Local Government Act 2003

Chapter 2 E+W Accounts

21 Accounting practices E+W

(1) The Secretary of State may by regulations make provision about the accounting practices to be followed by a local authority, in particular with respect to the charging of expenditure to a revenue account.

[F1 (1A) The Secretary of State may issue guidance about the accounting practices to be followed by a local authority, in particular with respect to the charging of expenditure to a revenue account.

(1B) A local authority must have regard to any guidance issued to it under subsection (1A).]

(2) In any enactment to which this subsection applies, reference to proper practices, in relation to accounts of a local authority, is to those accounting practices—

(a) which the authority is required to follow by virtue of any enactment, or

(b) which are contained in a code of practice or other document which is identified for the purposes of this provision by regulations made by the Secretary of State.

(3) In the event of conflict between practices falling within paragraph (a) of subsection (2) and practices falling within paragraph (b) of that subsection, only those falling within paragraph (a) are to be regarded as proper practices.

(4) Subsections (2) and (3) apply to any enactment contained in—

(a) this Act,

(b) any Act passed after or in the same Session as this Act,

(c) the Local Government and Housing Act 1989 (c. 42),

(d) the Audit Commission Act 1998 (c. 18), and

(e) subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) whenever made.

(5) The power under subsection (2)(b) is not to be read as limited to the identification of an existing document.

(6) In this section, “local authority” includes a parish council, a community council and charter trustees.

Textual Amendments

F1 S. 21(1A)(1B) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 238(2), 245(5); S.I. 2008/172, art. 2(1)(t)

Commencement Information

I1 S. 21 in force at 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004 by S.I. 2003/3034, art. 2, Sch. 1 Pt. I (with Sch. 2 para. 3)

I2 S. 21(1)(5)(6) in force at 18.11.2003 for E. by S.I. 2003/2938, art. 3(a) (with art. 8, Sch.)

I3 S. 21(2)(a)(3)(4) in force at 1.4.2004 for E. by S.I. 2003/2938, art. 7(b) (with art. 8, Sch.)

I4 S. 21(2)(b) in force at 18.11.2003 for specified purposes for E. by S.I. 2003/2938, art. 3(d) (with art. 8, Sch.)

I5 S. 21(2)(b) in force at 1.4.2004 for E. in so far as not already in force by S.I. 2003/2938, art. 7(b) (with art. 8, Sch.)

22 “Revenue account” E+W

(1) References to a revenue account, in relation to a local authority, are to one of the following accounts for a financial year of the authority—

(a) a revenue account which the authority is required to keep by virtue of any enactment;

(b) a revenue account which the authority is required to keep in order to comply with proper practices;

(c) any other revenue account which the authority decides to keep in accordance with proper practices.

(2) This section has effect for the purposes of—

(a) the Local Government and Housing Act 1989 (c. 42),

(b) any enactment passed after or in the same Session as that Act, and

(c) any earlier enactment amended by that Act or an enactment falling within paragraph (b).

(3) In this section, “local authority” includes a parish council, a community council and charter trustees.

Commencement Information

I6 S. 22 in force at 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004 by S.I. 2003/3034, art. 2, Sch. 1 Pt. I (with Sch. 2 para. 3)

I7 S. 22 in force at 1.4.2004 for E. by S.I. 2003/2938, art. 7(a) (with art. 8, Sch.)