# The Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2021 S.I. 2021/611 · made 24 May 2021 These Regulations amend the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 (S.I. 2003/3146) (“the principal Regulations”). Made under: Local Government Act 2003 (Section 11, Section 123) PDFs: Printed copy https://openlegislation.uk/local-authorities-capital-finance-and-accounting-england-amendment-regulations-2021/pdf/uksi_20210611_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/local-authorities-capital-finance-and-accounting-england-amendment-regulations-2021/pdf/uksiem_20210611_en.pdf ## Introductory text This Statutory Instrument has been made in consequence of defects in S.I. 2012/711 and S.I. 2013/476 and is being issued free of charge to all known recipients of those Statutory Instruments. Local Government, England Made 24th May 2021 Laid before Parliament 28th May 2021 Coming into force 30th June 2021 The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 11 and 123(1) and (2) of the Local Government Act 2003. ## 1 Citation and commencement (1) These Regulations may be cited as the Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2021. (2) These Regulations come into force on 30th June 2021. ## 2 Amendment of the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 The Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 are amended in accordance with regulations 3 to 6. ## 3 Amendment of regulation 1 In regulation 1(5)— (a) in the definition of “poolable amount”, for “quarter”, in both places it occurs, substitute “financial year”; (b) omit the definition of “quarter”; (c) omit the definition of “relevant quarter”; (d) in the definition of “sub-liability”— (i) after “amount” insert “(“K”)”; (ii) omit the second “in”. ## 4 Amendment of regulation 12 In regulation 12(1)— (a) for “quarter”, in the first place it occurs, substitute “financial year”; (b) for sub-paragraph (a) (but not the “or” following it) substitute— “(a) 30th April in the following financial year;”. ## 5 Amendment of regulation 13 In regulation 13— (a) in paragraph (3)— (i) for “a rate of 1% above base rate” substitute “the applicable rate”; (ii) for “three-monthly” substitute “yearly”; (b) in paragraph (6), at the appropriate place insert— ““applicable rate” means whichever is the higher of— (a) 1%; and (b) 1% above base rate;”. ## 6 Amendment of the Schedule (1) The Schedule (calculation of the sub-liability) is amended as follows. (2) In paragraph 2— (a) for the definition of “assumed debt” substitute— ““assumed debt” is an amount calculated in accordance with paragraph 4A;”; (b) for the definition of “local authority share cap” substitute— ““local authority share cap” is an amount calculated in accordance with paragraph 4B;”; (c) for the definition of “previous quarter” substitute— ““previous financial year” means the financial year before the relevant financial year;”; (d) omit the definition of “quarter 1”; (e) omit the definition of “sub-liability”; (f) at the appropriate places insert— ““pooling period” means one of the following periods— (a) a quarter beginning before 1st April 2021; (b) a financial year beginning on or after 1st April 2021;”; ““pooling period 1” means the period from 1st April 2012 to 30th June 2012;”; ““quarter” means one of the following periods— (a) 1st April to 30th June; (b) 1st July to 30th September; (c) 1st October to 31st December; (d) 1st January to 31st March;”; ““relevant financial year” means, in relation to the calculation of the sub-liability, the financial year to which the calculation relates;”. (3) In paragraph 3— (a) for “relevant quarter”, in each place