Public Works Loans Act 1965

1965 CHAPTER 63

An Act to make further provision with respect to loans out of the Local Loans Fund; and for connected purposes.

[5th August 1965]

Commencement Information

I1 Act partly in force at Royal Assent; Act wholly in force at 5.11.1965 see s. 4(4)

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 S. 1 repealed by National Loans Act 1969 (c. 13), Sch. 6 Pt. II

2 New form of local loan and automatic charge for securing it. E+W+S

(1) The [F2 Treasury] may, without first taking security under section 12 of the M1 Public Works Loans Act 1875, enter into an agreement for [F3 making a local loan to a relevant authority under section 3 of the National Loans Act 1968]; and in this section “relevant authority” means—

(a) in relation to England and Wales,

[F4 (i) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

[F5 (ia) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;]

(ii) a levying body within the meaning of section 74 of [F6 the Local Government Finance Act 1988 ] ; F7 . . .

(iii) a body as regards which section 75 of that Act applies [F8 and] F9 [F10 . . . ]]

(iv) a functional body, within the meaning of the Greater London Authority Act 1999 F11 ...

F11 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (b) in Scotland—

(i) any local authority within the meaning of the M2 Local Government (Scotland) Act 1973,

(ii) any joint board or joint committee within the meaning of that Act, and

(iii) any other authority having the power to requisition any sum from any such local authority.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(3) Where the [F14 Treasury] make an agreement to which this section applies with a relevant authority other than one authorised to borrow money under [F15 [F16 section 1 of [F17 or paragraph 2 of Schedule 1 to,] the Local Government Act 2003] (borrowing powers)] or [F18 Schedule 3 to the M3 Local Government (Scotland) Act 1975] then, so long as any part of the principal of and interest on the loan remains outstanding, the loan shall be a charge on all the revenues of the authority (including any grants or contributions from the Exchequer which are receivable by the authority).

(4) A charge imposed on an authority’s revenues by the last foregoing subsection shall, subject to any provision to the contrary applicable to the charge which has been made by or under any enactment, rank equally with any other charges on those revenues.

(5) The enactments specified in the Schedule to this Act shall have effect subject to the adaptations and modifications set out in that Schedule, being adaptations and modifications consequential on the foregoing provisions of this section; and in that Schedule “automatic charge” means a charge imposed, for securing a loan made in pursuance of an agreement to which this section applies, by [F19 [F20 section 13 of the Local Government Act 2003] (security for money borrowed)] by [F21 paragraph 8 of Schedule 3 to the said Act of 1975] or by subsection (3) of this section.

Textual Amendments

F2 Word in s. 2(1) substituted (25.2.2020) by The Public Bodies (Abolition of Public Works Loan Commissioners) Order 2020 (S.I. 2020/176), art. 1(2), Sch. 1 para. 61(2)(a) (with art. 9)

F3 Words in s. 2(1) substituted (25.2.2020) by The Public Bodies (Abolition of Public Works Loan Commissioners) Order 2020 (S.I. 2020/176), art. 1(2), Sch. 1 para. 61(2)(b) (with art. 9)

F4 S. 2(1)(a)(i)–(iii) substituted (E.W.) for words by S.I. 1990/776, art. 8, Sch. 3 para. 10

F5 S. 2(1)(a)(ia) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 21(2); S.I. 2004/2304, art. 2; S.I. 2004/2197, art. 2

F6 Words in s. 2(1)(a)(ii) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 21(3); S.I. 2004/2304, art. 2; S.I. 2004/2197, art. 2

F7 Word in s. 2(1)(a) repealed (3.7.2000) by 1999 c. 29, ss. 139(2), 423, Sch. 34 Pt. I (with Sch. 12 para.9(1); S.I 1999/3434, art. 4, Sch. 2 Table 2

F8 Word in s. 2(1)(a)(iii) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 125(a); S.I. 2005/910, art. 3(y)

F9 Word in s. 2(1)(a) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(i)

F10 S. 2(1)(a)(iv) and word “and” immediately preceding added (3.7.2000) by 1999 c. 29, s. 139(2) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 4, Sch. 2 Table 2

F11 S. 2(1)(a)(v) and preceding word repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 125(b), Sch. 10; S.I. 2005/910, art. 3(y)

F12 S. 2(1)(b)(i)–(iii) substituted (S.) for s. 2(1)(b) by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), ss. 2, 6, Sch. 1 Pt. III para 22

F13 S. 2(2) repealed (E.W.) by Local Government Act 1972 (c. 70), Sch 30 and (S.) by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F14 Word in s. 2(3) substituted (25.2.2020) by The Public Bodies (Abolition of Public Works Loan Commissioners) Order 2020 (S.I. 2020/176), art. 1(2), Sch. 1 para. 61(3) (with art. 9)

