Regulation 40 Transactions for the provision of a capital asset and servicesI1

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:

reg.40(1) rev.in pt. by Local Authorities (Capital Finance) 1997 reg.4(a)
reg.40(2)(a)(3)(b) rev.in pt. by Local Authorities (Capital Finance) 1997 reg.4(b)
reg. 40 coming into force by Local Authorities (Capital Finance) 1997 reg. 1(1)(b)
reg 40 am (E) by Local Authorities (Capital Finance, Approved Investments and Contracts—Amendment) 2001 regs 2, 4
reg.40 subst, by Local Authorities (Capital Finance) 1999 reg.2
regs 40-42 replaced (by reg.40) by Local Authorities (Capital Finance) 2000 reg.2

(1)

In this regulation, in relation to a private finance transaction—

“asset” means the asset provided under the transaction; and
“relevant purpose” means the purpose for which the asset is provided under the transaction.

(2)

A credit arrangement which is a private finance transaction shall be excluded from section 49(2), and the initial cost and the cost at any time of the arrangement shall be nil, if—

(a)

the services provided in relation to the asset consist of, or include, maintaining and repairing the asset and doing everything necessary to ensure that the asset can be used for the relevant purpose in safety and comfort and in accordance with any requirements specified by the authority; and

(b)

the authority determine, immediately before the date on which they enter into the transaction, that their estimate of amount B does not exceed 80 per cent. of their estimate of amount A.

(3)

For the purposes of paragraph (2), in relation to a private finance transaction—

“amount A” means the amount which, apart from this regulation, would be the initial cost of the transaction; and
“amount B” is the amount which would be amount A if for each relevant financial year (within the meaning given to that expression in section 48(2)) the authority assumed—
1. (a)
  
  that the amount of fees falling to be paid under the transaction would be the minimum which could become payable in that year (without there being a breach of any term of the transaction); and
2. (b)
  
  that the minimum extent, rate or intensity of use of the asset for the relevant purpose would be 80 per cent. of the extent, rate or intensity of use estimated by them for that year for the purpose of estimating amount A.

Annotations

Commencement

I1: Reg. 40 in force at 1.4.1997, see reg. 1(1)(b)