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Local Government Act 2003
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- 2003 c. 26
- Part 1
- Chapter 1
- Borrowing
- Section 3
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 36A 36B inserted by 2007 c. 28 s. 143(1)
- s. 36A(1) text amended by 2009 nawm 2 Sch. 1 para. 25(a)
- s. 36A(2)(b) text amended by 2009 nawm 2 Sch. 1 para. 25(b)
- s. 36A(3) text amended by 2009 nawm 2 Sch. 1 para. 25(c)
- s. 36A(7) text amended by 2009 nawm 2 Sch. 1 para. 25(d)
- s. 36B(1) text amended by 2009 nawm 2 Sch. 1 para. 26(a)
- s. 36B(2) text amended by 2009 nawm 2 Sch. 1 para. 26(b)
- s. 36B(6) text amended by 2009 nawm 2 Sch. 1 para. 26(c)
Commencement Orders yet to be applied to the Local Government Act 2003:
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 provisions within this Act into force:
- S.I. 2003/3034 art. 2 commences (2003 c. 26)
- S.I. 2004/3132 art. 2 3 commences (2003 c. 26)
- S.I. 2006/3339 art. 2 commences (2003 c. 26)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2004/2304 art. 2 commences (2004 c. 21)
- S.I. 2004/2380 art. 2 commences (2004 c. 18)
- S.I. 2004/2917 art. 2 commences (2004 c. 21)
- S.I. 2005/394 art. 2 commences (2004 c. 31)
- S.I. 2005/558 art. 2 Sch. 1 commences (2004 c. 23)
- S.I. 2005/772 art. 2 commences (2004 c. 36)
- S.I. 2005/2034 art. 2-9 commences (2005 c. 18)
- S.I. 2005/2800 art. 3-5 commences (2005 c. 10)
- S.I. 2005/3175 art. 2 3 commences (2004 c. 33)
- S.I. 2006/768 art. 2-4 commences (2005 c. 16)
- S.I. 2006/795 art. 2 Sch. 1 2 commences (2005 c. 16)
- S.I. 2006/2797 art. 2-7 commences (2005 c. 16)
- S.I. 2006/2826 art. 2 commences (2004 c. 18)
- S.I. 2006/3191 art. 2 commences (2004 c. 34)
- S.I. 2007/390 art. 2 commences (2005 c. 16)
- S.I. 2007/2053 art. 2 3 commences (2004 c. 18)
- S.I. 2007/3232 art. 2 commences (2004 c. 34)
- S.I. 2008/172 art. 2-9 commences (2007 c. 28)
- S.I. 2008/917 art. 2-5 commences (2007 c. 28)
- S.I. 2008/3110 art. 2-6 commences (2007 c. 28)
- S.I. 2009/3272 art. 2-4 Sch. 1-3 commences (2009 nawm 2)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2010/735 art. 2 commences (2005 c. 18)
- S.I. 2010/862 art. 2 3 commences (2008 c. 17)
- S.I. 2011/339 art. 2 commences (2010 asp 17)
- S.I. 2011/2896 art. 2 commences (2011 c. 20)
Prospective
3Duty to determine affordable borrowing limitE+W
This section has no associated Explanatory Notes
(1)A local authority shall determine and keep under review how much money it can afford to borrow.
(2)In the case of the following authorities, namely—
(a)the Greater London Authority, and
(b)a functional body,
the Mayor shall determine and keep under review how much money the authority can afford to borrow.
(3)Before making any determination under subsection (2), the Mayor shall consult the London Assembly.
(4)Before making a determination under subsection (2) for a functional body, the Mayor shall consult that body.
(5)The Secretary of State may by regulations make provision about the performance of the duty under subsection (1) or (2).
(6)Regulations under subsection (5) may, in particular—
(a)make provision about—
(i)when a determination under subsection (1) or (2) is to be made,
(ii)how such a determination is to be made, and
(iii)the period for which such a determination is to be made;
(b)make provision about the monitoring of an amount determined under subsection (1) or (2);
(c)make provision about factors to which regard may be had in making a determination under subsection (1) or (2) or in monitoring an amount determined under that subsection.
(7)Regulations under subsection (5) may include provision requiring a person making a determination under subsection (1) or (2) to have regard to one or more specified codes of practice, whether issued by the Secretary of State or another.
(8)A local authority’s function under subsection (1) shall be discharged only by the authority.
(9)Section 38(1) of the Greater London Authority Act 1999 (c. 29) (delegation by Mayor) does not apply in relation to functions under subsection (2).
(10)The power under subsection (7) is not to be read as limited to the specification of an existing document.
(11)In this section—
“functional body” has the same meaning as in the Greater London Authority Act 1999 (c. 29);
“local authority” does not include the Greater London Authority or a functional body;
“Mayor” means Mayor of London.
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