2011 No. 306 (C. 22)

Local Government

The Local Government Finance (2011 Act) (Commencement) Order (Northern Ireland) 2011

Made

The Department of the Environment makes this Order in exercise of the powers conferred by section 47(2) of the Local Government Finance Act (Northern Ireland) 20111.

Citation and interpretation1

1

This Order may be cited as the Local Government Finance (2011 Act) (Commencement) Order (Northern Ireland) 2011.

2

In this Order, “the Act” means the Local Government Finance Act (Northern Ireland) 2011.

Appointed days2

1

10th September 2011 is the day appointed for the coming into operation of the provisions of the Act specified in column 1 of the Schedule, for the purposes set out in column 3 of the Schedule.

2

1st November 2011 is the day appointed for the coming into operation of section 13 of the Act (duty to determine affordable borrowing limit) for the purpose of enabling a council to determine its affordable borrowing limit for the financial year commencing on 1st April 2012.

3

1st April 2012 is the day appointed for the coming into operation of all provisions of the Act not otherwise brought into operation by this Order.

Sealed with the Official Seal of the Department of the Environment on 9th September 2011

(L.S.)Elizabeth LoughranA senior officer of the Department of the Environment

SCHEDULEProvisions coming into operation on 10th September 2011

Article 2(1)

Provisions of the Act

(1)

Subject Matter

(2)

Purpose

(3)

Section 2

Accounting practices

For the purpose of enabling the Department to make regulations and issue guidance regarding the accounting practices to be followed by councils

Section 3

Annual budget

For the purpose of enabling the Department to prescribe a date in regulations

Section 13

Duty to determine affordable borrowing limit

For the purpose of enabling the Department to make regulations regarding a council’s duty to determine and keep under review its affordable borrowing limit

Section 17

“Credit arrangements”

For the purpose of enabling the Department to prescribe liabilities not to be treated as qualifying liabilities

Section 18

Control of credit arrangements

For the purpose of enabling the Department to make regulations regarding the calculation of the cost of a credit arrangement or variation, and the treatment of options

Section 19

“Capital expenditure”

For the purpose of enabling the Department to make regulations regarding the treatment of expenditure

Section 20

“Capital receipt”

For the purpose of enabling the Department to make regulations regarding sums received in respect of capital assets

Section 22

Use of capital receipts

For the purpose of enabling the Department to make regulations regarding the use of capital receipts

Section 25

Guidance

For the purpose of enabling the Department to specify guidance in regulations, and to issue guidance, for the purposes of Part 1 (financial administration)

Section 27

Rates support grant

For the purpose of enabling the Department to make regulations regarding the rates support grant and to determine the information required from councils for the calculation of entitlement to rates support grant for the financial year commencing on 1st April 2012

Section 31

Allowances, etc. for councillors

For the purpose of enabling the Department to make regulations and issue guidance regarding allowances or other payments to councillors

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the coming into operation of the provisions of the Local Government Finance Act (Northern Ireland) 2011 (”the Act”).

10th September 2011 is the day appointed for the coming into operation of the provisions specified in column 1 of the Schedule (for the purposes specified in column 3 of the Schedule).

1st November 2011 is the day appointed for the coming into operation of Section 13 of the Act (duty to determine affordable borrowing limit)for the purpose of of enabling a council to determine its affordable borrowing limit for the financial year commencing on 1st April 2012.

1st April 2012 is the day appointed for the coming into operation of all provisions of the Act not otherwise brought into operation by this Order.