Local Government Act 1985 (c. 51)

Part VIII U.K. Financial Provisions

Residuary bodies E+W

F1 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 S. 74 repealed (21.8.1991) by S.I. 1991/1730, art. 2(1).

75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 S. 75 repealed (with savings in S.I. 1990/431, Sch. 1 para. 1(a)) by Local Government and Housing Act 1989 (c.42, SIF 81:1), ss. 194(2), Sch. 12 Pt.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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W

Textual Amendments

F3 S. 76 repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(2), Sch. 12 Pt.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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(b) for the payment by a residuary body to [F5 any 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 [F6 billing 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; . . . F7

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(4) A residuary body may in any financial year distribute among [F6 the 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 [F6 and 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

F4 S. 77(1)(a) repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

F5 Words substituted by S.I. 1990/776, art. 8, Sch. 3 para. 26

F6 Words in s. 77(2)(4)(5) substituted (1.4.1993) by S.I. 1993/616, art. 3, Sch. 2 Pt. I para. 5.

F7 S. 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)

C1 S. 77 amended by S.I. 1985/1884, art. 9(1)

C2 S. 77 modified by Education Reform Act 1988 (c.40, SIF 41:1), ss. 185(8), 231(7), 235(6)

C3 S. 77 restricted by Education Reform Act 1988 (c.40, SIF 41:1), ss. 185(9), 231(7), 235(6)

78 Accounts. E+W

(1) A residuary body shall keep proper accounts and proper records in relation to them.

(2) A residuary body shall prepare a statement of accounts in respect of each financial year.

(3) The statement shall comply with any directions given by the Secretary of State, with the consent of the Treasury, as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

(4) Without prejudice to section 65 above the Secretary of State may give directions to a residuary body requiring it—

(a) to keep accounts in respect of such matters and records relating to them as may be specified in the direction; and

(b) to comply with such methods and principles as may be so specified with respect to any accounts or records kept by that body;

and it shall be the duty of a residuary body to comply with any such directions.

Modifications etc. (not altering text)

C4 S. 78: certain functions transferred by S. I. 1991/517, arts. 2(d), 3(a)

C5 S. 78: certain functions transferred by S.I. 1989/814, art. 11(a)

C6 S. 78: certain functions transferred by S.I. 1989/1359, reg. 11(a)

C7 S. 78: certain functions transferred by S.I. 1989/2470, art. 12(a)

C8 S. 78(1)(2)(3) amended by S.I. 1989/1815, art. 2, Sch. 1 para. 7(1)

79 Audit. E+W

(1) The accounts of a residuary body shall be included among those which are required to be audited in accordance with [F8 the Audit Commission Act 1998] and, subject to subsection (2) below, [F8 that Act] shall accordingly have effect in relation to any such body and its accounts.

(2) [F9 Sections 5(1)(b) and (c), 14 to 18, 25 and 27 of that Act] shall not apply in relation to a residuary body or its accounts.

(3) At each audit by an auditor under [F10 the said Act of 1998] of the accounts of a residuary body any local government elector for any area to which the accounts to be audited relate may inspect those accounts and all books, deeds, contracts, bills, vouchers and receipts relating to them and make copies of all or any part of the accounts and those other documents.

(4) At the request of any such local government elector, the auditor shall give the elector, or any representative of his, an opportunity to question the auditor about those accounts or to draw his attention to any matter on which he could make a report under [F11 section 8 of the said Act of 1998]

(5) As soon as the audit of the accounts of a residuary body has been concluded a copy of any statement prepared by that body for the accounting year in question under section 78(2) above, together with a copy of any report made by the auditor on the statement or on the accounts shall be sent by the body to the Secretary of State who shall lay a copy of the statement and report before each House of Parliament.

(6) Any person, on application to a residuary body, shall be entitled—

(a) to inspect and make copies of any statement prepared by it under section 78(2) above and any report made by an auditor on the statement or on the accounts of that body; and

(b) to be furnished with copies of any such statement or report on payment of such reasonable sum as the body may determine.

(7) Any document which a person is entitled to inspect under subsection (3) or (6) above may be inspected by him at all reasonable times and without payment.

(8) Subsection (2) above shall not have effect so as to exclude the provisions there mentioned from [F12 the said Act of 1998] as applied by section 63 above and references to the accounts of a residuary body in subsection (3) to (6) above do not include references to any accounts in respect of which it has functions under that section.

Textual Amendments

F8 Words in s. 79(1) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 11(3)(a)(i)(ii)

F9 Words in s. 79(2) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 11(3)(b)

F10 Words in s. 79(3) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 11(3)(c)

F11 Words in s. 79(4) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 11(2)(d)

F12 Words in s. 79(8) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 11(2)(e)

Modifications etc. (not altering text)

C9 S. 79: certain functions transferred by S.I 1991/517, arts. 2(d), 3(a)

C10 S. 79: certain functions transferred by S.I. 1989/814, art. 11(a)

C11 S. 79: certain functions transferred by S.I. 1989/1359, reg. 11(a)

C12 S. 79: certain functions transferred by S.I. 1989/2470, art. 12(a)

C13 S. 79 excluded by Local Government and Housing Act 1989 (c.42, SIF 81:1, 2), s. 11(1)(4)

C14 S. 79 amended by S.I. 1989/1815, art. 2, Sch. 1 para. 7(3)

C15 S. 79(2) excluded by S.I. 1989/1815, art. 2, Sch. 1 para. 7(4)