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“financial year” means— | |
(a) the period beginning with the day on which section 105 | |
comes into force and ending with the next 31st March, and | |
(b) any subsequent period of 12 months beginning with 1st | |
April. | 5 |
Schedule 5 | |
Section 106 | |
Transfer schemes: further provision | |
Contents of transfer scheme | |
1 (1) The property, rights and liabilities which may be transferred by a transfer | |
scheme under section 106 (“transfer scheme”) include property, rights and | 10 |
liabilities that would not otherwise be capable of being transferred or | |
assigned. | |
(2) 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 | 15 |
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. | |
2 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 | 20 |
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). | |
3 A transfer scheme may contain provision— | |
(a) 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, | 25 |
(b) for the creation in favour of the Service of an interest in or right over | |
property retained by the transferor, | |
(c) for the creation of any rights or liabilities as between the transferor | |
and the Service, | |
(d) for any rights or liabilities specified or described in the scheme to be, | 30 |
or to be to any extent, enforceable by or against the transferor or the | |
Service, or | |
(e) 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. | 35 |
4 A transfer scheme may include such supplemental, incidental, | |
consequential and transitional provision as the Secretary of State considers | |
appropriate. | |
Effect of transfers | |
5 (1) Anything done by or in relation to the transferor for the purpose of or in | 40 |
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. | |
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(2) A transfer does not affect the validity of anything done by or in relation to | |
the transferor before the transfer takes effect. | |
6 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 | 5 |
transferred. | |
7 The Service shall be substituted for the transferor in any document relating | |
to anything transferred. | |
Continuity of employment, etc of transferred employees | |
8 Where an employee of a valuation tribunal becomes an employee of the | 10 |
Service under a transfer scheme— | |
(a) 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 | |
(b) for the purposes of that Act, his period of employment with the | 15 |
valuation tribunal counts as a period of employment with the Service | |
and the change of employer does not break the continuity of his | |
employment. | |
Modification of transfer scheme after appointed day | |
9 (1) If, after the day appointed by a transfer scheme for the coming into force of | 20 |
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. | |
(2) An agreement under this paragraph may, in connection with giving effect to | |
modifications to the scheme, include supplemental, incidental, | 25 |
consequential and transitional provision. | |
Provision of information to Secretary of State | |
10 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. | 30 |
Consultation | |
11 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. | |
Stamp duty | 35 |
12 (1) Stamp duty shall not be chargeable on— | |
(a) a transfer scheme, or | |
(b) an instrument or agreement which is certified to the Commissioners | |
of Inland Revenue by the Secretary of State as made in pursuance of | |
a transfer scheme. | 40 |
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(2) 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— | |
(a) it has, in accordance with section 12 of the Stamp Act 1891 (c. 39), | |
been stamped with a particular stamp denoting that it is not | 5 |
chargeable with any duty or that it is duly stamped, or | |
(b) it is stamped with the duty to which it would be liable, apart from | |
this paragraph. | |
(3) Section 12 of the Finance Act 1895 (c. 16) shall not operate to require— | |
(a) the delivery to the Inland Revenue of a copy of this Act, or | 10 |
(b) the payment of stamp duty under that section on any copy of this | |
Act, | |
and shall not apply in relation to any instrument on which, by virtue of sub- | |
paragraph (1), stamp duty is not chargeable. | |
Schedule 6 | 15 |
Section 124(1) | |
Minor and consequential amendments | |
Fire Services Act 1947 (c. 41) | |
1 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— | |
“(1A) In the case of a scheme made under this section constituting a fire | 20 |
authority in England, the application by subsection (1) of this section | |
of the provisions of subsection (2) of the last foregoing section shall | |
not include paragraph (c).” | |
Public Works Loans Act 1965 (c. 63) | |
2 In section 2 of the Public Works Loans Act 1965 (local loans)— | 25 |
(a) 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 | |
(b) in subsection (5), for “section 47 of the Local Government and | |
Housing Act 1989” there is substituted “section 13 of the Local | 30 |
Government Act 2003”. | |
Public Works Loans Act 1967 (c. 61) | |
3 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”. | 35 |
Local Government Act 1972 (c. 70) | |
4 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,”. | |
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Local Government Act 1974 (c. 7) | |
5 (1) Schedule 4 to the Local Government Act 1974 (the Commissions for Local | |
Administration in England and in Wales) is amended as follows. | |
(2) In paragraph 6 (each Commission deemed a specified body for purposes of | |
determining revenue support grant)— | 5 |
(a) in sub-paragraph (1), for “Each of the Commissions”, | |
(b) in sub-paragraph (2), for “each Commission”, and | |
(c) in sub-paragraph (3), for “the Commissions”, | |
there is substituted “the Commission for Local Administration in England”. | |
(3) For paragraph 6(5) (which is no longer of practical utility) there is | 10 |
substituted— | |
“6A (1) The Commission for Local Administration in Wales shall be | |
treated as if they were a specified body for the purposes of | |
