Statutory Instruments

1990 No. 525

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Finance (Garden Squares) (Consequential Amendments) Order 1990

Made

7th March 1990

Laid before Parliament

9th March 1990

Coming into force

1st April 1990

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 143(2) and 147(1) and (2) of the Local Government Finance Act 1988(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 Finance (Garden Squares) (Consequential Amendments) Order 1990 and shall come into force on 1st April 1990.

Amendment of enactments

2. The enactments mentioned in column (1) of the Schedule to this Order shall have effect on and after 1st April 1990 subject to the amendments specified in column (2).

Signed by authority of the Secretary of State for the Environment

David Hunt

Minister of State,

Department of the Environment

7th March 1990

Article 2

SCHEDULE

(1) Enactment	(2) Amendment
The Kensington Improvement Act 1851(2)	(a)Section 40 shall be omitted. (b)In section 41, the words from "and for all or any of the purposes" to the end shall be omitted. (c)In section 43- (i)for the words from "Inhabitant Householders" to "and their spouses, and" there shall be substituted the words "persons subject to a community charge in respect of a residence in the said square"; (ii)the words from "Provided always, that with reference" to "the spouse of such a householder" shall be omitted. (d)In section 47, for the words from "the Money to be received" to "the Limits of this Act" there shall be substituted the words "such amount as the council of the Royal Borough of Kensington and Chelsea may determine". (e)In section 48- (i)the words from "and the Commissioners" to "any other purpose" shall be omitted; (ii)the words "levying and" shall be omitted. (f)In section 51, for the words "resident Householders rated and assessed to the Rates and Assessments for the Care and Management of the said Square" there shall be substituted the words "persons resident in the said square who are subject to a community charge in respect of a residence in that square.".
The Town Gardens Protection Act 1863(3)	In section 1- (i)for the words "rated Inhabitants" there shall be substituted the words "inhabitants of such houses who are subject to a community charge in respect of residence in or ownership of such a house"; (ii)the words ", by an addition to the General Rate to be assessed on the Occupiers of such Houses" shall be omitted.

(1) Enactment

(2) Amendment

The Kensington Improvement Act 1851(2)

(a)Section 40 shall be omitted.

(b)In section 41, the words from "and for all or any of the purposes" to the end shall be omitted.

(c)In section 43-

(i)for the words from "Inhabitant Householders" to "and their spouses, and" there shall be substituted the words "persons subject to a community charge in respect of a residence in the said square";

(ii)the words from "Provided always, that with reference" to "the spouse of such a householder" shall be omitted.

(d)In section 47, for the words from "the Money to be received" to "the Limits of this Act" there shall be substituted the words "such amount as the council of the Royal Borough of Kensington and Chelsea may determine".

(e)In section 48-

(i)the words from "and the Commissioners" to "any other purpose" shall be omitted;

(ii)the words "levying and" shall be omitted.

(f)In section 51, for the words "resident Householders rated and assessed to the Rates and Assessments for the Care and Management of the said Square" there shall be substituted the words "persons resident in the said square who are subject to a community charge in respect of a residence in that square.".

The Town Gardens Protection Act 1863(3)

In section 1-

(i)for the words "rated Inhabitants" there shall be substituted the words "inhabitants of such houses who are subject to a community charge in respect of residence in or ownership of such a house";

(ii)the words ", by an addition to the General Rate to be assessed on the Occupiers of such Houses" shall be omitted.

Explanatory Note

(This note is not part of the Order)

This Order is consequential upon the Local Government Finance Act 1988. It amends the Kensington Improvement Act 1851 and the Town Gardens Protection Act 1863 in consequence of the abolition of domestic rating.

(1)

1988 c. 41.

(2)

1851 c. cxvi; sections 41 and 43 were amended by section 9 of the Greater London Council (General Powers) Act 1982 (c. i).

(3)

1863 c. 13, amended by S.I. 1965/654.