Local Government Act 2003

1. Introductory Text

2. Part 1 Capital finance etc and accounts

   1. Chapter 1 Capital finance etc

      1. Borrowing

         1. 1. Power to borrow

         2. 2. Control of borrowing

         3. 3. Duty to determine affordable borrowing limit

         4. 4. Imposition of borrowing limits

         5. 5. Temporary borrowing

         6. 6. Protection of lenders

      2. Credit arrangements

         1. 7. “Credit arrangements”

         2. 8. Control of credit arrangements

      3. Capital receipts

         1. 9. “Capital receipt”

         2. 10. Non-money receipts

         3. 11. Use of capital receipts

      4. Investment

         1. 12. Power to invest

      5. Risk management: England

         1. 12A. Risk-mitigation directions

         2. 12B. Risk thresholds

         3. 12C. Restriction of power to give risk-mitigation directions

         4. 12D. Duty to cooperate with independent expert

      6. Miscellaneous

         1. 13. Security for money borrowed etc

         2. 14. Information

      7. Supplementary

         1. 15. Guidance

         2. 16. “Capital expenditure”

         3. 17. External funds

         4. 18. Local authority companies etc

         5. 19. Application to parish and community councils

         6. 20. Directions

   2. Chapter 2 Accounts

      1. 21. Accounting practices

      2. 22. “Revenue account”

   3. Chapter 3 General

      1. 23. “Local authority”

      2. 24. Wales

3. Part 2 Financial administration

   1. 25. Budget calculations: report on robustness of estimates etc

   2. 26. Minimum reserves

   3. 27. Budget calculations: report on inadequacy of controlled reserve

   4. 28. Budget monitoring: general

   5. 29. Budget monitoring: Greater London Authority

   6. 30. Authorisation of agreements during the prohibition period

4. Part 3 Grants etc

   1. Chapter 1 Expenditure grant

      1. 31. Power to pay grant

      2. 32. Application to Greater London Authority

      3. 33. Interpretation of Chapter 1

   2. Chapter 2 Other grants etc

      1. 34. Best value grant: parishes

      2. 35. Best value grant: communities

      3. 36. Grants in connection with designation for service excellence

      4. 36A. Grants by Ministers of the Crown in respect of best value authorities etc

