The Local Government Finance (Garden Squares) (Consequential Amendments) Order 1992

Statutory Instruments

1992 No. 3292

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Finance (Garden Squares) (Consequential Amendments) Order 1992

Made

23rd December 1992

Laid before Parliament

30th December 1992

Coming into force

1st April 1993

The Secretary of State, in exercise of the powers conferred on him by sections 113(2) and 114 of the Local Government Finance Act 1992(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Local Government Finance (Garden Squares) (Consequential Amendments) Order 1992 and shall come into force on 1st April 1993.

Amendment of enactments

2.  The enactments mentioned in column (1) of the Schedule to this Order shall have effect on and after 1st April 1993 subject to the amendments specified in column (2).

Michael Howard

One of Her Majesty’s Principal Secretaries of State

Department of the Environment

23rd December 1992

Article 2

SCHEDULE

(1)	(2)
Enactment	Amendment
The Kensington Improvement Act 1851(2)	(a) In section 43, for the words “persons subject to a community charge in respect of a residence in the said square” there shall be substituted the words “persons who, in accordance with Part I of the Local Government Finance Act 1992, are liable to pay council tax in respect of any dwelling in the said square which is a chargeable dwelling for the purpose of that Part”. (b) In section 51, for the words “persons resident in the said square who are subject to a community charge in respect of a residence in that square” there shall be substituted the words “persons resident in the said square who, in accordance with Part I of the Local Government Finance Act 1992, are liable to pay council tax in respect of any dwelling in the said square which is a chargeable dwelling for the purpose of that Part, or who would be so liable but for section 6(4), section 8(5) or section 9(2) of that Act,”.
The Town Gardens Protection Act 1863(3)	In section 1, for the words from “three” to “annually” there shall be substituted the words “three of the taxable inhabitants of such houses to be chosen annually”; and at the end of the section there shall be added the following subsection— “(2) In this section “taxable inhabitants”, in relation to the houses surrounding a garden or ornamental ground, means those persons who, in accordance with Part I of the Local Government Finance Act 1992, are liable to pay council tax in respect of any of those houses which are chargeable dwellings for the purpose of that Part.”

Explanatory Note

(This note is not part of the Order)

This Order is consequential on the Local Government Finance Act 1992. It amends, with effect from 1st April 1993, the Kensington Improvement Act 1851 and the Town Gardens Protection Act 1863 in consequence of the abolition of community charges and the introduction of council tax on that date.

(1)

1992 c. 14.

(2)

1851 c.cxvi; section 43 was amended by section 9 of the Greater London Council (General Powers) Act 1982 (c.i) and by S.I. 1990/525. Section 51 was amended by S.I. 1990/525.

(3)

1863 c. 13; a relevant amending instrument is S.I. 1990/525.