Statutory Instrument 1988 No. 434

The Local Government (Prescribed Expenditure) (Amendment) Regulations 1988

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© Crown Copyright 1988

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1988 No. 434

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government (Prescribed Expenditure) (Amendment) Regulations 1988

The Secretary of State for the Environment and the Secretary of State for Transport^[1], as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 75(5) and 84 of, and paragraph 4 of Schedule 12 to, the Local Government, Planning and Land Act 1980^[2] and of all other powers enabling them in that behalf, hereby make the following Regulations:

    1.—(1)  These Regulations may be cited as the Local Government (Prescribed Expenditure) (Amendment) Regulations 1988.

    (2)  These Regulations shall come into force on 10th March 1988.

    (3)  These Regulations shall cease to have effect on 1st October 1988.

    2.    The Local Government (Prescribed Expenditure) (Consolidation and Amendment) Regulations 1987^[3] are amended as follows—
 (a) in regulation 2, after the definition of "housing association" insert-
""land", except where the context otherwise requires, includes buildings and structures on land;" ;

 (b) after regulation 4(1)(d) insert-
"(e) land, vehicles, vessels, movable and immovable plant, machinery and apparatus if the authority disposing of the asset had no interest in it immediately before 1st April 1981 and the subsequent acquisition of an interest—
(i) did not involve the authority in prescribed expenditure; or

(ii) involved expenditure the amount of which was, for the purposes of Part VIII of the Act, nil;

(f) land, vehicles, vessels, movable and immovable plant, machinery and apparatus where, if the authority were the party acquiring the asset under the transaction instead of the party disposing of it, the acquisition—
(i) would not involve the authority in prescribed expenditure; or

(ii) would involve expenditure the amount of which was, for the purposes of Part VIII, nil." ;

 (c) for paragraph 3 of

[1] The functions of the Minister of Transport under section 84(5) of the Local Government, Planning and Land Act 1980 (c. 65) were transferred to the Secretary of State for Transport by article 2(1)(b) of the Transfer of Functions (Transport) Order 1981 (S.I. 1981/238). back

[2] 1980 c. 65. back

[3] S.I. 1987/2186. back

Explanatory Note