Office of Public Sector Information

41 Lost and uncollected property

(1)This section has effect where—

(a)property comes into the possession of a local authority after being found on buildings or premises owned or managed by them; or

(b)property which has been deposited with a local authority is not collected from them in accordance with the terms under which it was deposited.

(2)Where—

(a)property is found on any building or premises owned or managed by a local authority; and

(b)it is subsequently handed over to the authority,

any right of possession of the property which was vested in a person by virtue of its having been found is extinguished.

(3)If—

(a)the local authority gives the owner or, as the case may be, the depositor of the property notice in writing—

(i)that they require him to collect the property by a date specified in the notice; and

(ii)that if he does not do so the property will vest in the local authority on that date; and

(b)he fails to comply with the notice,

the property shall vest in the local authority on the specified date.

(4)The date to be specified in a notice under subsection (3) above shall be not less than one month from the date of the notice.

(5)Where it appears to the local authority, on the date when property comes into their possession as mentioned in paragraph (a) of subsection (1) above, that it is impossible to serve a notice under subsection (3) above, the property shall vest in the authority one month from that date.

(6)Where the local authority are satisfied after reasonable inquiry that it is impossible to serve a notice under subsection (3) above in relation to any property, it shall vest in them six months from the relevant date.

(7)Where—

(a)any property is of a perishable nature; or

(b)to look after it adequately would involve the local authority in unreasonable expense or inconvenience,

the authority may sell or otherwise dispose of it at such time and in such manner as they think fit.

(8)Where property is sold or otherwise disposed of under subsection (7) above—

(a)any person to whom the property is transferred shall have a good title to it; and

(b)any proceeds of sale shall vest in the local authority on the day when the property would have vested in them under this section if it had not been sold.

(9)Where any property which came into the possession of a local authority as mentioned in paragraph (a) of subsection (1) above vests in the authority under this section, the authority may give the whole or any part of the property to the person through whom it came into their possession.

(10)Where the proceeds of sale of property which came into the possession of a local authority as mentioned in the said paragraph (a) vest in the authority under this section, the authority may make a payment not exceeding the value of the property to the person through whom it came into their possession.

(11)Where property is claimed by its owner or depositor before it vests in a local authority under this section, he may collect it on payment to the local authority of any sum which they require him to pay in respect of costs incurred by them—

(a)in making inquiries for the purposes of this section or serving any notice under subsection (3) above; and

(b)in looking after the property adequately.

(12)This section shall not apply to any property which is found—

(a)on an aerodrome or in an aircraft on an aerodrome;

(b)in a public service vehicle; or

(c)on any premises belonging to [F1or under the control of London Regional Transport or of any subsidiary of London Regional Transport (within the meaning of the London Regional Transport Act 1984)]

(13)In this section—

• “aerodrome” has the meaning assigned to it by section 28(1) of the M1 Civil Aviation Act 1968;

• “local authority” means—

  (a)

  a local authority as defined in section 270(1) of the M2Local Government Act 1972; and

  (b)

  a board constituted in pursuance of [F2section 2 of the Town and Country Planning Act M31990]F3. . .; and

  (bb)

  [F4the Broads Authority; and]

  (c)

  the Common Council of the City of London; [F5and

  (ca)

  [F6a police authority established under [F7section 3 of the Police Act 1996];]

  (caa)

  [F8 the Metropolitan Police Authority; and]

  (cb)

  F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (d)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

  (e)

  a joint authority established by Part IV of the Local Government Act 1985;] [F11and

  (f)

  the London Fire and Emergency Planning Authority.]

• “public service vehicle” has the meaning assigned to it by section 1 of the M4Public Passenger Vehicles Act 1981;

• “the relevant date” means—

  (a)

  in relation to property which came into the possession of a local authority as mentioned in paragraph (a) of subsection (1) above, the date when it came into their possession; and

  (b)

  in relation to uncollected property,—

  (b)

  (i)

  the date when the local authority accepted custody of it; or

  (ii)

  the date when the period for which it was deposited with them expired,

  whichever is the later.

