C1C2C3C4C6C5C8C7C9C10C11Part 1Capital finance etc and accounts

Annotations:
Modifications etc. (not altering text)
C1

Meaning of “local authority” in Pt. 1 modified (5.3.2008) by Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 9(9)(c)

C2

Meaning of “local authority” in Pt. 1 modified (28.3.2008) by Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 20(7)(c)

C3

Pt. 1 applied (15.1.2014) by Humber Bridge Act 2013 (c. vi), ss. 1(1), 8(4)

Chapter 1Capital finance etc

F1Risk management: England

Annotations:
Amendments (Textual)

12BRisk thresholds

1

For the purposes of section 12A(2)(a), a risk threshold is breached by a local authority in England if (and when) a capital risk metric for the local authority breaches the specified threshold for that metric.

2

Each of the following is a “capital risk metric”—

a

the total of a local authority’s debt (including credit arrangements) as compared to the financial resources at the disposal of the authority;

b

the proportion of the total of a local authority’s capital assets which is investments made, or held, wholly or mainly in order to generate financial return;

c

the proportion of the total of a local authority’s debt (including credit arrangements) in relation to which the counter-party is not central government or a local authority;

d

the amount of minimum revenue provision charged by a local authority to a revenue account for a financial year;

e

any other metric specified by regulations made by the Secretary of State.

3

The Secretary of State may, by regulations, make further provision—

a

specifying whether the specified threshold for a particular metric is breached by a failure to reach that threshold or by that threshold being exceeded;

b

about how the metrics specified in, or under, subsection (2) are to be calculated for the purpose of determining whether the specified threshold for that metric has been breached.

4

Before making regulations under subsection (2)(e), the Secretary of State must consult all local authorities in England.

5

In this section—

  • capital asset” has the meaning given by section 9;

  • minimum revenue provision” has the meaning given by regulation 27 of the Local Authorities (Capital Finance and Accounting)(England) Regulations 2003 (S.I. 2003/3146);

  • specified” means specified, or determined in a manner specified, in regulations made by the Secretary of State.

6

Regulations may require a specified threshold to be determined having regard to guidance issued under section 21(1A) (accounting practices).