Local Government Finance Act 1982

SCHEDULES

Section 7(3).

SCHEDULE 1 E+W Rates and Precepts: Transitional Provisions

1 E+W The following provisions of this Schedule apply where before the passing of this Act and whether before or after 1st April 1982—

(a) a rating authority or precepting authority has made or issued—

(i) a supplementary rate or supplementary precept for or in respect of a period beginning on or after that date; or

(ii) a rate or precept for or in respect of any such period other than a financial year; or

(b) a rating authority has made a rate (other than a supplementary rate or rate falling within sub-paragraph (a) above) by reference to a supplementary precept or precept falling within that sub-paragraph.

2 E+W No rate or precept shall by virtue of section 3 of this Act be substituted for a supplementary rate or precept falling within paragraph 1(a)(i) above.

3 E+W Where a rating authority has made a supplementary rate falling within paragraph 1(a)(i) above any sum paid by a ratepayer to the rating authority in respect of the supplementary rate (or so much of any sum so paid in respect of rates generally as is attributable to the supplementary rate)—

(a) shall be repaid if the ratepayer so requires; or

(b) if repayment is not required shall, as the rating authority may determine, either be repaid to him or credited against any liability of his for rates in respect of the hereditament in question.

4 E+W Where a person as tenant or licensee of any premises—

(a) is liable to make payments (whether as part of his rent or otherwise) which vary or may vary according to the rates chargeable in respect of those premises; or

(b) is entitled to make deductions from his rent in respect of those rates.

he shall, where a rating authority has made a supplementary rate falling within paragraph 1(a)(i) above which affects those premises, be entitled to recover or, as the case may be, liable to make good any payment or deduction which he would not have been liable or entitled to make if that rate had not been made; and any sum which he is entitled to recover as aforesaid may, without prejudice to any other method of recovery, be deducted by him from any rent payable by him to the person by whom that sum was received.

5 E+W Where a precepting authority has issued a supplementary precept falling within paragraph 1(a)(i) above any sum paid to that authority in respect of the precept shall be repaid if the authority to which the precept was issued so requires or, if repayment is not required, credited or otherwise dealt with as may be agreed between those authorities.

6 E+W A rating or precepting authority which has made a rate or issued a precept falling within paragraph 1(a)(ii) above shall under section 3 of this Act make a rate or issue a precept in substitution for that rate or precept as if it were a rate or precept for a financial year but the estimated product of that rate or precept shall for the purposes of subsection (2) of that section be adjusted in such manner as the Secretary of State may direct.

7 (1) A rating authority which has made a rate falling within paragraph 1(b) above shall under section 3 of this Act make a rate in substitution for the rate falling within that paragraph. E+W

(2) Where the precept by reference to which the original rate was made fell within paragraph 1(a)(i) above, the estimated product of the original rate shall for the purposes of subsection (2) of that section be calculated without reference to the precept.

(3) Where the precept by reference to which the original rate was made fell within paragraph 1(a)(ii) above—

(a) the rate substituted under the said section 3 shall be made by reference to the precept substituted pursuant to paragraph 6 above; and

(b) the estimated product of the original rate shall for the purposes of subsection (2) of that section be adjusted in such manner as the Secretary of State may direct.

(4) Where the precept by reference to which the original rate was made fell within paragraph 1(a)(ii) above and was issued under section 150(4) of the M1 Local Government Act 1972 (expenses of parish and community councils) sub-paragraph (1) above shall not require the rating authority to make a substituted rate unless it considers that a substituted rate will be required for meeting the precept substituted pursuant to paragraph 6 above.

Marginal Citations

M1 1972 c. 70.

8 (1) Where a rating authority has made a supplementary rate falling within paragraph 1(a)(i) above by reference to a supplementary precept falling within that provision it shall be entitled to recover from the precepting authority— E+W

(a) its administrative expenses in making repayments or allowing credits under paragraph 3 above in respect of the supplementary rate; and

(b) its rate collection expenses in respect of that rate.

