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| Revenue grants between Authority and functional bodies. |
121. - (1) The Authority may pay grants towards meeting expenditure, other than expenditure for capital purposes, incurred or to be incurred by a functional body for the purposes of, or in connection with, the discharge of the functions of that body.
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(2) A functional body may, with the consent of the Mayor, pay a grant towards meeting expenditure, other than expenditure for capital purposes, incurred or to be incurred by another functional body, or by the Authority, for the purposes of, or in connection with, the discharge of the functions of the body to which the grant is made.
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(3) A grant under this section must not be made subject to any limitation in respect of the expenditure which it may be applied towards meeting (other than that the expenditure must not be expenditure for capital purposes).
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(4) A grant under this section must be applied by the recipient body solely towards meeting expenditure incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions, other than expenditure for capital purposes.
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The Mayor's capital spending plan |
| Form and contents. |
122. - (1) The Mayor shall, in accordance with the following provisions of this section and sections 123 and 124 below, prepare for each financial year a capital spending plan for the functional bodies.
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(2) A capital spending plan shall consist of the sections described in subsections (3) to (6) below.
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(3) Section A of a capital spending plan shall consist of a statement for each functional body of the Mayor's estimates of the following amounts-
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(a) the total amount of capital grants likely to be paid to the body during the year by any person other than the Authority; |
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(b) the amount, at the beginning of the year, of the usable part of the body's capital receipts; and |
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(c) the amount by which the usable part of the body's capital receipts is likely to be increased by capital receipts which it appears to the Mayor the functional body might reasonably be expected to receive, or is likely to receive, during the year. |
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(4) Section B of a capital spending plan shall consist of a statement for each functional body of the following amounts-
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(a) if the Mayor has decided a minimum amount of grant which the Authority is to pay to the body for the year under section 120(1) above, that minimum amount; |
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(b) the total amount of category A amounts specified for the body in the aggregate credit approval for the year; |
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(c) the total amount of category B amounts specified for the body in the aggregate credit approval for the year; and |
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(d) each amount which the Mayor has decided to allocate to the body out of the category C and D amounts specified in the aggregate credit approval for the year (together with a statement of the purposes for which the amount is allocated). |
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(5) Section C of a capital spending plan shall consist of a statement for each functional body of the total of the following amounts-
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(a) the total amount of expenditure for capital purposes which the Mayor expects the body to incur during the year; and |
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(b) the total amount of credit cover which the Mayor expects the body to have available under sections 50(2) and 51(4) of the Local Government and Housing Act 1989 with respect to credit arrangements entered into or varied during the year; |
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and in this section the total of those amounts is referred to as the body's "total capital spending" for the year.
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(6) Section D of a capital spending plan shall consist of an analysis of each functional body's total capital spending for the year showing-
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(a) the amount which the Mayor expects the body to meet out of capital grants; |
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(b) the amount which he expects the body to meet out of the usable part of its capital receipts; |
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(c) the amount which he expects the body to meet by using the aggregate credit approval for the year; |
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(d) the amount which he expects the body to meet by making a charge to a revenue account. |
| Preparation. |
123. - (1) After the Secretary of State has issued the aggregate credit approval for a financial year, the Mayor shall prepare a draft of the capital spending plan for the year.
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(2) Before 15th January in the financial year preceding that to which the capital spending plan relates, the Mayor shall-
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(a) send a copy of the draft to the Assembly and to each functional body; and |
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(b) invite them to submit their comments on the draft to him in writing within 21 days. |
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(3) Before finally determining the contents of the capital spending plan, the Mayor shall consider any comments submitted in accordance with the invitation under subsection (2)(b) above and make such revisions of the draft as he thinks fit, having regard to those comments.
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(4) Before 28th February in the financial year preceding that to which the capital spending plan relates, the Mayor shall-
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(a) send the plan to the Secretary of State; and |
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(b) send a copy of the plan to the Assembly and to each functional body. |
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(5) A copy of the capital spending plan shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
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(6) A copy of the capital spending plan, or any part of it, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
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(7) In this section "the appropriate period" in the case of a capital spending plan is the period of six years beginning with the date of publication of that plan pursuant to this section.
