Local Government and Housing Act 1989

55 Criteria for issuing credit approvals. E+W

(1) In determining the amount of a basic credit approval or a supplementary credit approval to be issued to a local authority, the Secretary of State or other Minister may have regard, subject to the following provisions of this section, to such factors as appear to him to be appropriate.

(2) Without prejudice to the generality of subsection (1) above, the Secretary of State or other Minister may, in particular, have regard—

(a) to the amount of any grants or contributions which it appears to him that the authority concerned have received and are likely to receive from any person in respect of expenditure incurred by the authority or to be incurred by them before the expiry of the period for which the credit approval is to have effect; and

(b) subject to subsection (3) below, to the amount of capital receipts which it appears to him that the authority have received, might reasonably be expected to have received or to receive or are likely to receive before the expiry of the period for which the credit approval is to have effect.

[F1 (3) In determining the amount of a basic credit approval, the Secretary of State shall not take account of capital receipts to the extent that the authority concerned are required to set aside the receipts as provision for credit liabilities; and in determining the amount of a basic credit approval or a supplementary credit approval, the Secretary of State or other Minister shall not take account of capital receipts] to the extent that they are applied or paid as mentioned in subsections (7) to (9) of section 56 below

(4) In determining the amount of the basic credit approval or of a supplementary credit approval to be issued to a particular local authority in any financial year, the Secretary of State or other Minister shall not take account of the extent to which it appears to him that the local authority are or are likely to be in a position to finance expenditure for capital purposes from a revenue account.

(5) In this section “capital receipts” includes sums which constituted capital receipts for the purposes of Part VIII of the M1 Local Government, Planning and Land Act 1980, whether or not they fall to be treated as capital receipts under section 58 below.

Textual Amendments

F1 Words in s. 55(3) substituted (6.11.1997) by 1997 c. 63, s. 1

Modifications etc. (not altering text)

C1 S. 55 applied (with modifications) (13.3.1996) by S.I. 1996/633, art. 6(3)

S. 55 excluded (8.5.2000 for certain purposes otherwise 3.7.2000) by 1999 c. 29, s. 112(1) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pts. 2, 3

Marginal Citations

M1 1980 c. 65.