The Local Government Act 2003 (Commencement) (Wales) Order 2003

Article 2

SCHEDULE 1

PART I Provisions coming into force on 27th November 2003 in so far as they relate to Wales

Sections 1 to 24	(only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
Sections 25 to 28	(only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
Section 36
Section 37	(only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
Sections 38 to 40
Sections 41 to 59
Sections 60 and 61
Section 62(1) and (3) to (10)
Sections 66 and 67(1) and (3) to (5)
Section 70(1) to (3) and (7) to (9)
Section 71
Section 75(2) to (5)
Section 89	(only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
Section 90(1) to (3)	(only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
Section 100(3)
Section 101	(only so far as relating to a best value authority in Wales, other than one mentioned in subsection (7) of that section)
Section 102
Section 109(1)	(so far as relating to registered social landlords for which the National Assembly for Wales is the Relevant Authority for the purposes of Part 1 of the Housing Act 1996 (c. 52))
Section 109(2)
Section 117	(only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
Sections 118 and 119
Section 127(3) and (4)
Schedule 1	(only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
Schedule 2	(only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
Schedule 3
Schedule 7 and section 127(1) so far as relating to —
	paragraphs 2 and 3 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraph 5
	paragraph 6 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraphs 8, 9(2) and 12 to 17
	paragraph 18 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraphs 19, 22, 23, 24(4), 25(2) and (3), 26(1) and (2)
	paragraph 29 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraph 30
	paragraphs 32 and 33(3) and (5) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraphs 49(b), 50(b) and 51(2)
	paragraph 51(3) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraph 56
	paragraph 57 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraphs 58, 59, 61 and 62
	paragraphs 63 and 64 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraph 66
	paragraph 67 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraph 79 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
Schedule 8 and section 127(2) so far as relating to —
	section 137(4AA) and (4C) of the Local Government Act 1972 (c. 70)
	the Stock Transfer Act 1982 (c. 41) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	the Housing Act 1985 (c. 68)
	section 33 of the Local Government Act 1988 (c. 9)
	section 140(2) of the Local Government Finance Act 1988 (c. 41)
	sections 39 to 66 of the Local Government and Housing Act 1989 (c. 42) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	section 80(2) of the Local Government and Housing Act 1989 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	section 80(3) of the Local Government and Housing Act 1989 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	section 155(4) of and Schedule 3 to the Local Government and Housing Act 1989 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraph 37(2) of Schedule 5 to the Local Government and Housing Act 1989
	paragraph 60 of Schedule 5 to the Local Government and Housing Act 1989 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraphs 6, 7 and 59 of Schedule 11 to the Local Government and Housing Act 1989 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraph 97 of Schedule 11 to the Local Government and Housing Act 1989
	section 88(6)(a) of the Environmental Protection Act 1990 (c. 43)
	section 11(3) of the Local Government Finance Act 1992 (c. 14)
	sections 32(11), 43(8) and 50(6) of the Local Government Finance Act 1992 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	section 52Z(3) of the Local Government Finance Act 1992
	section 69(1) of the Local Government Finance Act 1992
	paragraph 90 of Schedule 13 to the Local Government Finance Act 1992 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	section 51(2) of the Local Government (Wales) Act 1994 (c. 19) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraph 30 of Schedule 15 to the Local Government (Wales) Act 1994
	paragraph 88 of Schedule 16 to the Local Government (Wales) Act 1994 (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraph 8(5) of Schedule 8 to the Environment Act 1995 (c. 25)
	section 30 of the Police and Magistrates' Courts Act 1994 (c. 29) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	section 73 of and paragraph 31(2) of Schedule 10 to the Environment Act 1995 (c. 25) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	Schedule 7 to the Police Act 1996 (c. 16) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	The Local Government Finance (Supplementary Credit Approvals) Act 1997 (c. 63) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	section 81(4) of the Government of Wales Act 1998 (c. 38) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	paragraph 5 of Schedule 12 to the Access to Justice Act 1999 (c. 22) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	section 1(4) of the Rating (Former Agricultural Premises and Rural Shops) Act 2001 (c. 14)
	paragraph 53 of Schedule 6 to the Criminal Justice and Police Act 2001 (c. 16) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)
	Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (only for the purpose of and in relation to financial years beginning on or after 1st April 2004)

PART II Provisions coming into force on 1st April 2004 in so far as they relate to Wales

• Section 64

• Section 67(2)

• Section 92(2)

• Section 120

• Schedule 6

• Schedule 7 and section 127(1) so far as relating to—

  • Paragraph 4

Article 3

SCHEDULE 2 Transitional Provisions and Savings

Local authorities discretionary expenditure

1.  Despite the repeal of section 137(4AA) of the Local Government Act 1972 (c. 70), article 2(2) of the Local Authorities (Discretionary Expenditure Limits) (Wales) Order 2000(1) is to remain in force.

