Search Legislation

Local Government Act 2003

Status:

This is the original version (as it was originally enacted).

Supplementary

15Guidance

(1)In carrying out its functions under this Chapter, a local authority shall have regard—

(a)to such guidance as the Secretary of State may issue, and

(b)to such other guidance as the Secretary of State may by regulations specify for the purposes of this provision.

(2)The power under subsection (1)(b) is not to be read as limited to the specification of existing guidance.

16“Capital expenditure”

(1)Subject to subsection (2), references in this Chapter to capital expenditure, in relation to a local authority, are to expenditure of the authority which falls to be capitalised in accordance with proper practices.

(2)The Secretary of State may—

(a)by regulations provide that expenditure of local authorities shall be treated for the purposes of this Chapter as being, or as not being, capital expenditure;

(b)by direction provide that expenditure of a particular local authority shall be treated for the purposes of this Chapter as being, or as not being, capital expenditure.

17External funds

(1)For the purposes of this Chapter—

(a)borrowing of money by a local authority for the purposes of an external fund shall be treated as not being borrowing by the authority;

(b)the temporary use by a local authority of money forming part of an external fund, if not for a purpose of the fund, shall be treated as borrowing by the authority;

(c)entry into a credit arrangement by a local authority for the purposes of an external fund shall be treated as not being entry into a credit arrangement by the authority;

(d)a disposal by a local authority of—

(i)an interest in an asset which, at the time of the disposal, is an asset of an external fund, or

(ii)an investment held for the purposes of such a fund,

shall be treated as not being a disposal by the authority;

(e)the making of an investment by a local authority for the purposes of an external fund shall be treated as not being the making of an investment by the authority;

(f)expenditure incurred by a local authority in respect of payments out of an external fund shall be treated as not being expenditure of the authority.

(2)In this section, references to an external fund, in relation to a local authority, are to—

(a)a superannuation fund which the authority is required to keep by virtue of the Superannuation Act 1972 (c. 11), or

(b)a trust fund of which the authority is a trustee.

18Local authority companies etc

(1)The Secretary of State may, for the purposes of this Chapter, by regulations make provision for things done by or to a body mentioned in subsection (2) to be treated, in such cases and to such extent as the regulations may provide, as done by or to a local authority specified in, or determined in accordance with, the regulations.

(2)Those bodies are—

(a)a Passenger Transport Executive,

(b)a company which, in accordance with Part 5 of the Local Government and Housing Act 1989 (c. 42) (companies in which local authorities have interests), is under the control, or for the time being subject to the influence, of a local authority or a Passenger Transport Executive, and

(c)a trust to which the provisions of section 69 of that Act (companies subject to local authority influence) are applicable because of an order under section 72 of that Act (trusts influenced by local authorities).

(3)A local authority to which regulations under this section apply and any body or bodies falling within subsection (2)(a) or (b) with which the regulations link the authority are referred to in this section as the members of a local authority group.

(4)Regulations under this section may include—

(a)provision for the application of any of the provisions of this Chapter to members of a local authority group subject to such modifications as the regulations may specify;

(b)provision as to the way in which—

(i)dealings between members of a local authority group, or

(ii)changes in the capitalisation or capital structure of a company in a local authority group,

are to be brought into account for the purposes of this Chapter.

19Application to parish and community councils

(1)In sections 2(3) and (4), 6, 9 to 13, 15, 16, 17(1)(a), (b) and (d) to (f) and (2) and 18, references to a local authority include a parish council, a community council and charter trustees.

(2)Schedule 1 (which makes provision about capital finance in relation to parish and community councils and charter trustees) has effect.

(3)The appropriate person may by regulations—

(a)apply any of the other provisions of this Chapter to parish or community councils or charter trustees, or parish or community councils or charter trustees of any description, with or without modifications, and

(b)make any corresponding disapplication of any of the provisions of Schedule 1.

20Directions

(1)Directions under this Chapter shall be in writing.

(2)Directions under this Chapter may be expressed to have effect in specified circumstances or subject to specified conditions.

(3)Any power to give a direction under this Chapter includes power to give a direction varying or revoking a previous direction given in exercise of the power.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources