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Local Government Act 1988

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Version Superseded: 27/07/1999

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9 Accounts to be kept.E+W+S

(1)This section applies where a defined authority carry out, in the financial year beginning in 1989 or in a subsequent financial year, work which falls within a defined activity and fulfils the condition that—

(a)it is carried out under a works contract to which section 4 above applies, or

(b)section 6 above applies to it.

(2)For each financial year in which the work is carried out, the authority shall keep an account as regards all work which falls within that activity, is carried out by them in that year and fulfils that condition.

(3)Where any work falling within the activity is carried out under a works contract, the authority shall credit to the account kept under this section as regards the activity for the financial year in which the work is carried out such an amount as is specified in the contract, or ascertained under it, as the price for carrying out the work in that year.

(4)Where any work falling within the activity is functional work, the authority shall enter, in the account kept under this section as regards the activity for the financial year in which the work is carried out, such item as is necessary to carry out any intention expressed by the authority in relation to the work in any bid prepared under section 7(6) above.

(5)The Secretary of State may specify—

(a)items which are to be entered in accounts kept under this section (in addition to items to be entered by virtue of subsections (3) and (4) above), and

(b)the method of determining the amount of any item to be entered by virtue of the specification.

(6)No item may be credited to an account kept under this section except an item required to be credited by subsection (3) or (4) above or by virtue of a specification under subsection (5) above.

(7)Where an authority is required under this section to keep an account of work falling within a defined activity, nothing in section 2(2) of the M1Local Authorities (Goods and Services) Act 1970 shall be taken to require the authority to keep a separate account in respect of any agreement for the carrying out of that work.

Modifications etc. (not altering text)

C1S. 9 applied (9.1.1995) by S.I. 1994/3167, reg. 13

S. 9 applied (with modification) (15.8.1994) by 1994 c. 19, s. 52 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2109, art. 2

C2S. 9(4) applied (9.1.1995) by S.I. 1994/3167, reg. 14(5)(b)

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