Local Government and Housing Act 1989

2.—(1) Despite the repeal of those sections of and paragraphs of Schedule 3 to the Local Government and Housing Act 1989 (c. 42) in column (1) below the corresponding regulations in column (2) are to remain in force until 31st March 2004, and thereafter to the extent that the relevant provisions are saved by paragraph 2(2)(a) to (i) of this Schedule:

(1)	(2)
Section 66(1)(a)	The Local Authorities (Capital Finance) (Approved Investments) Regulations 1990(2)
	The Local Authorities (Capital Finance) (Approved Investments) (Amendment) Regulations 1991(3)
	The Local Authorities (Capital Finance) (Approved Invesments) (Amendment) Regulations 1992(4)
Sections 40(5)(a), 49(3), 51(7), 59(3) and (5), 61(4), 64(2), 66(1)(a) and (6) and paragraphs 10, 15(1)(a) and 18(1) of Schedule 3	The Local Authorities (Capital Finance and Approved Investments) (Amendment) Regulations 1995(5)
Sections 40(5)(b), 42(4)(a), 49(3), 51(7), 58(9)(b), 59(3) and (5), 64(2), 66(1)(a) and paragraphs 10 and 15(1)(a) of Schedule 3	The Local Authorities (Capital Finance and Approved Investments) (Amendment No. 2) Regulations 1995(6)
Sections 48(5), 49(3), 58(9)(b), 59(3), (4) and (5), 61(4), 64(2), 66(1)(a) and paragraphs 10 and 15(1)(a) of Schedule 3	The Local Authorities (Capital Finance and Approved Investments) (Amendment) Regulations 1996(7)
Sections 40(5), 42(4), 48(1)(c) and (5), 49(3), 51(7), 57(1)(c), 58(4)(b) and (9), 59(3) to (5), 61(4), 64(2) and (5), 66(1)(a) and (6) and paragraphs 10, 11(2), 15(1)(a), 17, 18(1) and 20 of Schedule 3	The Local Authorities (Capital Finance) Regulations 1997(8)
Sections 48(1)(c), 49(3), 59(4) and 61(4)	The Local Authorities (Capital Finance) (Amendment) Regulations 1997(9)
Sections 48(1)(c), 59(4) and paragraphs 15(1)(a) and 20 of Schedule 3	The Local Authorities (Capital Finance) (Amendment) Regulations 1998(10)
Section 48(5)	The Local Authorities (Capital Finance) (Amendment) (No. 2) Regulations 1998(11)
Sections 40(5)(a), 58(9)(a) and 59(3) and (5) and paragraph 15(1)(a) of Schedule 3	The Local Authorities (Capital Finance) (Amendment No. 3) Regulations 1998(12)
Sections 59(4) and (5)	The Local Authorities (Capital Finance) (Amendment) (Wales) Regulations 1999(13)
Sections 40(5)(a), 48(1)(c), 49(2), 59(4) and (5), 61(4) and 66(1)(a)	The Local Authorities (Capital Finance and Approved Investments) (Amendment) (Wales) Regulations 1999(14)
Section 49(3)	The Local Authorities (Capital Finance) (Amendment) (Wales) Regulations 2000(15)
Section 61(1)(a)	The Local Authorities (Approved Investments) (Amendment) (Wales) Regulations 2001(16)
Section 58(9) and 66(1)(a)	The Local Authorities (Capital Finance and Approved Investments) (Amendment) (Wales) Regulations 2002(17)
Section 66(1)(a)	The Local Authorities (Capital Finance) (Approved Investments) (Amendment) (No. 2) (Wales) Regulations 2002(18)
Section 49(2)	The Local Authorities (Capital Finance) (Rate of Discount for 2003/2004) (Wales) Regulations 2003(19)
Section 42(4)	The Local Authorities (Capital Finance) (Amendment) (Wales) Regulations 2003(20)

(2) (a) Sections 39 (application of Part 4) and 66 (interpretation of Part 4) of the Local Government and Housing Act 1989 are to continue to have effect on and after 1st April 2004, as if those sections had not ceased to have effect or been repealed by virtue of the Act, for the purposes of the transitional provisions and savings in paragraphs (b) to (i) below.

(b) Sections 40 to 42 of the Local Government and Housing Act 1989 (capital purposes and charge of expenditure to revenue account) are to continue to have effect in relation to expenditure incurred by a local authority before 1st April 2004 as if those sections had not ceased to have effect or been repealed by virtue of the Act.