(2) Where a rating authority has made a rate falling within sub-paragraph (a)(ii) or (b) of paragraph 1 above by reference to a supplementary precept or precept falling within sub-paragraph (1)(a) of that paragraph it shall be entitled to recover from the precepting authority—

(a) its administrative expenses in making repayments or allowing credits under section 3(5) and (6) of this Act in respect of that rate; and

(b) any increase attributable to paragraph 6 or 7(1) above in its rate collection expenses for the financial year.

9 E+W In this Schedule any expression which is also used in Part I of this Act has the same meaning as in that Part.

Section 10.

SCHEDULE 2 E+W Block Grant: Receiver for the Metropolitan Police District

Modifications etc. (not altering text)

C1 Sch. 2 amended by Rate Support Grants Act 1988 (c. 51, SIF 81:1), ss. 1(10), 3(11)

Interpretation E+W

1 (1) In this Schedule— E+W

• “gross rateable value”, in relation to the Metropolitan Police District, means the aggregate of the rateable values of the hereditaments in that District;

• “the principal Act” means the M2 Local Government, Planning and Land Act 1980;

• “rateable values”, in relation to hereditaments in that District, means, subject to sub-paragraphs (2) and (3) below, rateable values ascribed to them in the valuation lists on a date to be specified in each year in the Rate Support Grant Report;

• “the Receiver” means the Receiver for the Metropolitan Police District;

• “Receiver’s grant-related poundage” means a poundage [F1 calculated] by the Secretary of State and related—

  (a) to a given ratio between the Receiver’s total expenditure and the Receiver’s grant-related expenditure; or

  (b) to a given difference between his total expenditure divided by the population of the Metropolitan Police District and his grant-related expenditure so divided;

• “Receiver’s total expenditure” means that part of the Receiver’s expenditure for a year which falls to be defrayed out of the Metropolitan Police Fund and which is not met by any such grant as is mentioned in section 54(7)(a) or (b) of the principal Act but reduced by the amount of any payments of such descriptions as the Secretary of State may specify which fall to be paid for that year into the Metropolitan Police Fund;

• “Receiver’s grant-related expenditure” means a sum determined by the Secretary of State as being the aggregate for the year of the Receiver’s notional expenditure having regard to his functions.

(2) The reference to hereditaments in the definition of “rateable values” in sub-paragraph (1) above includes a reference to a notional hereditament which a body is treated as occupying by virtue of any enactment.

(3) A Rate Support Grant Report may provide that for the year to which it relates the rateable values of hereditaments in the Metropolitan Police District falling within any class of hereditaments shall be ascertained for the purposes of this Schedule otherwise than by reference to the values ascribed to them in the valuation lists.

Textual Amendments

F1 Word substituted (retrospectively) by Rate Support Grants Act 1986 (c. 54, SIF 103:1), s. 3, Sch. 1 para. 3

Marginal Citations

M2 1980 c. 65.

Payment of block grant E+W

2 E+W In section 53(1) and (8) of the principal Act, so far as relating to block grant, references to local authorities or a local authority shall include references to the Receiver.

3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 1 para. 3 repealed by Local Government Finance Act 1987 (c. 6, SIF 81:1), s. 11(2), Sch. 5 (the repeal being subject to the provision at the end of that Sch.)

Calculation of block grant E+W

4 (1) The amount of block grant payable to the Receiver is to be calculated by deducting from the Receiver’s total expenditure for the year the product arrived at by multiplying the Receiver’s grant-related poundage by the gross rateable value of the Metropolitan Police District. E+W

(2) Sub-paragraph (1) above has effect subject to subsection (7) of section 56 of the principal Act in which the reference to a local authority shall include a reference to the Receiver.