it occurs, substitute “relevant financial year”; (b) in sub-paragraph (2), for “previous quarter”, in both places it occurs, substitute “previous financial year”. (4) In paragraph 4— (a) for “relevant quarter”, in each place it occurs, substitute “relevant financial year”; (b) for “previous quarter”, in each place it occurs, substitute “previous financial year”; (c) in the definition of the term C— (i) for “each quarter” substitute “each pooling period”; (ii) for “quarter 1” substitute “pooling period 1”; (d) in the definition of the term F, for “quarters”, in both places it occurs, substitute “pooling periods”; (e) in the definition of the term F**— (i) for “each quarter” substitute “each pooling period”; (ii) for “quarter 1” substitute “pooling period 1”; (f) in the definition of the term L**, for “paragraph 9; and” substitute “paragraph 9(1);”; (g) in the definition of the term M, at the end insert “; and”; (h) after the definition of the term M insert— “N* means the assumed debt for the previous financial year; O* means the local authority share cap for the previous financial year; P has the meaning set out in paragraph 9(2); P* means the value of P for the previous financial year.”. (5) After paragraph 4 insert— “4A. The assumed debt is— (a) in the financial year beginning on 1st April 2021, the amount of debt assumed to be associated with a local authority in that year as set out in Table A in this Schedule; and (b) in each subsequent financial year— N*×1.01 4B. The local authority share cap is— (a) in the financial year beginning on 1st April 2021, the amount attributable to an authority set out in Table B in this Schedule; and (b) in each subsequent financial year— O*×1.01 .”. (6) In paragraph 8— (a) omit sub-paragraph (a); (b) in sub-paragraph (b), omit the words from “in quarters other than quarter 1—”. (7) For paragraph 9 substitute— “9. (1) L** means— 183,000,000÷P (2) P means— (a) in the financial year beginning on 1st April 2021, 77,988,112.73; (b) in each subsequent financial year— N*×1.01 .”. (8) In paragraph 10— (a) omit sub-paragraph (a); (b) in sub-paragraph (b), omit the words from “in any” to “2013—”. (9) For Table A substitute the table in Schedule 1. (10) For Table B substitute the table in Schedule 2. ## 7 Transitional and saving provisions (1) Regulations 1 and 12 of the principal Regulations continue to apply as they had effect immediately before the coming into force of these Regulations— (a) in relation to capital receipts received before 1st April 2021; and (b) for the purpose of determining the value of F for the quarters during the period 1st April 2012 to 31st March 2013. (2) In respect of any unpaid amount payable before 31st July 2021, regulation 13 of the principal Regulations has effect as if— (a) in paragraph (3) for “yearly rests” there were substituted “three-monthly rests until 31st July 2021 and yearly rests thereafter”; (b) for the definition of “applicable rate” in paragraph (6) there were substituted— ““applicable rate” means— (a) for a day falling before [30th June 2021], 1% above base rate; and (b) for a day falling after that date, whichever is the higher of— (i) 1%; and (ii) 1% above base rate;”. (3) For the purpose of calculating the sub-liability for the financial year beginning on 1st April 2021, the Schedule to the principal Regulations applies as if for “previous financial year”, in each place it occurs, there were substituted “previous pooling period”. (4) The following provisions in the Schedule to the principal Regulations continue to apply as they had effect immediately before the coming into force of these Regulations for the