(c) Any direction made under section 40(6) of the Local Government and Housing Act 1989 (capital purposes) —

(i) In respect of expenditure which may be treated by the authority concerned as expenditure for capital purposes; and

(ii) In which the period specified under section 40(6)(d) ends on or after 1st April 2004,

is to continue to have effect on and after 1st April 2004 as if it were a direction made under section 16(2)(b) of the Act (“capital expenditure”), and accordingly the expenditure referred to in the direction may be treated by the authority concerned as capital expenditure for the purposes of Chapter 1 of Part 1 of the Act.

(d) Sections 54 to 57 of the Local Government and Housing Act 1989 (credit approvals) are to continue to have effect before 1st October 2004, as if they had not ceased to have effect or been repealed by virtue of the Act, for the purposes of any basic credit approval or supplementary credit approval issued before that date for a financial year, or period, beginning before 1st April 2004.

(e) Sections 58, 59 and 61 of the Local Government and Housing Act 1989 (capital receipts) are to continue to have effect before 1st October 2004, as if they had not ceased to have effect or been repealed by virtue of the Act, for the purposes of section 60 of the Local Government and Housing Act 1989 (the usable balance of capital receipts).

(f) Section 60 of the Local Government and Housing Act 1989 is to continue to have effect before 1st October 2004, as if it had not ceased to have effect or been repealed by virtue of the Act, for the purposes of any determination made under that section in respect of the usable part of the authority’s capital receipts that are to be applied before 1st April 2004.

(g) Part 4 of Schedule 3 to the Local Government and Housing Act 1989 (minimum revenue provision) is to continue to have effect before 1st October 2004, as if it had not ceased to have effect or been repealed by virtue of the Act, for the purposes of section 63(1) of the Local Government and Housing Act 1989 (duty to set certain amounts aside as provision to meet credit liabilities).

(h) Subsections (1) and (5) of section 63 of the Local Government and Housing Act 1989 are to continue to have effect before 1st October 2004, as if they had not ceased to have effect or been repealed by virtue of the Act, for the purposes of any determination under that section made before that date in relation to the financial year beginning on 1st April 2003.

(i) Section 65 of the Local Government and Housing Act 1989 (information) is to continue to have effect on and after 1st April 2004, as if it had not ceased to have effect or been repealed by virtue of the Act, for the purposes of any information required by the National Assembly for Wales for any purpose specified in paragraph (a), (b) or (c) of subsection (1) insofar as it relates to any financial year beginning before 1st April 2004.

Capital Finance — Part 1 of the Act

3.—(1) Any credit arrangement —

(a) within the meaning of section 48 of the Local Government and Housing Act 1989 (credit arrangements);

(b) in existence immediately before 1st April 2004; and

(c) which, if it had been entered into on 1st April 2004, would be a credit arrangement within the meaning of section 7 of the Act (“credit arrangements”),

shall be treated as if it were a credit arrangement for the purposes of Chapter 1 of Part 1 of the Act (capital finance etc.).

(2) The usable part of any capital receipt —

(a) within the meaning of section 60(2) of the Local Government and Housing Act 1989 (the usable balance of capital receipts); and

(b) which is not applied by the local authority in any financial year beginning before 1st April 2004,

is to be treated as if it were a capital receipt within the meaning of section 9 of the Act (“capital receipt”) for the purposes of Chapter 1 of Part 1 of the Act.

Financial administration

4.  Section 27 of the Act (budget calculations: report on inadequacy of controlled reserve) is not to apply in relation to calculations for the purpose of any financial year beginning before 1st April 2005.

Housing revenue account

5.  Despite the coming into force of paragraph 33(3) of Schedule 7 to the Act, any direction made under item 9 in Part 1 of Schedule 4 to the Local Government and Housing Act 1989, which has effect for a financial year beginning on or after 1st April 2004 is to continue to have effect, as if it were made under item 9 as substituted by paragraph 33(3) of Schedule 7 to the Act.

Local retention of rates

6.  Despite the coming into force of section 70 of the Act, the provisions in paragraphs 5(6) and (6A) of Schedule 8 to the Local Government Finance Act 1988 (c. 41) as they apply to any financial year ending on or before 31st March 2005 are to continue to operate as if the amendments to those paragraphs had not been made.

(1)

S.I. 2000/990.

(2)

S.I. 1990/426.

(3)

S.I. 1991/501.

(4)

S.I. 1992/1353.

(5)

S.I. 1995/850.

(6)

S.I. 1995/1982.

(7)

S.I. 1996/568.

(8)

S.I. 1997/319.

(9)

S.I. 1997/848.

(10)

S.I. 1998/371.

(11)

S.I. 1998/602.

(12)

S.I. 1998/1937.

(13)

S.I. 1999/501.

(14)

S.I. 1999/1852.

(15)

S.I. 2000/992.

(16)

S.I. 2001/3731.

(17)

S.I. 2002/885.

(18)

S.I. 2002/1884.

(19)

S.I. 2003/894.

(20)

S.I. 2003/915.