1990 No. 1285

LOCAL GOVERNMENT, ENGLAND AND WALESRATING AND VALUATIONTRANSPORT

The Local Government Finance (Miscellaneous Amendments and Repeal) Order 1990

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred upon him by section 147(1) and (2) of the Local Government Finance Act 19881, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement1

This Order may be cited as the Local Government Finance (Miscellaneous Amendments and Repeal) Order 1990 and shall come into force on 19th July 1990.

Provisions amended2

The provisions mentioned in the Schedule hereto are hereby amended as so mentioned.

Provision repealed3

Section 30 of the Channel Tunnel Act 19872 is hereby repealed.

Chris PattenOne of Her Majesty’s Principal Secretaries of State

SCHEDULEPROVISIONS AMENDED

Article 2

PART IPUBLIC GENERAL ACTS

The Forged Transfers Act 1891 (c. 43)

1

In section 1(3), for the words “fund or rate” there shall be substituted the word “revenues”.

2

In section 2, for the definition of “local authority” there shall be substituted the following definition–

  • The expression “local authority” shall mean–

    1. a

      a charging authority, a precepting authority, a combined police authority or a combined fire authority, as defined in section 144 of the Local Government Finance Act 1988;

    2. b

      a levying body within the meaning of section 74 of that Act; and

    3. c

      a body as regards which section 75 of that Act applies.

The Civil Defence Act 1939 (c. 31)3

For paragraph (a) of subsection (1A) of section 623 there shall be substituted the following paragraph–

a

in the case of England and Wales, includes any charging authority or precepting authority within the meaning of section 144 of the Local Government Finance Act 1988, any metropolitan county passenger transport authority and any combination or joint committee of such authorities;

The Landlord and Tenant Act 1954 (c. 56)4

In section 374

a

in subsection (2), “(5E)” shall be substituted for “(5D)”; and

b

after subsection (5D) there shall be inserted the following subsection–

5E

Any deduction made under paragraph 2A of Schedule 6 to the Local Government Finance Act 1988 (deduction from valuation of hereditaments used for breeding horses etc.) shall be disregarded, to the extent that it relates to the holding, in determining the rateable value of the holding under subsection (5) of this section.

The Public Service Vehicles (Travel Concessions) Act 1955 (c. 26)55

In section 1(5) the word “rate” (in both places where it occurs) shall be omitted.

The Public Libraries and Museums Act 1964 (c. 75)6

In paragraphs 2(1)6 and 5 of Schedule 2 for the words “general rate fund” there shall be substituted the words “general fund or, in the case of the Common Council, the City fund”.

The Building Act 1984 (c. 55)7

In section 80(1)(b)(iii), for the words “as defined in section 26 of the General Rate Act 1967” there shall be substituted the words “within the meaning of any of paragraphs 3 to 7 of Schedule 5 to the Local Government Finance Act 1988”.

The Transport Act 1985 (c. 67)8

In section 105(2) the word “rate” shall be omitted.

The Coroners Act 1988 (c. 13)9

In section 27(3)–

a

in paragraph (a) the word “rate” shall be omitted; and

b

in paragraph (c) for the words “general rate” there shall be substituted the words “City fund”.

PART IISTATUTORY INSTRUMENTS

Instrument

Reference

Amendment

The Greater Manchester Passenger Transport Area (Adaptation of Enactments and Instruments) Order 1973

S.I.1973/1727

In article 7(1)(a) the word “rate” shall be omitted

The South Yorkshire Passenger Transport Area (Establishment of Executive) Order 1973

S.I.1973/1728

In article 12(1)(a) the word “rate” shall be omitted

The West Yorkshire Passenger Transport Area (Establishment of Executive) Order 1973

S.I.1973/1729

In article 12(1)(a) the word “rate” shall be omitted

The West Midlands Passenger Transport Area (Adaptation of Enactments and Instruments) Order 1973

S.I.1973/1730

In article 7(1)(a) the word “rate” shall be omitted

The Local Government Superannuation Regulations 1986

S.I.1986/24

In regulation M2(2)(c) the word “rate” shall be omitted.

(This note is not part of the Order)

This Order makes provision consequent upon the Local Government Finance Act 1988 (which establishes new systems of community charges and non-domestic rates).

Article 2 provides for the amendment of the enactments and statutory instruments mentioned in the Schedule.

Article 3 repeals section 30 of the Channel Tunnel Act 1987.