Local Government Act 2003 (c. 26)

SCHEDULES

SCHEDULE 7 U.K. Minor and consequential amendments

Local Government Finance Act 1992 (c. 14) E+W

40 E+W The Local Government Finance Act 1992 is amended as follows.

41 E+W In section 11(2) (discounts), for “section 12” there is substituted “ sections 11A and 12 ”.

42 E+W In section 13(3) (reduced amounts), after “section 11” there is inserted “ , 11A ”.

43 (1) In section 17 (completion of new dwellings), in subsection (4) (which defines the date to be taken as the completion date)— E+W

(a) in paragraph (a), for “an appeal” there is substituted “ no appeal ”, and

(b) in paragraph (b), for “no appeal” there is substituted “ an appeal ”.

(2) This paragraph has effect in relation to any completion notice under Schedule 4A to the Local Government Finance Act 1988 (c. 41) (new buildings: completions days), as applied by section 17 of the Local Government Finance Act 1992 (c. 14), which—

(a) is served on or after the day on which this paragraph comes into force, or

(b) becomes the subject of such an appeal on or after the day on which this paragraph comes into force.

44 E+W In section 21 (valuations for purposes of lists), in subsection (2) (basis of valuations), for “1st April 1991” there is substituted “ the appropriate date ” and after that subsection there is inserted—

“(2A) For the purposes of subsection (2) above, the appropriate date is—

(a) in relation to a list under section 22, 1st April 1991, and

(b) in relation to a list under section 22B, the later of—

(i) two years before the date on which the list falls to be compiled, and

(ii) such date, if any, within that two year period as may be specified by regulations.

(2B) The power to make regulations under subsection (2A)(b)(ii) is exercisable—

(a) in relation to a list to be compiled for a billing authority in England, by the Secretary of State, and

(b) in relation to a list to be compiled for a billing authority in Wales, by the National Assembly for Wales.”

45 E+W In section 22(2) (when valuation list comes into force), for the words from “and” to the end there is substituted “ , shall come into force on that day and shall remain in force until a new list for the authority is compiled under section 22B below ”.

46 E+W In section 24 (alteration of lists), in subsection (9)(b), for “or 22A(10)” there is substituted “ , 22A(10) or 22B(10) ”.

47 E+W Section 25 (compilation and maintenance of new lists) ceases to have effect.

48 E+W In section 28 (information about lists)—

(a) in subsection (2)(a), for “or 22A(10)” there is substituted “ , 22A(10) or 22B(10) ”, and

(b) in subsection (3)(a), after “22(6)” there is inserted “ or 22B(8) ”.

49 E+W In section 66(2) (matters subject only to judicial review), in paragraph (b) (determinations)—

(a) after “8(2)” there is inserted “ , 11A ”, and

(b) for “12(1)” there is substituted “ 12 ”.

Commencement Information

I1 Sch. 7 para. 49 partly in force; Sch. 7 para. 49(a) in force at 18.11.2003 see s. 128(2)(e)

I2 Sch. 7 para. 49(b) in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

50 E+W In section 67 (functions to be discharged only by the authority), in subsection (2)(a) (making of determination)—

(a) after “8(2)” there is inserted “ , 11A ”, and

(b) for “12(1)” there is substituted “ 12 ”.

Commencement Information

I3 Sch. 7 para. 50 partly in force; Sch. 7 para. 50(a) in force at 18.11.2003 see s.128(2)(e)

I4 Sch. 7 para. 50(b) in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

51 (1) Section 69 (interpretation of Part 1) is amended as follows. E+W

(2) In subsection (1), the definition of “revenue support grant” is omitted.

(3) After subsection (2) there is inserted—

“(2A) In this Part, any reference to expenditure incurred by a billing authority, major precepting authority or local precepting authority in any financial year includes the following (whether or not giving rise to actual payments)—

(a) any amount which does not form part of the authority’s capital receipts for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance) and which is set aside for the year by the authority as provision to meet credit liabilities; and

(b) any other amount which is set aside for the year by the authority as reasonably necessary for the purpose of providing for any liability or loss which is likely or certain to be incurred but is uncertain as to the amount or the date on which it will arise (or both).”

Commencement Information

I5 Sch. 7 para. 51 partly in force; Sch. 7 para. 51(1) in force at Royal Assent see s. 128(1)(b)

I6 Sch. 7 para. 51(2) in force at 27.11.2003 for W. by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

I7 Sch. 7 para. 51(3) in force at 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004 by S.I. 2003/3034, art. 2, Sch. 1 Pt. I

I8 Sch. 7 para. 51(3) in force at 1.4.2004 for E. by S.I. 2003/2938, art. 7(a) (with art. 8, Sch.)

52 (1) Section 113 (orders and regulations) is amended as follows. E+W

(2) In each of subsections (1) and (2) (powers to make regulations or orders under the Act include power to make differential and incidental etc. provision), for “or the Treasury” there is inserted “ , the Treasury or the National Assembly for Wales ”.

(3) In subsection (2), for “or they think” there is substituted “ , they or it thinks ”.

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) After subsection (3) there is inserted—

“(4) Any power of the National Assembly for Wales under this Act to make orders or regulations shall be exercisable by statutory instrument.”

Textual Amendments

F1 Sch. 7 para. 52(4) repealed (30.3.2006) by Council Tax (New Valuation Lists for England) Act 2006 (c. 7), s. 1(7)

53 (1) Schedule 2 (administration) is amended as follows. E+W

(2) In paragraph 8 (exempt dwellings etc.)—

(a) in sub-paragraph (1), after “22(5)(b)” there is inserted “ , 22B(7) ”, and

(b) in sub-paragraphs (2) and (3)—

(i) after “22(5)(b)” there is inserted “ , 22B(7) ”, and

(ii) after “22(7)”, in both places, there is inserted “ , 22B(9) ”.

(3) At the end there is inserted—

“21 (1) This paragraph applies where a billing authority exercises the power under section 13A(1) above by determining a class of case in which liability is to be reduced.

(2) Where the determination provides for liability to be reduced to nil, any dwelling in relation to which the reduction applies shall be treated for the purposes of this Schedule as an exempt dwelling.

(3) Where the determination provides for liability to be reduced otherwise than to nil, any amount in relation to which the reduction applies shall be treated for the purposes of this Schedule as subject to a discount equal to the amount of the reduction.”

54 E+W In Schedule 4 (enforcement), at the end there is inserted—

“Interpretation E+W

20 In this Schedule, except paragraph 6, “prescribed” means prescribed by regulations made—

(a) in relation to England, by the Secretary of State, and

(b) in relation to Wales, by the National Assembly for Wales.”

55 E+W In Schedule 13 (minor and consequential amendments), in paragraph 80 (amendments of section 143 of the Local Government Finance Act 1988)—

(a) sub-paragraph (1) is omitted, and

(b) in sub-paragraph (2), for “that section” there is substituted “ section 143 of that Act (orders and regulations) ”.