Modifications etc. (not altering text)
C1Pt. III (ss. 5-23): power to apply conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (d)(i); S.I. 1997/1930, art. 3(2)(m)
C2Pt. III (ss. 5-23) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 8(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
(1)Where a local authority or development body undertake construction or maintenance work which is functional work by virtue of paragraph (b) of section 8(1) above, they shall be entitled notwithstanding anything in any enactment or in the arrangements or agreement referred to in that paragraph, to a payment in respect of undertaking that work equal to the amount which, in accordance with this Part of this Act, would be credited to the DLO revenue account kept by them in respect of work of that description if the work so undertaken were functional work by virtue of paragraph (a) of that subsection.
(2)Subject to subsection (3) below, nothing in subsection (1) above applies to functional work undertaken in pursuance of an arrangement or agreement entered into before the appointed day.
(3)If the arrangement or agreement entered into before the appointed day provides for the delegation of a function for an indefinite period or for a period terminable by the parties to it or by either of them, this section shall apply to work undertaken in pursuance of the arrangement or agreement in the first financial year which begins after the appointed day and in subsequent financial years.
Modifications etc. (not altering text)
C3S. 15 applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)
(1)Every local authority or development body who undertake construction or maintenance work—
(a)of any of the descriptions specified in subsection (2) of section 10 above; or
(b)of any description specified by regulations under subsection (4) of that section,
whether under works contracts or by way of functional work or both, shall secure that, in respect of each financial year, their revenue from work of that description shows such positive rate of return on the capital employed for the purpose of carrying out the work as the Secretary of State may direct.
(2)Subject to subsection (3) below, the rate of return on capital employed shall be determined for the purposes of this section by such method as the Secretary of State may direct.
(3)The rate of return shall in all cases be determined on a current cost accounting basis.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Textual Amendments
F1S. 16(4) repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), ss. 32, 41, Sch. 6 para. 6, Sch. 7 Pt. III (subject to the provision at the end of that Part)
F2Ss. 16(5)(6), 19(3)(4) repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. III (subject to the provision at the end of that Part)
Textual Amendments
F3S. 17 repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), ss. 32, 41, Sch. 6 para. 7, Sch. 7 Pt. III (subject to the provision at the end of that Part and to savings in S.I. 1988/979, art. 5 and 1988/1043, art. 5) and applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1) and Pt. III (ss. 5-23) expressed to be repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note