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Local Government and Housing Act 1989, Cross Heading: Supplementary is up to date with all changes known to be in force on or before 18 August 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)Under any power to make regulations conferred by any provision of this Act, different provision may be made for different cases and different descriptions of cases (including different provision for different areas).
(2)Any power to make regulations conferred by any provision of this Act shall be exercisable by statutory instrument which, except in the case of a statutory instrument containing regulations under section 150 or section 151or Schedule 10, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)Where any provision of this Act which extends to England and Wales confers (directly or by amendment of another Act) a power on the Secretary of State to make regulations, orders, rules or determinations or to give directions or specify any matter, the power may be exercised differently for England and Wales, whether or not it is exercised separately.
(2)This section is without prejudice to section 190(1) above and to any other provision of this Act or of any Act amended by this Act by virtue of which powers may be exercised differently in different cases or in any other circumstances.
(1)There shall be paid out of money provided by Parliament—
(a)any sums required for the payment by the Secretary of State of grants, subsidies or contributions under this Act;
(b)any sums required by the Secretary of State for fulfilling any guarantees under this Act;
(c)any other expenses of the Secretary of State under this Act; and
(d)any increase attributable to this Act in the sums so payable under anyother enactment.
(2)Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.
(1)This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
(2)The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)Schedule 11 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.
(2)The enactments specified in Part I of Schedule 12 to this Act, which relate to or are superseded by the provisions of Part IV of this Act, are hereby repealed to the extent specified in the third column of that Schedule; and the Secretary of State may by order made by statutory instrument make provision (in consequence of the said Part IV) amending, repealing or revoking (with or without savings) any provision of an Act passed before or in the same session as this Act, or of an instrument made under an Act before the passing of this Act.
(3)In subsection (2) above “Act” includes a private or local Act and a statutory instrument by which the power in that subsection is exercised shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)The other enactments specified in Part II of Schedule 12 to this Act,which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of that Schedule.
Commencement Information
I1S. 194(1). partly in force; s. 194(1) in force for certain purposes at 27.2.1991 see s. 195(2)(3) and S.I. 1991/344, art. 3(1), Sch.
S. 194(1) partly in force; s.194(1) in force for certain purposes at 1.4.1991 see s. 195(2)(3) and S.I. 1991/344, art. 3(2)(a), Sch.
S. 194(1) partly in force; s. 194(1) in force at 1.4.1991 so far as it relates to Sch. 11 para. 113, see s. 195(2) and S.I. 1991/953, art. 2
S. 194(1) partly in force: s. 194(1) in force at 8.5.1992 so far as it relates to Sch. 11 para. 30, see s. 195(2) and S.I. 1992/760, art. 2
S. 194(1) partly in force: s. 194(1) in force at 25.1.1993 so far as it relates to Sch. 11 para. 14, see s. 195(2) and S.I. 1993/105, art. 2
I2S. 194(4) partly in force; s. 194(4) in force for certain purposes at 1.4.1991 see s. 195(2)(3) and S. I. 1991/344, art. 3(2)(b), Sch.
(1)This Act may be cited as the Local Government and Housing Act 1989.
(2)The provisions of sections 1 and 2, 9, 10, 13 to 20 above, Parts II to V (with the exception in Part II of section 24), VII and VIII and (in this Part) sections 140 to 145, 156, 159, 160, 162, 164, 165, [F1168] to 173, 175 to 180, 182 and 183, 185, 186 and 194, except in so far as it relates to paragraphs 104 to 106 of Schedule 11, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes.
(3)An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force by the order.
(4)Subject to subsection (5) below, this Act, except Parts I and II and sections 36(9), 140 to 145, 150 to 152, 153, 155, 157, 159, 161, 166, 168, 170, 171, 176 to 182, 185, 190, 192, 194(1), 194(4) and this section, extendsto England and Wales only.
(5)Notwithstanding anything in subsection (4) above, any provision of Schedule 11 or Part II of Schedule 12 to this Act which amends or repeals any provision of the following enactments does not extend to Scotland—
(a)the M1Military Lands Act 1892;
(b)the M2Local Authorities (Expenditure Powers) Act 1983.
(6)This Act does not extend to Northern Ireland.
Textual Amendments
F1Word in s. 195(2) substituted (14.7.2005 for W., 6.4.2006 for E.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 35; S.I. 2005/1814, arts. 1(2), 2(f)(iii); S.I. 2006/1060, art. 2(1)(d) (with Sch.)
Modifications etc. (not altering text)
C1Power of appointment conferred by s. 195(2) partly exercised: S.I. 1989/2180, 2186, 2445, 1990/191, 431, 762, 961, 1274, 1335,1552, 2581
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