Statutory Instrument 1997 No.319

      The Local Authorities (Capital Finance) Regulations 1997


      © Crown Copyright 1997

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STATUTORY INSTRUMENTS

1997 No.319

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Authorities (Capital Finance) Regulations 1997

  Made 12th February 1997 
  Laid before Parliament 24th February 1997 
  Coming into force
  for the purposes of regulations 120, 121 and 162(a) 30th March 1997 
  for all other purposes 1st April 1997 


ARRANGEMENT OF REGULATIONS

PART I

GENERAL
1 . Citation, commencement and interpretation

PART II

EXPENDITURE FOR CAPITAL PURPOSES
Expenditure to be expenditure for capital purposes
2 . Issue of loan instruments
3 . Building works
4 . Advances and grants for building works
5 . Repayment of grants by local authority
6 . Housing disposal costs
7 . Computer programs
8 . Expenditure under private finance transactions
Expenditure not to be expenditure for capital purposes
9 . Financial assistance for officers
10 . Expenditure on certain investments

PART III

CHARGE OF EXPENDITURE TO REVENUE ACCOUNTS
11 . Expenditure required to be charged to a revenue account
12 . Expenditure not required to be charged to a revenue account

PART IV

CREDIT ARRANGEMENTS
Preliminary provisions
13 . Interpretation
14 . Capital cost of leases
15 . Consideration to be disregarded
16 . Meaning of private finance transaction
ransactions which are credit arrangements
17 . Private finance transactions
Leases and contracts which are not credit arrangements
18 . Leases and contracts of small value
19 . Leases under which the consideration given mostly in first year
20 . Operating leases
21 . Contracts with residuary bodies
22 . Licensing contracts
23 . Investments made for the purposes of a superannuation fund
24 . Other leases excluded from section 48
25 . Other contracts excluded from section 48
Initial and subsequent cost of leases
26 . Exclusion of leases from section 49(2)
Leases of which the initial cost is nil
27 . Cost of lease at any time
28 . Leases under certain private finance transactions
29 . Lease of land for term not exceeding three years
30 . Lease of dwelling-house for use as accommodation for homeless persons
31 . Lease of land for non-housing purposes
32 . Consecutive leases of land for total term not exceeding ten years
33 . Fire authority leases
34 . National Park authority leases
Other leases
35 . Leases having an initial cost which includes consideration under earlier lease
36 . Leases of other descriptions
37 . Leases under private finance transactions - leases not falling within regulation 28
38 . Reduction in the initial cost of certain leases
39 . Cost at any time of certain leases
Private finance transactions
40 . Transactions for the provision of a capital asset and services
41 . Transactions for the replacement or enhancement of a building and provision of heating services
42 . Transactions for the provision of a building and heating services
Initial and subsequent cost of other credit arrangements
43 . Arrangement for improving the heating or lighting of a building
44 . Arrangement for improving street lighting
45 . Initial cost and cost at any time of arrangements for heating or lighting improvements
Variation of credit arrangements
46 . Variation of arrangements excluded from section 49(2)
47 . The adjusted cost of arrangements - general provision
48 . Leases having an adjusted cost of nil
49 . Variation of lease where initial cost included consideration under earlier lease
50 . Continuation of tenancy under Part II of the Landlord and Tenant Act 1954
51 . Cost of arrangements at any time after variation

PART V

CREDIT APPROVALS
52 . Interpretation
53 . Specified capital grants - all local authorities
54 . Specified capital grants - local authorities in England
55 . Specified capital grants - local authorities in Wales

PART VI

CAPITAL RECEIPTS
Sums to be capital receipts
56 . Transfer of property under the London Government Act 1963
57 . Transfer of property under the Local Government Act 1972
58 . Repayment of money deemed to have been borrowed
59 . Payment made to redeem landlord's share
60 . Disposal of premises transferred to grant-maintained school
Sums not to be capital receipts
61 . Capital receipts not exceeding £6,000
62 . Disposal of investments
63 . Repayment of grants

PART VII

RESERVED PART OF CAPITAL RECEIPTS
Preliminary provisions
64 . Interpretation
65 . Capital receipts of debt-free authorities
Share capital and loan capital
66 . Disposal of share and loan capital
Repayment of grants and other receipts
67 . Grants and advances to housing associations
68 . Payments in respect of transferred property and deemed borrowing
69 . Payments for redemption of landlord's share
70 . Payments in respect of disposal of premises transferred to grant-maintained school
Interests in land and other assets
71 . Assets held for the administration of justice or for the purposes of the police or civil defence
72 . Hostels and lodging houses
73 . Crematoria
74 . Land used for the purposes of education
75 . Agricultural holdings
Special provisions for Wales
76 . Disposal of land held for housing purposes
77 . Disposal of shared ownership leases
78 . Other disposals of dwellings

