Part III Financial Provisions
Chapter IV Revenue Accounts and Capital Finance
Application of Part IV of Local Government and Housing Act 1989
F14111 Part IV of 1989 Act to apply to Authority and functional bodies.
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Credit approvals
F13112 Provisions to be in place of sections 53 to 55 of 1989 Act.
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F13113 Aggregate credit approval for Authority and functional bodies.
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F13114 Additional credit approval.
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F13115 Notification of category C or D allocations.
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F13116 Amortisation.
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F13117 Criteria for issuing credit approvals.
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F13118 Part IV of 1989 Act and credit approvals under this Chapter.
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Capital receipts and mutual grants
I1119 Power to redistribute capital receipts of functional bodies.
1
The Secretary of State may make regulations for and in connection with conferring on the Mayor power to direct any functional body to pay to the Authority such percentage as may be specified in the direction of so much of F15... the body’s capital receipts as may be so specified.
2
The power conferred on the Mayor must be exercisable only for the purpose of enabling the amount paid under such a direction (the relevant amount) to be applied towards meeting F16 capital expenditure of another functional body or of the Authority (the assisted body).
3
The provision that may be made by regulations under subsection (1) above includes provision—
a
with respect to the percentage or maximum percentage that may be specified in a direction;
b
with respect to the portion of F17... a functional body’s capital receipts in respect of which a direction may be issued;
c
requiring a direction to be complied with before the expiration of a prescribed period;
d
requiring the Mayor, within such time or in such manner as may be prescribed, to notify the functional bodies of decisions taken with respect to the exercise of powers conferred by the regulations;
e
for and in connection with enabling the Mayor to permit the relevant amount to be applied towards meeting F18 capital expenditure of the assisted body generally or to require it to be applied towards meeting only such expenditure of a particular description;
F19f
for and in connection with treating the whole or a prescribed part of the relevant amount as added to the capital receipts of the assisted body, for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);
g
for and in connection with requiring an assisted body to apply the relevant amount only for the purposes for which it was paid to the body.
4
In this section prescribed means prescribed by regulations.
120 Capital grants between Authority and functional bodies.
1
The Authority may pay grants towards meeting F20capital expenditure incurred or to be incurred by a functional body for the purposes of, or in connection with, the discharge of the functions of that body.
2
A functional body may, with the consent of the Mayor, pay a grant towards meeting F20capital expenditure incurred or to be incurred by another functional body, or by the Authority, for the purposes of, or in connection with, the discharge of the functions of the body to which the grant is made.
3
A grant under this section must not be made subject to any limitation in respect of the F20capital expenditure which it may be applied towards meeting.
4
A grant under this section must be applied by the recipient body solely towards meeting F20capital expenditure incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions.
121 Revenue grants between Authority and functional bodies.
1
The Authority may pay grants towards meeting expenditure, other than F21capital expenditure, incurred or to be incurred by a functional body for the purposes of, or in connection with, the discharge of the functions of that body.
2
A functional body may, with the consent of the Mayor, pay a grant towards meeting expenditure, other than F21capital expenditure, incurred or to be incurred by another functional body, or by the Authority, for the purposes of, or in connection with, the discharge of the functions of the body to which the grant is made.
3
A grant under this section must not be made subject to any limitation in respect of the expenditure which it may be applied towards meeting (other than that the expenditure must not be F21capital expenditure).
4
A grant under this section must be applied by the recipient body solely towards meeting expenditure incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions, other than F21capital expenditure.
The Mayor’s capital spending plan
I2122 Form and contents.
1
The Mayor shall, in accordance with the following provisions of this section and sections 123 and 124 below, prepare for each financial year a capital spending plan for the functional bodies.
2
A capital spending plan shall consist of the sections described in subsections (3) to (6) below.
3
Section A of a capital spending plan shall consist of a statement for each functional body of the Mayor’s estimates of the following amounts—
a
the total amount of capital grants likely to be paid to the body during the year by any person other than the Authority;
b
the amount, at the beginning of the year, of F1... the body’s capital receipts; and
c
the amount by which the F3body’s capital receipts are likely to be increased by capital receipts which it appears to the Mayor the functional body might reasonably be expected to receive, or is likely to receive, during the year.
4
Section B of a capital spending plan shall consist of a statement for each functional body of the following amounts—
a
if the Mayor has decided a minimum amount of grant which the Authority is to pay to the body for the year under section 120(1) above, that minimum amount;
F4b
the total of the amounts which the Mayor expects the body—
i
to borrow in the year, or
ii
to be treated as borrowing in the year because of section 8(2) of the Local Government Act 2003 (under which entry into, or variation of, a credit arrangement is treated as a form of borrowing).
