The Local Government Changes for England (Finance) (Amendment) Regulations 1995

Statutory Instruments

1995 No. 2862

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Changes for England (Finance) (Amendment) Regulations 1995

Made

3rd November 1995

Laid before Parliament

7th November 1995

Coming into force

28th November 1995

The Secretary of State, in exercise of the powers conferred on him by sections 19(1) and (2) and 26(3) to (5) of the Local Government Act 1992(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.  These Regulations may be cited as the Local Government Changes for England (Finance) (Amendment) Regulations 1995 and shall come into force on 28th November 1995.

Amendment of Finance Regulations

2.—(1) The Local Government Changes for England (Finance) Regulations 1994(2) shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 46 (council tax: valuation lists and alteration of lists)—

(a) in paragraph (1), there shall be deleted the words from “and such” to “that Act”; and

(b) after paragraph (4), there shall be inserted the following —

“(5) A list sent in accordance with paragraph (4) shall constitute the valuation list of the authority for the purposes of Chapter II of Part I of the 1992 Act.”.

(3) In regulation 53 (levy on disposals), for the word “designated” (in each place where it occurs) there shall be substituted the word “successor”.

(4) After regulation 54 (grants and contributions) there shall be inserted the following—

“Subsidy, contributions and financial assistance

54A.— (1) Any rights and duties of an abolished authority in respect of payments to or from the Secretary of State under any of the provisions specified in paragraph (2) shall, on or after the reorganisation date, be treated as the rights and duties of the designated authority.

(2) The provisions are—

(a) section 429 of the Housing Act 1985 (the improvement for sale scheme);

(b) section 569 of that Act (contributions in respect of defective dwellings);

(c) section 79 of the Local Government and Housing Act 1989 (Housing Revenue Account subsidy);

(d) section 165(4) to (9) of that Act (which make provision in respect of slum clearance subsidy); and

(e) section 169(6) to (8) of that Act (which make provision in respect of financial assistance towards services for owners and occupiers of houses).

(3) For the purposes of paragraph (1), anything done by or in relation to the abolished authority in connection with the specified provisions shall be treated on and after the reorganisation date as if it had been done by or in relation to the designated authority.”.

Signed by authority of the Secretary of State for the Environment

David Curry

Minister of State,

Department of the Environment

3rd November 1995

Explanatory Note

(This note is not part of the Regulations)

Under Part II of the Local Government Act 1992, where recommendations for changes to local government in England are made by the Local Government Commission, the Secretary of State may make an order (“a reorganisation order”). The Local Government Changes for England (Finance) Regulations 1994 make transitional provisions for authorities subject to a reorganisation order.

These Regulations amend regulation 46(1) of the 1994 Regulations which concerns the valuation list of a new billing authority. They provide that the valuation list supplied under regulation 46(4) is to be such an authority’s valuation list for the purposes of Chapter II of Part I of the Local Government Finance Act 1992 (c. 14) (regulation 2(2)).

These Regulations also amend regulation 53 of the 1994 Regulations which concerns the levy on disposals under section 136 of the Leasehold Reform Housing and Urban Development Act 1993 (c. 28). The Regulations provide for references to a designated authority to be substituted by references to a successor authority (regulation 2(3)).

In addition the Regulations add a new regulation 54A which passes to the designated authority the rights and duties of the abolished authority in respect of payments under specified provisions of the Housing Act 1985 and the Local Government and Housing Act 1989 in respect of improvement for sale schemes, defective dwellings, Housing Revenue Account subsidy, slum clearance subsidy and financial assistance towards services for owners and occupiers of houses (regulation 2(4)).

(1)

1992 c. 19.

(2)

S.I. 1994/2825.