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Local Government Finance Act 1988
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- 1988 c. 41
- Part XI
- General
- Section 143
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Changes and effects
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- s. 143(3) word substituted by 2003 c. 26 Sch. 7 para. 24(2)
- s. 143(3) word substituted by 2012 c. 17 s. 1(3)(a)
- s. 143(3B) inserted by 2007 c. 9 s. 1(3)
- s. 143(4) word substituted by 2003 c. 26 Sch. 7 para. 24(3)
- s. 143(4A) inserted by 2003 c. 26 Sch. 7 para. 24(4)
- s. 143(4ZA) inserted by 2007 c. 9 Sch. 1 para. 4(2)
- s. 143(8) repealed by 2003 c. 26 Sch. 8 Pt. 1
- s. 143(9AA) inserted by 2003 c. 26 Sch. 7 para. 24(5)
- s. 143(11) repealed by 2003 c. 26 Sch. 8 Pt. 1
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 45A inserted by 2007 c. 9 s. 1(2)
- s. 48A inserted by 2011 c. 20 Sch. 22 para. 24
- s. 49A inserted by 2011 c. 20 s. 71
- s. 57A inserted by 2003 c. 26 s. 65(1)
- s. 57A(2)(a) word inserted by 2007 c. 9 Sch. 1 para. 3(1)
- s. 57A(3)(b) words substituted by 2007 c. 9 Sch. 1 para. 3(2)
- s. 59A inserted by 2012 c. 17 s. 1(2)
- s. 66A inserted by 2007 c. 9 Sch. 1 para. 4(1)
- s. 77A and heading inserted by 2003 c. 26 Sch. 7 para. 14
- s. 84E(1) text amended by S.I. 2007/1388 Sch. 1 para. 23
- s. 84F words substituted by 2011 c. 13 Sch. 16 para. 183(a)
- s. 84F(1) text amended by S.I. 2007/1388 Sch. 1 para. 24(2)
- s. 84F(2)(b) text amended by S.I. 2007/1388 Sch. 1 para. 24(3)
- s. 84F(2)(c) text amended by S.I. 2007/1388 Sch. 1 para. 24(3)
- s. 84F(3)(b) text amended by S.I. 2007/1388 Sch. 1 para. 24(3)
- s. 84F(3)(c) text amended by S.I. 2007/1388 Sch. 1 para. 24(3)
- s. 84F(5) text amended by S.I. 2007/1388 Sch. 1 para. 24(4)
- s. 84F(7) omitted by 2011 c. 13 Sch. 16 para. 183(b)
- s. 84G(1) text amended by S.I. 2007/1388 Sch. 1 para. 25(2)
- s. 84G(2) text amended by S.I. 2007/1388 Sch. 1 para. 25(3)
- s. 84G(3) text amended by S.I. 2007/1388 Sch. 1 para. 25(4)
- s. 84G(4) text amended by S.I. 2007/1388 Sch. 1 para. 25(5)
- s. 84G(5) substituted by S.I. 2007/1388 Sch. 1 para. 25(6)
- s. 84H substituted by S.I. 2007/1388 Sch. 1 para. 26
- s. 84J substituted by S.I. 2007/1388 Sch. 1 para. 27
- s. 84K(1) text amended by S.I. 2007/1388 Sch. 1 para. 28(2)
- s. 84K(2) text amended by S.I. 2007/1388 Sch. 1 para. 28(3)
- s. 84K(2)(3) text amended by S.I. 2007/1388 Sch. 1 para. 28(4)
- s. 84K(5) text amended by S.I. 2007/1388 Sch. 1 para. 28(3)
- s. 84K(5)(6) text amended by S.I. 2007/1388 Sch. 1 para. 28(4)
- s. 84L substituted by S.I. 2007/1388 Sch. 1 para. 29
- s. 84M(1) substituted by S.I. 2007/1388 Sch. 1 para. 30(2)
- s. 84M(2) substituted by S.I. 2007/1388 Sch. 1 para. 30(3)
- s. 84M(4) text amended by S.I. 2007/1388 Sch. 1 para. 30(4)(a)
- s. 84M(4)(b) text amended by S.I. 2007/1388 Sch. 1 para. 30(4)(b)
- s. 84M(6) text amended by S.I. 2007/1388 Sch. 1 para. 30(5)
- s. 84N(1) text amended by S.I. 2007/1388 Sch. 1 para. 31(2)
- s. 84N(2) text amended by S.I. 2007/1388 Sch. 1 para. 31(3)
- s. 84N(4) text amended by S.I. 2007/1388 Sch. 1 para. 31(4)
- s. 84N(5) text amended by S.I. 2007/1388 Sch. 1 para. 31(5)
- s. 84P(1) text amended by S.I. 2007/1388 Sch. 1 para. 32(2)
- s. 84P(3) text amended by S.I. 2007/1388 Sch. 1 para. 32(3)
- s. 84P(5) text amended by S.I. 2007/1388 Sch. 1 para. 32(4)
- s. 84Q inserted by S.I. 2007/1388 Sch. 1 para. 33(1)
- s. 84Q(1)(a) omitted by 2012 c. 17 s. 3(2)