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Supplementary provisions |
| Admissible factors in preparing capital spending plan etc. |
124. - (1) In preparing a capital spending plan for any financial year, the Mayor may take account of such factors as appear to him to be appropriate.
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(2) The reference in subsection (1) above to preparing a capital spending plan for a financial year includes a reference to deciding, in the case of each of the functional bodies,-
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(a) the minimum amount of grant which the Authority is to pay to the body for the year under section 120 above; and |
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(b) the amounts to be allocated to the body out of the category C and D amounts specified in the aggregate credit approval for the year. |
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(3) Without prejudice to the generality of subsection (1) above, the Mayor may in particular take account of-
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(a) the capital spending plans for such financial years which have ended as he may determine; and |
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(b) the amounts of each functional body's total capital spending specified in section C of each of those plans which have been met as described in each of the paragraphs of subsection (4) below. |
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(4) Those amounts are-
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(a) the amount met out of capital grants made to the body; |
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(b) the amount met out of the usable part of the body's capital receipts; |
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(c) the amount met by using the aggregate credit approval or any additional credit approvals; |
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(d) the amount met by making a charge to a revenue account. |
| Information. |
125. - (1) The Mayor may serve on a functional body a notice requiring the body to supply to him such information as is specified in the notice and required by him for the purpose of deciding whether to exercise his powers, and how to perform his functions, under this Chapter.
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(2) If the information specified in a notice under this section is in the possession or under the control of the functional body on which the notice is served, the body shall supply the information required in such form and manner, and at such time, as is specified in the notice and, if the notice so requires, the information shall be certified (according as is specified in the notice) in one or both of the following ways-
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(a) by the chief finance officer of the body, within the meaning of section 127 below, or by such other person as may be specified in the notice; and |
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(b) under arrangements made by the Audit Commission for Local Authorities and the National Health Service in England and Wales. |
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(3) If a functional body fails to comply with subsection (2) above, the Mayor may decide-
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(a) whether to exercise his powers, and how to perform his functions, under this Chapter, or |
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(b) whether the body has acted, or is likely to act, in accordance with this Chapter, |
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on the basis of such assumptions and estimates as he thinks fit.
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(4) In deciding-
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(a) whether to exercise his powers, and how to perform his functions, under this Chapter, or |
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(b) whether a functional body has acted, or is likely to act, in accordance with this Chapter, |
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the Mayor may also take into account any other information available to him, whatever its source and whether or not obtained under a provision contained in or made under this or any other enactment.
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| Interpretation of this Chapter. |
126. - (1) In this Chapter, unless the context otherwise requires-
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"additional credit approval" shall be construed in accordance with section 114 above; |
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"aggregate credit approval" shall be construed in accordance with section 113 above; |
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"capital receipts" has the same meaning as in Part IV of the Local Government and Housing Act 1989 (see section 58 of that Act); |
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"capital spending plan" means a capital spending plan under section 122 above; |
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"category", denoted by a following capital letter and used in relation to an amount, shall be construed in accordance with section 113(5) above; |
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"expenditure for capital purposes" has the same meaning as in Part IV of the Local Government and Housing Act 1989 (see section 40 of that Act); |
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"notice", in relation to an allocation from a category C or D amount, shall be construed in accordance with section 115(3) above; |
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"the usable part", in relation to capital receipts, has the same meaning as in Part IV of the Local Government and Housing Act 1989 (see section 60 of that Act); |
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"use", in relation to an aggregate credit approval or an additional credit approval, shall be construed in accordance with section 118(4) above. |
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(2) References in this Chapter to credit arrangements, or to entering into credit arrangements, shall be construed in accordance with Part IV of the Local Government and Housing Act 1989 (see section 48 of that Act).
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