Local Government Act 1958

5 (1) Expenditure incurred in connection with—

(a) the acquisition of land under Part I of the Town and Country Planning Act, 1944, under section thirty-eight or forty of the Town and Country Planning Act, 1947, or in pursuance of section nineteen of the latter Act;

(b) the acquisition under section forty-one of the said Act of 1947 of any building as respects which, immediately before the acquisition thereof, a building preservation order was in force or could have been made, the acquisition of any building by virtue of section nineteen of the said Act as applied by a building preservation order, or the acquisition under the said section forty-one of any land comprising or contiguous or adjacent to any such building ;

(c) the acquisition under any enactment not hereinbefore referred to of land for use as a public open space ;

(d) the payment of compensation under Part III or Part VIII of the said Act of 1947 ;

(e) the taking of any action under sections twenty-four to twenty-six of that Act, or the taking of action under the said section twenty-four as applied by any of the provisions of Part III of that Act;

(f) the carrying out of any work of restoring, repairing or adapting any buildings in the case of a building in respect of which a building preservation order was in force or could have been made immediately before its acquisition.

(2) References in this paragraph to expenditure incurred in connection with the acquisition of land include references to expenditure incurred in connection with the clearing and preliminary development of land.

(3) Regulations made by the Minister with the consent of the Treasury may provide—

(a) for treating the appropriation of land, in such cases and subject to such conditions as may be prescribed by or under the regulations, as equivalent for the purposes of this paragraph to the acquisition of land at such cost as may be so prescribed;

(b) for determining how expenditure is to be ascertained for the purposes of this paragraph, whether by reference to expenditure actually incurred or by reference to annual costs incurred or treated as incurred in respect of the borrowing of money, or by reference to the excess of such expenditure or costs over receipts or the annual value of receipts, or partly in one way and partly in another;

(c) for the inclusion, in the expenditure incurred in the acquisition of land, of the whole or a part of any sum paid in connection with any restriction imposed on the development or use of the land by or under any enactment (whether by way of compensation or by way of contribution towards damage or expenses incurred in consequence of the restriction).

Any regulations under this sub-paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.