[F1Part IIIE+W+S Direct Labour Organisations]

Textual Amendments

F1Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999) by 1999 c. 27, ss. 21(1)(a), 34, Sch. 2(1), Note

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)

[F2Financial provisions]S

Textual Amendments

F2Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

[F315 Payment for construction or maintenance work undertaken in pursuance of delegated functions etc.S

(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.]

Textual Amendments

F3Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

Modifications etc. (not altering text)

C3S. 15 applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

[F416 General financial duty: treatment of deficits.S

(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, [F5such financial objective as the Secretary of State may specify for that year is met by their revenue (as adjusted in such manner as he may so specify) for all the work of that description which is carried out in that year.]]

[F6(1A)Where the Secretary of State specifies a financial objective under this section, he may define that objective by reference to such factors as he thinks fit.]

F7(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F4Pt. III (ss. 5-23) repealed (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note

F8S. 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)

F9Ss. 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)

Modifications etc. (not altering text)

C4S. 16 applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S

Textual Amendments

F10S. 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