The Local Authorities (Capital Finance) (Amendment No. 2) Regulations 1996

• Citation: S.I. 1996/2121
• Sections: 7

Section 1 Commencement and citation

These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment No. 2) Regulations 1996 and shall come into force on 4th September 1996.

Section 2 Amendment of Regulations

The Local Authorities (Capital Finance) Regulations l990 shall be amended in accordance with the provisions of these Regulations.

Section 3 Initial and subsequent cost of credit arrangements

In regulation 7 —

(a) in paragraph (5C)(b), for “lst October 1997”substitute “1st April 1999”;

(b) in paragraph (5D), omit the words “exceeds three years and”; and

(c) in paragraph (5D)(b), after “the authority had a freehold interest in the land, or”insert the word “acquired”.

Section 4 Reserved part of capital receipts

In regulation 14, in paragraph (19), for sub-paragraph (e) substitute the following sub-paragraph —

(e) if, at the time of the authority’s decision to dispose of their interest in the land, the land was subject to a contract for an agricultural tenancy, the authority have offered to dispose of their interest to the tenant under the tenancy at a price not exceeding an amount determined in accordance with the formula —

where —

“P1”means the price which the authority would reasonably expect to be agreed for a sale of the interest on the open market subject to a surrender of the tenancy; and

“P2”means the price which the authority would reasonably expect to be agreed for a sale of the interest on the open market subject to the tenancy.

Section 5 Capital receipts to be treated as reduced: replacement of assets

In regulation 18 —

(a) in paragraph (3), after sub-paragraph (a) insert the following sub-paragraph —

(aa) the land is a defective dwelling within the meaning of Part XVI of the Housing Act 1985 (assistance for owners of defective housing); or

(b) in paragraph (3)(b), for “immediately before the disposal”substitute “at the time of the authority’s decision to make the disposal”, and at the end of that paragraph omit the word “or”;

(c) omit paragraph (3)(c); and

(d) in paragraph (4), for sub-paragraphs (b) and (c) substitute the following sub-paragraph —

(b) at the same time as making that decision, the authority decided to acquire a new interest in the land after the disposal, or an interest in any other land, or to carry out works on any land, and either —

(i) if the land is of a description mentioned in paragraph (3)(a) or (aa) above, to use the new land for the purposes of Part II of the Housing Act 1985; or

(ii) if the land is of a description mentioned in paragraph (3)(b) above, to use the new land for the same qualifying purpose, or a different purpose within the same category as that which includes the same qualifying purpose.

Section 6 Capital receipts to be treated as reduced: disposals of dwellings to certain purchasers

In regulation 19D —

(a) in paragraph (2), for sub-paragraph (e) substitute the following sub-paragraph —

(e) the authority is satisfied that any person wishing to buy the relevant lease would be unlikely, for reasons which do not relate to the personal or financial status of that person, or the terms of that lease, or the condition of the flat or the building in which the flat is situated, to obtain from a lending institution an advance —

(i) secured by a mortgage of the relevant lease for a term of twenty-five years, and

(ii) of an amount equal to 75 per cent. of the value of that lease determined, not more than three months before the date of the disposal, in accordance with paragraph (4) below; and

(b) in paragraph (6), with respect to the meaning of “approved surveyor”, for “is reasonably believed by the former tenant to have”substitute “has”.

Section 7 Capital receipts not wholly in money paid to the authority

In regulation 20, in paragraph (3A) —

(a) in sub-paragraph (a), for “paragraphs 1 to 10 or 15 to 18 of Part I of Schedule 2 to these Regulations”substitute “any of the categories 2 to 10 of Schedule 2 to these Regulations, or for the purposes of the fire service”, and for paragraph (ii) substitute the following paragraph —

(ii) is a defective dwelling within the meaning of Part XVI of the Housing Act 1985 (assistance for owners of defective housing); or

(b) in sub-paragraph (b), for “paragraphs 1 to 10 or 15 to 18 of Part I or column (2) of Part II of Schedule 2 to these Regulations”substitute “any of the categories 2 to 10 of Schedule 2 to these Regulations, or for the purposes of the fire service, or for the purposes of Part II of the Housing Act 1985”.