      5. 36B. Grants by Welsh Ministers in respect of Welsh principal councils

      6. 37. Emergency financial assistance to combined fire authorities

      7. 38. Local loans

      8. 39. Payments towards local authority indebtedness

      9. 40. Local government finance reports: Wales

5. Part 4 Business improvement districts

   1. BID arrangements

      1. 41. Arrangements with respect to business improvement districts

      2. 42. Joint arrangements

      3. 43. Additional contributions and action

      4. 44. Duty to comply with arrangements

   2. BID levy

      1. 45. BID levy

      2. 46. Liability for BID levy

   3. Administration etc

      1. 47. BID Revenue Account

      2. 48. Administration of BID levy etc

   4. Procedure

      1. 49. BID proposals

      2. 50. Approval in ballot

      3. 51. Power of veto

      4. 52. Appeal against veto

      5. 53. Commencement of BID arrangements

   5. Miscellaneous

      1. 54. Duration of BID arrangements etc

      2. 55. Regulations about ballots

      3. 56. Power to make further provision

      4. 57. Crown application

      5. 58. Wales

      6. 59. Interpretation of Part 4

6. Part 5 Non-domestic rates

   1. 60. Submission of proposed rating lists

   2. 61. Small business relief

   3. 62. Calculation of non-domestic rating multiplier

   4. 63. Rural settlement lists etc

   5. 64. Relief for registered community amateur sports clubs

   6. 65. Transitional relief

   7. 66. Rating of meters

   8. 67. Exemptions for agricultural buildings

   9. 68. Exemption for places of religious worship

   10. 69. Removal of power to prescribe rateable values

   11. 70. Local retention of rates

   12. 71. Adjustments for hardship relief

   13. 72. Provision of information

   14. 73. Interpretation of Part 5

7. Part 6 Council tax

   1. Liability and amount of tax

      1. 74. Exception of students from joint and several liability

      2. 75. Second and empty homes

      3. 76. Billing authority’s power to reduce amount of tax payable

   2. Valuation lists and bands

      1. 77. Statutory revaluation cycle

      2. 78. Power to change number of valuation bands

      3. 79. Transitional arrangements

   3. Enforcement

      1. 80. Amendments relating to distress

      2. 81. Charging orders: aggregation

      3. 82. Quashing of liability orders

   4. Other

      1. 83. Major precepting authorities: combined fire authorities

      2. 84. Amendment of section 67 of the Local Government Finance Act 1992

      3. 85. Vacant dwellings: use of information obtained for council tax purposes

      4. 86. Repeal of section 31 of the Local Government Act 1999

8. Part 7 Housing finance etc

   1. 87. Housing strategies and statements

   2. 88. Housing Revenue Account business plans

   3. 89. Housing Revenue Account subsidy: payment and calculation

   4. 90. Housing Revenue Account subsidy: negative amounts

   5. 91. Housing Revenue Accounts etc: adaptation of enactments

   6. 92. Local housing authority houses: rents

9. Part 8 Miscellaneous and general

   1. Chapter 1 Miscellaneous

      1. Charging and trading

         1. 93. Power to charge for discretionary services

         2. 94. Power to disapply section 93(1)

         3. 95. Power to trade in function-related activities through a company

         4. 96. Regulation of trading powers

         5. 97. Power to modify enactments in connection with charging or trading

         6. 98. Procedure for orders under section 97: England

         7. 98A. Procedure for orders under section 97: Wales

      2. Performance categories

         1. 99. Categorisation of English local authorities by reference to performance

         2. 100. Exercise of powers by reference to authorities' performance categories

      3. Contracting-out

         1. 101. Staff transfer matters: general

         2. 102. Staff transfer matters: pensions

      4. 2004 local government elections

         1. 103. Power to change date of elections in England

         2. 104. Power to change date of elections in Wales

      5. Valuation Tribunal Service

         1. 105. The Valuation Tribunal Service

         2. 106. Transfer to Service of property, rights and liabilities

      6. Audit Commission

         1. 107. Auditors' public interest reports: time allowed for consideration

         2. 108. Auditors' public interest reports: publicity

         3. 109. Registered social landlords

         4. 110. Financial year

         5. 111. Delegation

      7. Other

         1. 112. Standards Board for England: delegation

         2. 113. Standards committees and monitoring officers: delegation

         3. 114. Paid time off for councillors not to be political donation

         4. 115. Overview and scrutiny committees: voting rights of co-opted members

         5. 116. Local polls

         6. 117. Generally accepted accounting practice: power to amend enactments

         7. 118. Appropriate sum under section 137(4) of the Local Government Act 1972

         8. 119. Use of fixed penalties paid for litter and dog-fouling offences

         9. 120. Regulation of cosmetic piercing and skin-colouring businesses

         10. 121. Fire brigade establishment schemes: removal of Secretary of State’s functions

         11. 122. Repeal of prohibition on promotion of homosexuality

   2. Chapter 2 General

      1. 123. Orders and regulations

      2. 124. General interpretation

      3. 125. Application to Isles of Scilly

      4. 126. Financial provisions

      5. 127. Minor and consequential amendments and repeals

      6. 128. Commencement

      7. 129. Short title and extent

10. Local Government Act 2003

    1. SCHEDULE 1

       Capital finance: parish and community councils and charter trustees

       1. Introductory

          1. 1. The following are local authorities for the purposes of this...

       2. Borrowing

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

          2. 3. (1) Where a local authority meets any expenditure by borrowing,...

       3. Loans

          1. 4. (1) A local authority may lend to a qualifying local...

       4. “Fixed period”

          1. 5. In this Schedule, references to the fixed period, in relation...

    2. SCHEDULE 2

       Welsh local government finance reports

       1. 1. In Part 5 of the Local Government Finance Act 1988...

       2. 2. (1) In Schedule 8 to the Local Government Finance Act...

    3. SCHEDULE 3

       Amendment of powers exercisable in relation to local authorities

       1. Local Government and Housing Act 1989 (c. 42)

          1. 1. The Local Government and Housing Act 1989 is amended as...

          2. 2. In section 67 (orders under Part 5), at the end...

          3. 3. In section 70 (requirements for companies under control or subject...

       2. Local Government Act 1999 (c. 27)

          1. 4. The Local Government Act 1999 is amended as follows.

