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Statutory Instrument 1989 No. 255

The Local Government Reorganisation (Capital Money) (Greater London) Order 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 255

LOCAL GOVERNMENT, ENGLAND AND WALES LONDON GOVERNMENT

The Local Government Reorganisation (Capital Money) (Greater London) Order 1989

Made24th February 1989
Laid before Parliament3rd March 1989
Coming into force1st April 1989

    The Secretary of State for the Environment, in exercise of the powers conferred upon him by sections 49, 77 and 101 of the Local Government Act 1985[1] and of all other powers enabling him in that behalf, hereby makes the following Order:-


PART I
    Citation and commencement
        1.    This Order may be cited as the Local Government Reorganisation (Capital Money) (Greater London) Order 1989 and shall come into force on 1st April 1989.
    Interpretation
        2.—(1)  In this Order -
      "the abolished council" means the Greater London Council; "the 1980 Act" means the Local Government, Planning and Land Act 1980[2];
      "the 1985 Act" means the Local Government Act 1985;
      "the 1988 Order" means the Local Government Reorganisation (Capital Money) (Greater London) Order 1988[3];
      "capitalised subsidies" means the money described in paragraph (2)(b) below;
      "compensation payments" means any payment made under Part VI of the Employment Protection (Consolidation) Act 1978[4], by section 1 of the Pensions (Increase) Act 1971[5] or by any order under section 2 of that Act or section 59 of the Social Security Pensions Act 1975[6], the Local Government Reorganisation (Compensation) Regulations 1986[7] or the Local Government Reorganisation (Reduction of Redundancy Payments Cases) Scheme 1986[8] or made in satisfaction of contractual rights saved by section 53 of the 1985 Act, but excluding any part of any such payment which is recoverable from any person other than the recipient; and includes such administrative expenses of the Residuary Body as are properly attributable to such payments;
      "County Hall" means the buildings previously owned by the abolished council and known as the Main Building, the North Block, the South Block, the Island Block and the Addington Street Annexe, all ancillary service areas and car parks and the bridge which links the Island and South Blocks;
      "direct capital receipts" means the money described in paragraph (2)(a) below;
      "disposal" means disposal by operation of law or otherwise;
      "other property" means any vehicle, vessel, movable and immovable plant, machinery and apparatus;
      "relevant land" means any land other than -
         (a) land held as an investment of a superannuation fund maintained under regulations made under section 7 of the Superannuation Act 1972[9]; and
         (b) land in respect of which the Residuary Body is the mortgagee;
      "the rating authorities" means the rating authorities in Greater London other than the Temples;
      "the Residuary Body" means the London Residuary Body.


        (2)  For the purposes of section 77 of the 1985 Act and this Order, except article 8, "capital money" means -
       (a) money received by the Residuary Body which is attributable to the disposal of relevant land or other property by that Body;
       (b) such amount of any money paid by the Secretary of State to the Residuary Body pursuant to section 64(2) (commutation of housing payments) of the 1985 Act as is -
         (i) attributable to any entitlement of the abolished council by virtue of section 245 (contributions towards environmental works in housing action areas), section 259 (contributions towards works, etc. in general improvement areas) or section 516 (contributions towards grants for works of improvement, repair and conversion) of the Housing Act 1985[10] or Schedule 19 to that Act (contributions under section 36 of the Housing (Financial Provisions) Act 1958 and section 16 of the Housing Act 1969); and
         (ii) referable to the financial year beginning 1st April 1989 or any subsequent year; and
       (c) an amount of the Residuary Body's revenue balances equal to the amount specified in article 3(1).


Notes:

[1] 1985 c. 51.

[2] 1980 c. 65.

[3] S.I. 1988/359, amended by S.I. 1988/2202.

[4] 1978 c. 44.

[5] 1971 c. 56; section 2 was repealed by section 65(3) of the Social Security Pensions Act 1975 but without prejudice to any existing order made under section 2.

[6] 1975 c. 60.

[7] S.I. 1986/151.

[8] Made under section 59(3) of the Local Government Act 1985.

[9] 1972 c. 11.

[10] 1985 c. 68; sections 245, 259 and 516 are re-enactments of section 46 of the Housing Act 1974 (c. 44), section 37 of the Housing Act 1969 (c. 33) and section 78 of the Housing Act 1974 which applied to the Greater London Council. See section 2 of the Housing (Consequential Provisions) Act 1985 (c. 71) for the construction of references to earlier provisions.

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