Part 1Structural and boundary change in England

Chapter 2Control of disposals etc

I124Authorities dissolved by orders: control of disposals, contracts and reserves

1

The Secretary of State may direct that, with effect from a date specified in the direction, a relevant authority may not without the written consent of a person or persons so specified—

a

dispose of any land if the consideration for the disposal exceeds £100,000;

b

enter into any capital contract—

i

under which the consideration payable by the relevant authority exceeds £1,000,000; or

ii

which includes a term allowing the consideration payable by the relevant authority to be varied;

c

enter into any non-capital contract under which the consideration payable by the relevant authority exceeds £100,000, where—

i

the period of the contract extends beyond a date specified in the direction; or

ii

under the terms of the contract, that period may be extended beyond that date; or

d

include an amount of financial reserves in a calculation under section F131A(3) or 42A(3) of the Local Government Finance Act 1992 (c. 14).

2

In this Chapter “relevant authority” means a local authority—

a

which by virtue of an order under section 7 or 10 is to be dissolved; and

b

which is specified, or of a description specified, in the direction.

3

In this section—

  • capital contract” means a contract as regards which the consideration payable by the relevant authority would be capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (c. 26) (capital finance);

  • non-capital contract” means a contract which is not a capital contract.

4

A person specified in the direction as a person whose consent is required may be the Secretary of State or such authority or other person as he thinks appropriate; and the direction may specify different persons—

a

in relation to different matters for which consent is required;

b

in relation to different relevant authorities or descriptions of relevant authority.