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Chapter 2 | |
General | |
120 Orders and regulations | |
(1) Any power to make orders or regulations under this Act includes power— | |
(a) to make different provision for different cases or areas, and | 5 |
(b) to make incidental, supplementary, consequential or transitional | |
provision or savings (including provision amending or repealing any | |
enactment or instrument made under any enactment). | |
(2) The power under subsection (1)(a) includes, in particular, power to make | |
different provision for different local authorities or descriptions of local | 10 |
authority (including descriptions framed by reference to authorities in | |
particular areas). | |
(3) 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. | 15 |
(4) Any power to make orders or regulations under this Act is exercisable by | |
statutory instrument. | |
(5) A statutory instrument containing an order or regulations under this Act, | |
except sections 97(1) and (2) and 100(4) and (5), shall be subject to annulment | |
in pursuance of a resolution of either House of Parliament. | 20 |
(6) Subsection (5) does not apply to a statutory instrument containing an order or | |
regulations made by the National Assembly for Wales. | |
(7) This section does not apply to orders under section 125. | |
121 General interpretation | |
In this Act— | 25 |
“appropriate person” means— | |
(a) in relation to England, the Secretary of State, and | |
(b) in relation to Wales, the National Assembly for Wales; | |
“best value authority” means an authority or body which is a best value | |
authority for the purposes of Part 1 of the Local Government Act 1999 | 30 |
(c. 27); | |
“financial year” means a period of 12 months beginning with 1st April; | |
“valuation tribunal” means a tribunal established under Schedule 11 to | |
the Local Government Finance Act 1988 (c. 41). | |
122 Application to Isles of Scilly | 35 |
Part 1 and sections 25 to 28 apply to the Isles of Scilly subject to such exceptions, | |
adaptions and modifications as the Secretary of State may by order provide. | |
123 Financial provisions | |
(1) There shall be paid out of money provided by Parliament— | |
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(a) any expenditure under this Act of a Minister of the Crown or | |
government department, and | |
(b) any increase attributable to this Act in the sums payable out of money | |
so provided under any other enactment. | |
(2) Any sums received under this Act by a Minister of the Crown shall be paid into | 5 |
the Consolidated Fund. | |
(3) 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. | |
124 Minor and consequential amendments and repeals | 10 |
(1) Schedule 6 (minor and consequential amendments) has effect. | |
(2) The enactments and instruments specified in Schedule 7 are hereby repealed or | |
revoked to the extent specified there. | |
(3) 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 | 15 |
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. | |
(4) In this section, “Act” includes a private or local Act. | |
125 Commencement | |
(1) The following provisions shall come into force on the day on which this Act is | 20 |
passed— | |
(a) this section and sections 30, 36, 37, 72, 103, 104, 113,118,120, 121 and 126; | |
(b) paragraphs 7, 9(1), 25(1), 28, 33(1), 34, 35, 40, 50(1) and 56 of Schedule 6, | |
and section 124(1) so far as relating thereto; | |
(c) Schedule 7, so far as relating to— | 25 |
(i) the Fire Services Act 1947 (c. 41), and | |
(ii) the Fire Services Act 1959 (c. 44), | |
and section 124(2) so far as relating thereto. | |
(2) The following provisions shall come into force at the end of the period of two | |
months beginning with the day on which this Act is passed— | 30 |
(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 ,115 and119; | |
(e) paragraphs 41 to 49, 51 to 53 and 75 of Schedule 6, and section 124(1) so | 35 |
far as relating thereto; | |
(f) Schedule 7, so far as relating to— | |
(i) section 2A of the Local Government Act 1986 (c. 10), | |
(ii) section 28 of the Local Government Act 1988 (c. 9), | |
(iii) Part 4 of Schedule 4 to the Local Government and Housing Act | 40 |
1989 (c. 42), | |