- s. 84Q(2) words substituted by 2011 c. 13 Sch. 16 para. 184(a)
- s. 84Q(3) omitted by 2011 c. 13 Sch. 16 para. 184(b)
- s. 86A 86B inserted by S.I. 2007/1388 Sch. 1 para. 34
- s. 88C inserted by S.I. 2007/1388 Sch. 1 para. 38
- s. 143(9C)-(9E) inserted by 2012 c. 17 s. 1(3)(b)
- Sch. 7B inserted by 2012 c. 17 s. 1(4) Sch. 1
- Sch. 11 para. 12A and cross heading inserted by 2007 c. 28 Sch. 15 para. 17
Commencement Orders yet to be applied to the Local Government Finance Act 1988:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1766 art. 2 commences (2002 c. 16)
- S.I. 2003/1920 art. 2 commences (1999 c. 29)
- S.I. 2003/2938 art. 3(a) commences (2003 c. 26)
- S.I. 2003/3034 art. 2 commences (2003 c. 26)
- S.I. 2004/2304 art. 2 commences (2004 c. 21)
- S.I. 2004/2917 art. 2 commences (2004 c. 21)
- S.I. 2004/3132 art. 2 3 commences (2003 c. 26)
- S.I. 2005/558 art. 2 Sch. 1 commences (2004 c. 23)
- S.I. 2005/910 art. 3(y) commences (2003 c. 39)
- S.I. 2006/1403 art. 2 commences ()
- S.I. 2006/3339 art. 2 commences (2003 c. 26)
- S.I. 2007/3136 art. 2 commences (2007 c. 28)
- S.I. 2008/172 art. 2-9 commences (2007 c. 28)
- S.I. 2008/839 art. 2 commences (2007 c. 18)
- S.I. 2008/917 art. 2-5 commences (2007 c. 28)
- S.I. 2008/3110 art. 2-6 commences (2007 c. 28)
- S.I. 2009/107 art. 2-5 Sch. 1-5 Commencement Order
- S.I. 2009/2202 art. 2 commences (2009 c. 7)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2011/2329 art. 3 commences (2011 c. 5)
- S.I. 2011/2896 art. 2 commences (2011 c. 20)
- S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
- S.I. 2012/193 art. 2 commences (2011 c. 20)
- S.I. 2012/628 art. 2-8 commences (2011 c. 20)
- S.I. 2012/887 art. 2 3 coming into force
143 Orders and regulations.E+W
(1)The power to make an order or regulations under this Act may be exercised differently in relation to different areas or in relation to other different cases or descriptions of case.
(2)An order or regulations under this Act may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State [F1the Minister of Agriculture, Fisheries and Food] or the Treasury (as the case may be) to be necessary or expedient.
(3)Subject to subsections [F2(3A)] to [F3(9A)] below, the power to make an order or regulations under this Act shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
[F4(3A)The power to make an order under section 43(6B)(c)(ii) above shall be exercisable by statutory instrument, and no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament]
(4)The power to make regulations under section . . . F5 58 above shall be exercisable by statutory instrument, and no such regulations shall be made unless a draft of them has been laid before and approved by resolution of each House of Parliament.
(5)As regards the power to make regulations under section 75 [F6, 91(3C)] or 118 above [F7other than regulations relating to an internal drainage board], subsection (3) above shall have effect without the words from “subject” to the end.
(6)As regards the power to make an order under F8. . . section 150 below, subsection (3) above shall have effect without the words from “subject” to the end.
F9(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The power to make an order under paragraph 3 of Schedule 6 below shall be exercisable by statutory instrument, and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(9)The power to make an order under paragraph 5 of Schedule 7 below shall be exercisable as there mentioned.
