Slum Clearance Subsidy Regulations 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/618 |
| Year | 1974 |
1974 No. 618
HOUSING, ENGLAND AND WALES
The Slum Clearance Subsidy Regulations 197429thMarch 1974
29thMarch 1974
31stMarch 1974
ARRANGEMENT OF REGULATIONS
Regulation
No.
1. Citation and commencement.
2. Interpretation.
3. The slum clearance loss.
4. Items not to be taken into account unless approved by the Secretary of State.
5. Items not to be taken into account.
6. Land appropriated to slum clearance functions.
7. Slum clearance land appropriated to other functions.
8. Slum clearance land appropriated for the provision of open space, school playing fields, or allotment gardens.
9. Exchanges of land.
10. Capital expenditure treated as revenue expenditure.
11. Capital items.
12. Apportionment.
13. Land acquired in the six year period ending on 31st March 1971.
The Secretary of State for the Environment and the Secretary of State for Wales, with the concurrence of the Treasury, in exercise of their powers under subsections (3), (4), (5), (6), (8) and (10) of section 11 of the Housing Finance Act 1972(a) and all other powers enabling them in that behalf, hereby make the following regulations: —
Citation and commencement
1. These regulations may be cited as the Slum Clearance Subsidy Regulations 1974 and shall come into operation on 31st March 1974.
Interpretation
2.—(1) The Interpretation Act 1889(b) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
(a) 1972 c. 47.
(b) 1889 c. 63.
(2) In these regulations, unless the context otherwise requires—
"the 1957 Act" means the Housing Act 1957(a);
"the 1972 Act" means the Housing Finance Act 1972;
"equivalent annual amount" means an equivalent annual amount ascertained in accordance with the provisions of regulation 11;
"expenditure" means any expenditure incurred, or deemed by regulation 6 or 9(1) to be incurred, by the local authority in or in connection with the exercise of their slum clearance functions;
"loans fund" means a consolidated loans fund, a loans fund, or a loans pool;
"receipt" means any receipt due, or deemed by regulation 7 or 9(2) to be due, to the local authority in or in connection with the exercise of their slum clearance functions; and
"slum clearance land" means land for the time being held by the local authority for the purposes of their slum clearance functions.
(3) For the purposes of these regulations, any interest on compensation or purchase-money paid by the local authority in connection with the acquisition of land for the purposes of their slum clearance functions shall be treated as part of such compensation or purchase-money, as the case may be.
(4) In these regulations, any reference to a numbered regulation shall be construed as a reference to the regulation bearing that number in these regulations.
(5) In these regulations, unless the context otherwise requires, any reference to an enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.
The slum clearance loss
3.—(1) Subject to the following provisions of these regulations, a local authority incur a loss for any year (beginning with the year 1971-72) in or in connection with the exercise of their slum clearance functions if their aggregate expenditure for that year exceeds their aggregate receipts for that year, and the amount of any such loss shall be equal to the excess.
(2) For the purposes of paragraph (1) of this regulation—
(a) a local authority's aggregate expenditure for any year shall be the aggregate of:
(i) their revenue expenditure for that year, including any capital expenditure treated under regulation 10 as revenue expenditure for that year; and
(ii) the equivalent annual amounts for that year in respect of their capital expenditure;
and
(b) the local authority's aggregate receipts for any year shall be the aggregate of:
(i) their revenue receipts for that year; and
(ii) the equivalent annual amounts for that year in respect of their capital receipts.
(a) 1957 c. 56.
Items not to be taken into account unless approved by the Secretary of State
4.—(1) No account shall be taken under any of the provisions of these regulations of—
(a) any expenditure or receipts in connection with land adjoining a clearance area, which is acquired by agreement or pursuant to a blight notice, or which is appropriated to slum clearance functions, or
(b) any expenditure under section 290 of the Local Government Act 1933(a) or section 250 of the Local Government Act 1972(b) (both of which sections relate to the power to direct inquiries) in respect of the costs of any person other than the Secretary of State,
unless, and except so far as, the expenditure is approved by the Secretary of State.
(2) In this regulation, "blight notice" means a notice served by virtue of section 70 or 73(1) of the Land Compensation Act 1973(c).
Items not to be taken into account
5. No account shall be taken under any of the provisions of these regulations of—
(a) any expenditure or receipts under section 18 or sections 30 to 32 of the 1957 Act so far as those provisions relate to section 9, section 10 or section 12 of that Act (unfit premises); or
(b) any expenditure under section 67 of the 1957 Act (costs of opposing orders) in respect of the expenses of any person other than the Secretary of State; or
(c) any expenditure or receipts in connection with land acquired by the local authority before 1st April 1965; or
(d) subject to regulation 13, any expenditure or receipts incurred or due before 1st April 1971; or
(e) any expenditure in respect of the appropriation to slum clearance functions, or any receipts in respect of the disposal or appropriation from slum clearance functions, of land appropriated to slum clearance functions by the local authority at any time, if the authority acquired that land in the period of six years beginning on 1st April 1965...
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