Local Government (Best Value Authorities) (Power to Trade) (England) (Amendment) Order 2004

Citation and commencement

1.  This Order may be cited as the Local Government (Best Value Authorities) (Power to Trade) (England) (Amendment) Order 2004 and shall come into force on 1st October 2004.

Amendment of the Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004

2.—(1) The Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004(1) is amended as follows.

(2) In article 1 (application)—

(a) in paragraph (2), after the words “paragraph (3)” insert “and article 4”;

(b) in paragraph (3) –

(i) for the words “This Order” substitute “Subject to article 4, this Order”;

(ii) for sub-paragraph (c) to the end of the article substitute –

“(c) the Council of the Isles of Scilly;

when acting in its capacity as a fire and rescue authority.”.

(3) In article 2(1) (power to trade in function-related activities), after the words “paragraphs (2) and (3)” insert “and article 4”.

(4) After article 3 (transitional arrangements), add the following article—

“Transitional arrangements in respect of fire and rescue authorities

4.— (1) Subject to paragraph (2), this article applies to the fire and rescue authorities specified in column 1 of the Schedule.

(2) This article shall cease to have effect on 30th September 2007 in relation to a fire and rescue authority specified in the Schedule.

(3) The fire and rescue authorities to which this article applies—

(a) shall be treated as authorities to which this Order applies, irrespective of whether an order under section 99(4) of the Local Government Act 2003 has been made in relation to those authorities; and

(b) are authorised to provide for a commercial purpose only the services specified in the corresponding entry in column 2 of the Schedule.

(4) A fire and rescue authority which exercises the power conferred by paragraph (3)(b) does not have to comply with article 2(2).”.

(5) At the end, insert the Schedule as set out in the Schedule to this Order.

Signed by authority of the First Secretary of State

Phil Hope

Parliamentary Under Secretary of State

Office of the Deputy Prime Minister

7th September 2004