Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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

Explanatory Note

(This note is not part of the Order)

This Order brings into force the provisions in the Local Government Act 2003 (“the Act”) set out in articles 2 and 3. Those provisions listed in article 2 come into force on the day after this Order is made and apply in relation to England and Wales. Those provisions listed in article 3 apply in relation to England only. The provisions in article 3(1) come into force on the day after this Order is made and those listed in article 3(2) come into force on 1st April 2005.

The provisions in sections 61, 62 and 65 of the Act amend the Local Government Finance Act 1988 (c. 41) to bring in a new small business rate relief and to amend the provisions relating to non-domestic rating multipliers and transitional relief. The remaining provisions of the Act being commenced are consequential on sections 61, 62 and 65 of the Act.

Article 4 makes savings so that—

(a)regulations made under section 58 of the Local Government Finance Act 1988 continue to have effect and new regulations or amendments to those regulations can be made in respect of financial years ending before 1st April 2005 as if section 65 of the Act had not been commenced; and

(b)the provisions in the Local Government Finance Act 1988 and the Local Government Finance Act 1992 relating to any non-domestic rating multiplier continue to apply in respect of financial years ending before 1st April 2005 as if section 62 of the Act (and the consequential amendments relating thereto) had not been commenced.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force in England by commencement order made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Sections 3(5) to (7) and (10), 4(1) to (3) and (5), 7(2)(b) and (3)(c), 8(3), 9(3), 10, 11, 14, 15, 16(2), 18, 19(1) (partially), (2) (partially) and (3), 20, 21(1), (2)(b)(partially), (5) and (6), 23, 25, 26, 36, 41 to 57, 59, 60, 67(1) and (3) to (5), 70(1) to (6), 71, 83, 89, 90(1), 92(1), 99, 100, 101, 105(9) (partially), 106 to 108, 109(1)(partially), (3) and (4), 111, 112, 115, 117, 119, 125 (partially), 126, 127(1) (partially), (2) (partially), (3) and (4), paragraph 4(2) (partially) of Schedule 1, Schedule 3, paragraphs 7(2)(a), 7(3) and 18(1) of Schedule 4, Schedule 5 and paragraphs 1, 8, 19, 23, 26(1) and (2), 29 (partially), 30, 31, 33(3) and (5), 36 to 39, 59, 61, 62, 65, 66(1) and (3) to (6), 68, 69 and 80 of Schedule 7 and Schedule 8 (partially).18th November 20032003/2938
Sections 3 (the remainder),125 (partially) and 127 (1) (partially) and (2) (partially) and paragraphs 71 (partially) and 75 to 77 of Schedule 7 and Schedule 8 (partially).1st January 20042003/2938
Sections 1, 2, 4 (the remainder) 5, 6, 7 to 9 (the remainder), 12, 13, 16(1), 17, 19 (the remainder), 21 (the remainder), 22, 27 to 29, 37, 64, 67(2), 90(2) and (3), 102, 105 (the remainder), 109(1) (the remainder), 118, 120, 125 (the remainder), 127(1) (partially) and (2) (partially), Schedule 1 (the remainder), Schedule 4 (the remainder), Schedule 6 and paragraphs 2, 3, 4, 6, 18, 27, 29 (the remainder), 32, 33(2) and (4), 51(3), 63, 64, 70, 71 (the remainder), 72 to 74 and 78 of Schedule 7 and Schedule 8 (partially).1st April 20042003/2938
(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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources