http://www.legislation.gov.uk/id/ukpga/1982/30

http://www.legislation.gov.uk/ukpga/1982/30/section/44

Local Government (Miscellaneous Provisions) Act 1982

An Act to make amendments for England and Wales of provisions of that part of the law relating to local authorities or highways which is commonly amended by local Acts; to make provision for the control of sex establishments; to make further provision for the control of refreshment premises and for consultation between local authorities in England and Wales and fire authorities with regard to fire precautions for buildings and caravan sites; to repeal the Theatrical Employers Registration Acts 1925 and 1928; to make further provision as to the enforcement of section 8 of the Public Utilities Street Works Act 1950 and sections 171 and 174 of the Highways Act 1980; to make provision in connection with the computerisation of local land charges registers; to make further provision in connection with the acquisition of land and rights over land by boards constituted in pursuance of section 1 of the Town and Country Planning Act 1971 or reconstituted in pursuance of Schedule 17 to the Local Government Act 1972; to exclude from the definition of “construction or maintenance work” in section 20 of the Local Government, Planning and Land Act 1980 work undertaken by local authorities and development bodies pursuant to certain agreements with the Manpower Services Commission which specify the work to be undertaken and under which the Commission agrees to pay the whole or part of the cost of the work so specified; to define “year” for the purposes of Part III of the said Act of 1980; to amend section 140 of the Local Government Act 1972 and to provide for the insurance by local authorities of persons voluntarily assisting probation committees; to make provision for controlling nuisance and disturbance on educational premises; to amend section 137 of the Local Government Act 1972; to make further provision as to arrangements made by local authorities under the Employment and Training Act 1973; to extend the duration of certain powers to assist industry or employment conferred by local Acts; to make corrections and minor improvements in certain enactments relating to the local administration of health and planning functions; and for connected purposes.

1982-08-01

text

text/xml

Statute Law Database

2024-05-17

Expert Participation

2023-12-26

Part XII Miscellaneous

44 Definition of certain local authority expenditure. C1

In section 137 of the M1Local Government Act 1972 (which gives local authorities power to incur expenditure for certain purposes not otherwise authorised, but limits the expenditure which it authorises)—

a

the following subsections shall be inserted after subsection (2)—

2A
Without prejudice to the generality of subsection (1) above, the power of a local authority to incur expenditure under that subsection includes power to incur expenditure ingiving financial assistance to persons carrying on commercial or industrial undertakings.
2B
Financial assitance under subsection (2A) above may be given by lending or guarantee, or by making grants.

b

the following subsections shall be inserted after subsection (4)—

4A
For the purpose of determining whether a local authority have exceeded the limit set out in subsection (4) above, their expenditure in any financial year under this section shall be taken to be the diferrence between their gross expenditure under this section for that year and the aggregate of the amounts specified in subsection (4B) below.
4B
The amounts mentioned in subsection (4A) above are—
a
any grant paid to the local authority for that year under the Local Government Grants (Social Needs) Act 1969, in so far as the grant is in respect of an activity in relation to which the authority have incurred expenditure in that year under this section ;
b
the amount of any repayment in that year of the principal of a loan for the purpose of financing expenditure under this section in any year ;
c
so mauch of any amount raised by public subscription as is spent in that year for a purpose for which the authority are authorised by this section to incur expenditure ;
d
any grant received by the authority for that year out of the European Regional Development Fund or the Social Fund of the European Economic Community, in so far as the grant is in respect of ana ctivity inrelation to which the authority incurred expenditure under this section ;
e
the amount of any repayment in that year of a loan under this section made by the authority in any year ; and
f
the amount of any expenditure—
i
which is incurred by the authority in that year in circimstances specified in an order made by the Secretary of State ; or
ii
which is incurred by the authority in that year and is of a description so specified ; or
iii
which is defrayed by any grant or other payment to the authority which is made in or in respect of that year and is of a description so specified.

c

in subsection (5), for the words “subsection (4) above” there shall be substituted the words “ this section ”.