The Local Authorities (Capital Finance) Regulations 1997

Regulations 41, 42 and 99

SCHEDULE 1USE OF LAND FOR A SPECIFIED PURPOSE

In relation to a local authority’s use of land, a purpose is specified in a category of this Schedule if it falls within any of the following categories, or if a dwelling is situated on the land and the purpose is use as a dwelling by a person employed for a purpose falling within any of the following categories except category 10—

1.  the fire service or police service, the magistrates' courts services, the probation service, or the functions conferred on the authority under section 2 of the Civil Defence Act 1948(1)

2.  a hostel for the homeless, or the social services functions of a local authority within the meaning given to that expression in the Local Authority Social Services Act 1970(2);

3.  a school, or an institution providing further education, or training, or education for adults;

4.  an archive, a library, a museum or an art gallery;

5.  a community hall, a conference centre, a theatre, a concert hall, a leisure centre or other indoor recreation, a swimming pool, or a pier;

6.  a bus station, a vehicle depot, a garage, or a public park for cars, caravans, lorries or other vehicles;

7.  an allotment, a smallholding, a cemetery, a playing field (other than a school playing field), a golf course, or a park or other public open space;

8.  an industrial unit, a dog compound, a market, a public convenience, or the disposal of waste, or (except so far as falling within any other category) a workshop, a kitchen, a warehouse, or the storage of goods or equipment;

9.  a town hall, or local authority offices (other than offices which fall within any other category); or

10.  a house or other dwelling provided by a local authority for a person in their employment who is entitled to occupy it as as a term of his employment (other than a dwelling falling within any of the preceding categories).

Regulation 138

SCHEDULE 2MINIMUM REVENUE PROVISION SAVINGS AND COMMUTATION ADJUSTMENTS

PART 1Interpretation

1.  In this Schedule—

• “the authority”, “the current year”, “the housing amount” and “the last year” have the same meanings as in Part XII of these Regulations;

• “commuted payment” means a commuted payment(3) (within the meaning which that expression has in section 157) which, in the financial year beginning on 1st April 1992, was paid to the authority, or to the Public Works Loans Commissioners to reduce or extinguish any debt of the authority;

• “periodic payment” means any annual or other periodic payment in relation to which a commuted payment was determined; and

• “relevant debt” means—

  (a)

  the amount by which any debt of the authority to the Public Works Loan Commissioners was reduced by a commuted payment; or

  (b)

  where such a debt was extinguished by a commuted payment, the amount of the debt.

PART 2Commutation Adjustments

2.  The authority’s commutation adjustment for the current year shall be determined in accordance with the formula—

PART 3Minimum Revenue Provision Savings

3.  Subject to paragraph 5, where the authority’s adjusted credit ceiling on the last day of the last year was a negative amount, the authority’s minimum revenue provision savings for the current year shall be determined in accordance with the formula—

4.  Subject to paragraph 5, where the authority’s adjusted credit ceiling on the last day of the last year was nil or a positive amount, the authority’s mimimum revenue provision savings for the current year shall be determined in accordance with the formula—

5.  The authority’s mimimum revenue provision savings for the current year may be nil but shall not be a negative amount.

PART 4INTEREST SAVINGS AND THE AMOUNT IN RESPECT OF INTEREST

6.  Subject to paragraph 8, for the purposes of Part 2 of this Schedule, the amount of the authority’s interest savings for the current year shall be determined in accordance with the formula—

7.  In order to calculate item “DI” in the formula in paragraph 6, the authority shall calculate for each relevant debt an amount equal to the percentage of the debt which was chargeable by way of interest on the debt on the date on which the debt was reduced or extinguished by a commuted payment.

8.  The authority’s interest savings for the current year may be nil but shall not be a negative amount.

9.  Subject to paragraph 10, for the purposes of Part 2 of this Schedule, the amount in respect of interest for the current year shall be determined in accordance with the formula—

10.  The amount in respect of interest for the current year may be nil but shall not be a negative amount.

Regulation 162

SCHEDULE 3SUBORDINATE LEGISLATION REVOKED