The Local Government Finance Act 1992 (Commencement No. 11) Order 2015

Scottish Statutory Instruments

2015 No. 59 (C. 11)

Local Government

Water Supply

The Local Government Finance Act 1992 (Commencement No. 11) Order 2015

Made

17th February 2015

Laid before the Scottish Parliament

18th February 2015

Coming into force in accordance with article 1(1)

The Scottish Ministers make the following Order in exercise of the powers conferred by section 119(2) of the Local Government Finance Act 1992(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government Finance Act 1992 (Commencement No. 11) Order 2015 and comes into force on the appointed day.

(2) In this Order “the appointed day” means the day on which the Community Charge Debt (Scotland) Act 2015 comes into force(2).

Appointed day

2.—(1) So far as it provides for the repeal of the enactments specified in paragraph (2), and in that respect is not already in force, Schedule 14 to the Local Government Finance Act 1992 comes into force on the appointed day.

(2) The enactments are—

(a) the Abolition of Domestic Rates Etc. (Scotland) Act 1987(3);

(b) provisions in the Local Government Finance Act 1988(4);

(c) provisions in the Local Government and Housing Act 1989(5).

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

17th February 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings provisions in Schedule 14 to the Local Government Finance Act 1992 (“the 1992 Act”) into force on the day on which the Community Charge Debt (Scotland) Act 2015 comes into force.

Schedule 14 to the 1992 Act provides for the repeal of the Abolition of Domestic Rates Etc. (Scotland) Act 1987, which introduced the community charge (commonly known as the “poll tax”) in Scotland. Parts of that repeal have already been commenced. Article 2(2)(a) of this Order commences the repeal fully.

Article 2(2)(b) and (c) of this Order commences the repeal of provisions that amended the Abolition of Domestic Rates Etc. (Scotland) Act 1987.

A note as to earlier commencement orders is appended to the Local Government Finance Act 1992 (Commencement No. 10) Order 1996 (S.I. 1996/918), which is the commencement order immediately preceding this Order. With the provision made by this Order, all provisions of the 1992 Act that remain relevant to Scotland have now been fully commenced. There is an uncommenced repeal of material in the Civil Jurisdiction and Judgments Act 1982 (c.27), but that repeal has been superseded by subsequent amendment of that Act.

(1)

1992 c.14. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

The Community Charge Debt (Scotland) Bill was introduced in the Scottish Parliament on 3rd December 2014.

(3)

1987 c.47. Relevant earlier commencement orders are S.I. 1992/818, S.I. 1992/2454 and S.I. 1993/575.

(4)

1988 c.41. The repeals relating to the Local Government Finance Act 1988 (“the 1988 Act”) commenced when the Local Government Finance Act 1992 received Royal Assent, by virtue of section 119 of that Act, other than the repeals relating to Schedule 12 to the 1988 Act. Relevant earlier commencement orders for the repeals relating to Schedule 12 to the 1988 Act are S.I. 1992/818, S.I. 1992/2183 and S.I. 1993/575.

(5)

1989 c.42. Relevant earlier commencement orders are S.I. 1992/818, S.I. 1992/2183, S.I. 1992/2454 and S.I. 1993/575.