F15 Words substituted by virtue of Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(1), 195(2), Sch. 11 para. 6(a) (subject to a saving in S.I. 1990/431, Sch. 1 para. 1(c)

F16 Words in s. 2(3) substituted (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004, 1.4.2004 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 2(a); S.I. 2003/2938, art. 7(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F17 Words in s. 2(3) inserted (1.4.2004) by The Local Authorities (Capital Finance) (Consequential, Transitional and Saving Provisions) Order 2004 (S.I. 2004/533), arts. 1, 7(4)

F18 Words substituted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 30(b)

F19 Words substituted by virtue of Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(1), 195(2), Sch. 11 para. 6(b) (subject to a saving in S.I. 1990/431, Sch. 1 para. 1(c)

F20 Words in s. 2(5) substituted (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004, 1.4.2004 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 2(b); S.I. 2003/2938, art. 7(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F21 Words substituted by Local Government (Scotland) Act 1975 (c. 30), s. 38(1), Sch. 6 Pt. II para. 30(c)

Modifications etc. (not altering text)

C1 S. 2 extended by Public Works Loans Act 1967 (c. 61), s. 2(1), (E.W.) Local Government Act 1972 (c. 70), Sch. 13 Pt. I para. 2(1)(f) and (S.) Local Government (Scotland) Act 1975 (c. 30), Sch. 3 para. 2(1)(f)

S. 2 applied (S.)(temp. 14.11.1995 to 31.3.1996) by S.I. 1995/2766, art. 2(1)

C2 S. 2(3) restricted by Public Works Loans Act 1967 (c. 61), s. 2(2)

C3 S. 2(5) modified by Public Works Loans Act 1967 (c. 61), s. 2(2)(b)

Marginal Citations

M1 1875 c. 89.

M2 1973 c. 65.

M3 1975 c. 30.

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 E+W+S

Textual Amendments

F22 S. 3 repealed by Finance Act 1967 (c. 54), Sch. 16 Pt. VII

4 Short title, interpretation, extent and commencement. E+W+S

(1) This Act may be cited as the Public Works Loans Act 1965.

(2) In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including this Act.

(3) This Act shall not extend to Northern Ireland.

(4) This Act, except section 1, shall come into operation on the expiration of the period of three months beginning with the passing thereof.

Section 2(5).

SCHEDULE E+W+S Adaptations and Modifications of Enactments

Commissioners Clauses Act 1847(10 & 11 Vict. c. 16) E+W+S

1 E+W Sections 75 and 81, as incorporated with [F23 any enactment] applicable to a relevant authority within the meaning of section 2 of this Act, shall not apply to an automatic charge.

Textual Amendments

F23 Sch. para. 1: Words in Sch. 1 para. 1 expressed to be substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 15(a)

1 S Sections 75 and 81, as incorporated with [F29 section 87 of the M4 Land Drainage Act 1976] or with any other enactment applicable to a relevant authority within the meaning of section 2 of this Act, shall not apply to an automatic charge.

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F29 Words substituted by Land Drainage Act 1976 (c. 70), Sch. 7 para. 6

Marginal Citations

M4 1976 c. 70.

2 E+W In section 82, as so incorporated [F24 or as incorporated with section 55 of the Land Drainage Act 1991], the reference to a mortgage deed shall be construed as including a reference to an agreement to which section 2 of this Act applies.

Textual Amendments

F24 Sch. para. 2: Words in Sch. 1 para. 2 expressed to be inserted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 15(b)

2 S In section 82, as so incorporated, the reference to a mortgage deed shall be construed as including a reference to an agreement to which section 2 of this Act applies.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Public Works Loans Act 1875(38 & 39 Vict. c. 89) E+W+S

3 E+W+S In the following provisions, that is to say, sections 8 . . . F25 any reference to that Act shall include a reference to section 2 of this Act.

Textual Amendments

F25 Words repealed by Public Works Loans Act 1967 (c. 61), s. 2(3)

4 E+W+S In section 11 the reference to such security as is required by that Act shall be construed as including a reference to any automatic charge.

5 E+W+S Section 12 shall not apply to a loan secured by an automatic charge.

6 E+W+S Section 19 shall, in relation to an automatic charge, have effect as if any reference to the date of the mortgage included a reference to the date of the making of the relevant agreement and as if any reference to interest mentioned in the mortgage included a reference to interest mentioned in the agreement.

7 E+W+S In section 38 the reference to any security previously given to the [F26 Treasury], and in sections 46 and 50 any reference to a security made or granted under that Act, shall include a reference to an automatic charge in their favour.

Textual Amendments

F26 Word in Sch. para. 7 substituted (25.2.2020) by The Public Bodies (Abolition of Public Works Loan Commissioners) Order 2020 (S.I. 2020/176), art. 1(2), Sch. 1 para. 62 (with art. 9)

8, 9. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F27 Sch. paras. 8, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30

10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Textual Amendments

F28 Sch. para. 10 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7