purpose of determining the assumed debt for a pooling period beginning before 1st April 2021, subject to the modifications set out in paragraphs (6) and (7)— (a) the definition of assumed debt in paragraph 2; (b) Table A. (5) The following provisions in the Schedule to the principal Regulations continue to apply as they had effect immediately before the coming into force of these Regulations for the purpose of determining the local authority share cap for a pooling period beginning before 1st April 2021, subject to the modifications set out in paragraph (7)— (a) the definition of local authority share cap in paragraph 2; (b) Table B. (6) The modification is that the definition of assumed debt is to be read as if for “quarter” there were substituted “pooling period”. (7) The modifications are that the table is to be read as if— (a) in the heading, for “quarter” there were substituted “pooling period”; (b) in the column headed authority, for “Shepway” there were substituted “Folkestone and Hythe”. (8) In this regulation “the principal Regulations” means the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003. ## Signature Signed by authority of the Secretary of State for Housing, Communities and Local Government Christopher Pincher Minister of State Ministry of Housing, Communities and Local Government 24th May 2021 ## Schedule 1 Substitution of Table A Authority Financial year 2021-22 (£) Adur 121,501.92 Arun 154,866.00 Ashfield 223,586.81 Ashford 226,722.39 Babergh 183,694.98 Barking and Dagenham 437,460.99 Barnet 406,060.42 Barnsley 920,875.76 Barrow 216,533.64 Basildon 445,232.82 Bassetlaw 295,007.26 Birmingham 3,177,505.20 Blackpool 218,231.83 Bolsover 321,921.94 Bournemouth Christchurch and Poole 280,828.78 Brent 326,902.80 Brentwood 133,393.70 Brighton & Hove 295,270.41 Bristol 465,342.02 Broxtowe 231,776.69 Bury 816,843.05 Cambridge 443,177.32 Camden 787,065.94 Cannock Chase 261,853.19 Canterbury 213,673.00 Castle Point 73,949.58 Central Bedfordshire 312,731.01 Charnwood 244,915.27 Cheltenham 95,303.52 Cheshire West and Chester 640,495.66 Chesterfield 433,463.76 City of London 37,679.87 City of York 446,134.60 Colchester 276,328.10 Cornwall 228,279.83 Crawley 500,994.25 Croydon 493,371.27 Dacorum 697,462.93 Darlington 264,974.47 Dartford 164,937.47 Derby 661,899.62 Doncaster 837,251.17 Dover 172,164.15 Dudley 1,293,022.83 Ealing 339,902.21 East Devon 156,993.07 East Riding 700,597.96 East Suffolk 171,928.90 Eastbourne 83,791.70 Enfield 319,155.58 Epping Forest 365,205.77 Exeter 102,772.22 Fareham 108,512.40 Folkestone and Hythe 116,558.79 Gateshead 1,358,442.25 Gosport 109,552.45 Gravesham 222,830.17 Great Yarmouth 177,431.34 Greenwich 489,596.44 Guildford 371,600.55 Hackney 238,601.47 Hammersmith and Fulham 389,597.53 Haringey 492,679.19 Harlow 421,248.80 Harrogate 259,766.29 Harrow 209,583.78 Havering 318,422.68 High Peak 190,099.89 Hillingdon 446,945.81 Hinckley and Bosworth 200,221.60 Hounslow 397,517.95 Ipswich 285,544.27 Islington 740,259.63 Kensington and Chelsea 333,813.49 Kingston upon Hull 988,413.41 Kingston upon Thames 224,335.94 Kirklees 763,213.87 Lambeth 622,385.34 Lancaster 361,077.12 Leeds 2,232,621.80 Leicester 603,374.30 Lewes 138,336.33 Lewisham 202,345.86 Lincoln 184,690.60 Luton 258,421.48 Manchester 962,910.28 Mansfield 265,824.60 Medway Towns 87,036.36 Melton 93,497.31 Mid Devon 96,747.13 Mid Suffolk 156,340.12 Milton Keynes 491,774.91 New Forest 294,767.63 Newark and Sherwood 307,475.13 Newcastle upon Tyne 1,454,616.23 Newham 377,991.90 North East Derbyshire 496,343.87 North Kesteven 216,480.80 North Northamptonshire 422,261.02 North Tyneside 1,071,143.29 