{
  "url": "https://openlegislation.uk/local-authorities-capital-finance-regulations-1990/schedule-5/paragraph-5",
  "json_url": "https://openlegislation.uk/local-authorities-capital-finance-regulations-1990/schedule-5/paragraph-5.json",
  "legislation": "uksi/1990/432",
  "legislation_title": "The Local Authorities (Capital Finance) Regulations 1990",
  "legislation_url": "https://openlegislation.uk/local-authorities-capital-finance-regulations-1990",
  "path": "schedule/5/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(1) A local authority’s non-housing amount for any financial year other than that beginning on 1st April 1990 shall be–\n(a) if the non-housing component of the authority’s adjusted credit ceiling on the last day of the immediately preceding financial year is nil or is less than nil, nil; and\n(b) if the authority’s non-housing component is greater than nil an amount equal to the non-housing component less the amount, if any, by which the housing component of the authority’s adjusted credit ceiling on the last day of the immediately preceding financial year is less than nil, provided that the authority’s non-housing amount shall not thereby be less than nil;\nand for the purposes of paragraph (b) above the authority’s housing component is the amount determined by the authority in accordance with paragraph 3 above.\n(2) In relation to a local authority’s non-housing amount for the financial year beginning on 1st April 1991, the non-housing component of the authority’s adjusted credit ceiling on 31st March 1991 shall, subject to sub-paragraph (4) below, be the amount by which the total of–\n(a) the non-housing component of the authority’s adjusted initial credit ceiling, and\n(b) the amount of any non-housing increase in the authority’s adjusted credit ceiling in the financial year beginning on 1st April 1990,\nexceeds the amount of any non-housing reduction of the authority’s adjusted credit ceiling in that year, and if there is no such excess, the non-housing component of the authority’s adjusted credit ceiling on 31st March 1991 shall be nil, or, as the case may be, a negative amount.\n(3) In sub-paragraph (2) above, the reference to the non-housing component of the authority’s adjusted initial credit ceiling is a reference to the amount by which the authority’s total non-housing advances exceeds their total non-housing receipts determined in accordance with sub-paragraphs (c) and (d) respectively of paragraph 2 above, or if there is no such excess, nil or, as the case may be, a negative amount.\n(4) If, by virtue of paragraph 16(2) of Schedule 3 to the Act, a local authority’s minimum revenue provision for the financial year beginning on 1st April 1990 is nil, the non-housing component of the authority’s adjusted credit ceiling on 31st March 1991 shall be increased by the aggregate of the amounts, if any, which would have been set aside by the authority in that year by virtue of regulation 25(1)(b) and (2)(c) in respect of–\n(a) any advances other than advances falling within paragraph 3(4)(a) above; and\n(b) any transitional credit arrangements other than transitional credit arrangements falling within paragraph 3(4)(b) above;\nif the authority’s initial credit ceiling had been greater than nil.\n(5) In relation to a local authority’s non-housing amount for a financial year beginning on or after 1st April 1992 (referred to in this sub-paragraph and sub-paragraph (6) below as “the current year”), the non-housing component of the authority’s adjusted credit ceiling on the last day of the immediately preceding financial year (referred to in this sub-paragraph and sub-paragraph (6) below as “the preceding year”) shall, subject to sub-paragraph (6) below, be the amount by which the total of–\n(a) the non-housing component of the authority’s adjusted credit ceiling on the last day of the financial year beginning two years before the beginning of the current year; and\n(b) the amount of any non-housing increase in the authority’s adjusted credit ceiling in the preceding year,\nexceeds the amount of any non-housing reduction of the authority’s adjusted credit ceiling in the preceding year, and if there is no such excess, the non-housing component of the authority’s adjusted credit ceiling on the last day of the preceding year shall be nil, or, as the case may be, a negative amount.\n(6) If, by virtue of paragraph 15(2) of Schedule 3 to the Act, a local authority’s minimum revenue provision for the preceding year is nil, the non-housing component of the authority’s adjusted credit ceiling on the last day of the preceding year shall be increased by the aggregate of the amounts, if any, which would have been set aside by the authority in the preceding year by virtue of regulation 26(1)(b) and (c) and (2)(c) in respect of–\n(a) any advances other than advances falling within paragraph 3(4)(a) above;\n(b) the non-housing use of any supplementary credit approvals; and\n(c) any transitional credit arrangements other than transitional credit arrangements falling within paragraph 3(4)(b) above;\nif the authority’s credit ceiling on the last day of the financial year beginning two years before the beginning of the current year had been greater than nil.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "amended",
      "affecting": "uksi/1995/1982",
      "affecting_title": "The Local Authorities (Capital Finance and Approved Investments) (Amendment No. 2) Regulations 1995"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1990/432/schedule/5/paragraph/5",
    "retrieved_at": "2026-10-29T15:26:08.152586+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."
}