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

43 Advances for acquisition of land, erection of buildings or carrying out of works

In section 3 of the M1Local Authorities (Land) Act 1963—

(a)the following subsection shall be substituted for subsection (1)—

“(1)Where a local authority are satisfied that it would be for the benefit or improvement of their area, they may, subject to the provisions of this section, advance money to any person for the purpsoe of enabling him—

(a)to acquire land ; or

(b)to erect any building or to carry out any work on land.” ; and

(b)the following subsections shall be substituted for subsection (3)—

“(3)The amount of the principal of an advance made under subsection (1)(a) of this section shall not exceed nine-tenths of the value of the land.

(3A)The amount of the principal of an advance made under subsection (1)(b) of this section shall not exceed nine-tenths of the value which it is estimated the mortgaged security will bear upon the completion of the building or other works in respect of which the advance is made.”.

44 Definition of certain local authority expenditure

In section 137 of the M1Local Government Act 1972 (which gives local authorities power to incur expenditure for certain purposes not otherwise authorised, but limits the expenditure which it authorises)—

(a)the following subsections shall be inserted after subsection (2)—

“(2A)Without prejudice to the generality of subsection (1) above, the power of a local authority to incur expenditure under that subsection includes power to incur expenditure ingiving financial assistance to persons carrying on commercial or industrial undertakings.

(2B)Financial assitance under subsection (2A) above may be given by lending or guarantee, or by making grants.” ;

(b)the following subsections shall be inserted after subsection (4)—

“(4A)For the purpose of determining whether a local authority have exceeded the limit set out in subsection (4) above, their expenditure in any financial year under this section shall be taken to be the diferrence between their gross expenditure under this section for that year and the aggregate of the amounts specified in subsection (4B) below.

(4B)The amounts mentioned in subsection (4A) above are—

(a)any grant paid to the local authority for that year under the Local Government Grants (Social Needs) Act 1969, in so far as the grant is in respect of an activity in relation to which the authority have incurred expenditure in that year under this section ;

(b)the amount of any repayment in that year of the principal of a loan for the purpose of financing expenditure under this section in any year ;

(c)so mauch of any amount raised by public subscription as is spent in that year for a purpose for which the authority are authorised by this section to incur expenditure ;

(d)any grant received by the authority for that year out of the European Regional Development Fund or the Social Fund of the European Economic Community, in so far as the grant is in respect of ana ctivity inrelation to which the authority incurred expenditure under this section ;

(e)the amount of any repayment in that year of a loan under this section made by the authority in any year ; and

(f)the amount of any expenditure—

(i)which is incurred by the authority in that year in circimstances specified in an order made by the Secretary of State ; or

(ii)which is incurred by the authority in that year and is of a description so specified ; or

(iii)which is defrayed by any grant or other payment to the authority which is made in or in respect of that year and is of a description so specified.” ; and

(c)in subsection (5), for the words “subsection (4) above” there shall be substituted the words “this section”.

45 Arrangements under Employment and Training Act 1973

(1)A local authority to whom this section applies shall have power and shall be deemed always to have had power to enter into arrangements with . . . F1 the Secretary of State under any provision of the Employment and Training Act 1973.

(2)The local authorities to whom this section applies are—

(a)a local authority as defined in section 270(1) of the M1Local Government Act 1972;

[F2(aa)an authority established by Part . . . F3IV of the Local Government Act 1985 or by an order under section 10 of that Act;

(ab)a body corporate established by an order under section 67 of that Act.].

(b)a board constituted in pursuance of [F4section 2 of the Town and Country Planning Act 1990]F5. . .; F6. . .

[F7(bb)the Broads Authority; F6. . .]

(c)the Common Council of the City of London.

46 Extension of duration of local Act powers to assist industry etc

(1)In each of the enactments to which this subsection applies “1986” shall be substituted for “1984”.

(2)The enactments to which subsection (1) above applies are—

(a)section 62A of the M1Isle of Wight County Council Act 1971, so far as it relates to sections 18 to 20 of that Act;

(b)section 11(2) of the M2County of South Glamorgan Act 1976;

(c)section 52 of the M3Tyne and Wear Act 1976;

(d)section 9 of the M4County of Merseyside Act 1980;

(e)section 122(2) of the M5West Midlands County Council Act 1980;

(f)section 4 of the M6Cheshire County Council Act 1980;

(g)section 8 of the M7West Yorkshire Act 1980; and

(h)section 9 of the M8Greater Manchester Act 1981.