The Local Government Reorganisation (Wales) (Finance) (Miscellaneous Amendments and Transitional Provisions) Order 1996

Commutation of, and interest on, periodic payments of grants etc.

11.—(1) Where in relation to an old authority—

(a) before 1st April 1996 the Secretary of State has determined to commute any annual or other periodic payment under section 157 of the 1989 Act (commutation of, and interest on, periodic payments of grants etc.); and

(b) on that date, the whole or any part of the commuted payment has not been paid,

the payment made by the Secretary of State on or after 1st April 1996 shall be made to the new authority or, if he thinks it appropriate, to the Public Works Loans Commissioners.

(2) Where after 31st March 1996 it appears to the Secretary of State that a commuted payment made to an old authority or, by reference to that authority, to the Public Works Loans Commissioners, on or before that date was smaller or greater than it should have been he may on or after 1st April 1996, as the case may require—

(a) make a payment to the new authority or to those Commissioners; or

(b) require a payment to him by the new authority of such sum as he may direct.

(3) For the purposes of any determination under section 157 of the 1989 Act which may be made on or after 1st April 1996, the reference in subsection (1) of that section to expenditure incurred by the local authority shall, in the case of a new authority, include expenditure incurred by the old authority.

(4) In this article “new authority” means—

(a) in the case of an old authority in relation to which there is only one successor authority, that successor authority;

(b) in the case of an old authority in relation to which there is more than one successor authority, the designated authority.