The Local Government Changes for England (Finance) Regulations 1994

Financial administration: reports of the chief finance officer of an abolished authority

36.—(1) Where prior to the reorganisation date—

(a) the chief finance officer of an abolished authority has made a report under section 114 of the 1988 Act (functions of responsible officer as regards reports)(1), and

(b) a meeting in respect of that report has not been held under section 115 of that Act (authority’s duties as regards reports) by a date which is 21 days before the reorganisation date,

the chief finance officer of the abolished authority shall on the date which is 21 days before the reorganisation date or, if that is not a working day, on the next working day following that date, send a copy of the report to the chief finance officer of each successor authority.

(2) Where the chief finance officer of the abolished authority makes a report under section 114 of the 1988 Act during the period of 21 days before the reorganisation date he shall send a copy of the report to the chief finance officer of each successor authority.

(3) The chief finance officer of a successor authority shall, as soon as is reasonably practicable after receiving a copy of a report under paragraph (1) or (2), send a copy of it to the person who has the duty to audit the successor authority’s accounts and each person who is a member of the successor authority.

(4) The copy of the report sent under paragraph (3) shall be accompanied by a notice stating that if the abolished authority has not held a meeting in respect of the report under section 115 of the 1988 Act before the reorganisation date the successor authority shall hold such a meeting not later than the end of the period of 21 days beginning with that date.

(5) If a meeting in respect of a report such as is mentioned in paragraph (1) or (2) is held by the abolished authority before the reorganisation date its chief finance officer shall, as soon as is reasonably practicable after the meeting, notify the chief finance officer of each successor authority of any decision made at the meeting.

(6) If the abolished authority has not held a meeting in respect of a report such as is mentioned in paragraph (1) or (2) before the reorganisation date, each successor authority shall hold such a meeting not later than the end of the period of 21 days beginning with that date, and, subject to paragraph (7), sections 115 and 116 of that Act (information about meetings) shall apply accordingly.

(7) The prohibition period referred to in section 115 of that Act shall mean the period—

(a) beginning with the day on which copies of the report are sent under paragraph (3), and

(b) ending with the first working day to fall after the day (if any) on which the successor authority’s consideration of the report under section 115(2) is concluded.

(1)

Section 114 was amended by paragraph 66 of Schedule 5 to the 1989 Act.