Adjustment of distribution of block grant E+W

5 (1) Subject to the following provisions of this paragraph, the Secretary of State may provide in a Rate Support Grant Report that the amount of block grant payable to the Receiver for a year shall be calculated by deducting from his total expenditure, instead of the product of his grant-related poundage and the gross rateable value of the Metropolitan Police District, the product of those sums multiplied by a multiplier determined by the Secretary of State. E+W

(2) [F3 In paragraph (b) of subsection (6) of section 59 of the principal Act references to a local authority shall include references to the Receiver and the power conferred by this paragraph may only be exercised—

(a) for the purposes specified in paragraph (b), (c) or (d) of that subsection or in section 2(2) of the Rate Support Grants Act 1986;]; or

(b) for the purpose of preventing or limiting any change in the amount of block grant payable to the Receiver that would otherwise result from [F4 any re-calculation of his grant-related poundage on fresh principles specified] in a supplementary report made under section 61 of the principal Act.

[F5 (2A) A multiplier determined under this paragraph may be subject to a maximum determined by the Secretary of State.]

(3) In Section 8(3) and (7) of this Act references to section 59 of the principal Act and to a local authority shall include references to this paragraph and to the Receiver.

(4) If the Secretary of State exercises the power conferred by this paragraph the principles on which he exercises it shall, subject to section 8(9) of this Act, be specified in the Rate Support Grant Report.

Textual Amendments

F3 Words and para. (a) substituted by Rate Support Grants Act 1986 (c. 54, SIF 103:1), s. 3, Sch. 1 para. 6

F4 Words substituted by Rate Support Grants Act 1986 (c. 54, SIF 103:1), s. 3, Sch. 1 para. 3(2)

F5 Sch. 2 para. 5(2A) inserted by Rate Support Grants Act 1986 (c. 54, SIF 103:1), s. 3, Sch. 1 para. 7

Modifications etc. (not altering text)

C2 Sch. 1 para. 5(1) modified, superseded in part and amended by Rate Support Grants Act 1986 (c. 54, SIF 103:1), ss. 1, 2, 4

C3 Sch. 1 para. 5(1) modified by Local Government Finance Act 1988 (c. 41, SIF 81:1), s. 126(2)–(6)

Rate Support Grant Reports E+W

6 E+W In subsection (6)(a) of section 60 of the principal Act the reference to Part VI of that Act shall include a reference to this Schedule and in subsection (9) of that section the reference to a local authority shall include a reference to the Receiver.

Supplementary Reports E+W

7 E+W In the application of section 61 of the principal Act to the Receiver’s grant-related poundage and the Receiver’s grant-related expenditure subsection (5) shall be omitted.

Adjustment of block grant total E+W

8 (1) In subsections (1) and (2) of section 62 of the principal Act references to a local authority or local authorities shall include references to the Receiver. E+W

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 2 para. 8(2) repealed (retrospectively) by Rate Support Grants Act 1986 (c. 54, SIF 103:1), s. 3, Sch. 1 para. 12, Sch. 2

9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 2 para. 9 repealed by Local Government Finance Act 1987 (c. 6, SIF 81:1), s. 11(2), Sch. 5 (the repeal being subject to the provision at the end of that Sch.)

Estimates and calculations E+W

10 E+W In section 66 of the principal Act, so far as relating to block grant, references to a local authority shall include references to the Receiver.

Section 11(4).

SCHEDULE 3 E+W The Audit Commission

Status E+W

1 The Commission shall be a body corporate.

2 The Commission shall not be regarded as acting on behalf of the Crown and neither the Commission nor its members, officers or servants shall be regarded as Crown servants.

Functions of Secretary of State in relation to Commission E+W

3 (1) The Secretary of State may give the Commission directions as to the discharge of its functions and the Commission shall give effect to any such directions.

(2) The Commission shall furnish the Secretary of State with such information relating to the discharge of its functions as he may require and for that purpose shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the Commission and shall afford such explanation of them as that person or the Secretary of State may require.

(3) No direction shall be given by the Secretary of State and no information shall be required by him under this paragraph in respect of any particular body whose accounts are required to be audited in accordance with Part III of this Act; and before giving any direction under this paragraph the Secretary of State shall consult the Commission, such associations of local authorities as appear to him to be concerned [F8 or, as the case may require, such organisations connected with the health service as appear to him to be appropriate and (in either case)] such bodies of accountants as appear to him to be appropriate.