5
Section C of a capital spending plan shall consist of a statement for each functional body of the total of the following amounts—
a
the total amount of F5capital expenditure which the Mayor expects the body to incur during the year; and
F6b
the total of the amounts which the Mayor expects the body to be treated as borrowing in the year because of section 8(2) of the Local Government Act 2003;
and in this section the total of those amounts is referred to as the body’s total capital spending for the year.
6
Section D of a capital spending plan shall consist of an analysis of each functional body’s total capital spending for the year showing—
a
the amount which the Mayor expects the body to meet out of capital grants;
b
the amount which he expects the body to meet out of F2... its capital receipts;
F7c
the amount which he expects the body to meet by borrowing or entering into or varying credit arrangements;
d
the amount which he expects the body to meet by making a charge to a revenue account.
I3123 Preparation.
F81
For each financial year, the Mayor shall prepare a draft of the capital spending plan for the year.
2
Before 15th January in the financial year preceding that to which the capital spending plan relates, the Mayor shall—
a
send a copy of the draft to the Assembly and to each functional body; and
b
invite them to submit their comments on the draft to him in writing within 21 days.
3
Before finally determining the contents of the capital spending plan, the Mayor shall consider any comments submitted in accordance with the invitation under subsection (2)(b) above and make such revisions of the draft as he thinks fit, having regard to those comments.
4
Before 28th February in the financial year preceding that to which the capital spending plan relates, the Mayor shall—
a
send the plan to the Secretary of State; and
b
send a copy of the plan to the Assembly and to each functional body.
5
A copy of the capital spending plan shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
6
A copy of the capital spending plan, or any part of it, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
7
In this section the appropriate period in the case of a capital spending plan is the period of six years beginning with the date of publication of that plan pursuant to this section.
Supplementary provisions
I4124 Admissible factors in preparing capital spending plan etc.
1
In preparing a capital spending plan for any financial year, the Mayor may take account of such factors as appear to him to be appropriate.
2
The reference in subsection (1) above to preparing a capital spending plan for a financial year includes a reference to deciding, in the case of each of the functional bodies,—
a
the minimum amount of grant which the Authority is to pay to the body for the year under section 120 above; and
F10b
the amounts to be transferred to the body under section 32(5) of the Local Government Act 2003 (Mayor’s power to transfer expenditure grant);
3
Without prejudice to the generality of subsection (1) above, the Mayor may in particular take account of—
a
the capital spending plans for such financial years which have ended as he may determine; and
b
the amounts of each functional body’s total capital spending specified in section C of each of those plans which have been met as described in each of the paragraphs of subsection (4) below.
4
Those amounts are—
a
the amount met out of capital grants made to the body;
F12c
the amount met by borrowing or entering into or varying credit arrangements;
d
the amount met by making a charge to a revenue account.
125 Information.
1
The Mayor may serve on a functional body a notice requiring the body to supply to him such information as is specified in the notice and required by him for the purpose of deciding whether to exercise his powers, and how to perform his functions, under this Chapter.
2
If the information specified in a notice under this section is in the possession or under the control of the functional body on which the notice is served, the body shall supply the information required in such form and manner, and at such time, as is specified in the notice and, if the notice so requires, the information shall be certified (according as is specified in the notice) F25...—
a
by the chief finance officer of the body, within the meaning of section 127 below, or by such other person as may be specified in the notice; F24...
F24b
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3
If a functional body fails to comply with subsection (2) above, the Mayor may decide—
a
whether to exercise his powers, and how to perform his functions, under this Chapter, or
b
whether the body has acted, or is likely to act, in accordance with this Chapter,
on the basis of such assumptions and estimates as he thinks fit.
4
In deciding—
a
whether to exercise his powers, and how to perform his functions, under this Chapter, or
b
whether a functional body has acted, or is likely to act, in accordance with this Chapter,
the Mayor may also take into account any other information available to him, whatever its source and whether or not obtained under a provision contained in or made under this or any other enactment.
126 Interpretation of Chapter IV.
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In this Chapter—
“capital expenditure” and “capital receipt” have the same meaning as in Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance);
“capital spending plan” means a capital spending plan under section 122 above.
2
References in this Chapter to credit arrangements, or to entering into credit arrangements, shall be construed in accordance with F23Chapter 1 of Part 1 of the Local Government Act 2003 (see section 7 of that Act).