Local Government Act 1987 (repealed)

Capital expenditure

Payments in respect of capital expenditure.

1

Block grant: education

Adjustments between England and Wales.

2

Adjustments for advanced further education.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

Citation and extent.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE

PART I — Sections Inserted After Section 80

PART II — Further Amendments of Part VIII

1

• (1) In subsection (1)(a) of section 78 of the Local Government, Planning and Land Act 1980 (directions prohibiting the making of payments), for the words from “make” to “aggregate” there shall be substituted the words “do anything the effect of which is that the aggregate of the payments made in any year by the authority in respect of prescribed expenditure exceeds the aggregate of”.

• (2) Subsection (2) of that section (power to vary or revoke directions) shall be omitted.

2

• (1) In subsection (1) of section 79 of that Act (contravention of Part VIII not in itself beyond the powers of an authority), for the words from “make” to “exceeding” there shall be substituted the words “do anything on the ground only that to do that thing would have the effect that the aggregate of the payments made in any year by the authority in respect of prescribed expenditure exceeds”.

• (2) In subsection (2) of that section (contravention of direction is beyond powers of authority), for the words from “make” to “contract” there shall be substituted the words “do anything”.

3

• (1) In subsection (1) of section 80 of that Act (payments in respect of acquisition of property), for the words from “shall be taken” onwards there shall be substituted the words—

(a) shall be taken to pay an amount calculated in accordance with subsections (3) and (4) and (8) to (13) below at the time of, and in respect of expenditure on, the acquisition; but (b) shall not be taken to pay or to have paid any other amount in respect of expenditure on the acquisition at that or any other time.

• (2) In subsection (2) of that section (deemed payments treated as items of account), for the words “A payment of an amount so calculated” there shall be substituted the words “An amount which is taken in pursuance of this section to have been paid at any time by an authority”.

• (3) After subsection (6) of that section (work on land in which a leasehold interest is acquired), there shall be inserted the following subsection—

(6A) For the purposes of subsection (6) above the value at any time of any work carried out in respect of a building to be erected on land in which an authority has acquired a leasehold interest shall be taken to be equal to the aggregate of— (a) the amounts which have actually been paid by the authority in respect of expenditure on the work; and (b) the amounts which have not been so paid but are determined by the authority to have fallen due for actual payment by the authority in respect of expenditure on the work or to be likely to fall due for such payment; and if the Secretary of State has given to any authority, to authorities of any description or to authorities generally any directions as to the manner of making determinations for the purposes of paragraph (b) above, the authority or authorities to whom the directions have been given shall make their determinations for those purposes in accordance with those directions.

4

• (1) After paragraph (a) of subsection (1) of section 82 of that Act (application of Part VIII to Passenger Transport Executives) there shall be inserted the following paragraph—

(aa) any works which are or are to be carried out for an Executive or, by virtue of subsection (1A) below, are to be treated as if they were or were to be so carried out shall be treated as if they were or were to be carried out for that authority;

.

• (2) After that subsection there shall be inserted the following subsection—

(1A) Works shall be treated for the purposes of subsection (1)(aa) above as carried out for an Executive in such cases as may be specified in or determined under regulations.

5

In section 84 of that Act (regulations under Part VIII), after subsection (5) there shall be inserted the following subsection—

(5A) Regulations made by virtue of section 80A, 80B or 82(1A) above may be made so as to have effect in relation to times before the regulations were made, including times before the Local Government Act 1987 (by virtue of which those provisions have effect) was passed.

6

In section 85 of that Act (supplementary provisions for Part VIII), after subsection (1) there shall be inserted the following subsections—

(1A) Before giving any direction under section 80(6A) or 80A(5) above the Secretary of State shall consult such associations of authorities as appear to him to be concerned and any authority with whom consultation appears to him to be desirable. (1B) Any power of the Secretary of State to give directions under this Part of this Act shall include power to vary or revoke a direction given in exercise of that power.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes

[^key-2410a8cf80d33fa53893b7fb69c5dd00]: Act repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2