This Statutory Instrument has been made in consequence of defects in S.I. 1996/633 and S.I. 1996/910 and is being issued free of charge to all known recipients of either Statutory Instrument.

1996 No. 1366

LOCAL GOVERNMENT, ENGLAND AND WALESWALESFINANCE

The Local Government Reorganisation (Wales) (Capital Finance) (Amendment) Order 1996

Made

Laid before Parliament

Coming into force

The Secretary of State for Wales, in exercise of the powers conferred on him by section 54(1) and (2)(e) of the Local Government (Wales) Act 19941, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement1

This Order may be cited as the Local Government Reorganisation (Wales) (Capital Finance) (Amendment) Order 1996, and shall come into force on 1st June 1996.

Amendment of Local Government Reorganisation (Wales) (Capital Finance) Order 19962

In article 1(3) of the Local Government Reorganisation (Wales) (Capital Finance) Order 19962, the definitions of “divided old authority”, “undivided old authority” and “usable receipts” shall be omitted.

Amendment of Local Government Reorganisation (Wales) (Capital Finance and Miscellaneous Provisions) Order 19963

Paragraph (3) of article 3 of the Local Government Reorganisation (Wales) (Capital Finance and Miscellaneous Provisions) Order 19963 shall be amended by the insertion after “section 56 agreement” of “in respect of relevant property transferred or retained under that agreement”.

Signed by authority of the Secretary of State for Wales

Gwilym JonesParliamentary Under Secretary of State, Welsh Office

(This note is not part of the Order)

This Order makes amendments to the Local Government Reorganisation (Wales) (Capital Finance) Order 1996 and the Local Government Reorganisation (Wales) (Capital Finance and Miscellaneous Provisions) Order 1996.

Article 2 of this Order deletes superfluous definitions from the interpretation provisions of the Local Government Reorganisation (Wales) (Capital Finance) Order 1996.

Article 3 of the Local Government Reorganisation (Wales) (Capital Finance and Miscellaneous Provisions) Order 1996 modified the application of Part IV of the Local Government and Housing Act 1989 in relation to money transferred under some agreements made under section 56 of the Local Government (Wales) Act 1994 (“the 1994 Act”). The agreements are those concerning land, buildings or other structures (except roads), made between certain public bodies affected by area changes made by the 1994 Act (“relevant authorities”).

Paragraph (3) of that article (which provides that any receipt by a relevant authority under a section 56 agreement shall be treated as a capital receipt) is not however restricted to agreements concerning land, buildings or other structures (except roads). Article 3 of this Order amends that paragraph to restrict its application to such agreements.