{
  "url": "https://openlegislation.uk/local-authorities-capital-finance-amendment-no-3-regulations-1993/regulation-6",
  "json_url": "https://openlegislation.uk/local-authorities-capital-finance-amendment-no-3-regulations-1993/regulation-6.json",
  "legislation": "uksi/1993/3054",
  "legislation_title": "The Local Authorities (Capital Finance) (Amendment) (No. 3) Regulations 1993",
  "legislation_url": "https://openlegislation.uk/local-authorities-capital-finance-amendment-no-3-regulations-1993",
  "path": "regulation/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Capital receipts to be treated as reduced: further provision",
  "text": "After regulation 19A (disposal of former residuary body assets) the following regulations shall be added–\n“Capital receipts to be treated as reduced: disposal of land in respect of which additional compensation payable\n19B (1) Capital receipts which are received by a local authority and are of a description specified in paragraph (2) below shall be treated for the purposes only of section 59 as reduced by an amount determined in accordance with paragraphs (3) and (4) below.\n(2) For the purposes of paragraph (1) above, capital receipts are specified where–\n(a) they derive from the disposal of an interest in land which had previously been compulsorily acquired or sold as described in paragraph (a) of subsection (1) of section 23 of the Land Compensation Act 1961;\n(b) a planning decision has been made as mentioned in that paragraph or a planning permission has been granted or is deemed to have been granted as mentioned in column 1 of the table in subsection (1) of section 25 of that Act; and\n(c) a claim for compensation (“relevant compensation”) under section 23 of that Act in respect of that planning decision, or under that section as applied by subsection (1) of section 25 of that Act in relation to that planning permission, has been duly made before the date on which the capital receipt is received.\n(3) For the purposes of paragraph (1) above, the amount of the reduction is the amount of relevant compensation paid by the authority or, where no such compensation has yet been paid, the amount which appears to the authority to be payable by them.\n(4) Paragraphs (5) and (6) of regulation 15 shall apply in relation to the amount of any reduction determined in accordance with this regulation as they apply in relation to the amount of any reduction determined in accordance with regulation 15.\nCapital receipts to be treated as reduced: disposal of land whose value is increased by expenditure incurred by authority\n19C (1) Capital receipts of a description specified in paragraph (2) below shall be treated for the purposes only of section 59 as reduced by an amount determined in accordance with paragraphs (3) and (4) below.\n(2) For the purposes of paragraph (1) above, capital receipts derived from a disposal by a local authority of an interest in land are specified where–\n(a) before making the disposal, the authority incurred expenditure on–\n(i) obtaining planning permission for the carrying out of development of the land; or\n(ii) preparing the land for, or otherwise facilitating, the carrying out of any such development; or\n(iii) acquiring an interest, easement, servitude or right in or over the land or adjoining land for the purpose of facilitating the disposal of the interest; and\n(b) the total of the capital receipts derived from the disposal is greater, by an amount which is not less than the amount of the expenditure, than it would have been if the authority had not incurred the expenditure.\n(3) For the purposes of paragraph (1) above, the amount of the reduction is the aggregate of–\n(a) the amount of any costs incurred by the authority in connection with the disposal; and\n(b) the amount of the expenditure incurred by the authority on any of the matters mentioned in paragraph (2)(a)(i) to (iii) above other than so much of any such expenditure in respect of which a payment by way of contribution, grant or subsidy has been made by–\n(i) a Minister of the Crown;\n(ii) a body to whom such a Minister may pay sums out of moneys provided by Parliament; or\n(iii) a Community institution.\n(4) Paragraphs (5) and (6) of regulation 15 shall apply in relation to the amount of any reduction determined in accordance with this regulation as they apply to the amount of any reduction determined under regulation 15.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "The Land Compensation Act 1961 (c. 33); Part IV was revived by Schedule 14 to the Planning and Compensation Act 1991 (c. 34)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/3054/regulation/6",
    "retrieved_at": "2026-10-29T13:45:25.626487+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}