Part VIIIE+W Financial Provisions

New authoritiesE+W

F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F1S. 68 repealed (21.8.1991) by S.I. 1991/1730, art. 2(1).

F269 Block grant.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2S. 69 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

70, 71.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W

Textual Amendments

F3Ss. 70, 71 repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(2), Sch. 12 Pt.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.E+W

(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.

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F5[(5)Any reference in this section to a new authority includes a reference to the London Fire and Emergency Planning Authority.]

Textual Amendments

F4S. 72(3) repealed (11.9.1988) by 1998 c.18, ss. 54(3), 55(2), Sch. 5

F5S. 72(5) inserted (3.7.2000) by 1999 c. 29, ss. 328(8), 425(2), Sch. 29 Pt. I para. 40 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

Modifications etc. (not altering text)

C1S. 72(1)(2)(4) amended by S.I. 1985/1884, art. 9(1)

C2S. 72(1)(2)(4) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(g)

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)

C3S. 73 amended by S.I. 1985/1884, art. 9(1)

C4S. 73 modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 7(h)

C5S. 73 modified by S.I. 1989/1815, art. 2(2), Sch. 1 para. 9 (as inserted by S.I. 1990/198, art. 2)

Residuary bodiesE+W

F674. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F6S. 74 repealed (21.8.1991) by S.I. 1991/1730, art. 2(1).

75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W

Textual Amendments

F7S. 75 repealed (with savings in S.I. 1990/431, Sch. 1 para. 1(a)) by Local Government and Housing Act 1989 (c.42, SIF 81:1), ss. 194(2), Sch. 12 Pt. I

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W

Textual Amendments

F8S. 76 repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

77 Treatment and distribution of capital and other money.E+W

(1)The Secretary of State may by order provide—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(b)for the payment by a residuary body to [F10any authority to which this subsection applies] of such part (if any) of any capital money received by that body as is specified in the order.

(2)Subsection (1) above applies to any [F11billing authority] in the area for which the residuary body in question is established and to any new authority established for (or for an area which includes or is included in) that area.

(3)An order under subsection (1) above may—

(a)apply only to capital money of a particular description or make different provision in relation to capital money of different descriptions;

(b)apply only to some of the authorities to which that subsection applies or make different provision in relation to different authorities; . . . F12

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(4)A residuary body may in any financial year distribute among [F11the billing authorities] in the area for which it is established any money (other than capital money) for the time being in the hands of that body; and any such distribution shall be in the same proportions as those that would apply to a levy made by it on those authorities in respect of that year.

(5)In this section “capital money” means money of such description as may be specified for the purposes of this section by an order made by the Secretary of State [F11and references in this section to a billing authority shall be construed as references to an authority, other than the Council of the Isles of Scilly, which is a billing authority for the purposes of Part I of the Local Government Finance Act 1992.].

Textual Amendments

F9S. 77(1)(a) repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

F10Words substituted by S.I. 1990/776, art. 8, Sch. 3 para. 26

F11Words in s. 77(2)(4)(5) substituted (1.4.1993) by S.I. 1993/616, art. 3, Sch. 2 Pt. I para. 5.

F12S. 77(3)(c) and word immediately preceding it repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

Modifications etc. (not altering text)

C6S. 77 amended by S.I. 1985/1884, art. 9(1)

C7S. 77 modified by Education Reform Act 1988 (c.40, SIF 41:1), ss. 185(8), 231(7), 235(6)

C8S. 77 restricted by Education Reform Act 1988 (c.40, SIF 41:1), ss. 185(9), 231(7), 235(6)