http://www.legislation.gov.uk/id/ukpga/1989/42

http://www.legislation.gov.uk/ukpga/1989/42/section/64/1992-10-01

Local Government and Housing Act 1989

An Act to make provision with respect to the members, officers and otherstaff and the procedure of local authorities; to amend Part III of the LocalGovernment Act 1974 and Part II of the Local Government (Scotland) Act 1975 and to provide for a national code of local government conduct; to makefurther provision about the finances and expenditure of local authorities(including provision with respect to housing subsidies) and about companiesin which local authorities have interests; to make provision for and inconnection with renewal areas, grants towards the cost of improvement andrepair of housing accommodation and the carrying out of works of maintenance,repair and improvement; to amend the Housing Act 1985 and Part III of theLocal Government Finance Act 1982; to make amendments of and consequentialupon Parts I, II and IV of the Housing Act 1988; to amend the Local GovernmentFinance Act 1988 and the Abolition of Domestic Rates Etc. (Scotland) Act 1987and certain enactments relating, as respects Scotland, to rating andvaluation, and to provide for the making of grants; to make provision withrespect to the imposition of charges by local authorities; to make furtherprovision about certain existing grants and about financial assistance to andplanning by local authorities in respect of emergencies; to amend sections 102and 211 of the Local Government (Scotland) Act 1973; to amend the Local LandCharges Act 1975; to enable local authorities in Wales to be known solely byWelsh language names; to provide for the transfer of new town housing stock;to amend certain of the provisions of the Housing (Scotland) Act 1987 relatingto a secure tenant’s right to purchase his house; to amend section 47 of theRace Relations Act 1976; to confer certain powers on the Housing Corporation,Housing for Wales and Scottish Homes; to make provision about security oftenure for certain tenants under long tenancies; to provide for the making ofgrants and giving of guarantees in respect of certain activities carried onin relation to the construction industry; to provide for the repeal of certainenactments relating to improvement notices, town development and educationsupport grants; to make, as respects Scotland, further provision in relationto the phasing of progression to registered rent for houses let by housingassociations or Scottish Homes and in relation to the circumstances in whichrent increases under assured tenancies may be secured; and for connectedpurposes.

1989-11-16

text

text/xml

Statute Law Database

2024-06-14

1992-10-01

Local Government and Housing Act 1989

s. 65(2)(b)(ii)

Public Audit (Wales) Act 2004

Sch. 2

para. 11

s. 73

art. 2

Sch. 1

Local Government and Housing Act 1989

s. 76A

76B

Wales Act 2014

s. 24(2)

s. 29(5)(b)

Local Government and Housing Act 1989

s. 87(1A)

Wales Act 2014

s. 24(5)

s. 29(5)(b)

Local Government and Housing Act 1989

Sch. 10 para. 5(4)(a)(b) and words

Leasehold and Freehold Reform Act 2024

Sch. 9

para. 8(a)

s. 124(3)

Local Government and Housing Act 1989

Sch. 10

para. 5(4A)

Leasehold and Freehold Reform Act 2024

Sch. 9

para. 8(b)

s. 124(3)

C2 C3 C4 C5 C6 C7 C8 C9 F1 C10Part IV Revenue Accounts and Capital Finance of Local Authorities

Annotations:

Amendments (Textual)

Pt. IV (ss. 39-66) excluded (4.10.1993) by S.I. 1993/2171, art. 5(3)

Modifications etc. (not altering text)

Pt. IV (ss. 39–66) modified by S.I. 1990/404, art. 3,S.I. 1990/419, art. 14(5)(7), S.I. 1990/719, arts. 2(1), 3(2), 4(1) and S.I.1990/720, arts. 2, 3, 4, 6

Pt. IV (ss. 39–66) amended by S.I. 1990/432, reg. 27

Pt. IV (ss. 39–66) modified by S.I. 1989/814, art. 7(as amended by S.I. 1990/778, art. 2, Sch. para. 7) and S.I. 1989/1359, art.7 (as amended by S.I. 1990/778, art. 2, Sch. para. 8)