[F10(9A)The power to make an order under paragraph 5 of Schedule 7A below shall be exercisable by statutory instrument, and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(9B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(10)Before he makes regulations under section 75 or 118 above [F11other than regulations relating to an internal drainage board], the Secretary of State shall, by means of a notice in a newspaper or newspapers, take such steps as he thinks reasonably practicable to bring the contents of the proposed regulations to the notice of persons likely to be affected.
(11)An order under paragraph 3 of Schedule 6 below shall, if apart from the provisions of this subsection it would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, proceed in that House as if it were not such an instrument.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and only.
Amendments (Textual)
F1Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 72(2)
F2Words in s. 143(3) substituted (19.11.1997) by 1997 c. 29, s. 1, Sch. 1 para. 6(a); S.I. 1997/2752, art. 2(1) (with art. 2(2))
F3Words in s. 143(3) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 80(1) (with s. 118(1)(2)(4))
F4S. 143(3A) inserted (19.11.1997) by 1997 c. 29, s. 1, Sch. 1 para. 6(b); S.I. 1997/2752, art. 2(1) (with art. 2(2))
F5Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 139, 194(4), Sch. 5 para. 72(4), Sch. 12 Pt. II Note 4
F6Words in s. 143(5) inserted (12.1.2000) by 1999 c. 29, s. 106(5) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 2
F7Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 72(5)
F8Words in s. 143(6) ceased to have effect (25. 9. 1991) by Local Government Finance and Valuation Act 1991 (c. 51), ss. 1(2)(b)(3), 7(5) and expressed to be repealed (6.3.1992) by 1992 c. 14, s. 117, Sch. 13 para. 80(2), Sch. 14 (with s. 118(1)(2)(4))
F9S. 143(7)(9B) repealed (6.3.1992) by 1992 c. 14, s. 117, Sch. 10 para. 80(3), Sch. 14 (with s. 118(1)(2)(4))
F10S. 143(9A)(9B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 72(6)
F11Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 72(7)
143 Orders and regulations.S
(1)The power to make an order or regulations under this Act may be exercised differently in relation to different areas or in relation to other different cases or descriptions of case.
(2)An order or regulations under this Act may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State [F12the Minister of Agriculture, Fisheries and Food] or the Treasury (as the case may be) to be necessary or expedient.
(3)Subject to subsections (4) to [F13(9A)] below, the power to make an order or regulations under this Act shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(4)The power to make regulations under section . . . F14 58 above shall be exercisable by statutory instrument, and no such regulations shall be made unless a draft of them has been laid before and approved by resolution of each House of Parliament.
(5)As regards the power to make regulations under section 75 or 118 above [F15other than regulations relating to an internal drainage board], subsection (3) above shall have effect without the words from “subject” to the end.
(6)As regards the power to make an order under F16. . . section 150 below, subsection (3) above shall have effect without the words from “subject” to the end.
F17(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The power to make an order under paragraph 3 of Schedule 6 below shall be exercisable by statutory instrument, and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(9)The power to make an order under paragraph 5 of Schedule 7 below shall be exercisable as there mentioned.
[F18(9A)The power to make an order under paragraph 5 of Schedule 7A below shall be exercisable by statutory instrument, and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(9B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(10)Before he makes regulations under section 75 or 118 above [F19other than regulations relating to an internal drainage board], the Secretary of State shall, by means of a notice in a newspaper or newspapers, take such steps as he thinks reasonably practicable to bring the contents of the proposed regulations to the notice of persons likely to be affected.
(11)An order under paragraph 3 of Schedule 6 below shall, if apart from the provisions of this subsection it would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, proceed in that House as if it were not such an instrument.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Amendments (Textual)
F12Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 72(2)
F13Words in s. 143(3) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 80(1) (with s. 118(1)(2)(4))
F14Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 139, 194(4), Sch. 5 para. 72(4), Sch. 12 Pt. II Note 4
F15Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 72(5)
F16Words in s. 143(6) ceased to have effect (25. 9. 1991) by Local Government Finance and Valuation Act 1991 (c. 51), ss. 1(2)(b)(3), 7(5) and expressed to be repealed (6.3.1992) by 1992 c. 14, s. 117, Sch. 13 para. 80(2), Sch. 14 (with s. 118(1)(2)(4))
F17S. 143(7)(9B) repealed (6.3.1992) by 1992 c. 14, s. 117, Sch. 10 para. 80(3), Sch. 14 (with s. 118(1)(2)(4))
F18S. 143(9A)(9B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 72(6)
F19Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 72(7)
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