          2. 5. In section 4(2)(b) (different performance indicators or standards may be...

          3. 6. (1) Section 5 (best value reviews) is amended as follows....

          4. 7. In section 6 (best value performance plans), after subsection (4)...

          5. 8. (1) Section 16 (power to modify enactments and confer new...

          6. 9. In section 17 (orders under section 16: procedure), after subsection...

          7. 10. (1) Section 19 (contracts: exclusion of non-commercial considerations) is amended...

       3. Local Government Act 2000 (c. 22)

          1. 11. The Local Government Act 2000 is amended as follows.

          2. 12. (1) Section 3 (limits on power to promote well-being) is...

          3. 13. In section 9 (procedures for orders under section 5 or...

          4. 14. (1) Section 105 (orders and regulations) is amended as follows....

    4. SCHEDULE 4

       The Valuation Tribunal Service

       1. Membership, chairman and deputy chairman

          1. 1. (1) The Service shall consist of not less than six...

       2. Disqualification

          1. 2. (1) A person shall be disqualified for being appointed as...

       3. Tenure of office

          1. 3. (1) Subject to the provisions of this Schedule, a member...

          2. 4. (1) A person shall cease to be a member of...

          3. 5. A person who ceases (otherwise than by virtue of paragraph...

       4. Remuneration, pensions, etc of members

          1. 6. (1) The Service shall pay to its members such remuneration...

       5. Staff

          1. 7. (1) The Service shall have a chief executive.

          2. 8. (1) The Service may appoint such employees as it may...

          3. 9. The Service shall not appoint an employee to be the...

       6. Committees

          1. 10. (1) The Service may establish committees. (2) Any committee established...

       7. Proceedings

          1. 11. Subject to the following provisions of this Schedule, the Service...

       8. Delegation

          1. 12. (1) The Service may, to such extent as it may...

       9. Members' interests

          1. 13. (1) A member of the Service who is in any...

          2. 14. (1) Paragraph 13 shall apply in relation to meetings of...

       10. Vacancies and defective appointments

           1. 15. The validity of any proceedings of the Service shall not...

       11. Minutes

           1. 16. (1) Minutes shall be kept of proceedings of the Service...

       12. Execution and proof of instruments

           1. 17. (1) The application of the seal of the Service shall...

       13. Money

           1. 18. (1) The Secretary of State may pay grants and make...

           2. 19. The Service shall comply with any notice given by the...

           3. 20. (1) The Service shall— (a) keep proper accounts and proper...

       14. The Public Records Act 1958 (c. 51)

           1. 21. In Schedule 1 to the Public Records Act 1958 (definition...

       15. The Parliamentary Commissioner Act 1967 (c. 13)

           1. 22. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

       16. The House of Commons Disqualification Act 1975 (c. 24)

           1. 23. In Part 2 of Schedule 1 to the House of...

       17. The Freedom of Information Act 2000 (c. 36)

           1. 24. In Part 6 of Schedule 1 to the Freedom of...

       18. The Enterprise Act 2002 (c. 40)

           1. 25. (1) Paragraph 2(1)(c), (2) and (3) shall be taken to...

       19. Status

           1. 26. (1) The Service is not to be regarded as the...

       20. Interpretation

           1. 27. In this Schedule— “delegate” includes further delegate; “financial year” means—...

    5. SCHEDULE 5

       Transfer schemes: further provision

       1. Contents of transfer scheme

          1. 1. (1) The property, rights and liabilities which may be transferred...

          2. 2. A transfer scheme may define the property, rights and liabilities...

          3. 3. A transfer scheme may contain provision— (a) for the creation,...

          4. 4. A transfer scheme may include such supplemental, incidental, consequential and...

       2. Effect of transfers

          1. 5. (1) Anything done by or in relation to the transferor...

          2. 6. There may be continued by or in relation to the...

          3. 7. The Service shall be substituted for the transferor in any...

       3. Continuity of employment, etc of transferred employees

          1. 8. Where an employee of a valuation tribunal becomes an employee...

       4. Modification of transfer scheme after appointed day

          1. 9. (1) If, after the day appointed by a transfer scheme...

       5. Provision of information to Secretary of State

          1. 10. A valuation tribunal shall provide the Secretary of State with...