(4) The Secretary of State shall publish any direction given by him under this paragraph.

Textual Amendments

F8 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 20(1), Sch. 4 para. 24(1)

Tenure of office of members E+W

4 (1) Subject to the provisions of this paragraph, every member of the Commission shall hold and vacate his office in accordance with the terms of his appointment.

(2) Any member may resign by notice in writing to the Secretary of State, and the chairman or deputy chairman may by a like notice resign his office as such.

(3) The Secretary of State may remove a member from office if that member—

(a) has become bankrupt or made an arrangement with his creditors;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the Commission for a period of six months otherwise than for a reason approved by the Secretary of State; or

(d) is in the opinion of the Secretary of State otherwise unable or unfit to discharge the functions of a member.

(4) If the chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman.

Remuneration etc. of members E+W

5 (1) The Commission shall pay to each member such remuneration and allowances (if any) as the Secretary of State may determine.

(2) As regards any member in whose case the Secretary of State may so determine, the Commission shall pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(3) Where a person ceases to be a member otherwise than on the expiration of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Commission shall pay as compensation to that person such amount as the Secretary of State may determine.

(4) Any determination by the Secretary of State under this paragraph shall require the consent of the Treasury.

House of Commons disqualification E+W

6 In Part III of Schedule 1 to the M3 House of Commons Disqualification Act 1975 (disqualifying offices) there shall be inserted at the appropriate place in alphabetical order—

“Any member of the Audit Commission for Local Authorities in England and Wales in receipt of remuneration”.

Modifications etc. (not altering text)

C4 The text of Sch. 3 para. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M3 1975 c. 24.

Staff E+W

7 (1) The Commission shall appoint a chief officer who shall be known as the Controller of Audit and his appointment shall require the approval of the Secretary of State.

(2) The Commission shall appoint such other officers and servants as it considers necessary for the discharge of its functions.

(3) The Commission’s officers and servants (in this paragraph referred to as employees) shall be appointed at such remuneration and on such other terms and conditions as the Commission may determine.

(4) The Commission may pay such pensions, allowances or gratuities as it may determine to or in respect of any of its employees, make such payments as it may determine towards the provision of pensions, allowances or gratuities to or in respect of any of its employees or provide and maintain such schemes as it may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of its employees.

(5) The references in sub-paragraph (4) above to pensions, allowances or gratuities to or in respect of any employees include references to pensions, allowances or gratuities by way of compensation to or in respect of employees who suffer loss of office or employment.

(6) If an employee becomes a member of the Commission and was by reference to his employment by the Commission a participant in a pension scheme maintained by the Commission for the benefit of any of its employees, the Commission may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the Commission whether or not any benefits are payable to or in respect of him by virtue of paragraph 5 above.

(7) Notwithstanding sub-paragraphs (1) and (3) above, the first Controller of Audit shall be appointed by the Secretary of State who shall determine the terms and conditions on which he is to be employed by the Commission.

8 (1) It shall be the duty of the Commission to make, by such date as the Secretary of State may determine, an offer of employment by the Commission to each person employed in the civil service of the State as a district auditor, assistant to a district auditor or otherwise in the district audit service whose name is notified to the Commission by the Secretary of State for the purposes of this paragraph; and the terms of the offer must be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(2) An offer made in pursuance of this paragraph shall not be revocable during the period of three months beginning with the date on which it is made.

(3) Where a person becomes an officer or servant of the Commission in consequence of this paragraph, then, for the purposes of the M4 Employment Protection (Consolidation) Act 1978, his period of employment in the civil service of the State shall count as a period of employment by the Commission and the change of employment shall not break the continuity of the period of employment.

(4) Where a person ceases to be employed as mentioned in sub-paragraph (1) above—

(a) on becoming an officer or servant of the Commission in consequence of this paragraph; or

(b) having unreasonably refused an offer made to him in pursuance of this paragraph,

he shall not, on ceasing to be so employed, be treated for the purposes of any scheme under section 1 of the M5 Superannuation Act 1972 as having been retired on redundancy.

