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Local Government Act 1958

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Part IIExclusions from Relevant Expenditure

1Paragraph 1 of Part I of this Schedule does not include expenditure incurred—

(a)in connection with the provision of milk for pupils in attendance at schools maintained by local education authorities or for full-time students under eighteen years in attendance at establishments for further education maintained or assisted by such authorities or in receipt of grant from the Minister of Education, or the provision of milk in pursuance of arrangements made under section seventy-eight of the Education Act, 1944 ;

(b)in connection with the provision of main mid-day meals for day pupils in attendance at schools maintained by such authorities or the provision of such meals in pursuance of arrangements made under the said section seventy-eight or in pursuance of section eighty-one of that Act;

(c)in the removal of works constructed for the purposes of air-raid precautions or of temporary works constructed for defence purposes by or on behalf of the Secretary of State, the Admiralty or the Minister of Home Security in pursuance of Regulation fifty or fifty-one of the Defence (General) Regulations, 1939, or by agreement', or in the reinstatement of premises so far as it is rendered necessary by any such removal; or

(d)in pursuance of a scheme under section ten of the Employment and Training Act, 1948.

2Paragraph 3 of Part I of this Schedule does not include expenditure incurred in the performance of functions imposed under section two of the Civil Defence Act, 1948.

3Paragraph 4 of Part I of this Schedule does not include expenses incurred in the management of approved schools or in respect of children sent to approved schools or in respect of remand homes.

4(1)Sub-paragraph (1) (a) of paragraph 5 of Part I of this Schedule does hot include expenditure incurred in connection with the acquisition of land for the redevelopment as a whole of areas of extensive war damage, or for the relocation of population or industry, or the replacement of open space, in the course of such redevelopment.

(2)Sub-paragraph (1) (d) of the said paragraph 5 does not include expenditure incurred in connection with the payment of compensation in respect of land acquired by virtue of section nineteen of the Town and Country Planning Act, 1947.

(3)Sub-paragraphs (1) (d) and (e) of the said paragraph 5 do not include the payment of compensation in respect of land of the National Coal Board to which the Fifth Schedule to the said Act of 1947 applies by virtue of regulations under section ninety of that Act, or in connection with the taking of any action under sections twenty-four to twenty-six of that Act in respect of such land of the National Coal Board.

(4)The said sub-paragraphs (1) (d) and (e) do not include expenditure incurred in connection with the payment of compensation under section twenty-six of the said Act of 1947, or the taking of action under that section, in respect of land in a National Park or area of outstanding natural beauty (within the meaning of the National Parks and Access to the Countryside Act, 1949) or any such expenditure as, under subsection (7) of section ninety-seven of the said Act of 1949, is to be treated for the purposes of that section as expenditure under the said section twenty-six and do not include expenditure in connection with the payment of compensation under tree-preservation orders under section twenty-eight of the said Act of 1947 in respect of such land as aforesaid.

(5)The said paragraph 5 does not include expenditure incurred in connection with the acquisition of any building excepted by direction of the Minister as being a building of outstanding historical or architectural interest, or the carrying out of any work of restoration, repair, maintenance or adaptation on or in the case of such a building.

(6)Sub-paragraphs (2) and (3) of the said paragraph 5 shall apply in relation to this paragraph as they apply to relation to that paragraph.

5Part I of this Schedule does not include expenditure of any of the kinds specified in subsection (2) of section two of the Town Development Act, 1952 (which empowers the Minister to make contributions to councils of receiving districts in respect of certain expenditure).

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