The Local Authorities (Capital Finance and Accounting) (England) Regulations 2003

Regulation 1(5)

F1 F2 F3 F4 F5 [F6 SCHEDULE E+W Calculation of the sub-liability

Textual Amendments

F1 Sch. Table: the names of the authorities and Column A omitted (14.6.2012) by The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No.3) Regulations 2012 (S.I. 2012/1324), regs. 1(2), 4(a)

F2 Sch. Table: the names of the authorities and Column A inserted (14.6.2012) by The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No.3) Regulations 2012 (S.I. 2012/1324), regs. 1(2), 4(b), Sch.

F3 Sch. Table: in Column B for North West Leicestershire, the amount "30, 838.58" substituted for "81,496.61" (30.9.2012) by The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No. 4) Regulations 2012 (S.I. 2012/2269), regs. 1(2), 6(d)(i)

F4 Sch. Table: in Column B for North West Leicestershire, the amount "50, 904.60" substituted for "93, 362.24" (30.9.2012) by The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No. 4) Regulations 2012 (S.I. 2012/2269), regs. 1(2), 6(d)(ii)

F5 Sch. Table: in Column B for North West Leicestershire, the amount "57, 086.06" substituted for "106, 942.31" (30.9.2012) by The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No. 4) Regulations 2012 (S.I. 2012/2269), regs. 1(2), 6(d)(iii)

F6 Sch. substituted (1.4.2013) by The Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2013 (S.I. 2013/476), regs. 1(3), 4, Sch. (with reg. 7)

1.— (1) This Schedule applies to capital receipts derived from dwellings disposed of by the local authority on or after 1st April 2012— E+W

(a) under Part V of the Housing Act 1985;

(b) to a secure tenant for an amount that is less than the market value of the dwelling; or

(c) by a grant of a shared ownership lease to a tenant of the local authority where—

(i) a premium (which is a portion of the market value of the disposed dwelling) was paid and that portion exceeded 50% of the market value of the disposed dwelling; or

(ii) within 2 years of the grant of the shared ownership lease, a premium is paid to acquire a further portion of the disposed dwelling so that the total portion of the market value of the disposed dwelling owned by the tenant is more than 50%.

(2) This Schedule does not apply to capital receipts derived from the disposal of dwellings that are the subject of an agreement made under section 80B of the Local Government and Housing Act 1989.

2.   In this Schedule— E+W

“available buy back allowance” is an amount calculated in accordance with paragraph 3(2);

“assumed debt” means the amount of debt assumed to be associated with a local authority in a quarter as set out in column A of the table in this Schedule (“the Table”);

“attributable debt” means the amount of debt associated with a dwelling subject to the duty under section 74 of the Local Government and Housing Act 1989 (duty to keep a housing revenue account) set out in “the table of debt associated with HRA properties” dated 31st March 2013 which is published on the website of GOV.UK and deposited at the Department’s principal office;

“buy back allowance” is an amount calculated in accordance with paragraph 3;

“local authority share cap” means the amount attributable to an authority set out in Column B of the Table;

“London authorities” means—

(i)

a London borough council; and

(ii)

the Common Council of the City of London;

“previous quarter” means the quarter before the relevant quarter except where the relevant quarter is quarter 1;

“quarter 1” means the period from 1st April 2012 to 30th June 2012;

“sub-liability” means the amount payable by the local authority to the Secretary of State under regulation 12; and

“transaction cost” means in relation to—

(i)

London authorities, £2850:

(ii)

local authorities that are not London authorities, £1300.

3.— (1) The buy back allowance for the relevant quarter means 50% of the relevant costs of buying back a relevant interest in the relevant quarter where— E+W

(a) “relevant costs” means the expenditure incurred by the authority in the relevant quarter including administrative and incidental costs; and

(b) “relevant interest” means a freehold or leasehold interest in a dwelling—

(i) that has previously been disposed of by the authority, another authority, a new town corporation, a housing action trust or an urban development corporation;

(ii) that was not acquired pursuant to a compulsory purchase order; and

(iii) was not acquired from a body of persons corporate or unincorporate.

(2) The available buy back allowance in respect of a relevant quarter is calculated as follows—

.

4.   In this Schedule— E+W

A means the total receipts received from the disposal of dwellings in the relevant quarter;

A* means the value of A in the previous quarter;

B means the total of the attributable debt associated with the dwellings disposed of from 1st April 2012 to the last day of the relevant quarter;

C means the total of the assumed debt for each quarter from quarter 1 to the relevant quarter;

D means the local authority share cap for the relevant quarter;

E means the total transaction cost calculated in accordance with paragraph 5;

E* means the total transaction cost for the previous quarter;

F has the meaning set out in paragraph 11;

F* means the value of F for the previous quarter;

F** means the total of the value of F for each quarter from quarter 1 to the previous quarter;

F*** has the meaning set out in paragraph 6;

G has the meaning set out in paragraph 8;

G*means the value for G in the previous quarter;

H means the transaction cost;

I means the number of disposals of dwellings during the relevant quarter;

J means deductible buy back allowance for the relevant quarter and is calculated in accordance with paragraph 12;

J* means the value of J for the previous quarter;

K means the sub-liability for the relevant quarter and is calculated in accordance with paragraph 13;

K* means the value of K for the previous quarter;

L is calculated in accordance with paragraph 10;

L* means the value of L for the previous quarter;

L** has the meaning set out in paragraph 9; and

M has the meaning set out in paragraph 7.

5.   E (the total transaction cost) means— E+W

.

6.   F*** means— E+W

except where is less than zero, F*** means—

.

7.   M means E+W

8.   G means— E+W

(a) in the period of quarter 1—

;

(b) in quarters other than quarter 1—

.

9.   L** means— E+W

(a) 2.398347729 in the financial year 2012 to 2013;

(b) 2.360771759 in the financial year 2013 to 2014; and

(c) 2.311525846 in the financial year 2014 to 2015.

10.   L means— E+W

(a) in the financial year 2012 to 2013—

;

(b) in any financial year other than 2012 to 2013—

.

11.   F means— E+W

except where is greater than , F means—

.

12.   J means an amount of the available buy back allowance that does not exceed— E+W

except where is less than zero, J means zero.

13.   K means— E+W

except where is less than zero, K means—

.]