The Local Authorities (Capital Finance) Regulations 1997

Arrangement for improving street lighting

44.—(1) An arrangement to which paragraph (2) applies shall be excluded from section 49(2), and the initial cost and the cost at any time of such an arrangement shall be calculated in accordance with regulation 45.

(2) This paragraph applies to a credit arrangement where—

(a) the arrangement is for the carrying out of works which are intended to improve the system of lamps, lamp posts and other materials and apparatus which supplies the means of lighting streets, markets and public buildings in the area of the authority (“the lighting system”);

(b) the works consist of the installation of new lamps, lamp posts and other materials and apparatus;

(c) the person with whom the arrangement is made is required under the arrangement, or under a separate contract entered into no later than the date of the arrangement, to maintain and repair the lighting system in whole or in part; and

(d) the lighting system—

(i) was provided by the authority in the exercise of powers under section 161 of the Public Health Act 1875(1) or section 97 of the Highways Act 1980 (lighting of highways)(2); or

(ii) has vested in the authority by virtue of section 270 of the Highways Act 1980 (transfer of lighting systems).

(1)

1875 c. 55.

(2)

1980 c. 66.