North Warwickshire 188,579.70 North West Leicestershire 251,520.81 Northumberland 416,855.05 Norwich 470,484.81 Nottingham 924,230.54 Nuneaton 268,249.85 Oadby & Wigston 60,711.45 Oldham -3,107.63 Oxford City 442,269.24 Portsmouth 343,180.46 Reading 400,823.58 Redbridge 150,455.65 Redditch 296,808.31 Richmondshire 87,786.58 Rotherham 1,020,513.09 Rugby 249,810.92 Runnymede 196,165.06 Salford 56,817.91 Sandwell 1,504,657.58 Sedgemoor 110,662.16 Selby 194,828.91 Sheffield 1,207,881.23 Shropshire 274,963.07 Slough 340,266.55 Solihull 547,623.09 Somerset West and Taunton 209,662.28 South Cambridgeshire 407,718.64 South Derbyshire 186,144.15 South Holland 208,059.98 South Kesteven 376,252.60 South Tyneside 1,125,930.45 Southampton 375,193.06 Southend-on-Sea 200,002.51 Southwark 891,989.48 St Albans 375,638.28 Stevenage 428,687.55 Stockport 883,258.96 Stoke-on-Trent 550,670.65 Stroud 175,802.47 Sutton 268,536.85 Swindon 306,768.45 Tamworth 236,922.62 Tandridge 137,672.93 Tendring 118,827.28 Thanet 52,208.15 Thurrock 368,682.80 Tower Hamlets 278,674.37 Uttlesford 178,281.22 Waltham Forest 288,537.06 Wandsworth 812,153.97 Warwick 449,176.82 Waverley 368,222.67 Wealden 122,106.72 Welwyn Hatfield 601,654.37 West Lancashire 561,957.76 West Northamptonshire 580,800.18 Westminster 493,992.90 Wigan 2,131,858.94 Wiltshire 220,606.38 Winchester 315,490.53 Woking 193,706.96 Wokingham 199,206.04 Wolverhampton 1,065,452.06 ## Schedule 2 Substitution of Table B Authority Financial year 2021-22 (£) Adur 128,167.99 Arun 132,079.04 Ashfield 236,715.31 Ashford 206,977.25 Babergh 139,126.13 Barking and Dagenham 553,630.35 Barnet 745,590.60 Barnsley 709,950.38 Barrow 181,337.67 Basildon 439,046.76 Bassetlaw 236,713.97 Birmingham 2,648,001.97 Blackpool 357,932.42 Bolsover 193,051.82 Bournemouth Christchurch and Poole 389,450.36 Brent 556,793.45 Brentwood 160,784.57 Brighton & Hove 525,932.88 Bristol 900,023.15 Broxtowe 177,698.91 Bury 601,079.44 Cambridge 483,252.66 Camden 2,019,791.79 Cannock Chase 222,897.46 Canterbury 229,893.28 Castle Point 64,288.70 Central Bedfordshire 218,359.10 Charnwood 280,621.01 Cheltenham 168,330.18 Cheshire West and Chester 502,868.20 Chesterfield 394,178.19 City of London 149,589.89 City of York 502,564.36 Colchester 215,950.48 Cornwall 464,689.29 Crawley 439,568.51 Croydon 857,823.71 Dacorum 664,427.59 Darlington 267,618.46 Dartford 172,657.05 Derby 528,146.66 Doncaster 853,986.53 Dover 125,259.63 Dudley 978,990.73 Ealing 647,909.92 East Devon 184,141.73 East Riding 558,986.84 East Suffolk 135,518.30 Eastbourne 119,862.20 Enfield 581,668.68 Epping Forest 357,685.51 Exeter 180,883.14 Fareham 83,354.09 Folkestone and Hythe 93,482.51 Gateshead 1,177,667.44 Gosport 118,434.75 Gravesham 222,692.39 Great Yarmouth 155,673.04 Greenwich 988,867.61 Guildford 294,818.67 Hackney 1,386,199.19 Hammersmith and Fulham 898,753.34 Haringey 736,148.55 Harlow 423,113.61 Harrogate 337,596.77 Harrow 330,166.53 Havering 463,375.67 High Peak 166,253.15 Hillingdon 498,778.37 Hinckley and Bosworth 177,066.65 Hounslow 839,043.23 Ipswich 240,161.65 Islington 1,611,323.41 Kensington and Chelsea 494,889.65 Kingston upon Hull 664,969.75 Kingston upon Thames 293,883.31 Kirklees 858,005.92 Lambeth 1,422,189.56 Lancaster 304,854.29 Leeds 2,450,179.39 Leicester 725,562.12 Lewes 172,309.32 Lewisham 820,611.82 Lincoln 225,591.59 Luton 277,413.42 Manchester 1,088,197.60 Mansfield 202,070.09 Medway Towns 112,486.65 Melton 64,462.05 Mid Devon 98,501.90 Mid Suffolk 134,278.55 Milton Keynes 355,448.22 New Forest 244,575.80 Newark and Sherwood 188,791.27 Newcastle upon Tyne 1,102,721.41 Newham 756,445.92 North East