Pt. IV (ss. 39–66) amended by Housing Act 1988 (c. 50,SIF 61), s. 74(6) (as amended by S.I. 1990/778, art. 2 Sch. para. 1) and s.104(5) (as amended by S.I. 1990/778, art. 2 Sch. para. 2)

Pt. IV (ss. 39–66) modified by S.I. 1990/1024, arts.8(1)(2), 11(2)

Pt. IV (ss. 39-66) modified (31.3.1994) by S.I. 1994/566, art. 5(4)

Pt. IV (ss. 39-66) modified (31.3.1994) by S.I. 1994/695, art. 5(3)

Pt. IV (ss. 39-66) applied (temp.) (4.5.1995) by S.I. 1995/1042, art. 4(1)

Pt. IV (ss. 39-66) applied (with modifications) (1.4.1996) by S.I. 1996/604, art. 3(2)

Pt. IV excluded (25.9.1995) by S.I. 1995/2248, art. 5(4)

Pt. IV (ss. 39-66) power to make provision about matters of the kind dealt with in this part conferred (1.9.1997) by 1997 c. 50 s. 44(1), Sch. 4 para. (j)(ii); S.I. 1997/1930, art. 2(1)(2)(m)

Pt. IV (ss. 39-66) (except ss. 53, 55) modified (3.7.2000) by 1999 c. 29, s. 118(1)(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. 3

Pt. IV (ss. 39-66) modified (1.4.1997) by 1999/319, reg. 160(1)(2)

Pt. IV (ss. 39-66) modified by S.I. 1991/548, art.3

Pt. IV (ss. 39-66) restricted (6.4.1992) by S.I. 1992/581, art. 5(4)

Pt. IV (ss. 39-66) modified (20.7.1993) by 1993 c. 28, s. 136(7)

Pt. IV (ss. 39-66) modified (1.4.1995) by S.I. 1995/849, arts. 1(2)(c), 13-18

C10

Pt. IV (ss. 39-66) applied (with modifications) (W.) (1.9.2002) by S.I. 1995/849, arts. 14-18 (as amended by The Local Authorities (Companies) (Amendment) (Wales) Order 2002 (S.I. 2002/2118), arts. 1(2), 2)

Amounts set aside to meet credit liabilities

C164 Use of amounts set aside to meet credit liabilities.

1

Amounts for the time being set aside by a local authority (whether voluntarily or pursuant to a requirement under this Part) as provision to meet credit liabilities may, subject to subsection (2) below, be applied only forone or more of the following purposes—

a

to meet any liability of the authority in respect of money borrowed by the authority, other than a liability in respect of interest;

b

to meet any liability of the authority in respect of credit arrangements,other than those excluded by regulations under paragraph 11 of Schedule 3 to this Act; and

c

where a credit approval has been used as authority not to charge particular expenditure to a revenue account, to meet that expenditure.

2

Subject to the following provisions of this section if, on the date which is the relevant date for any financial year, a local authority’s credit ceiling, as determined under Part III of Schedule 3 to this Act, is a negative amount, any such amount as is referred to in subsection (1) above may in that financial year—

a

be applied for purposes specified by regulations made by the Secretary of State; or

b

be transferred to a body so specified.

3

The aggregate of the amounts which may be applied by a local authority inaccordance with subsection (2) above in any financial year shall not exceed the amount by which the authority’s credit ceiling on the relevant date is less than nil.

4

References in subsections (2) and (3) above to the relevant date shall be construed as follows—

a

for the financial year beginning on 1st April 1990, the relevant date is that date; and

b

for any subsequent financial year, the relevant date is the last day of the preceding financial year.

5

Regulations under subsection (2) above may specify conditions with which a local authority must comply in applying or transferring any amount as mentioned in that subsection and with respect to any amount so applied or transferred; and an amount shall not be taken to be applied or transferred under that subsection unless any such conditions are complied with.

C2C3C4C5C6C7C8C9F1C10Part IV Revenue Accounts and Capital Finance of Local Authorities

Amounts set aside to meet credit liabilities

C164 Use of amounts set aside to meet credit liabilities.

1

a

b

c

2

a

b

3

4

a

b

5

C2 C3 C4 C5 C6 C7 C8 C9 F1 C10Part IV Revenue Accounts and Capital Finance of Local Authorities