Marginal Citations

M4 1978 c. 44.

M5 1972 c. 11.

Financial provisions E+W

9 [F9 Subject to sub-paragraph (2) below] it shall be the duty of the Commission so to manage its affairs that its income from fees and otherwise will, taking one year with another, be not less than its expenditure properly chargeable to its income and expenditure account.

[F10 (2) Sub-paragraph (1) above shall apply separately with respect to the functions of the Commission in relation to health service bodies and its functions in relation to other bodies.]

Textual Amendments

F9 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 20(1), Sch. 4 para. 24(2)

F10 Sch. 3 para. 9(2) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 20(1), Sch. 4 para. 24(2)

10 (1) The Commission may borrow—

(a) from the Secretary of State; or

(b) temporarily (by way of overdraft or otherwise) and with his consent, from any other person,

such sums as it may require for the purpose of meeting its obligations and discharging its functions.

(2) The aggregate amount outstanding in respect of the principal of any sums borrowed by the Commission under sub-paragraph (1) above shall not exceed £4 million or such greater sum, not exceeding £20 million, as the Secretary of State may from time to time by order specify; and no such order shall be made unless a draft of the order has been approved by a resolution of the House of Commons.

(3) The Secretary of State may lend to the Commission any sums which it has power to borrow under sub-paragraph (1)(a) above; and the Treasury may issue to the Secretary of State out of the National Loans Fund any sums necessary to enable him to make loans under this sub-paragraph.

(4) Loans made under sub-paragraph (3) above shall be repaid to the Secretary of State at such times and by such methods, and interest on the loans shall be paid to him at such times and at such rates, as he may from time to time determine.

(5) All sums received by the Secretary of State under sub-paragraph (4) above shall be paid into the National Loans Fund.

(6) The Secretary of State shall prepare, in respect of each financial year and in such form as the Treasury may direct, an account—

(a) of any sums issued to him under sub-paragraph (3) above or received by him under sub-paragraph (4) above; and

(b) of the disposal by him of any sums so received,

and shall send the account to the Comptroller and Auditor General not later than the end of the month of November following the financial year to which it relates; and the Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it and of his report before each House of Parliament.

(7) Any consent, loan or determination by the Secretary of State under this paragraph shall require the approval of the Treasury.

11 (1) The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of [F11 the payment of interest on and the discharge of any other financial obligation in connection with] any sums which the Commission borrows from a person other than the Secretary of State.

(2) Immediately after a guarantee is given under this paragraph, the Treasury shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling a guarantee so given, the Treasury shall lay before each House of Parliament a statement relating to that sum as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal sum and in respect of interest on it is finally discharged.

(3) Any sums required by the Treasury for fulfilling a guarantee under this paragraph shall be charged on and issued out of the Consolidated Fund.

(4) If any sums are issued in fulfilment of a guarantee given under this paragraph, the Commission shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rates as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.

(5) Any sums received by the Treasury in pursuance of sub-paragraph (4) above shall be paid into the Consolidated Fund.

Textual Amendments

F11 Words substituted by Miscellaneous Financial Provisions Act 1983 (c. 29, SIF 99:1), s. 4(1), Sch. 2

12 (1) The Commission shall keep proper accounts and other records in relation to its accounts and shall prepare in respect of each financial year a statement of account in such form as the Secretary of State may, with the approval of the Treasury, direct.

(2) The statement of account prepared by the Commission in respect of each financial year shall be submitted to the Secretary of State before such date as he may, with the approval of the Treasury, direct.

(3) The Secretary of State shall, on or before 30th November in each year, transmit to the Comptroller and Auditor General the statement of account prepared by the Commission for the financial year last ended.

(4) The Comptroller and Auditor General shall examine and certify the statement of account transmitted to him under sub-paragraph (3) above and shall lay before Parliament copies of that statement together with his report thereon.

Proceedings E+W

13 (1) The Commission shall regulate its own proceedings.

(2) The validity of any proceedings of the Commission shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.

14 (1) The application of the seal of the Commission shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the Commission for that purpose.

