Housing Act 1985

Section 313.

SCHEDULE 12 Slum Clearance Subsidy Regulations

Introductory.

1 This Schedule has effect with respect to the provision which may be made by regulations under section 313 prescribing the method of determining whether a local authority have incurred a loss in connection with the exercise of their slum clearance functions and the amount of the loss.

Treatment of expenditure or receipts of a capital nature.

2 (1) The regulations may require expenditure or receipts to be treated, or not to be treated, as of a capital nature.

(2) The regulations may, in the case of an item, of a capital nature, determine the method of arriving at the appropriate equivalent annual amounts to be taken into account, and their number, or may specify classes of case in which an item of a capital nature is to be taken into account for a single year.

(3) The number of equivalent annual amounts prescribed under sub-paragraph (2) shall not in any case exceed 60.

(4) The regulations may provide that, where the prescribed number of equivalent annual amounts in respect of an item exceeds 15, all equivalent annual amounts in respect of that item shall be left out of account from such year, not being less than 15 years after the year in which the item arises and not earlier than 1986-87, as may be specified in the regulations.

Approval of expenditure by Secretary of State.

3 The regulations may provide that expenditure of any class or description shall not be taken into account unless, and except so far as, the Secretary of State has approved the expenditure.

Avoidance of double payment of subsidy, &c..

4 The regulations may, in order to prevent subsidy or other payments out of money provided by Parliament being made in respect of the same loss or expenditure, or in respect of the same land, both under section 312 (slum clearance subsidy) and under—

(a) section 7 of the [1966 c. 42.] Local Government Act 1966 or section 250 of the [1971 c. 78.] Town and Country Planning Act 1971 (grants for development and re-development), or

(b) any other enactment, including any other provision of this Act,

provide for the exclusion of any item of expenditure or the making of any other adjustment.

Expenditure or receipts in connection with land acquired before 1st April 1965.

5 The regulations shall not take into account expenditure or receipts (whether capital or not, and whether incurred or due before 1st April 1971 or later) in connection with land acquired by the authority before 1st April 1965.

Expenditure or receipts incurred or due before 1st April 1971.

6 (1) Except as mentioned in sub-paragraph (2), the regulations shall not take into account expenditure or receipts incurred or due before 1st April 1971.

(2) Where in the period of six years beginning on 1st April 1965 and ending on 31st March 1971 the authority have acquired land for the purposes of their slum clearance functions and continue to hold that land for those purposes until the end of that period, the regulations may take into account the equivalent annual amounts in respect of capital expenditure incurred, or capital receipts becoming due, in that period in connection with that land.

Miscellaneous.

7 The regulations may—

(a) make different provision for different classes of authorities, or special provision for particular authorities;

(b) contain such transitional and other supplementary or incidental provisions as appear to the Secretary of State to be necessary or expedient.

8 Nothing in paragraphs 3, 4 or 7 of this Schedule prejudices the generality of the regulation-making power conferred by section 313.