(iv) sections 22(2) and 25 of the Local Government Finance Act 1992 | |
(c. 14), | |
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(v) paragraphs 96 and 97 of Schedule 16 to the Local Government | |
(Wales) Act 1994 (c. 19), | |
(vi) paragraph 5 of Schedule 1 to the Education Act 1996 (c. 56), | |
(vii) paragraph 13 of Schedule 30 to the School Standards and | |
Framework Act 1998 (c. 31), | 5 |
(viii) section 31 of the Local Government Act 1999 (c. 27) and section | |
136(1) of the Greater London Authority Act 1999 (c. 29), and | |
(ix) section 104 of the Local Government Act 2000 (c. 22), | |
and section 124(2) so far as relating thereto. | |
(3) The following provisions shall come into force on such day as the Secretary of | 10 |
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 | |
108, 109(3) and (4), 110 to 112, 114 and 122; | |
(b) 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; | 15 |
(c) 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); | |
(d) Schedules 4 and 5; | |
(e) paragraphs 1, 10, 11, 20, 21, 24(2), 25(4) to (6), 26(3), 27, 31, 33(2) and (4), | 20 |
36 to 39, 61, 63 to 72 and 74 of Schedule 6, and section 124(1) so far as | |
relating thereto; | |
(f) Schedule 7, so far as consequential on any of the provisions mentioned | |
in paragraphs (a) to (e), and section 124(2) so far as relating thereto. | |
(4) The following provisions shall come into force on such day as the National | 25 |
Assembly for Wales may by order appoint— | |
(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 (7) of that section; | 30 |
(d) 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, and section 109(2); | |
(e) Schedule 2; | |
(f) paragraphs 5, 9(2), 12 to 17, 22, 24(3), 25(2) and (3), 50(2), 54, 62 and 73 | 35 |
of Schedule 6, and section 124(1) so far as relating thereto; | |
(g) Schedule 7 so far as— | |
(i) relating to section 137(4C) of the Local Government Act 1972 | |
(c. 70) and paragraph 30 of Schedule 15 to the Local | |
Government (Wales) Act 1994, or | 40 |
(ii) consequential on any of the provisions mentioned in | |
paragraphs (a) to (f), | |
and section 124(2) so far as relating thereto. | |
(5) 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. | 45 |
(6) The remaining provisions of this Act— | |
(a) so far as relating to England, shall come into force on such day as the | |
Secretary of State may by order appoint, and | |
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(b) so far as relating to Wales, shall come into force on such day as the | |
National Assembly for Wales may by order appoint. | |
(7) Power to make orders under this section is exercisable by statutory instrument. | |
(8) Orders under this section may make different provision for different purposes. | |
(9) A person who has power under this section to appoint a day for the coming | 5 |
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. | |
126 Short title and extent | |
(1) This Act may be cited as the Local Government Act 2003. | 10 |
(2) Subject to the following provisions, this Act extends to England and Wales | |
only. | |
(3) Sections 83(2), 101 and 102 extend also to Scotland. | |
(4) The following provisions extend also to Scotland, Northern Ireland and | |
Gibraltar— | 15 |
(a) sections 103, 104 and 125, | |
(b) this section, and | |
(c) paragraph 7(2) of Schedule 6, and section 124(1) so far as relating | |
thereto. | |
(5) Section 113 extends also— | 20 |
(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 | |
in or as regards Scotland, and | |
(b) to Northern Ireland. | |
(6) Each of sections 120 and 121, so far as relating to any other provision of this Act, | 25 |
has the same extent as that other provision. | |
(7) Except as provided by subsection (8), any amendment, repeal or revocation | |
made by this Act has the same extent as the enactment or instrument to which | |
it relates. | |
(8) Subsection (7) does not apply to— | 30 |
(a) sections 85, 113 and 118(a), | |
(b) paragraphs 8 and 52 of Schedule 6, and | |
(c) the entries in Schedule 7 relating to— | |
(i) the Fire Services Act 1947 (c. 41), | |
(ii) section 7(1) of the Fire Services Act 1959 (c. 44), and | 35 |
(iii) section 33 of the Local Government Act 1988 (c. 9). | |
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