Local Government Act 2003

Local Government Finance Act 1988 (c. 41) E+W

9 (1) The Local Government Finance Act 1988 is amended as follows. E+W

(2) Paragraphs 12 to 17 and 22 apply in relation to the financial year beginning on 1st April 2004 and subsequent financial years.

Commencement Information

I1 Sch. 7 para. 9 partly in force; Sch. 7 para. 9(1) in force at Royal Assent see s. 128(1)(b)

I2 Sch. 7 para. 9(2) in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Yn ddilys o 25/11/2004

10 E+W In section 47 (discretionary relief), in subsections (1)(b) and (5), for “section 58” there is substituted “ section 57A or 58 ”.

Yn ddilys o 25/11/2004

11 E+W In section 49 (reduction or remission of liability), in subsection (3), for “section 58” there is substituted “ section 57A or 58 ”.

12 E+W Section 76 shall become Chapter 1 of Part 5, entitled “General”.

Commencement Information

I3 Sch. 7 para. 12 in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

13 E+W Sections 78 to 84C shall become Chapter 2 of Part 5, entitled “Revenue support grant: England”.

Commencement Information

I4 Sch. 7 para. 13 in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

14 E+W In the Chapter 2 so formed, at the beginning there is inserted—

“Introductory E+W

Application of Chapter 2 E+W

77A Application of Chapter 2

This Chapter applies only in relation to England.”

Commencement Information

I5 Sch. 7 para. 14 in force at 27.11.2003for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

15 E+W In sections 78(1) and 78A(2) (which refer to revenue support grant being payable under the Part), for “Part” there is substituted “ Chapter ”.

Commencement Information

I6 Sch. 7 para. 15 in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

16 E+W Section 85, together with the sections in Part 5 that follow that section, shall become Chapter 4 of that Part, entitled “Other grants”.

Commencement Information

I7 Sch. 7 para. 16 in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

17 E+W In section 85(2) (which refers to additional grant being payable under the Part), for “Part” there is substituted “ section and section 86 below ”.

Commencement Information

I8 Sch. 7 para. 17 in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

18 E+W 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 Act 2003 (capital finance) ”.

Commencement Information

I9 Sch. 7 para. 18 in force at 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004 by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

I10 Sch. 7 para. 18 in force at 1.4.2004 for E. by S.I. 2003/2938, art. 7(a) (with art. 8, Sch.)

19 E+W 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 ”.

Commencement Information

I11 Sch. 7 para. 19 in force at 18.11.2003 for E. by S.I. 2003/2938, art. 3(a) (with art. 8, Sch.)

I12 Sch. 7 para. 19 in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Yn ddilys o 25/11/2004

20 E+W In section 138 (judicial review), in subsection (2)(j), after “multiplier” there is inserted “ or small business non-domestic rating multiplier ”.

Yn ddilys o 25/11/2004

21 E+W 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 ”.

22 E+W 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.

Commencement Information

I13 Sch. 7 para. 22 in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

23 E+W 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, ”.

Commencement Information

I14 Sch. 7 para. 23 in force at 18.11.2003 for E. by S.I. 2003/2938, art. 3(a) (with art. 8, Sch.)

I15 Sch. 7 para. 23 in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

24 (1) Section 143 (orders and regulations) is amended as follows. E+W

(2) In subsection (3), for “(9A)” there is substituted “ (9AA) ”.

(3) In subsection (4), for “58” there is substituted “ 57A ”.

(4) 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.”

(5) After subsection (9A) there is inserted—

“(9AA) The power of the Secretary of State to make an order under paragraph 5G of Schedule 9 shall be exercisable by statutory instrument, and no such order shall be made by him unless a draft of it has been laid before and approved by resolution of each House of Parliament.”

Commencement Information

I16 Sch. 7 para. 24(1)(2)(5) in force at Royal Assent see s. 128(1)(b)

I17 Sch. 7 para. 24(4) in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

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

(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.

(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

(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—

“(4A) Sub-paragraph (4) above does not apply to a calculation made by the National Assembly for Wales for a financial year beginning in or after 2004.

(4B) A calculation made by the Assembly under this paragraph for a financial year beginning in or after 2004 is invalid unless one or both of the following conditions is fulfilled—

(a) it is made after the Assembly has published the local government finance report for the year or, where the Assembly is publishing two local government finance reports for the year, it is made after the Assembly has published both of those reports;

(b) it is made on or after 1 March in the preceding financial year.”

(4) In paragraph 9 (special authority’s non-domestic rating multiplier), in sub-paragraph (4), in the definition of A, after “year” there is inserted “ so far as relating to England ”.

(5) In paragraph 10 (substituted multiplier), for sub-paragraph (1) there is substituted—

“(1) Where a special authority has set multipliers for a financial year (whether originally or by way of substitute) it may set multipliers in substitution if, and only if, they have been quashed.”

(6) In paragraphs 10(2) and 11(1), after “9” there is inserted “ or 9A ”.

Commencement Information

I18 Sch. 7 para. 25 partly in force; Sch. 7 para. 25(1) in force at Royal Assent see s. 128(1)(b)

I19 Sch. 7 para. 25(2)(3) in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

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

(2) In paragraph 2(2) (debits to the non-domestic rating account), in paragraph (a), after “(14) below” there is inserted “ , under regulations made for the purpose mentioned in paragraph 4(7) below ”.

(3) In paragraph 4(3) (contributions by special authorities), for paragraph (a) there is substituted—

“(a) the authority’s non-domestic rating multiplier and small business non-domestic rating multiplier for the year were equal respectively to the non-domestic rating multiplier and the small business non-domestic rating multiplier for the year, so far as relating to England, determined in accordance with Part 1 of Schedule 7 above, and.”

Commencement Information

I20 Sch. 7 para. 26(1)(2) in force at 18.11.2003 for E. by S.I. 2003/2938, art. 3(a) (with art. 8, Sch.)

I21 Sch. 7 para. 26(1)(2) in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

27 E+W In Schedule 11 (valuation tribunals)—

(a) in paragraph 1 (power to make regulations for establishment of tribunals), in sub-paragraph (2) (provision which the regulations may include), for the words from “in relation to” to the end there is substituted—

“(a) so far as relating to England, in relation to membership, procedure and other matters relating to tribunals, except staff, accommodation and equipment, and

(b) so far as relating to Wales, in relation to membership, staff, accommodation, equipment, procedure and other matters relating to tribunals.”;

(b) in paragraph 6(1) (staff), after “paragraph 1 above” there is inserted “ , so far as relating to Wales, ”; and

(c) in paragraph 7(1) (accommodation and equipment), after “paragraph 1 above” there is inserted “ , so far as relating to Wales, ”.

Commencement Information

I22 Sch. 7 para. 27 in force at 1.4.2004 by S.I. 2003/2938, art. 6(d)(i) (with art. 8, Sch.)