Local Government Act 2003 Explanatory Notes

Territorial Application: Wales

5.The Act has been drafted in liaison and agreement with the National Assembly for Wales and the Wales Office so that, where appropriate, it applies to both England and Wales.

6.All provisions apply to both England and Wales with the following exceptions:

  • section 34 (grants for parishes) applies to England only, while section 35 (grants for community councils) makes similar provision for Wales and applies to Wales only

  • section 40 and Schedule 2, taken with paragraphs 5, 12 to 17 and 22 of Schedule 7, have effect to alter the system of local government finance reports in Wales only

  • sections 61 to 65 with the related provisions in Schedule 7, introduce differences between the operation of non-domestic rates in England and their operation in Wales

  • section 75 (council tax: second and empty homes) applies only to billing authorities in England as Welsh billing authorities already have similar powers under section 12 of the Local Government Finance Act 1992

  • section 83(1) (council tax: major precepting authorities: combined fire authorities), and paragraph 1 of Schedule 7, apply only to fire authorities in England, while section 83(2) and (3) confer power on the National Assembly for Wales in relation to Welsh fire authorities

  • section 92(1) amends section 24(3) of the Housing Act 1985 so as to cause it to apply only to Wales, and section 92(2) confers power on the National Assembly for Wales to make an order repealing section 24(3) of that Act as amended by section 92(1)

  • sections 99 and 100 (performance categories for local authorities), except section 100(3), apply only to England

  • sections 105 and 106 (and Schedules 4 and 5) provide for a Valuation Tribunal Service which will operate only in England

  • section 112 makes provision about the Standards Board for England and so does not apply to Wales

  • section 115 (voting rights for co-opted members of overview and scrutiny committees) applies only in England

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