The Police Act 1997 (Provisions in relation to the NCIS Service Authority) Order 1998

Capital receipts not wholly in money paid to the Authority

G22.—(1) This paragraph applies where—

(a) the whole or part of the consideration received by the Authority for a disposal falling within article G19(1) above either is not in money or consists of money which, at the request or with the agreement of the Authority concerned, is paid otherwise than to the Authority; or

(b) the right of the Authority to receive such a repayment or payment as is referred to in article G19(1) above is assigned or waived for a consideration which, in whole or in part, is not in money or which, at the request or with the agreement of the Authority, is paid otherwise than to the Authority; or

(c) on a disposal falling within article G19(3) above, if it had been in money paid to the Authority, it would have been a capital receipt.

(2) Where this article applies in relation to any consideration, there shall be determined the amount which would have been the capital receipt if the consideration had been wholly in money paid to the Authority; and subject to paragraph (3) below, the amount so determined is in this article referred to as “the notional capital receipt”.

(3) From the amount which, apart from this paragraph, would be the notional capital receipt in relation to a disposal, repayment or payment there shall be deducted any amount of money that was paid or is payable to the Authority in respect of that disposal, repayment or payment and in respect of which article G20 above actually applies or will actually apply when the payment is received.

(4) Where consideration to which this article applies is received in respect of a disposal, repayment or payment, the Authority shall set aside, at the time of the disposal or the assignment or waiver of the repayment or payment, and as provision to meet credit liabilities, an amount which, except in so far as directions given by the Secretary of State otherwise provide, shall be equal to that which, under article G20 above, would be the reserved part of the notional capital receipt.

(5) The amount falling to be set aside by the Authority under paragraph (4) above shall be so set aside—

(a) from the usable part of the Authority’s capital receipts; or

(b) from a revenue account of the Authority.

(6) Where the Secretary of State provides by regulations made under section 61 of the 1989 Act that—

(a) consideration which is not in money, which is received by a local authority and which is of a description specified in the regulations, or

(b) consideration which is in money, which is paid otherwise than to a local authority and which is of a description specified in the regulations,

shall be treated for the purposes of subsections (2), (4) and (5) of that section as consideration to which that section applies, then consideration which is not in money which is received by the Authority and is of the description specified in the regulations and consideration which is not in money which is paid otherwise than to the Authority and is of the description specified in the regulations shall be treated for the purposes of paragraphs (2), (4) and (5) above as consideration to which this article applies and, in relation to any such consideration, paragraph (4) above shall apply with such modifications as are specified in the regulations, and references in those regulations to local government enactments shall be interpreted as references to the equivalent provision of, or as applied by, this Order.