Local Government Act 1985

58 Repayment of loans. E+W

(1) Except so far as otherwise provided by any provision made under this Act, all the rights and liabilities of the Greater London Council or a metropolitan county council on the abolition date in respect of money borrowed by that council shall on that date become rights and liabilities of the appropriate residuary body and those liabilities (both as respects principal and interest) shall be charged on the revenues of that body.

(2) For the purpose of providing a residuary body with money to discharge those liabilities each relevant authority shall on the abolition date be deemed to have borrowed from the appropriate residuary body such sum as may be specified by or determined in accordance with an order made by the Secretary of State; and that sum shall be deemed to have been borrowed on such terms as to repayment and the payment of interest as may be so specified.

(3) Without prejudice to its borrowing powers by virtue of Part VIII below, a residuary body may borrow money for the purpose of discharging any liabilities to which it is subject under subsection (1) above and a relevant authority may, during the period within which it is required to discharge its liabilities in respect of principal under subsection (2) above, borrow money for the purpose of discharging its liabilities under that subsection.

(4) In this section “relevant authority” means—

(a) as respects Greater London, each rating authority in Greater London and the authorities established by sections 18 and 27 above;

(b) as respects a metropolitan county, each rating authority in the county and any joint authority in relation to which such an authority is a constituent council.

(5) In subsection (1) above the reference to money borrowed by a council includes a reference to any money borrowed by any other authority whose rights and liabilities in respect of that money have been transferred to that council.

Modifications etc. (not altering text)

C1 S. 58(1) excluded by S.I. 1986/553, art. 3(1), and 1986/563, art. 3(1)