OpenLegislation

Regulation 2 Interpretation

Original text. Later amendments are not shown.

(1)

In these Regtulations—

  • “the 1989 Act” means the Local Government and Housing Act 1989f1;

  • “the 1990 Regulations” means the Local Authorities (Capital Finance) Regulations 1990f2;

  • “the 1995 Regulations” means the Local Government Changes for England (Capital Finance) Regulations 1995f3;

  • “the Property Transfer Regulations” means the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995f4;

  • “the initial year” means the financial year beginning on the reorganisation date:

  • “housing authority” means a local authority which is required to keep a Housing Revenue Account for the final year; and

  • “Housing Revenue Account” has the same meaning as in Part VI of the 1989 Act (housing finance).

(2)

In these Regulations—

(a)

“abolished authority”, “council tax base”; “the reorganisation date”, “section 17 order”, and “successor authority” have the meanings given by regulation 2(1) of the Property Transfer Regulations;

(b)

“the final year”, “designated authority”, “participant authority” and “the relevant authority” have the meanings given by regulation 13(1) of those Regulations;

(c)

reference to the relinquishing authority in relation to a transferred area shall be construed in accordance with regulation 2(2) of those Regulations; and

(d)

any expression which is also used in Part IV of the 1989 Act (revenue accounts and capital finance of local authorities) has the same meaning as in that Part.

(3)

In these Regulations—

(a)

any reference to a modified housing amount or a modified non-housing amount is a reference to such amount as would have been determined as the relevant authority’s housing amount or, as the case may be, non-housing amount for the initial year in accordance with Part II of Schedule 5 to the 1990 Regulations if the section 17 order affecting that authority had not been made and if that authority’s credit ceiling had not, at any time before the reorganisation date, been increased by reason of any use of a credit approval to enter into or agree to the variation of a credit arrangement or reduced by reason of the setting aside of any amount as provision to meet credit liabilities in respect of a credit arrangement; and

(b)

any reference to a modified relevant amount is a reference to an amount determined in accordance with the formula—

A-(B-C)

where—

  • A is such amount as would have been determined as the relevant authority’s relevant amount for the initial year in accordance with Part III of Schedule 5 to the 1990 Regulations if the section 17 order affecting that authority had not been made and if that authority’s credit ceiling had not, at any time before the reorganisation date, been increased by reason of any use of a credit approval to enter into or agree to the variation of a credit arrangement or reduced by reason of the setting aside of any amount as provision to meet credit liabilities in respect of a credit arrangement.

  • B is an amount equal to the amount (if any) which a relevant new police authority (within the meaning of article 11 of the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1994f5 is deemed to have borrowed from the relevant authority (as a relevant council within the meaning of that article) (“the deemed borrowing”); and

  • C is the total of any amounts paid, in accordance with that article, by that police authority before the beginning of the initial year to discharge its liability in respect of the deemed borrowing.

(4)

In these Regulations—

  • “limited approval” has the same meaning as in Part VIII of the 1990 Regulations (minimum revenue provision);

  • “relevant advance” means any advance which was made, by virtue of a limited approval, before 1st April 1990 from a loans fund established by a relevant authority under paragraph 15 of Schedule 13 to the Local Government Act 1972 (loans and other financial provisions)f6;

  • “relevant housing advance” means a relevant advance used for any purpose related to land, houses or other property within the relevant authority’s Housing Revenue Account;

  • “relevant non-housing advance” means a relevant advance other than a relevant housing advance;

  • “relevant SCA” means a supplementary credit approval which—

    1. (a)

      was issued to the relevant authority in respect of expenditure which was treated by that authority as expenditure for capital purposes by virtue only of directions under section 40(6) of the 1989 Act: and

    2. (b)

      was used by that authority before the reorganisation date to any extent as mentioned in section 56(3) of that Act;

  • “relevant housing SCA” means a relevant SCA used for any purpose related to land, houses or other property within the relevant authority’s Housing Revenue Account; and

  • “relevant non-housing SCA” means a relevant SCA other than a relevant housing SCA.

Annotations

Footnotes

f1

1989 c. 42.

f2

S.I. 1990/432; amended by S.I. 1991/500, 1992/738, 1993/520 and 3054 and 1995/850. There are other amendments which are not relevant to these Regulations.

f3

S.I. 1995/798. The Regulations include provisions modifying the 1990 Regulations in relation to local authorities affected by a section 17 order.

f4

S.I. 1995/402; amendments to definitions in these Regulations are made by S.I. 1995/2796.

f5

S.I. 1994/3262.

f6

1972 c. 70; paragraphs 1 to 22 of Schedule 13 were repealed by Schedule 12 to the 1989 Act.