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2004 No. 3132 (C.133)

LOCAL GOVERNMENT (ENGLAND AND WALES)

The Local Government Act 2003 (Commencement No. 2 and Savings) Order 2004

  Made 24th November 2004 

The First Secretary of State, in exercise of the powers conferred by section 128(3), (6)(a), (8) and (9) of the Local Government Act 2003[1], hereby makes the following Order - 

Citation and interpretation
     1.  - (1) This Order may be cited as the Local Government Act 2003 (Commencement No. 2 and Savings) Order 2004.

    (2) In this Order, "the Act" means the Local Government Act 2003.

Commencement
    
2. Subject to article 4, the following provisions of the Act shall come into force on the day after this Order is made - 

Commencement so far as relating to England
     3.  - (1) Subject to article 4, the following provisions of the Act shall come into force, so far as relating to England, on the day after this Order is made - 

    (2) Subject to article 4, the following provisions of the Act shall come into force, so far as relating to England, on 1st April 2005-

Savings
     4.  - (1) Section 58 of the Local Government Finance Act 1988[4] shall continue to have effect for the purpose of making regulations, and amending regulations made under that section in relation to any relevant period[5] ending before 1st April 2005, as if - 

had not been commenced.

    (2) Regulations made under section 58 of the Local Government Finance Act 1988[6] shall continue to have effect in relation to any relevant period ending before 1st April 2005 as if - 

had not been commenced.

    (3) Section 138 of and Schedules 7 and 8 to the Local Government Finance Act 1988 shall continue to have effect in relation to any non-domestic rating multiplier for any financial year ending before 1st April 2005, as if - 

had not been commenced.



Signed by authority of the First Secretary of State


Nick Raynsford
Minister of State, Office of the Deputy Prime Minister

24th November 2004



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force the provisions in the Local Government Act 2003 ("the Act") set out in articles 2 and 3. Those provisions listed in article 2 come into force on the day after this Order is made and apply in relation to England and Wales. Those provisions listed in article 3 apply in relation to England only. The provisions in article 3(1) come into force on the day after this Order is made and those listed in article 3(2) come into force on 1st April 2005.

The provisions in sections 61, 62 and 65 of the Act amend the Local Government Finance Act 1988 (c.41) to bring in a new small business rate relief and to amend the provisions relating to non-domestic rating multipliers and transitional relief. The remaining provisions of the Act being commenced are consequential on sections 61, 62 and 65 of the Act.

Article 4 makes savings so that - 

The following provisions of the Act have been brought into force in England by commencement order made before the date of this Order:

Provision Date of Commencement S.I. No.
Sections 3(5) to (7) and (10), 4(1) to (3) and (5), 7(2)(b) and (3)(c), 8(3), 9(3), 10, 11, 14, 15, 16(2), 18, 19(1) (partially), (2) (partially) and (3), 20, 21(1), (2)(b)(partially), (5) and (6), 23, 25, 26, 36, 41 to 57, 59, 60, 67(1) and (3) to (5), 70(1) to (6), 71, 83, 89, 90(1), 92(1), 99, 100, 101, 105(9) (partially), 106 to 108, 109(1)(partially), (3) and (4), 111, 112, 115, 117, 119, 125 (partially), 126, 127(1) (partially), (2) (partially), (3) and (4), paragraph 4(2) (partially) of Schedule 1, Schedule 3, paragraphs 7(2)(a), 7(3) and 18(1) of Schedule 4, Schedule 5 and paragraphs 1, 8, 19, 23, 26(1) and (2), 29 (partially), 30, 31, 33(3) and (5), 36 to 39, 59, 61, 62, 65, 66(1) and (3) to (6), 68, 69 and 80 of Schedule 7 and Schedule 8 (partially). 18th November 2003 2003/2938
Sections 3 (the remainder),125 (partially) and 127 (1) (partially) and (2) (partially) and paragraphs 71 (partially) and 75 to 77 of Schedule 7 and Schedule 8 (partially). 1st January 2004 2003/2938
Sections 1, 2, 4 (the remainder) 5, 6, 7 to 9 (the remainder), 12, 13, 16(1), 17, 19 (the remainder), 21 (the remainder), 22, 27 to 29, 37, 64, 67(2), 90(2) and (3), 102, 105 (the remainder), 109(1) (the remainder), 118, 120, 125 (the remainder), 127(1) (partially) and (2) (partially), Schedule 1 (the remainder), Schedule 4 (the remainder), Schedule 6 and paragraphs 2, 3, 4, 6, 18, 27, 29 (the remainder), 32, 33(2) and (4), 51(3), 63, 64, 70, 71 (the remainder), 72 to 74 and 78 of Schedule 7 and Schedule 8 (partially). 1st April 2004 2003/2938


Notes:

[1] 2003 c.26.back

[2] 1992 c.14.back

[3] 2001 c.14.back

[4] 1988 c.41.back

[5] For the definition of "relevant period" see section 58(10) of the Local Government Finance Act 1988.back

[6] The relevant regulations are the Non-Domestic Rating (Chargeable Amounts)(England) Regulations 1999, S.I. 1999/3379.back



ISBN 0 11050569 7


  © Crown copyright 2004

Prepared 3 December 2004


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