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Local Government Act 2003, Section 128 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The following provisions shall come into force on the day on which this Act is passed—
(a)this section and sections 30, 34, 35, 72, 73, 103, 104, 110, 114, 121, 123, 124 and 129;
(b)paragraphs 7, 9(1), 24(1), (2) and (5), 25(1), 28, 33(1), 34, 35, 40, 51(1), 55 and 60 of Schedule 7, and section 127(1) so far as relating thereto;
(c)Schedule 8, so far as relating to—
(i)the Fire Services Act 1947 (c. 41),
(ii)the Fire Services Act 1959 (c. 44),
(iii)Schedule 9 to the Local Government Finance Act 1988 (c. 41), and
(iv)paragraph 80(1) of Schedule 13 to the Local Government Finance Act 1992 (c. 14),
and section 127(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—
(a)Chapter 1 of Part 3;
(b)sections 38 and 39, so far as relating to England;
(c)Part 6, except sections 75(2) to (5) and 83;
(d)sections 87, 88, 91, 93 to 98, 113, 116 and 122;
(e)paragraphs 41 to 48, 49(a), 50(a), 52 to 54 and 81 of Schedule 7, and section 127(1) so far as relating thereto;
(f)Schedule 8, 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 1989 (c. 42),
(iv)section 25 of the Local Government Finance Act 1992,
(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),
(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 127(2) so far as relating thereto.
(3)The following provisions shall come into force on such day as the Secretary of State may by order appoint—
(a)sections 62(2) and (11), 65, 70(4) to (6), 83, 92(1), 99, 100(1), (2) and (4) to (8), 105 to 108, 109(3) and (4), 111, 112, 115 and 125;
(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;
(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(3), 25(4) to (6), 26(3), 27, 31, 33(2) and (4), 36 to 39, 65, 68 to 78 and 80 of Schedule 7, and section 127(1) so far as relating thereto;
(f)Schedule 8, so far as consequential on any of the provisions mentioned in paragraphs (a) to (e), and section 127(2) so far as relating thereto.
(4)The following provisions shall come into force on such day as the National Assembly for Wales may by order appoint—
(a)sections 38 and 39, so far as relating to Wales;
(b)sections 40, 61(6) and (7), 63, 70(7) to (9), 75(2) to (5) 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;
(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 (c. 52), and section 109(2);
(e)Schedule 2;
(f)paragraphs 5, 9(2), 12 to 17, 22, 24(4), 25(2) and (3), 49(b), 50(b), 51(2), 56 to 58, 66(2), 67 and 79 of Schedule 7, and section 127(1) so far as relating thereto;
(g)Schedule 8 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 (c. 19), or
(ii)consequential on any of the provisions mentioned in paragraphs (a) to (f),
and section 127(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.
(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
(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 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.
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