OpenLegislation

Regulation 159 Conditions specified in relation to the transfer of amounts set asideI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In transferring an amount set aside to a body mentioned in regulation 158 (“the transferee”), and in respect of any amount so transferred, a relevant authority shall comply with the conditions specified in paragraphs (2) and (3).

(2)

A relevant authority shall not, in any financial year (“the current year”), transfer an amount set aside unless they are satisfied that the relevant expenditure—

(a)

is expenditure for capital purposes;

(b)

in the case of an amount set aside in respect of a capital receipt to which regulation 71 applies, is for the purposes of or in connection with any of the matters mentioned in regulation 155;

(c)

is not excluded expenditure within the meaning given to that expression in regulation 156;

(d)

has been, or is to be, incurred in the current year or in the financial year immediately preceding or immediately following the current year; and

(e)

is in connection with the exercise by the transferee of functions which are substantially for the benefit of the whole or any part of the relevant authority’s area.

(3)

In relation to any transfer of an amount set aside—

(a)

where, at the time of the transfer, the relevant expenditure has not been incurred, the amount transferred by the relevant authority shall not exceed 50 per cent. of the transferee’s estimate of that expenditure; and

(b)

subject to paragraph (4), where, at the time of the transfer, the relevant expenditure has already been incurred, the amount transferred by the relevant authority shall not exceed 50 per cent. of the amount of that expenditure.

(4)

For the purposes of paragraph (3) (b), in determining the amount of the relevant expenditure incurred, the relevant authority shall disregard any expenditure for which an amount set aside has already been transferred in reliance upon an estimate provided by the transferee.

Annotations

Commencement

I1

Reg. 159 in force at 1.4.1997, see reg. 1(1)(b)