The Local Authorities (Discretionary Expenditure Limits) Order 1993

Statutory Instruments

1993 No. 41

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Authorities (Discretionary Expenditure Limits) Order 1993

Made

12th January 1993

Laid before Parliament

20th January 1993

Coming into force

1st April 1993

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 on them by section 137(4AA) and (5), section 265(2) and (3) and 266(2) of the Local Government Act 1972(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Local Authorities (Discretionary Expenditure Limits) Order 1993 and shall come into force on 1st April 1993.

Expenditure limits: general provision

2.  For the purposes of section 137(4)(a) of the Local Government Act 1972(2), there is hereby specified the sum mentioned in the second column of the following Table in relation to each description of local authority mentioned in the first column.

TABLE

Description of authority	Appropriate sum
The council of a county or non-metropolitan district	£1.90
The council of a metropolitan district which is a constituent council(3) for the purposes of a scheme under section 48 (grants to voluntary organisations) of the Local Government Act 1985(4)	£3.55
The council of any other metropolitan district	£3.80
Any local authority whose area is within Greater London	£3.55

Expenditure limits: Isles of Scilly

3.  The Isles of Scilly Order 1978(5) is amended by the insertion, at the end of paragraph 6(2A), of the words “which is not a constituent council for the purposes of a scheme under section 48 (grants to voluntary organisations) of the Local Government Act 1985”.

Revocation

4.  The Local Authorities (Discretionary Expenditure Limits) Order 1990(6) is hereby revoked.

Michael Howard

Secretary of State for the Environment

11th January 1993

David Hunt

Secretary of State for Wales

12th January 1993

Explanatory Note

(This note is not part of the Order)

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 relevant population of the authority’s area by the sum appropriate to the authority.

In article 2 of this order different sums are specified as appropriate to–

(a) county and non-metropolitan district councils;

(b) London borough councils, the Common Council of the City of London, and metropolitan district councils participating in a scheme under section 48 (grants to voluntary organisations) of the Local Government Act 1985;

(c) other metropolitan district councils and (by virtue of article 3) the Council of the Isles of Scilly.

These sums have effect in place of the sums specified in section 137(4AA) of the Act, which continues to have effect in respect of the expenditure of parish and community councils.

(1)

1972 c. 70. Section 137(4AA) is inserted by section 36(7) of the Local Government and Housing Act 1989, c. 42.

(2)

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

(3)

see section 48(1) of the Local Government Act 1985 (c. 51).

(4)

see section 48(2) of the 1985 Act.

(5)

S.I. 1978/1844, amended by the Coroners Act 1988 (c. 13), Schedule 4; article 6(2A) is inserted by S.I. 1990/1846.

(6)

S.I. 1990/529.