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The Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004 (“the principal Order”) authorises certain local authorities to trade in any of their ordinary functions subject to certain conditions. Under section 95(4) of the Local Government Act 2003 the power to trade must be exercised through a company.
This Order amends the principal Order to provide transitional arrangements in respect of fire and rescue authorities, specified in the Schedule to the Order (which have been trading in certain functions under the Fire Services Act 1947). That Act is repealed by the Fire and Rescue Services Act 2004 with effect from 1st October 2004. The effect of the amendments made by this Order is to allow those authorities to continue trading in those functions. The Fire and Rescue Services Act 2004 (Commencement) (England and Scotland) Order 2004 S.I. 2004/ 2304 (C.100) also makes savings for the Fire Services Act 1947, which is repealed by the Fire and Rescue Services Act 2004, in relation to trading activities carried out on or before, or contracted to be provided on or before, 31st March 2005.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, voluntary bodies or public authorities.
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