The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007

Local Government Finance Act 1988 U.K.

39.—(1) Schedule 7 (non-domestic rating: multipliers) is amended as follows.

(2) In paragraph 1 (introduction)(1)—

(a) the existing provision is renumbered as sub-paragraph (1), and

(b) after sub-paragraph (1) insert—

“(2) In this Part of this Schedule “the Assembly” means the National Assembly for Wales.”.

(3) In paragraph 3B (general provisions)(2), sub-paragraph (3) is amended as follows—

(a) for “National Assembly for Wales” substitute “Welsh Ministers”,

(b) for “its” substitute “their”, and

(c) for “it” substitute “them”.

(4) In paragraph 5 (general provisions)(3)—

(a) in sub-paragraphs (6) and (7), for “National Assembly for Wales’” substitute “Welsh Ministers’”,

(b) in sub-paragraph (10) after “determines” insert “or, as the case may be, to the Welsh Ministers on such date as they determine”.

(c) in sub-paragraph (14), for “National Assembly for Wales” substitute “Welsh Ministers”, and

(d) for sub-paragraph (15) substitute—

“(15) An order made by the Welsh Ministers under sub-paragraph (3), in its application to a particular financial year (including an order amending or revoking another), shall not be effective unless it is approved by resolution of the Assembly before the approval by the Assembly of the local government finance report for the year, or before 1 March in the preceding financial year (whichever is earlier).”.

(5) In paragraph 6 (general provisions)(4)—

(a) in sub-paragraph (1A), for “National Assembly for Wales” substitute “Welsh Ministers”,

(b) in sub-paragraph (4A)—

(i) for “National Assembly for Wales” substitute “Welsh Ministers”, and

(ii) omit “for a financial year beginning in or after 2004”, and

(c) for sub-paragraph (4B) substitute—

“(4B) A calculation made by the Welsh Ministers under this paragraph is invalid unless one or both of the following conditions is fulfilled—

(a) it is made after the Assembly has approved by resolution the local government finance report for the year or, where the Welsh Ministers are making two local government finance reports for the year, it is made after the Assembly has approved by resolution both of those reports;

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

Commencement Information

I1 Sch. 1 para. 39 in force at 25.5.2007, see art. 1(2)

(1)

Paragraph 1 of Schedule 7 was amended by sections 62(1) and (2) of the Local Government Act 2003 (c.26).

(2)

Paragraph 3B of Schedule 7, along with paragraphs 3 and 3A, was substituted for paragraph 3 as originally enacted by sections 62(1) and (3) of the Local Government Act 2003 (c.26).

(3)

Paragraph 5 of Schedule 7 was amended by the Local Government Finance Act 1992 (c.14), Schedule 13, paragraph 84(1); sections 62(1), (5), (6) and (7) of the Local Government Act 2003 (c.26) and Schedule 7, paragraphs 9(1) and 25(1) and (2); and the Transfer of Functions (Registration and Statistics) Order 1996 (S.I. 1996/273).

(4)

Paragraph 6 of Schedule 7 was amended by the Local Government Finance Act 1992 (c.14), Schedule 13, paragraph 84(2); sections 62(1), (8), (9) and (10) of the Local Government Act 2003 (c.26) and Schedule 7, paragraphs 9(1) and 25(1) and (3).