The Local Government Finance Act 1988 (Miscellaneous Amendments and Repeals) Order 1990

Statutory Instruments

1990 No. 10

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Finance Act 1988 (Miscellaneous Amendments and Repeals) Order 1990

Made

4th January 1990

Laid before Parliament

8th January 1990

Coming into force

29th January 1990

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by section 147(1) and (2) of the Local Government Finance Act 1988(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government Finance Act 1988 (Miscellaneous Amendments and Repeals) Order 1990 and shall come into force on 29th January 1990.

Amendment of section 97(4) of the Local Government Act 1972

2.  In section 97(4) of the Local Government Act 1972(2) after the word “as”, where first occurring, there shall be inserted the words “a person who is liable under the Local Government Finance Act 1988 to pay an amount in respect of any community charge or who would be so liable but for any enactment or anything provided or done under any enactment or as”.

Repeal of section 13 of the Rates Act 1984

3.  Section 13 of the Rates Act 1984(3) is hereby repealed.

Chris Patten

Secretary of State for the Environment

2nd January 1990

Signed by authority of the Secretary of State for Wales

Ian Grist

Parliamentary Under-Secretary of State, Welsh Office

4th January 1990

Explanatory Note

(This note is not part of the Order)

Section 97(4) of the Local Government Act 1972 provides that a member of a local authority does not have to declare an interest for the purposes of section 94 of the 1972 Act in any contract, proposed contract or other matter, which he has as a ratepayer or inhabitant of the area or as an ordinary consumer of water.

This Order amends section 97(4) to provide in addition that a member need not declare an interest for the purposes of section 94 where the interest arises from liability under the Local Government Finance Act 1988 to pay any community charge.

The Order also repeals section 13 of the Rates Act 1984 (duty to consult industrial and commercial ratepayers).

(1)

1988 c. 41.

(2)

1972 c. 70.

(3)

1984 c. 33.