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Local Government Act 1985

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Point in time view as at 28/01/2016.

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Part VIIIE+W Financial Provisions

New authoritiesE+W

F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1S. 68 repealed (21.8.1991) by S.I. 1991/1730, art. 2(1).

F269 Block grant.E+W

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Textual Amendments

70, 71.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W

72 Accounts and audit.E+W

(1)Each new authority shall keep a fund to be known as the general fund; and all receipts of the authority shall be carried to that fund and all liabilities falling to be discharged by the authority shall be discharged out of that fund.

(2)Accounts shall be kept of receipts carried to, and payments made out of, the general fund.

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Nothing in subsection (1) above shall be construed as requiring or authorising an authority to apply or dispose of the surplus revenue arising from any undertaking carried on by it otherwise than in accordance with any enactment or instrument applicable to the undertaking.

F5[(5)[F6Any reference in this section to a new authority includes a reference to the London Fire and Emergency Planning Authority [F7and a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.]]]

[F6Any reference in this section to a new authority includes a reference to—

(a)the London Fire and Emergency Planning Authority;

(b)a sub-national transport body established under section 102E of the Local Transport Act 2008;

(c)a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.]

Textual Amendments

F4S. 72(3) repealed (11.9.1988) by 1998 c.18, ss. 54(3), 55(2), Sch. 5

F6S. 72(5) substituted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 7

Modifications etc. (not altering text)

C1S. 72(1)(2)(4) amended by S.I. 1985/1884, art. 9(1)

C2S. 72(1)(2)(4) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(g)

73 Financial administration.E+W

[F8(1)] Each new authority shall make arrangements for the proper administration of its financial affairs and shall secure that one of its officers has responsibility for the administration of those affairs.

[F9(2)The reference in this section to a new authority includes a reference to [F10

(a)a sub-national transport body established under section 102E of the Local Transport Act 2008;

(b)]a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.]

Textual Amendments

F10Words in s. 73(2) inserted (28.1.2016 for specified purposes) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 8

Modifications etc. (not altering text)

C3S. 73 amended by S.I. 1985/1884, art. 9(1)

C5S. 73 modified by S.I. 1989/1815, art. 2(2), Sch. 1 para. 9 (as inserted by S.I. 1990/198, art. 2)

Residuary bodiesE+W

F1174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F11S. 74 repealed (21.8.1991) by S.I. 1991/1730, art. 2(1).

75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W

77 Treatment and distribution of capital and other money.E+W

(1)The Secretary of State may by order provide—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(b)for the payment by a residuary body to [F15any authority to which this subsection applies] of such part (if any) of any capital money received by that body as is specified in the order.

(2)Subsection (1) above applies to any [F16billing authority] in the area for which the residuary body in question is established and to any new authority established for (or for an area which includes or is included in) that area.

(3)An order under subsection (1) above may—

(a)apply only to capital money of a particular description or make different provision in relation to capital money of different descriptions;

(b)apply only to some of the authorities to which that subsection applies or make different provision in relation to different authorities; . . . F17

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(4)A residuary body may in any financial year distribute among [F16the billing authorities] in the area for which it is established any money (other than capital money) for the time being in the hands of that body; and any such distribution shall be in the same proportions as those that would apply to a levy made by it on those authorities in respect of that year.

(5)In this section “capital money” means money of such description as may be specified for the purposes of this section by an order made by the Secretary of State [F16and references in this section to a billing authority shall be construed as references to an authority, other than the Council of the Isles of Scilly, which is a billing authority for the purposes of Part I of the Local Government Finance Act 1992.].

Textual Amendments

F15Words substituted by S.I. 1990/776, art. 8, Sch. 3 para. 26

F16Words in s. 77(2)(4)(5) substituted (1.4.1993) by S.I. 1993/616, art. 3, Sch. 2 Pt. I para. 5.

F17S. 77(3)(c) and word immediately preceding it repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

Modifications etc. (not altering text)

C6S. 77 amended by S.I. 1985/1884, art. 9(1)

F1878 Accounts.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18S. 78 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

F1979 Audit.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C9S. 79: certain functions transferred by S.I 1991/517, arts. 2(d), 3(a)

C10S. 79: certain functions transferred by S.I. 1989/814, art. 11(a)

C11S. 79: certain functions transferred by S.I. 1989/1359, reg. 11(a)

C12S. 79: certain functions transferred by S.I. 1989/2470, art. 12(a)

Transitional provisionsE+W

F2080 Transitional provisions relating to block grant and expenditure levels.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2181 Transitional functions of residuary bodies in respect of block grant.E+W

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Textual Amendments

F21S. 81 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

F2282 Transitional provisions for interim authorities.E+W

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Textual Amendments

London rate equalisationE+W

F2383 London rate equalisation schemes.E+W

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Textual Amendments

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