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Version Superseded: 08/12/2021
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Local Government Finance Act 1992, Section 113 is up to date with all changes known to be in force on or before 29 December 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)Any power of the Secretary of State[F1, [F2the [F3Minister for the Cabinet Office],] the Treasury or the [F4Welsh Ministers]] under this Act to make orders or regulations (other than the power to make orders under section [F552X(6)] above) may be so exercised as to make different provision for different cases or descriptions of case, including different provision for different areas or for different authorities.
(2)Any power of the Secretary of State[F1, [F6the [F7Minister for the Cabinet Office],] the Treasury or the [F8Welsh Ministers]] under this Act to make orders or regulations includes power to make such incidental, consequential, transitional or supplementary provision as he [F9or they think] necessary or expedient.
(3)Any power of the Secretary of State[F10, the [F11Minister for the Cabinet Office]] or the Treasury under this Act to make orders or regulations shall be exercisable by statutory instrument which, except in the case of [F12regulations under section [F1314A, 14B, 14C or] 52ZQ above or] orders under—
(a)section 5(4), 11(3), [F1422B(1A),] F15... 74(3) or 79(3) above;
(b)section 119(2) below; or
(c)paragraph 1 of Schedule 12 to this Act,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F16(4)Any power of the [F17Welsh Ministers] under this Act to make orders or regulations shall be exercisable by statutory instrument.]
[F18(5)Paragraphs 33 and 34 of Schedule 11 to the Government of Wales Act 2006 make provision about the Senedd Cymru procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Secretary of State or the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.]
Textual Amendments
F1Words in s. 113(1)(2) substituted (18.11.2003) by virtue of Local Government Act 2003 (c. 26), s. 127(1), Sch. 7 para. 52(2)
F2Words in s. 113(1) inserted (6.11.2013) by The Transfer of Functions (Elections and Referendums) Order 2013 (S.I. 2013/2597), art. 1(2), Sch. para. 6(3)(a) (with art. 3)
F3Words in s. 113(1) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 7(b) (with art. 12)
F4Words in s. 113(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 80(4), 240(1)(g)
F5Word in s. 113(1) substituted (27.7.1999 with effect as mentioned in s. 30(2) of the amending Act) by 1999 c. 27, s. 30(1), Sch. 1 Pt. II pars. 9(a)
F6Words in s. 113(2) inserted (6.11.2013) by The Transfer of Functions (Elections and Referendums) Order 2013 (S.I. 2013/2597), art. 1(2), Sch. para. 6(3)(a) (with art. 3)
F7Words in s. 113(2) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 7(b) (with art. 12)
F8Words in s. 113(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 80(4), 240(1)(g)
F9Words in s. 113(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 80(5), 240(1)(g)
F10Words in s. 113(3) inserted (6.11.2013) by The Transfer of Functions (Elections and Referendums) Order 2013 (S.I. 2013/2597), art. 1(2), Sch. para. 6(3)(b) (with art. 3)
F11Words in s. 113(3) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 7(b) (with art. 12)
F12Words in s. 113(3) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 32; S.I. 2011/2896, art. 2(i)
F13Words in s. 113(3) inserted (E.W.) (31.10.2012) by Local Government Finance Act 2012 (c. 17), s. 14(4)
F14Words in s. 113(3)(a) substituted (30.3.2006) by Council Tax (New Valuation Lists for England) Act 2006 (c. 7), s. 1(6)
F15Words in s. 113(3)(a) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 12; S.I. 2012/57, art. 4(1)(ee)(iii)
F16S. 113(4) inserted (18.11.2003) by Local Government Act 2003 (c. 26), s. 127(1), Sch. 7 para. 52(5)
F17Words in s. 113(4) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 80(6), 240(1)(g)
F18S. 113(5) inserted (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 158(7), 175(3)(p)
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