|
| |
| |
30 Authorisation of agreements during the prohibition period | |
(1) In section 115 of the Local Government Finance Act 1988 (c. 41) (which sets out | |
the consequences for a relevant authority of the receipt of a report made by its | |
chief finance officer under section 114(3)), in subsection (6) (which prevents an | |
authority that has received such a report from entering into certain agreements | 5 |
during the prohibition period), at the end there is inserted “unless the chief | |
finance officer of the authority authorises it to do so”. | |
(2) After that subsection there is inserted— | |
“(6A) The chief finance officer may only give authority for the purposes of | |
subsection (6) above if he considers that the agreement concerned is | 10 |
likely to— | |
(a) prevent the situation that led him to make the report from | |
getting worse, | |
(b) improve the situation, or | |
(c) prevent the situation from recurring. | 15 |
(6B) Authority for the purposes of subsection (6) above shall— | |
(a) be in writing, | |
(b) identify the ground on which it is given, and | |
(c) explain the chief finance officer’s reasons for thinking that the | |
ground applies.” | 20 |
(3) In subsection (14) of that section (which defines certain terms used in that | |
section), after the definition of “the Assembly”, there is inserted— | |
““chief finance officer” has the same meaning as in section 114;”. | |
Part 3 | |
Grants etc | 25 |
Chapter 1 | |
Expenditure grant | |
31 Power to pay grant | |
(1) A Minister of the Crown may pay a grant to a local authority towards expenditure | |
incurred or to be incurred by it. | 30 |
(2) The amount of a grant under this section and the manner of its payment are to | |
be such as the Minister of the Crown concerned may determine. | |
(3) A grant under this section may be paid on such conditions as the Minister of | |
the Crown concerned may determine. | |
(4) Conditions under subsection (3) may, in particular, include— | 35 |
(a) provision as to the use of the grant; | |
(b) provision as to circumstances in which the whole or part of the grant | |
must be repaid. | |
(5) In the case of a grant to a local authority in England, the powers under this | |
section are exercisable with the consent of the Treasury. | 40 |
| |
| |
|
| |
| |
32 Ancillary powers | |
(1) A local authority must supply a Minister of the Crown with such information | |
as he may require for the purposes of section 31. | |
(2) A Minister of the Crown may in connection with that section require a local | |
authority to formulate policies in relation to any matter. | 5 |
(3) In this section, “local authority” includes a functional body. | |
33 Application to Greater London Authority | |
(1) For the purposes of section 31, expenditure of a functional body shall be treated | |
as expenditure of the Greater London Authority. | |
(2) The conditions on which grant under section 31 may be paid include, in the | 10 |
case of a grant to the Greater London Authority, a condition requiring the | |
Mayor to transfer the grant to a functional body. | |
(3) A decision to pay a grant under section 31 subject to such a condition as is | |
mentioned in subsection (2) above shall be notified to to the functional body | |
concerned as well as to the Greater London Authority. | 15 |
(4) Where a grant paid under section 31 to the Greater London Authority is paid | |
subject to such a condition as is mentioned in subsection (2) above, the Mayor | |
must transfer the grant to the functional body concerned forthwith. | |
(5) Where a grant paid under section 31 to the Greater London Authority is not | |
paid subject to such a condition as is mentioned in subsection (2) above, the | 20 |
Mayor may transfer the grant to a functional body. | |
(6) Where grant under section 31 is transferred under this section to a functional | |
body, any conditions to which the grant is subject shall apply to the transferee | |
instead of the transferor. | |
(7) In this section, “Mayor” means Mayor of London. | 25 |
34 Wales | |
In the application of this Chapter to local authorities in Wales, references to a | |
Minister of the Crown include the National Assembly for Wales. | |
35 Interpretation of Chapter 1 | |
(1) The following are local authorities for the purposes of this Chapter— | 30 |
(a) a county council; | |
(b) a county borough council; | |
(c) a district council; | |
(d) the Greater London Authority; | |
(e) a London borough council; | 35 |
(f) the Common Council of the City of London, in its capacity as a local | |
authority, police authority or port health authority; | |
(g) the Council of the Isles of Scilly; | |
(h) the Greater London Magistrates’ Courts Authority; | |
(i) an authority established under section 10 of the Local Government Act | 40 |
1985 (c. 51) (waste disposal authorities); | |
| |
| |
|
| |
| |
(j) a joint authority established by Part 4 of that Act (fire services, civil | |
defence and transport); | |
(k) a joint planning board constituted for an area in Wales outside a | |
National Park by an order under section 2(1B) of the Town and Country | |
Planning Act 1990 (c. 8); | 5 |
(l) a fire authority constituted by a combination scheme; | |
(m) a police authority established under section 3 of the Police Act 1996 | |
(c. 16). | |
(2) In this Chapter— | |
“functional body” has the same meaning as in the Greater London | 10 |
Authority Act 1999 (c. 29); | |
“Minister of the Crown” has the same meaning as in the Ministers of the | |
Crown Act 1975 (c. 26). | |
Chapter 2 | |
Other grants etc | 15 |
36 Best value grant: parishes | |
(1) The following are best value authorities for the purposes of this section— | |
