1992 (c. 5)
Sections 140B(7) and 140D(1)(c) and (2).

In section 140EE(3)(a), the words “, (7)(b)”.

20

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
Sections 25, 32(11), 43(8), 50(6) and 52Z(3).

25

1992 (c. 14)
In section 69(1), the definition of “revenue

support grant”.

In Schedule 10, paragraph 6(3).

In Schedule 13, paragraphs 84(2)(a) and 90.

Local Government (Wales) Act
In section 51(2), the definition of the expression

30

1994 (c. 19)
“expenditure for capital purposes”.

In Schedule 15, paragraph 30.

In Schedule 16, paragraphs 88, 96 and 97.

Police and Magistrates’ Courts
Section 30.

Act 1994 (c. 29)

35

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),”.

40

Education Act 1996 (c. 56)
In Schedule 1, paragraph 5.

Social Security Administration
In Schedule 1, paragraph 7(3) and (4).

(Fraud) Act 1997 (c. 47)

Local Government and Rating
Section 2(6).

Act 1997 (c. 29)

45

Local Government Finance
The whole Act.

(Supplementary Credit

Approvals) Act 1997 (c. 63)

Local Government Bill
Schedule 7 — Repeals and revocations
Part 2 — Revocations
    112

Short title and chapter
Extent of repeal

School Standards and
In Schedule 30, paragraph 13.

Framework Act (c. 31)

Government of Wales Act 1998
In section 81(4), the words “, (2)(a)”.

(c. 38)

5

Access to Justice Act 1999 (c. 22)
In Schedule 12, paragraph 5.

Local Government Act 1999
Sections 22(2) and 31.

(c. 27)

Greater London Authority Act
Sections 108(2) and 111 to 118.

1999 (c. 29)
In section 119(1) and (3)(b), the words “the

10

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”.

15

Section 136(1).

Child Support, Pensions and
In section 70(2)(a), the words “, (7)(b)”.

Social Security Act 2000

(c. 19)

Local Government Act 2000
Section 104.

20

(c. 22)

Rating (Former Agricultural
Section 1(4).

Premises and Rural Shops)

Act 2001 (c. 14)

Criminal Justice and Police Act
In Schedule 6, in paragraph 53, sub-paragraph

25

2001 (c. 16)
(a) and the word “and” at the end of that sub-

paragraph.

Part 2
Revocations

Title
Extent of revocation

30

Avon Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

1995 (S.I. 1995/3127)
with the provisions of Part IV” and, in sub-

paragraph (2), the words “in accordance with

the said provisions”.

35

Paragraphs 20(2) and 21.

Cleveland Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

1995 (S.I. 1995/3131)
with the provisions of Part IV” and, in sub-

paragraph (2), the words “in accordance with

40

the said provisions”.

Paragraphs 20(2) and 21.

Local Government Bill
Schedule 7 — Repeals and revocations
Part 2 — Revocations
    113

Title
Extent of revocation

Humberside Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

1995 (S.I. 1995/3132)
with the provisions of Part IV” and, in sub-

paragraph (2), the words “in accordance with

5

the said provisions”.

Paragraphs 20(2) and 21.

North Yorkshire Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

1995 (S.I. 1995/3133)
with the provisions of Part IV” and, in sub-

10

paragraph (2), the words “in accordance with

the said provisions”.

Paragraphs 20(2) and 21.

Leicestershire Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

15

1996 (S.I. 1996/2912)
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
In paragraph 6, in sub-paragraph (1), the words

20

(Combination Scheme) Order
“constituted and administered in accordance

1996 (S.I. 1996/2916)
with the provisions of Part IV” and, in sub-

paragraph (2), the words “in accordance with

the said provisions”.

Paragraphs 20(2) and 21.

25

Staffordshire Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

1996 (S.I. 1996/2917)
with the provisions of Part IV” and, in sub-

paragraph (2), the words “in accordance with

the said provisions”.

30

Paragraphs 20(2) and 21.

Bedfordshire Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

1996 (S.I. 1996/2918)
with the provisions of Part IV” and, in sub-

paragraph (2), the words “in accordance with

35

the said provisions”.

Paragraphs 20(2) and 21.

Derbyshire Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

1996 (S.I. 1996/2919)
with the provisions of Part IV” and, in sub-

40

paragraph (2), the words “in accordance with

the said provisions”.

Paragraphs 20(2) and 21.

Dorset Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

45

1996 (S.I. 1996/2920)
with the provisions of Part IV” and, in sub-

paragraph (2), the words “in accordance with

the said provisions”.

Paragraphs 20(2) and 21.

Local Government Bill
Schedule 7 — Repeals and revocations
Part 2 — Revocations
    114

Title
Extent of revocation

Durham Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

1996 (S.I. 1996/2921)
with the provisions of Part IV” and, in sub-

paragraph (2), the words “in accordance with

5

the said provisions”.

Paragraphs 20(2) and 21.

East Sussex Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

1996 (S.I. 1996/2922)
with the provisions of Part IV” and, in sub-

10

paragraph (2), the words “in accordance with

the said provisions”.

Paragraphs 20(2) and 21.

Hampshire Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

15

1996 (S.I. 1996/2923)
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
In paragraph 6, in sub-paragraph (1), the words

20

(Combination Scheme) Order
“constituted and administered in accordance

1996 (S.I. 1996/2924)
with the provisions of Part IV” and, in sub-

paragraph (2), the words “in accordance with

the said provisions”.

Paragraphs 20(2) and 21.

25

Berkshire Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

1997 (S.I. 1997/2695)
with the provisions of Part IV” and, in sub-

paragraph (2), the words “in accordance with

the said provisions”.

30

Paragraphs 20(2) and 21.

Cambridgeshire Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

1997 (S.I. 1997/2696)
with the provisions of Part IV” and, in sub-

paragraph (2), the words “in accordance with

35

the said provisions”.

Paragraphs 20(2) and 21.

Cheshire Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

1997 (S.I. 1997/2697)
with the provisions of Part IV” and, in sub-

40

paragraph (2), the words “in accordance with

the said provisions”.

Paragraphs 20(2) and 21.

Devon Fire Services
In paragraph 6, in sub-paragraph (1), the words

(Combination Scheme) Order
“constituted and administered in accordance

45

1997 (S.I. 1997/2698)
with the provisions of Part IV” and, in sub-

paragraph (2), the words “in accordance with

the said provisions”.

Paragraphs 20(2) and 21.



© Parliamentary copyright 2003	Revised 14 February 2003