       6. Consultation

          1. 11. Before making a transfer scheme relating to the property, rights...

       7. Stamp duty

          1. 12. (1) Stamp duty shall not be chargeable on—

    6. SCHEDULE 6

       Section 120: transition

       1. Commencement not to affect existing application of section 15 of the 1982 Act

          1. 1. The coming into force of section 120 shall not affect...

       2. Commencement not to affect pending resolutions about the application of section 15 of the 1982 Act

          1. 2. (1) This paragraph applies where immediately before the coming into...

       3. Additional powers of commencement in relation to section 15 of the 1982 Act as amended

          1. 3. (1) This paragraph applies where an authority has before the...

       4. Effect of existing ear-piercing registrations following extension of control to cosmetic piercing

          1. 4. (1) This paragraph applies where, immediately before section 15 of...

       5. Interpretation

          1. 5. In this Schedule, except paragraph 2(1)(a) and 3(1), any reference...

    7. SCHEDULE 7

       Minor and consequential amendments

       1. Fire Services Act 1947 (c. 41)

          1. 1. In section 6 of the Fire Services Act 1947 (power...

       2. Public Works Loans Act 1965 (c. 63)

          1. 2. In section 2 of the Public Works Loans Act 1965...

       3. Public Works Loans Act 1967 (c. 61)

          1. 3. In section 2(2) of the Public Works Loans Act 1967...

       4. Local Government Act 1972 (c. 70)

          1. 4. In section 137(3) of the Local Government Act 1972 (which...

       5. Local Government Act 1974 (c. 7)

          1. 5. (1) Schedule 4 to the Local Government Act 1974 (the...

       6. Stock Transfer Act 1982 (c. 41)

          1. 6. In section 1(3)(b) of the Stock Transfer Act 1982 (extension...

       7. Representation of the People Act 1985 (c. 50)

          1. 7. (1) Section 15 of the Representation of the People Act...

       8. Local Government Act 1988 (c. 9)

          1. 8. Section 33 of the Local Government Act 1988 (restrictions on...

       9. Local Government Finance Act 1988 (c. 41)

          1. 9. (1) The Local Government Finance Act 1988 is amended as...

          2. 10. In section 47 (discretionary relief), in subsections (1)(b) and (5),...

          3. 11. In section 49 (reduction or remission of liability), in subsection...

          4. 12. Section 76 shall become Chapter 1 of Part 5, entitled...

          5. 13. Sections 78 to 84C shall become Chapter 2 of Part...

          6. 14. In the Chapter 2 so formed, at the beginning there...

          7. 15. In sections 78(1) and 78A(2) (which refer to revenue support...

          8. 16. Section 85, together with the sections in Part 5 that...

          9. 17. . . . . . . . . . ....

          10. 18. In section 88 (transport grants: supplementary), in subsections (4) and...

          11. 19. In section 90 (payments to and from collection funds), in...

          12. 20. In section 138 (judicial review), in subsection (2)(j), after “multiplier”...

          13. 21. In section 139 (functions to be discharged only by authority),...

          14. 22. In section 140(2) (Parts 3 and 5 of the Act...

          15. 23. In section 141 (payments to and from authorities), in subsection...

          16. 24. (1) Section 143 (orders and regulations) is amended as follows....

          17. 25. (1) Schedule 7 (non-domestic rating multipliers) is amended as follows....

          18. 26. (1) Schedule 8 (non-domestic rating: pooling) is amended as follows....

          19. 27. In Schedule 11 (valuation tribunals)— (a) in paragraph 1 (power...

       10. Local Government and Housing Act 1989 (c. 42)

           1. 28. The Local Government and Housing Act 1989 is amended as...

           2. 29. Part 4 (revenue accounts and capital finance of local authorities)...

           3. 30. (1) Section 70 (requirements for companies under control or subject...

           4. 31. For the second sentence of section 80A(4) (overpaid Housing Revenue...

           5. 32. In section 88(1)(d) (construction of references in Part 6 to...

           6. 33. (1) Schedule 4 (keeping of the Housing Revenue Account) is...

       11. Social Security Administration Act 1992 (c. 5)

           1. 34. The Social Security Administration Act 1992 is amended as follows....

           2. 35. (1) In section 134(2) (forms that may be taken by...

