http://www.legislation.gov.uk/id/ukpga/1994/39

http://www.legislation.gov.uk/ukpga/1994/39/section/165/1995-04-06

Local Government etc. (Scotland) Act 1994

An Act to make provision with respect to local government and the functions of local authorities; to make amendments in relation to local government finance, local authority accounts and the records of local authorities; to establish a Strathclyde Passenger Transport Authority for the purposes of the Transport Act 1968; to provide for the establishment of new water and sewerage authorities; to provide for the establishment of a council to represent the interests of customers and potential customers of those new authorities; to provide for the vesting in those new authorities of the property, rights and liabilities of the Central Scotland Water Development Board and of such property, rights and liabilities of regional and islands councils as those councils have as water authorities, as providers of sewerage and in relation to dealing with the contents of sewers; to provide for the dissolution of that Board; to cancel certain obligations to contribute towards expenses which have been incurred by local authorities in making provision for sewerage or disposal of sewage in rural localities; to create an office of Principal Reporter and transfer to him the functions of reporters to children’s hearings; to establish a body to facilitate the performance by the Principal Reporter of his functions; to amend the Social Work (Scotland) Act 1968 in relation to children’s hearings; to amend the procedure for making byelaws under section 121 of the Civic Government (Scotland) Act 1982; to transfer to local authorities responsibility for fixing and reviewing polling districts and polling places in Parliamentary elections; to amend section 21 of the Self-Governing Schools etc. (Scotland) Act 1989; to amend the law relating to roads and the placing of traffic signs on roads; to make amendments in relation to valuation and rating; to abolish the Scottish Valuation Advisory Council; to empower the Strathclyde Passenger Transport Authority to guarantee certain obligations; to empower local authorities to make grants to ethnic minorities; to confer on local authorities the function of promoting economic development; to provide for the establishment of area tourist boards; to make amendments in relation to lieutenancies; all as respects Scotland; and for connected purposes.

1994-11-03

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Statute Law Database

2023-06-05

1995-04-06

Part IV Miscellaneous

Finance

165 Powers of authorities to borrow and lend money.

1

The Secretary of State may by regulations made with the consent of the Treasury make provision with respect to the powers of authorities—

a

to borrow and lend money; and

b

to establish and operate loans funds.

2

Regulations under this section may make different provision in respect of different authorities and may include such incidental, supplemental and consequential provision as the Secretary of State considers appropriate.

3

Without prejudice to the generality of the powers conferred by subsections (1) and (2) above, regulations under this section may—

a

specify the purposes for which an authority may borrow money;

b

place limits on amounts which an authority may borrow;

c

specify the means by which an authority may borrow;

d

make provision for—

i

the means by which money borrowed by an authority may be secured; and

ii

the protection of persons borrowing from an authority;

e

specify from whom an authority may borrow or to whom they may lend;

f

specify the terms on which an authority may lend;

g

make provision as to what assets and liabilities may be paid or transferred into or out of a loans fund and on what terms;

h

provide for investigations to be carried out at the instance of the Secretary of State into the administration of a loans fund;

i

place requirements on an authority to obtain such consent as may be prescribed before taking prescribed actions; and

j

where an authority have failed to comply with the regulations, provide for the Secretary of State to apply to the Court of Session for an order ordaining compliance, and for the court to grant such an application if they think fit.

4

Where it appears to the Secretary of State to be necessary or expedient, in the light of any regulations made under this section, to amend any reference in any enactment, whether passed before or after the coming into force of this section—

a

to a loans fund; or

b

to any provision in Schedule 3 to the 1975 Act,

he may by regulations make such amendment.

5

Regulations under this section shall be made by statutory instrument, but shall not be made unless a draft of any such statutory instrument has been laid before and approved by resolution of each House of Parliament.

6

For the purposes of this section “authority” means a local authority, a joint board, a river purification board or the Strathclyde Passenger Transport Authority.