Derbyshire 274,422.35 North Kesteven 170,629.47 North Northamptonshire 325,764.92 North Tyneside 798,533.64 North Warwickshire 136,847.90 North West Leicestershire 252,939.42 Northumberland 594,384.95 Norwich 467,525.99 Nottingham 887,966.30 Nuneaton 249,063.00 Oadby & Wigston 65,141.12 Oldham 119,477.82 Oxford City 656,422.01 Portsmouth 395,246.44 Reading 385,564.44 Redbridge 247,590.32 Redditch 330,810.31 Richmondshire 122,410.65 Rotherham 812,153.49 Rugby 209,978.15 Runnymede 185,563.65 Salford 87,250.52 Sandwell 1,149,500.98 Sedgemoor 117,005.23 Selby 185,219.16 Sheffield 1,423,534.79 Shropshire 248,747.82 Slough 351,607.38 Solihull 599,562.14 Somerset West and Taunton 162,663.24 South Cambridgeshire 202,190.86 South Derbyshire 132,792.19 South Holland 183,226.03 South Kesteven 341,076.00 South Tyneside 863,711.96 Southampton 494,472.86 Southend-on-Sea 235,373.93 Southwark 1,816,559.92 St Albans 398,068.64 Stevenage 367,885.88 Stockport 917,765.35 Stoke-on-Trent 562,413.38 Stroud 196,450.29 Sutton 307,995.25 Swindon 309,416.61 Tamworth 178,165.09 Tandridge 159,330.12 Tendring 130,994.81 Thanet 83,576.03 Thurrock 439,693.01 Tower Hamlets 740,233.45 Uttlesford 181,362.89 Waltham Forest 558,187.18 Wandsworth 1,097,179.82 Warwick 409,529.79 Waverley 323,488.62 Wealden 142,467.71 Welwyn Hatfield 574,039.94 West Lancashire 345,820.52 West Northamptonshire 457,055.32 Westminster 1,241,590.14 Wigan 1,603,927.75 Wiltshire 286,863.65 Winchester 325,208.77 Woking 228,339.41 Wokingham 124,528.22 Wolverhampton 919,699.30 ## Explanatory note (This note is not part of the Regulations) These Regulations amend the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 (S.I. 2003/3146) (“the principal Regulations”). Their effect is to change the period by reference to which a poolable amount payable to the Secretary of State under regulation 12 of the principal Regulations is calculated from a quarter to a financial year. The Regulations also make the following other amendments to the principal Regulations— Regulation 3(d)(ii) rectifies a drafting error; Regulation 5 amends provision related to the calculation of interest on late payments of a poolable amount; and Regulation 6(2)(e) removes a redundant definition. Regulation 7 makes transitional and saving provision as follows— Paragraph (1) saves provisions in regulations 1 and 12 of the principal Regulations as they had effect before these Regulations came into force in relation to a capital receipt received before 1st April 2021 and for the purpose of determining the value of F for the quarters during the period 1st April 2012 to 31st March 2013 (see paragraph 4 of the Schedule); Paragraph (2) modifies regulation 13 of the principal Regulations to make transitional provision in relation to the payment of interest on any unpaid amount payable before 31st July 2021; Paragraph (3) modifies the Schedule to the principal Regulations for the purpose of calculating the sub-liability for the financial year beginning on 1st April 2021; Paragraph (4) saves the definition of assumed debt and Table A in the Schedule to the principal Regulations with modifications set out in paragraphs (6) and (7); Paragraph (5) saves the definition of local authority share cap and Table B in the Schedule to the principal Regulations with modifications set out in paragraph (7). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. --- Source: https://www.legislation.gov.uk/uksi/2021/611 (the official version) Page: https://openlegislation.uk/local-authorities-capital-finance-and-accounting-england-amendment-regulations-2021 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.