OpenLegislation

Regulation 33 Fire authority leasesI1

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 this regulation—

(a)

“new fire authority” means a fire authority constituted by a combination scheme under the Fire Services Act 1947f1 made in consequence of an order under Part II of the Local Government Act 1992 (local government changes for England)f2 containing provision for giving effect to a structural change (within the meaning given to that expression in section 14 of that Act), or in consequence of the provisions of the Local Government (Wales) Act 1994f3; and

(b)

in relation to a new fire authority—

(i)

“old fire authority” means a county council which is superseded as a fire authority by the new fire authority; and

(ii)

“relevant date” means the date on which the combination scheme which constitutes the new fire authority is brought into full operation.

(2)

The initial cost of a lease (“the new lease”) of land shall be nil where—

(a)

the authority are a new fire authority;

(b)

the old fire authority occupied the land on the day before the relevant date, and the authority become the lessees within a period of 12 months beginning on the relevant date;

(c)

immediately before the date on which the authority become the lessees, another local authority have a freehold or leasehold interest in the land;

(d)

the term of the new lease does not exceed ten years;

(e)

the new lease does not confer on the lessee an option to purchase the lessor’s interest in the land; and

(f)

where the term of the new lease exceeds three years, the capital cost of the new lease does not exceed 70 per cent. of the relevant value.

(3)

The initial cost of a lease (“the new lease”) of land shall be nil where—

(a)

the authority are the old fire authority in relation to a new fire authority, and become the lessees of the new fire authority within a period of 12 months beginning on the relevant date;

(b)

immediately before the relevant date, the authority had a freehold or earlier leasehold interest in the land which has been transferred to the new fire authority under the provisions of the combination scheme which constituted the new fire authority;

(c)

the term of the new lease does not exceed ten years;

(d)

the new lease does not confer on the lessee an option to purchase the lessor’s interest in the land; and

(e)

where the term of the new lease exceeds three years, the capital cost of the new lease does not exceed 70 per cent. of the relevant value.

Annotations

Commencement

I1

Reg. 33 in force at 1.4.1997, see reg. 1(1)(b)

Footnotes

f1

1947 c. 41.

f2

1992 c. 19.

f3

1994 c. 19.