PART VIII

CAPITAL RECEIPTS TO BE TREATED AS REDUCED
Preliminary provisions
79 . Meaning of authority
80 . Capital value of a lease
81 . Adjusting the amount by which a capital receipt shall be reduced
82 . Capital receipts in relation to a single asset
83 . Notional capital receipts
84 . Nature of disposal of interest in land
85 . Meaning of regeneration project
Disposals of land in aid of regeneration
86 . Capital receipts derived from disposals made to assist regeneration
87 . Disposal of unoccupied dwellings
88 . Disposal of industrial estates
89 . Disposal of docks and harbours etc.
90 . Disposal of leisure facilities
91 . Disposal of shops and offices etc.
92 . Disposal of land for development
93 . Amount of reduction of receipts derived from relevant disposals
Capital receipts in respect of which repayments fall to be made to a public body
94 . Improvement of land out of moneys provided by Parliament
95 . Improvement of land out of moneys provided by the Urban Regeneration Agency or the Welsh Development Agency
Other disposals of interests in land
96 . Disposal of recently acquired interests in land
97 . Land in England - disposal of certain dwellings
98 . Disposal of recently improved land
99 . Disposal and replacement of land or buildings
100 . Disposal of former new town assets
101 . Disposal of former residuary body assets
102 . Disposal of land - compensation for planning decision
103 . Disposal of land - development of land by authority
104 . Disposals of dwellings in exchange for certain flats

PART IX

NOTIONAL CAPITAL RECEIPTS
Preliminary provisions
105 . Interpretation
106 . Notional capital receipts to be treated as reduced
Reserved part of notional capital receipts
107 . Disposal of redundant land in exchange for vacant land
108 . Disposal of land to another local authority
109 . Disposal of land in exchange for nomination rights
110 . Disposal of interest in land in exchange for works on the land
111 . Disposal of land in exchange for right to use the land after enhancement
112 . Disposal of property under a private finance transaction
113 . Disposal of lease in exchange for lessor's promise to forbear
114 . Disposal of assets in exchange for share or loan capital in a company

PART X

THE CREDIT CEILING
Modifications of credit ceiling
115 . Interpretation
116 . Credit ceiling on or after 1st April 1997
117 . Credit ceiling not reduced by certain minimum revenue provision
118 . Credit ceiling increased by use of amount set aside to pay levy on disposals of housing
119 . Credit ceiling not increased by use of amount set aside to meet certain expenditure
120 . Credit ceilings of combined and susperseded fire authorities
121 . Credit ceilings of authorities for National Parks
Excluded credit arrangements
122 . General exclusion for leases of land
123 . Exclusion for private finance transactions

PART XI

THE ADJUSTED CREDIT CEILING
124 . Adjusted credit ceiling
125 . Basis of determination
126 . Amounts set aside - transferred property and deemed borrowing
127 . Amounts set aside - transferred debt of designated councils
128 . Amounts set aside - advances to housing associations
129 . Amounts set aside - interests in a regulated company

PART XII

MINIMUM REVENUE PROVISION
Preliminary provisions
130 . Interpretation
The components of minimum revenue provision
131 . Minimum revenue provision for financial years beginning after 31st March 1997
132 . Percentage of the housing amount and non-housing amount
133 . Percentage of the relevant amount
134 . Outstanding advances from a loans fund
135 . Transferred debt of designated councils
136 . Use of certain credit approvals
137 . Use of amounts set aside to meet liabilities under credit arrangements which had an initial cost of nil
Commutation of periodic payments
138 . Commutation adjustments to minimum revenue provision
The housing amount and non-housing amount
139 . Basis of determination
140 . Housing and non-housing amounts for financial year beginning 1st April 1997
141 . Housing and non-housing amounts for subsequent financial years
142 . General provisions affecting the determination of housing and non-housing amounts
The housing component for subsequent financial years
143 . Determining the housing component
144 . Determining the housing reduction
145 . Determining the housing increase
146 . Increase in housing component where minimum revenue provision in the last year was nil
The non-housing component for subsequent financial years
147 . Determining the non-housing component
148 . Determining the non-housing reduction
149 . Determining the non-housing increase
150 . Increase in non-housing component where minimum revenue provision in the last year was nil
The relevant amount
151 . Relevant amount for financial year beginning 1st April 1997
152 . Relevant amount for subsequent financial years
153 . Adjustment for certain amounts set aside under separate provision

PART XIII

USE OF AMOUNTS SET ASIDE TO MEET CREDIT LIABILITIES
154 . Interpretation
155 . Use of amounts set aside in respect of certain capital receipts
156 . Use of amounts set aside - expenditure for capital purposes
157 . Use of amounts set aside - revenue expenditure
158 . Transfer of amounts set aside
159 . Conditions specified in relation to the transfer of amounts set aside

PART XIV

SUPPLEMENTARY PROVISIONS
160 . Interpretation of Part IV of the Act - references to loans and borrowing
161 . Approved investments
162 . Revocations
163 . Savings

SCHEDULES
  Schedule 1 Use of land for a specified purpose
  Schedule 2 Minimum revenue provision savings and commutation adjustments
  Schedule 3 Subordinate legislation revoked
 
  continue
 
 

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© Crown copyright 1997
Prepared 12 March 1997