Statutory Instruments
1997 No. 732

LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Government Residuary Body (England) (Amendment) Order 1997

Made
10th March 1997

Laid before Parliament
11th March 1997

Coming into force
1st April 1997

The Secretary of State for the Environment, in exercise of the powers conferred on him by section 22 of the Local Government Act 1992(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Local Government Residuary Body (England) (Amendment) Order 1997 and shall come into force on 1997.

Amendment of Order

2.—(1) The Local Government Residuary Body (England) Order 1995(2) shall be amended in accordance with the following paragraphs of this Order.

(2) In article 2 (interpretation), for “relevant provision” substituted “relevant instrument”.

(3) In article 19 (interpretation of Part)—

(a)delete the definition of “relevant authority”; and

(b)in the definition of “successor authority”—

(i)for “a relevant authority” substitute “an abolished authority”; and

(ii)for “the relevant authority”(in both places) substitute “that authority”.

(4) In article 20 (power to issue levies), in paragraph (1)—

(a)for “the abolition date” substitute “1st April 1996”;

(b)for “a relevant authority” substitute “an abolished authority”; and

(c)for “the relevant authority” substitute “the abolished authority”.

(5) In article 21 (apportionment of levies), in paragraphs (1) and (2) for “a relevant authority”substitute “an abolished authority”.

(6) In article 25 (distribution of capital and other money)—

(a)in paragraphs (1) and (4), for “a relevant authority” substitute “an abolished authority”; and

(b)in paragraphs (2) and (3) for “the relevant authority” substitute “the abolished authority”.

Signed by authority of the Secretary of State for the Environment

Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
10th March 1997

Explanatory Note

(This note is not part of the Order)
This Order amends the Local Government Residuary Body (England) Order 1995 (“the 1995 Order”) which established the Local Government Residuary Body (England) (“the Residuary Body”) for the purpose of taking over residual property, rights and liabilities of local authorities abolished by virtue of orders under section 17 of the Local Government Act 1992.
Article 2(2) of this Order corrects a definition in article 2 of the 1995 Order which is required for the purposes of Parts IV and V of that Order.
Article 2(3) to (5) of this Order amend Part V of the 1995 Order (financial provisions) to enable levies to be issued by the Residuary Body to the successor authorities in relation to any abolished authority and in respect of any financial year beginning after 1st April 1996. Article 2(6) makes a related drafting amendment.


(1)
1992 c. 19.

(2)
S.I. 1995/401.