(a) a parish council subject to any of the duties in sections 3 to 6 of the Local | |
Government Act 1999 (c. 27) (best value duties), and | |
(b) a parish meeting subject to any of those duties. | 20 |
(2) For each financial year, the Secretary of State may, with the consent of the | |
Treasury, pay grants in accordance with this section to best value authorities | |
towards expenditure incurred or to be incurred by them in connection with | |
any of the requirements of Part 1 of the Local Government Act 1999 (best | |
value). | 25 |
(3) The power under subsection (2) shall be exercisable by the making of a | |
determination stating in relation to each best value authority the amount of | |
grant, if any, which the Secretary of State intends to make to it for each year to | |
which the determination relates. | |
(4) A determination under this section may include provision for grant paid | 30 |
pursuant to the determination to be subject to specified conditions. | |
(5) The conditions which may be included under subsection (4) shall be such as the | |
Secretary of State thinks fit and may, in particular, make provision about— | |
(a) the supply of information, | |
(b) the use of grant, or | 35 |
(c) the repayment of grant in specified circumstances. | |
(6) A determination under this section— | |
(a) may make different provision for different cases or areas; | |
(b) may be made before, during or after the end of a financial year to which | |
it relates; | 40 |
(c) may be revoked or varied by a subsequent determination. | |
(7) The power under subsection (6)(a) includes, in particular, the power to make | |
different provision for different best value authorities or descriptions of | |
| |
| |
|
| |
| |
(7) authority (including descriptions framed by reference to authorities in | |
particular areas). | |
(8) Grant due to a best value authority in accordance with a determination under | |
this section shall be payable at such time, or in such instalments and at such | |
times, as the Secretary of State may think fit. | 5 |
(9) A grant made under this section to a parish meeting shall be paid to the parish | |
trustees for the parish in question. | |
37 Best value grant: communities | |
(1) For the purposes of this section a best value authority is a community council | |
subject to any of the duties in sections 3 to 6 of the Local Government Act 1999 | 10 |
(c. 27). | |
(2) For each financial year, the National Assembly for Wales may pay grants in | |
accordance with this section to best value authorities towards expenditure | |
incurred or to be incurred by them in connection with any of the requirements | |
of Part 1 of the Local Government Act 1999. | 15 |
(3) The power under subsection (2) shall be exercisable by the making of a | |
determination stating in relation to each best value authority the amount of | |
grant, if any, which the Assembly intends to make to it for each year to which | |
the determination relates. | |
(4) A determination under this section may include provision for grant paid | 20 |
pursuant to the determination to be subject to specified conditions. | |
(5) The conditions which may be included under subsection (4) shall be such as the | |
Assembly thinks fit and may, in particular, make provision about— | |
(a) the supply of information, | |
(b) the use of grant, or | 25 |
(c) the repayment of grant in specified circumstances. | |
(6) A determination under this section— | |
(a) may make different provision for different cases or areas; | |
(b) may be made before, during or after the end of a financial year to which | |
it relates; | 30 |
(c) may be revoked or varied by a subsequent determination. | |
(7) The power under subsection (6)(a) includes, in particular, the power to make | |
different provision for different best value authorities or descriptions of | |
authority (including descriptions framed by reference to authorities in | |
particular areas). | 35 |
(8) Grant due to a best value authority in accordance with a determination under | |
this section shall be payable at such time, or in such instalments and at such | |
times, as the Assembly may think fit. | |
38 Grants in connection with designation for service excellence | |
(1) The appropriate person may pay any of the following to a best value authority | 40 |
subject to any of the duties in sections 3 to 6 of the Local Government Act 1999 | |
(best value duties)— | |
| |
| |
|
| |
| |
(a) a grant towards expenditure incurred by the authority in applying for | |
the award of a designation based on excellence in the provision of | |
services, and | |
(b) where the authority is awarded such a designation— | |
(i) a grant as a reward for being awarded such a designation, and | 5 |
(ii) a grant towards expenditure incurred or to be incurred by the | |
authority in disseminating information about best practices. | |
(2) The amount of a grant under this section and the manner of its payment are to | |
be such as the appropriate person may determine. | |
(3) A grant under this section may be paid on such conditions as the appropriate | 10 |
person may determine as to the circumstances in which the whole or any part | |
of the grant must be repaid. | |
39 Emergency financial assistance to combined fire authorities | |
In section 155 of the Local Government and Housing Act 1989 (c. 42) | |
(emergency financial assistance to local authorities), in subsection (4) | 15 |
(authorities that are local authorities for the purposes of that section), after | |
paragraph (g) there is inserted “; or | |
(h) a fire authority in England and Wales constituted by a | |
combination scheme under the Fire Services Act 1947.” | |
