Statutory Instrument 2003 No. 43

The Local Authorities (Capital Finance) (Amendment) (England) Regulations 2003

---

© Crown Copyright 2003

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Local Authorities (Capital Finance) (Amendment) (England) Regulations 2003, ISBN 0 11 044621 6. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

" Disposal of land to assist in the provision of affordable housing
     104B.  - (1) For the purposes of this regulation - 


"dwelling" has the extended meaning which it has in regulation 22(1);
"housing land" has the same meaning as in regulation 64;
"provision of affordable housing" means the provision of dwellings to meet the housing needs, as identified by the authority, of persons on low incomes, whether provided by the authority or a social landlord registered under section 1 of the Housing Act 1996[3]; and
"relevant consent" means a consent to a disposal of land given by the Secretary of State to local authorities generally under section 32 or 43 of the Housing Act 1985[4].

    (2) Capital receipts of a description specified in paragraph (3) shall be treated for the purposes only of section 59 as reduced by an amount determined in accordance with paragraph (4).

    (3) For the purposes of paragraph (2), capital receipts derived from a disposal of an interest in housing land are specified if the disposal meets the condition specified in regulation 84 and - 



(a) the authority are a local authority in England;

(b) the disposal is not made under Part V of the Housing Act 1985 (the right to buy), or, with a relevant consent, to a person who, when he acquires that interest, occupies or intends to occupy, the dwelling as his only or principal home;

(c) the disposal is not one to which Schedule 3A to the Housing Act 1985 applies (consultation before disposal to private "Sector" landlord); and

(d) the disposal is not a qualifying disposal for the purposes of section 135 or 136 of the Leasehold Reform, Housing and Urban Development Act 1993[5] (large scale disposals of dwellings).



    (4) For the purposes of paragraph (2), and subject to paragraph (6), the amount of the reduction is the total value, determined by the authority, of the contribution which the authority have made, or have decided to make, towards the costs of the provision of affordable housing by - 



(a) constructing or enhancing dwellings, or providing dwellings by the conversion of a building or part of a building;

(b) making a gift of land;

(c) paying a contribution, grant or subsidy under any power conferred on the authority under any enactment; or

(d) giving consideration for any benefit which the authority have received, or will receive, by virtue of the provision of affordable housing.



    (5) For the purposes of paragraph (4), the authority make a gift of land where they transfer an interest in land and either - 



(a) no consideration falls to be given for the transfer; or

(b) the value of the consideration which falls to be given for the transfer is less than the price which the interest transferred would realise at the date of the valuation if sold by the authority on the open market.



    (6) Where a receipt has previously been treated as reduced under this regulation by an amount determined in accordance with paragraph (4) and referable to a particular item of expenditure or particular programme of future expenditure, no further reduction of a receipt shall be made by reference to that amount.".

Signed by authority of the First Secretary of State


Jeff Rooker
Minister of State Office of the Deputy Prime Minister

13th January 2003

[2] S.I. 1997/319, Regulation 104A was inserted by S.I. 1999/501; there are other amendments not relevant to these Regulations.back

[3] 1996 c. 52.back

[4] 1985 c. 68. Sections 32 and 43 were amended by the Housing Act 1988 (c. 50), section 140(1) and Schedule 17(38) and (39); the Housing Act 1996 section 227 and Schedule 19. Section 43 was also amended by the Housing Act 1988 (c. 50) section 132(1), (2) and (8), by the Local Government and Housing Act 1989 section 194(2) and Schedule 12, and by S.I. 1997/74. Schedule 3A was inserted by the Housing and Planning Act 1986 (c. 63) section 6(2), (3) and Schedule 1 and amended by S.I. 1997/74.back

[5] 1993 c. 23. Section 135 was amended by the Housing Act 1996, section 123 and Schedule 13 and by S.I. 1996/2325 and 1997/74.back