           3. 36. In section 140B (calculation of rent rebate subsidy, rent allowance...

           4. 37. In section 140C (payment of subsidy), after subsection (1) there...

           5. 38. In section 140D (rent rebate subsidy: accounting provisions), the following...

           6. 39. In section 140G (interpretation of Part 8), in the definition...

       12. Local Government Finance Act 1992 (c. 14)

           1. 40. The Local Government Finance Act 1992 is amended as follows....

           2. 41. In section 11(2) (discounts), for “section 12” there is substituted...

           3. 42. In section 13(3) (reduced amounts), after “section 11” there is...

           4. 43. (1) In section 17 (completion of new dwellings), in subsection...

           5. 44. In section 21 (valuations for purposes of lists), in subsection...

           6. 45. In section 22(2) (when valuation list comes into force), for...

           7. 46. In section 24 (alteration of lists), in subsection (9)(b), for...

           8. 47. Section 25 (compilation and maintenance of new lists) ceases to...

           9. 48. In section 28 (information about lists)— (a) in subsection (2)(a),...

           10. 49. In section 66(2) (matters subject only to judicial review), in...

           11. 50. In section 67 (functions to be discharged only by the...

           12. 51. (1) Section 69 (interpretation of Part 1) is amended as...

           13. 52. (1) Section 113 (orders and regulations) is amended as follows....

           14. 53. (1) Schedule 2 (administration) is amended as follows.

           15. 54. In Schedule 4 (enforcement), at the end there is inserted—...

           16. 55. In Schedule 13 (minor and consequential amendments), in paragraph 80...

       13. Local Government (Wales) Act 1994 (c. 19)

           1. 56. The Local Government (Wales) Act 1994 is amended as follows....

           2. 57. In section 51 (control of disposals and contracts), in subsection...

           3. 58. (1) Section 63 (regulations, orders and directions) is amended as...

       14. Deregulation and Contracting Out Act 1994 (c. 40)

           1. 59. In section 71(3) of the Deregulation and Contracting Out Act...

       15. Housing Act 1996 (c. 52)

           1. 60. (1) In section 122(4) of the Housing Act 1996 (which...

       16. Justices of the Peace Act 1997 (c. 25)

           1. 61. The Justices of the Peace Act 1997 is amended as...

           2. 62. In section 67 (justices not disqualified by reason of liability...

           3. 63. In section 72(1) (interpretation), for the definition of “capital expenditure”...

       17. Local Government (Contracts) Act 1997 (c. 65)

           1. 64. In section 1(3) of the Local Government (Contracts) Act 1997...

       18. Audit Commission Act 1998 (c. 18)

           1. 65. In Schedule 1 to the Audit Commission Act 1998 (which...

       19. School Standards and Framework Act 1998 (c. 31) and Education Act 2002 (c. 32)

           1. 66. (1) Sections 45A and 45B of the School Standards and...

       20. Government of Wales Act 1998 (c. 38)

           1. 67. . . . . . . . . . ....

       21. Greater London Authority Act 1999 (c. 29)

           1. 68. The Greater London Authority Act 1999 is amended as follows....

           2. 69. (1) Section 52 (meetings of the London Assembly) is amended...

           3. 70. . . . . . . . . . ....

           4. 71. Sections 112 to 118 (credit approvals) cease to have effect....

           5. 72. (1) Section 119 (power to redistribute capital receipts of functional...

           6. 73. In section 120 (capital grants between the Greater London Authority...

           7. 74. In section 121 (revenue grants between the Greater London Authority...

           8. 75. (1) Section 122 (Mayor’s capital spending plan for each functional...

           9. 76. In section 123 (preparation of capital spending plan), for subsection...

           10. 77. (1) Section 124 (admissible factors in preparing capital spending plan...

           11. 78. (1) Section 126 (interpretation of Chapter 4) is amended as...

       22. National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

           1. 79. In Schedule 1 to the National Assembly for Wales (Transfer...

       23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

           1. 80. . . . . . . . . . ....

       24. Homelessness Act 2002 (c. 7)

           1. 81. In section 3(9) of the Homelessness Act 2002 (public’s rights...

    8. SCHEDULE 8

       Repeals and revocations

       1. Part 1 Repeals

       2. Part 2 Revocations