| 20 |
40 Loans by Public Works Loan Commissioners | |
(1) The Secretary of State may, if he thinks it appropriate, make payments to the | |
Public Works Loan Commissioners so as to reduce or extinguish such debt | |
(whether then due or not) of a local authority in England to those | |
Commissioners as he thinks fit. | 25 |
(2) The National Assembly for Wales may, if it thinks it appropriate, make | |
payments to the Public Works Loan Commissioners so as to reduce or | |
extinguish such debt (whether then due or not) of a local authority in Wales to | |
those Commissioners as the Assembly thinks fit. | |
(3) The amount— | 30 |
(a) required to extinguish a debt, or | |
(b) by which a payment reduces a debt, | |
shall be such as may be determined by the Commissioners. | |
(4) The Commissioners may refuse to accept a payment which the Secretary of | |
State or the National Assembly for Wales proposes to make to them under this | 35 |
section. | |
(5) In this section “local authority” means— | |
(a) in relation to England— | |
(i) a district council, | |
(ii) a county council that is the council for a county in which there | 40 |
are no district councils, | |
(iii) a London borough council, | |
(iv) the Common Council of the City of London, or | |
(v) the Council of the Isles of Scilly; and | |
| |
| |
|
| |
| |
(b) in relation to Wales, a county council or a county borough council. | |
41 Payments towards local authority indebtedness | |
(1) The Secretary of State may, if he thinks it appropriate, make payments to a local | |
authority in England for application by the authority in reducing or | |
extinguishing such debt (whether then due or not) of the authority as he thinks | 5 |
fit. | |
(2) The National Assembly for Wales may, if it thinks it appropriate, make | |
payments to a local authority in Wales for application by the authority in | |
reducing or extinguishing such debt (whether then due or not) of the authority | |
as the Assembly thinks fit. | 10 |
(3) The person making payments to a local authority under this section may | |
specify how the payments are to be applied by the authority and may in | |
particular specify— | |
(a) the debt or debts to be extinguished, or | |
(b) the debt or debts to be reduced. | 15 |
(4) A payment under this section may be made subject to conditions imposed by | |
the person making the payment. | |
(5) The conditions that may be imposed under subsection (4) include (in | |
particular) conditions relating to the repayment in specified circumstances of | |
all or part of the payment. | 20 |
(6) Payments made to a local authority under this section may not be applied in | |
reducing or extinguishing any debt of the authority to the Public Works Loan | |
Commissioners. | |
(7) In this section “local authority” means— | |
(a) in relation to England— | 25 |
(i) a district council, | |
(ii) a county council that is the council for a county in which there | |
are no district councils, | |
(iii) a London borough council, | |
(iv) the Common Council of the City of London, or | 30 |
(v) the Council of the Isles of Scilly; and | |
(b) in relation to Wales, a county council or a county borough council. | |
42 Local government finance reports: Wales | |
(1) Schedule 2 (which makes provision for enabling the National Assembly for | |
Wales to make two local government finance reports for a year, one dealing | 35 |
with police authorities and one dealing with other authorities and bodies) has | |
effect. | |
(2) This section applies in relation to the financial year beginning on 1st April 2004 | |
and subsequent financial years. | |
| |
| |
|
| |
| |
Part 4 | |
Business improvement districts | |
BID arrangements | |
43 Arrangements with respect to business improvement districts | |
(1) A billing authority may in accordance with this Part make arrangements (“BID | 5 |
arrangements”) with respect to an area (a “business improvement district”) | |
comprising all or part of the area of the authority. | |
(2) The purpose of BID arrangements is to enable— | |
(a) the projects specified in the arrangements to be carried out for the | |
benefit of the business improvement district or those who live, work or | 10 |
carry on any activity in the district, and | |
(b) those projects to be financed (in whole or in part) by a levy (“BID levy”) | |
imposed on the non-domestic ratepayers, or a class of such ratepayers, | |
in the district. | |
44 Joint arrangements | 15 |
(1) The Secretary of State may by regulations make provision for or in connection | |
with enabling two or more billing authorities to make BID arrangements with | |
respect to a business improvement district comprising all or part of the area of | |
each of the authorities. | |
(2) The provision which may be made by regulations under this section includes | 20 |
provision which modifies any provision made by or under this Part in its | |
application to such arrangements. | |
45 Additional contributions and action | |
(1) The persons specified in subsection (2) may make financial contributions or | |
take action for the purpose of enabling the projects specified in BID | 25 |
arrangements to be carried out. | |
(2) Those persons are— | |
(a) the billing authority which has made the arrangements, | |
(b) a county council or parish council any part of whose area falls within | |
the business improvement district, and | 30 |
(c) any other person authorised or required to do so in accordance with the | |
arrangements. | |
46 Duty to comply with arrangements | |
Where BID arrangements are in force, the billing authority which made the | |
arrangements must comply with them. | 35 |
| |
| |
|
