The Local Authorities (Discretionary Expenditure) (Relevant Population) Regulations 1990

Statutory Instruments

1990 No. 602

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Authorities (Discretionary Expenditure) (Relevant Population) Regulations 1990

Made

12th March 1990

Laid before the House of Commons

15th March 1990

Coming into force

1st April 1990

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by section 137(4AB) and (5) of the Local Government Act 1972(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the Local Authorities (Discretionary Expenditure) (Relevant Population) Regulations 1990 and shall come into force on 1st April 1990.

(2) In these Regulations—

“the 1988 Act” means the Local Government Finance Act 1988(2).

Relevant population for purposes of calculating discretionary expenditure limit

2.  For the purposes of section 137(4)(b) of the Local Government Act 1972(3), the relevant population of the area of an authority specified in column (1) of the Table below shall be determined in relation to that authority by reference to column (2).

TABLE

(1)	(2)
An English district council, a London borough council, a Welsh county council, a Welsh district council or the Council of the Isles of Scilly	The figure calculated before 12th March 1990 under paragraph 4 of Schedule 12A to the 1988 Act(4) as the relevant population of the area of the authority for the financial year beginning in 1990
An English non-metropolitan county council	The aggregate of the relevant population figure for the area of each district council within the county, calculated as mentioned above
The Common Council	150,000
A parish or community council	The number of local government electors for the area of the authority on the first day of the financial year in question.

Signed by authority of the Secretary of State for the Environment

David Hunt

Minister of State,

Department of the Environment

12th March 1990

Peter Walker

Secretary of State for Wales

12th March 1990

Explanatory Note

(This note is not part of the Regulations)

The annual limit on the amount of expenditure which a local authority may incur for purposes not otherwise authorised is determined under section 137(4) of the Local Government Act 1972 by multiplying the sum appropriate to the authority by virtue of section 137(4AA) by the relevant population of the authority’s area.

For those purposes, these Regulations provide for the determination of the relevant population of the areas of the local authorities specified in the Table in regulation 2.

(1)

1972 c. 70; section 137(4AB) was inserted by the Local Government and Housing Act 1989 (c. 42), section 36(7).

(2)

1988 c. 41

(3)

Section 137(4) was amended by Section 36(6) of the Local Government and Housing Act 1989.

(4)

Schedule 12A was inserted by paragraph 74 of Schedule 5 to the 1989 Act.