Local Government Act 1985

New authorities U.K.

68 Precepts. U.K.

(1) A new authority may in respect of any financial year beginning after the date on which it is established issue precepts to the appropriate rating authorities for the levying of rates to meet all liabilities falling to be discharged by the authority for which provision is not otherwise made.

(2) The appropriate rating authorities are—

(a) in the case of a joint authority, the rating authorities in the area for which it is established;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3) In section 12(1) of the M1 General Rate Act 1967 (supplementary provisions about precepts) after the words “a county council,” there shall be inserted the words “a joint authority established by Part IV of the Local Government Act 1985, the Inner London Education Authority”.

(4) Part I of the M2 Rates Act 1984 (selective limitation of rates and precepts) shall apply to the new authorities and accordingly in section 1(3) of that Act for paragraph (c) there shall be substituted—

“(c) the Inner London Education Authority;

(cc) a joint authority established by Part IV of the Local Government Act 1985; and”.

(5) In section 2(6) of that Act (classes of authority to which common principles are to be applied in designation and in the determination of expenditure levels) the word “and” at the end of paragraph (e) shall be omitted and after paragraph (f) there shall be inserted—

“(g) metropolitan county police authorities and the Northumbria Police Authority;

(h) metropolitan county fire and civil defence authorities; and

(i) metropolitan county passenger transport authorities.”

(6) Each new authority shall be deemed for the purposes of Part I of that Act to have been designated under section 2 of that Act in relation to the financial year beginning on the abolition date and the two subsequent financial years; and—

(a) the principles in accordance with which expenditure levels are determined for those years under section 3 of that Act may differ as between different new authorities; and

(b) notwithstanding any order bringing section 10 of that Act (general limitation) into force before the end of those years, no new authority shall be treated as designated in relation to any of those years by virtue of that section.

Textual Amendments

F1 S. 68(2)(b) repealed by Education Reform Act 1988 (c.40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

Marginal Citations

M1 1967 c. 9.

M2 1984 c. 33.

69 Block grant. U.K.

(1) The new authorities shall be local authorities for the purposes of block grant under Part VI of the M3 Local Government Planning and Land Act 1980 (rate support grant) for financial years beginning on or after the abolition date and accordingly that Act shall for those purposes have effect with the following amendments.

(2) In section 53—

(a) in subsection (5), in paragraph (f) the word “and” shall be omitted and after that paragraph there shall be inserted—

“(ff) a joint authority; and”; and

(b) at the end of subsection (6) there shall be inserted the words “and the area of a joint authority is the area for which the authority is established.”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4) In section 55(3), after paragraph (c), there shall be inserted “; or

(d) to a joint authority.”.

(5) In section 59(11)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(b) after paragraph (c) there shall be inserted—

“; and

(d) as if paragraph (ff) referred to four classes, namely—

(i) metropolitan county police authorities and the Northumbria Police Authority;

(ii) metropolitan county passenger transport authorities;

(iii) metropolitan county fire and civil defence authorities; and

(iv) the London Fire and Civil Defence Authority.”

(6) At the end of section 68(1) there shall be inserted the words “and ”joint authority’ means a joint authority established by Part IV of the Local Government Act 1985”.

Textual Amendments

F2 S. 69(3) repealed by Local Government Finance Act 1987 (c.6, SIF 81:1), s. 11(2), Sch. 5 (the repeal being subject to the provision at the end of that Sch.)

F3 S. 69(5)(a) repealed by Rate Support Grants Act 1986 (c.54, SIF 103:1), s. 4(3), Sch. 2

Marginal Citations

M3 1980 c. 65.

70, 71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W

Textual Amendments

F4 Ss. 70, 71 repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

72 Accounts and audit. U.K.

(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.

(3) In section 12(2) of the M4 Local Government Finance Act 1982 (accounts subject to audit) after paragraph (a) there shall be inserted—

“(aa) a joint authority;

(ab) the Inner London Education Authority;”.

(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.

Modifications etc. (not altering text)

C1 S. 72(1)(2)(4) amended by S.I. 1985/1884, art. 9(1)

C2 S. 72(1)(2)(4) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(g)

Marginal Citations

M4 1982 c. 32.

73 Financial administration. E+W

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.

Modifications etc. (not altering text)

C3 S. 73 amended by S.I. 1985/1884, art. 9(1)

C4 S. 73 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(h)

C5 S. 73 modified by S.I. 1989/1815, art. 2(2), Sch. 1 para. 9 (as inserted by S.I. 1990/198, art. 2)