1990 No. 1273

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Authorities (Capital Finance) (Amendment) Regulations 1990

Made

Laid before Parliament

Coming into force

The Secretary of State for Wales, in exercise of the powers conferred on him by sections 57(1)(c) and 191(1) of the Local Government and Housing Act 19891, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment) Regulations 1990 and shall come into force on 1st July 1990.

2

In these Regulations—

  • “the Act” means the Local Government and Housing Act 1989; and

  • “the principal Regulations” means the Local Authorities (Capital Finance) Regulations 19902.

Specified capital grants: Wales2

In regulation 9(2) of the principal Regulations—

a

in sub-paragraph (a), for the words “to (v)” there are substituted the words “, (iii) and (v)”; and

b

after sub-paragraph (b) there is inserted—

c

contributions paid under section 132(1) to the extent that they are paid towards expenditure incurred by a local authority under Part VIII of the Act other than expenditure on —

i

a grant in respect of which the authority are under a duty under Part VIII of the Act to approve an application;

ii

a grant in so far as it relates to an application which, by virtue of section 112(4)(b) or 113(3)(b), is treated as an application under section 115; or

iii

a grant in so far as it relates to an application in respect of a dwelling or a building which isapproved by the authority under section 114(4) at the same time as they approve an application under section 114(3) in respect of the same dwelling or building.

David HuntSecretary of State for Wales

(This note is not part of the Regulations)

Section 57 of the Local Governmentand Housing Act 1989 (“the 1989 Act”) empowers the Secretary of State to specify by regulationscertain grants, contributionsand subsidies paid to local authorities. Such grants etc. then become “specified capital grants” for the purposes of that section. Section 57 provides that if a local authority receive a specified capital grant their relevant credit approvals shall be reduced by deducting therefrom an amount equal to the specified capital grant received.

These Regulations amend the provisions relating to Wales in regulation 9 of the Local Authorities (Capital Finance) Regulations 1990. The effect of the amendments is to define the scope of “specified capital grants” as regards contributionspaid by the Secretary of State towards local authority expenditure under Part VIII of the 1989 Act (local authority grants towardscosts of housing improvementsand repairs etc). The relevant provisions of Part VIII (insofar as they are not already in force) arebeing brought into force by Commencement Order on1st July 1990.