Chapter 3 of Part 5 of the 1988 Act (revenue support grant: Wales), | |
and that Chapter shall accordingly have effect with the following | 15 |
modifications. | |
(2) Before making a determination under section 84F(2) or (3) of the | |
1988 Act, the National Assembly for Wales shall, except in the case | |
mentioned in paragraph 8A below, take into account— | |
(a) estimates of the expenses of the Commission for Local | 20 |
Administration in Wales, and | |
(b) any observations on those estimates, | |
made and submitted to the Assembly in accordance with | |
paragraph 7 below. | |
(3) The Assembly may also take into account any other information | 25 |
available to it as to the expenses of the Commission for Local | |
Administration in Wales, whatever its source. | |
(4) A determination under section 84F of the 1988 Act shall not be | |
invalid merely because the requirements of paragraph 7 below | |
were not complied with.” | 30 |
(4) 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”. | |
(5) After paragraph 8 there is inserted— | |
“8A Where the Commission for Local Administration in Wales fail to | 35 |
submit an estimate of their expenses for the forthcoming financial | |
year under paragraph 7 above, the National Assembly for Wales | |
may, for the purposes of a determination under section 84F of the | |
1988 Act, assume those expenses to be such as it sees fit.” | |
(6) This paragraph applies in relation to the financial year beginning on 1st | 40 |
April 2004 and subsequent financial years. | |
Stock Transfer Act 1982 (c. 41) | |
6 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. | |
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Representation of the People Act 1985 (c. 50) | |
7 (1) 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)— | |
“(5A) The power under subsection (5) above to make provision in | |
connection with the combining under this section of polls at— | 5 |
(a) a local government election in England and Wales, and | |
(b) the European Parliamentary general election in 2004, | |
includes power to make provision modifying, in relation to such | |
elections, any enactment relating to election of members of the | |
European Parliament or any instrument made under any such | 10 |
enactment or under the Representation of the People Acts.” | |
(2) The following shall extend to Gibraltar— | |
(a) the power conferred by section 15(5) of the Representation of the | |
People Act 1985, so far as extended by section 15(5A) of that Act, and | |
(b) the Representation of the People Acts, so far as relating thereto. | 15 |
Local Government Act 1988 (c. 9) | |
8 Section 33 of the Local Government Act 1988 (restrictions on contracts with | |
local authority companies) ceases to have effect. | |
Local Government Finance Act 1988 (c. 41) | |
9 (1) The Local Government Finance Act 1988 is amended as follows. | 20 |
(2) Paragraphs 12 to 17 and 22 apply in relation to the financial year beginning | |
on 1st April 2004 and subsequent financial years. | |
10 In section 47 (discretionary relief), in subsections (1)(b) and (5), for “section | |
58” there is substituted “section 57A or 58”. | |
11 In section 49 (reduction or remission of liability), in subsection (3), for | 25 |
“section 58” there is substituted “section 57A or 58”. | |
12 Section 76 shall become Chapter 1 of Part 5, entitled “General”. | |
13 Sections 78 to 84C shall become Chapter 2 of Part 5, entitled “Revenue | |
support grant: England”. | |
14 In the Chapter 2 so formed, at the beginning there is inserted— | 30 |
“Introductory | |
77A Application of Chapter 2 | |
This Chapter applies only in relation to England.” | |
15 In sections 78(1) and 78A(2) (which refer to revenue support grant being | |
payable under the Part), for “Part” there is substituted “Chapter”. | 35 |
16 Section 85, together with the sections in Part 5 that follow that section, shall | |
become Chapter 4 of that Part, entitled “Other grants”. | |
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17 In section 85(2) (which refers to additional grant being payable under the | |
Part), for “Part” there is substituted “section and section 86 below”. | |
18 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 | 5 |
Act 2003 (capital finance)”. | |
19 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”. | 10 |
20 In section 138 (judicial review), in subsection (2)(j), after “multiplier” there is | |
inserted “or small business non-domestic rating multiplier”. | |
21 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”. | 15 |
22 In section 140(2) (Parts 3 and 5 of the Act to apply, and be administered, | |
separately in England and Wales)— | |
(a) in paragraph (c), at the end there is inserted “and”, | |
(b) paragraph (d) is omitted, and | |
(c) in paragraph (e), the words “section 84A above or” are omitted. | 20 |
23 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,”. | |
24 (1) Section 143 (orders and regulations) is amended as follows. | |
(2) In subsection (4) for “58” there is substituted “57A”. | 25 |
(3) After that subsection there is inserted— | |
“(4A) As regards any power of the National Assembly for Wales to make | |
an order or regulations under this Act, subsection (3) above shall | |
have effect without the words from “subject to annulment” to the | |
end.” | 30 |
25 (1) Schedule 7 (non-domestic rating multipliers) is amended as follows. | |
(2) In paragraph 5 (interpretation of definitions of “non-domestic rating | |
multiplier”), after sub-paragraph (13) there is inserted— | |
“(14) Sub-paragraph (13) above does not apply to orders made by the | |
National Assembly for Wales. | 35 |
(15) 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— | |
(a) before 1 March in the preceding financial year, and | 40 |
(b) at a time when no local government finance report for the | |
year has been published by the Assembly.” | |
(3) In paragraph 6 (calculation of non-domestic rating multiplier), after sub- | |
paragraph (4) there is inserted— | |
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