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Statutory Instruments

2004 No. 3132 (C.133)

LOCAL GOVERNMENT (ENGLAND AND WALES)

The Local Government Act 2003 (Commencement No. 2 and Savings) Order 2004

Made

24th November 2004

The First Secretary of State, in exercise of the powers conferred by section 128(3), (6)(a), (8) and (9) of the Local Government Act 2003( 1 ), hereby makes the following Order—

Citation and interpretation

1. —(1) This Order may be cited as the Local Government Act 2003 (Commencement No. 2 and Savings) Order 2004.

(2) In this Order, “the Act” means the Local Government Act 2003.

Commencement

2. Subject to article 4, the following provisions of the Act shall come into force on the day after this Order is made—

(a) sections 62(2) and (11);

(b) section 127(1) so far as relating to the paragraphs of Schedule 7 to the Act specified in sub-paragraph (d);

(c) section 127(2) so far as relating to the provisions of Schedule 8 to the Act specified in sub-paragraph (e);

(d) in Schedule 7, paragraphs 20, 21 and 25(4), (5) and (6), and 26(3);

(e) in Schedule 8, the repeals of paragraph 6(3) of Schedule 10 to, and paragraph 84(2)(a) of Schedule 13 to, the Local Government Finance Act 1992( 2 ).

Commencement so far as relating to England

3. —(1) Subject to article 4, the following provisions of the Act shall come into force, so far as relating to England, on the day after this Order is made—

(a) section 61(3) and (5) so far as it enables an order to be made;

(b) section 62 to the extent not brought into force by article 2;

(c) section 65;

(d) section 127(1) so far as relating to the paragraphs of Schedule 7 to the Act specified in sub-paragraph (e);

(e) in Schedule 7, paragraphs 10, 11 and 24(3);.

(2) Subject to article 4, the following provisions of the Act shall come into force, so far as relating to England, on 1st April 2005–

(a) section 61(1) to (5) to the extent not brought into force by paragraph (1);

(b) section 66;

(c) section 127(2) so far as relating to the provisions of Schedule 8 to the Act specified in sub-paragraph (d); and

(d) in Schedule 8, the repeal of section 1(4) of the Rating (Former Agricultural Premises and Rural Shops) Act 2001( 3 ).

Savings

4. —(1)Section 58 of the Local Government Finance Act 1988( 4 ) shall continue to have effect for the purpose of making regulations, and amending regulations made under that section in relation to any relevant period( 5 ) ending before 1st April 2005, as if—

(a) section 65 of the Act; and

(b) in Schedule 7 to the Act, paragraphs 10, 11 and 24(3);

had not been commenced.

(2) Regulations made under section 58 of the Local Government Finance Act 1988( 6 ) shall continue to have effect in relation to any relevant period ending before 1st April 2005 as if—

(a) section 65 of the Act; and

(b) in Schedule 7 to the Act, paragraphs 10, 11 and 24(3);

had not been commenced.

(3) Section 138 of and Schedules 7 and 8 to the Local Government Finance Act 1988 shall continue to have effect in relation to any non-domestic rating multiplier for any financial year ending before 1st April 2005, as if—

(a) section 62 of the Act;

(b) in Schedule 7 to the Act, paragraphs 20, 21, 25(4), (5) and (6), and 26(3);

(c) in Schedule 8 to the Act, the repeals of paragraph 6(3) of Schedule 10 to, and paragraph 84(2)(b) of Schedule 13 to, the Local Government Finance Act 1992,

had not been commenced.

Signed by authority of the First Secretary of State

Nick Raynsford

Minister of State,

Office of the Deputy Prime Minister

24th November 2004

( 1 )

2003 c. 26 .

( 2 )

1992 c. 14 .

( 3 )

2001 c. 14 .

( 4 )

1988 c. 41 .

( 5 )

For the definition of “relevant period” see section 58(10) of the Local Government Finance Act 1988.

( 6 )

The relevant regulations are the Non-Domestic Rating (Chargeable Amounts)(England) Regulations 1999, S.I. 1999/3379 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Local Government Act 2003 (Commencement No. 2 and Savings) Order 2004 (2004/3132)

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