(2) Any document purporting to be a document duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

Annual report E+W

15 (1) The Commission shall publish an annual report on the discharge of its functions.

(2) Copies of each annual report shall be sent by the Commission to the Secretary of State who shall lay copies of it before each House of Parliament.

SCHEDULE 4 E+W . . . F12

Textual Amendments

F12 Sch. 4 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

Section 34.

Schedule 5 E+W Consequential amendments

Modifications etc. (not altering text)

C5 The text of Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Public Health Act 1875 E+W

1 E+W In section 265 of the M6 Public Health Act 1875, for the words from “make any payment” onwards there shall be substituted the words “ make any payment in pursuance of section 19 or 20 of the Local Government Finance Act 1982 ”.

Marginal Citations

M6 1875 c. 55.

The Police Act 1964 E+W

2 In section 8(3) of the M7 Police Act 1964 for the words “Part VIII of the Local Government Act 1972” there shall be substituted the words “ Part III of the Local Governent Finance Act 1982 ”.

Marginal Citations

M7 1964 c. 48.

The Transport Act 1968 E+W

3 E+W For section 14(3) of the M8 Transport Act 1968 there shall be substituted—

“(3) As soon as the accounts of the Executive for any accounting period have been audited in accordance with Part III of the Local Government Finance Act 1982 they shall send a copy of any statement of accounts prepared by them for that period pursuant to regulations under section 23 of that Act to the Minister, to the Authority for the designated area and to each of the councils of the constituent areas, together with a copy of the auditor’s opinion on that statement.”

Marginal Citations

M8 1968 c. 73.

4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 5 para. 4 repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7

The Local Government Act 1972 E+W

5 (1) In section 80(1)(e) of the M9 Local Government Act 1972, for the words “Part VIII below” there shall be substituted the words “ Part III of the Local Government Finance Act 1982 ”. E+W

(2) In section 86(b) of that Act, for the words “by virtue of an order under Part VIII below, a surcharge” there shall be substituted the words “ under Part III of the Local Government Finance Act 1982 or by virtue of ”.

(3) In section 87(1)(d) of that Act—

(a) for the words “by virtue of an order under Part VIII below or a surcharge or” there shall be substituted the words “ under Part III of the Local Government Finance Act 1982 or by virtue of a ”; and

(b) for the words “order, surcharge or” there shall be substituted the words “ relevant order or decision under that Part of that Act or (as the case may be) that ”.

(4) In section 137(7) of that Act, for the words from “and section” onwards there shall be substituted the words “ and section 24 of the Local Government Finance Act 1982 (rights of inspection) shall apply in relation to any such separate account of a local authority as it applies in relation to any statement of accounts prepared by them pursuant to regulations under section 23 of that Act. ”

(5) In section 246(15) of that Act, for the words “Sections 154 to 168 above” there shall be substituted the words “ Section 168 above ”.

Marginal Citations

M9 1972 c. 70.

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14 Sch. 5 para. 6 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

The Land Drainage Act 1976 E+W

7 In paragraphs 5(1)(c) and 8(1)(e) of Schedule 1 to the M10 Land Drainage Act 1976, for the words “Part VIII of the M11 Local Government Act 1972” there shall be substituted the words “ Part III of the Local Government Finance Act 1982 ”.

Marginal Citations

M10 1976 c. 70.

M11 1972 c. 70.

The Local Government, Planning and Land Act 1980 E+W

8 (1) In section 2(7) of the M12 Local Government, Planning and Land Act 1980, for paragraph (b) there shall be substituted— E+W

“(b) its inclusion in a statement of accounts prepared by an authority to which this section applies in accordance with regulations under section 23 of the Local Government Finance Act 1982 or in an abstract of accounts prepared by such an authority in accordance with regulations under section 105 of the Local Government (Scotland) Act 1973; or”.

(2) In section 14(1) of that Act, for the words “section 166 of the Local Government Act 1972” there shall be substituted the words “ section 23 of the Local Government Finance Act 1982 ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F15 Sch. 5 para. 8(3) repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

Marginal Citations

M12 1980 c. 65.

Section 38.

Schedule 6 E+W Repeals

Modifications etc. (not altering text)

C6 The text of Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I E+W

Chapter	Short title	Extent of repeal
1967 c. 9.	The General Rate Act 1967.	In section 2(4)(b) the words “, or any part of the year”.
		In section 3, in subsection (3) the words “Subject to subsection (5) of this section” and the words from “and ending” onwards, in subsection (4) the words “Where a rate is made for a period exceeding three months” and subsection (5).
		In section 7, in subsection (5) the words from “but” onwards and subsection (6).
		in section 12, in subsections (6) and (9), the words “or half-year as the case may be,” wherever they occur and in subsection (9)(b) the words “or half-year” in the second place where they occur.
		Section 48(2).
		In section 115(1), in the definition of “rate period” the words “or part of a year, being a year or part”.
		In Schedule 6, in paragraph 10(b) the words “or comprising”.
		In Schedule 7, in paragraph 14(b) the words “or comprising”.
		In Schedule 10, in paragraph 5 the words from the beginning of sub-paragraph (a) to “in every case” in sub-paragraph (c).
1972 c. 70.	The Local Government Act 1972.	In section 149(1) the words from “and may at any time” onwards.
1976 c. 70.	The Land Drainage Act 1976.	Section 46(4).
		Section 49(4).
1980 c. 65.	The Local Government, Planning and Land Act 1980.	Section 33(3).

Part II E+W

Chapter	Short title	Extent of repeal
1980 c. 65.	The Local Government, Planning and Land Act 1980.	In section 59, subsections (2) and (3) and in subsection (6)(c) the word “and”.
		In Schedule 11, paragraph 8(3) and (4).

Part III E+W

Chapter	Short title	Extent of repeal
1980 c. 65.	The Local Government, Planning and Land Act 1980.	In section 56(8), in the definition of “grant-related poundage” the words “subject to paragraph 6 of Schedule 11 below”.
		Section 64.
		Schedule 11.
1982 c. 32.	The Local Government Finance Act 1982.	In section 8, in subsection (3) the words from “and by paragraph 8” to “District)”, in subsection (5) the words “and sub-pararaphs (3) and (4) of the said paragraph 8” and the words following the semi-colon, in subsection (6) the words “and paragraph 8” and “and sub-paragraphs (9) to (11) of that paragraph”, in subsection (7) the words “or paragraph 8” and subsection (11).

Part IV E+W

Chapter	Short title	Extent of repeal
10 & 11 Geo. 6. c. 41.	The Fire Services Act 1947.	Section 8(5).
1964 c. 48.	The Police Act 1964.	In section 8(3) the words from “and the accounts of every combined police authority” onwards.
1968 c. 73.	The Transport Act 1968.	In section 14, in subsection (1), paragraph (b) and the word “and” preceding it, and subsection (2).
1969 c. 35.	The Transport (London) Act 1969.	In section 10, in subsection (1), paragraph (b) and the word “and” preceding it, and subsection (2).
1972 c. 70.	The Local Government Act 1972.	In section 80, subsection (1)(c) and, in subsection (5), the words “(c) and”, “surcharge or” (in both places), and “as the case may be”.
		Sections 154 to 167.
		Section 197(4).
		Section 228(4).
		In Schedule 24, paragraph 3.
		In Schedule 29, paragraph 7.
1973 c. 37.	The Water Act 1973.	In Schedule 3, in paragraph 9, sub-paragraph (1)(c) and, in sub-paragraph (4), the words “(c) and”, “surcharge or” (in both places), and “as the case may be”.
1976 c. 57.	The Local Government (Miscellaneous Provisions) Act 1976.	In Schedule 1, in paragraph 8, sub-paragraph (1)(c) and, in sub-paragraph (4), the words “(c) and”, “surcharge or” (in both places), and “as the case may be”.
		In Schedule 2, paragraph 19.
1980 c. 5.	The Child Care Act 1980.	In Schedule 1, in paragraph 6, the words following paragraph (b).