Public Works Loans Act 1965

1965 CHAPTER 63_I1

An Act to make further provision with respect to loans out of the Local Loans Fund; and for connected purposes.

[5th August 1965]

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F12 New form of local loan and automatic charge for securing it. _cross-notes

(1) ^M1 The [^F2 Treasury ^F2] may, without first taking security under section 12 of the Public Works Loans Act 1875 , enter into an agreement for [^F3 making a local loan to a relevant authority under section 3 of the National Loans Act 1968 ^F3] ; and in this section “ relevant authority ” means—

(a)in relation to England and Wales,

[^F4 (i) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

[^F5 (ia)a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;^F5]

(ii) a levying body within the meaning of section 74 of [^F6 the Local Government Finance Act 1988 ^F6] ; ^F7 . . .

(iii) a body as regards which section 75 of that Act applies [^F8 and^F8] ^F9[^F10 . . . ^F10^,^F4]]

(iv)^F11a functional body, within the meaning of the Greater London Authority Act 1999 ...

^F11(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F12 (b)in Scotland—

(i) any local authority within the meaning of the ^M2 Local Government (Scotland) Act 1973,

(ii)any joint board or joint committee within the meaning of that Act, and

(iii)any other authority having the power to requisition any sum from any such local authority.^F12]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F13(3)Where the [^F14Treasury^F14] make an agreement to which this section applies with a relevant authority other than one authorised to borrow money under [[^F15^,^F16 section 1 of [^F17 or paragraph 2 of Schedule 1 to,^F17] the Local Government Act 2003^F16] (borrowing powers)^F15] or [^F18Schedule 3 to the ^M3Local Government (Scotland) Act 1975^F18] then, so long as any part of the principal of and interest on the loan remains outstanding, the loan shall be a charge on all the revenues of the authority (including any grants or contributions from the Exchequer which are receivable by the authority).

(4)A charge imposed on an authority’s revenues by the last foregoing subsection shall, subject to any provision to the contrary applicable to the charge which has been made by or under any enactment, rank equally with any other charges on those revenues.

(5) The enactments specified in the Schedule to this Act shall have effect subject to the adaptations and modifications set out in that Schedule, being adaptations and modifications consequential on the foregoing provisions of this section; and in that Schedule “ automatic charge ” means a charge imposed, for securing a loan made in pursuance of an agreement to which this section applies, by [[^F19^,^F20 section 13 of the Local Government Act 2003 ^F20] (security for money borrowed) ^F19] by [^F21 paragraph 8 of Schedule 3 to the said Act of 1975 ^F21] or by subsection (3) of this section.

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F224 Short title, interpretation, extent and commencement.

(1)This Act may be cited as the Public Works Loans Act 1965.

(2)In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including this Act.

(3)This Act shall not extend to Northern Ireland.

(4)This Act, except section 1, shall come into operation on the expiration of the period of three months beginning with the passing thereof.

Section 2(5).

SCHEDULE Adaptations and Modifications of Enactments

Commissioners Clauses Act 1847(10 & 11 Vict. c. 16)

1 Sections 75 and 81, as incorporated with [^F23any enactment^F23] applicable to a relevant authority within the meaning of section 2 of this Act, shall not apply to an automatic charge.

1 _E1 Sections 75 and 81, as incorporated with [^F29section 87 of the ^M4Land Drainage Act 1976^F29] or with any other enactment applicable to a relevant authority within the meaning of section 2 of this Act, shall not apply to an automatic charge.

2 In section 82, as so incorporated [^F24or as incorporated with section 55 of the Land Drainage Act 1991^F24] , the reference to a mortgage deed shall be construed as including a reference to an agreement to which section 2 of this Act applies.

2 _E2 In section 82, as so incorporated, the reference to a mortgage deed shall be construed as including a reference to an agreement to which section 2 of this Act applies.

Public Works Loans Act 1875(38 & 39 Vict. c. 89)

3 ^F25 In the following provisions, that is to say, sections 8 . . . any reference to that Act shall include a reference to section 2 of this Act.

4 In section 11 the reference to such security as is required by that Act shall be construed as including a reference to any automatic charge.

5 Section 12 shall not apply to a loan secured by an automatic charge.

6 Section 19 shall, in relation to an automatic charge, have effect as if any reference to the date of the mortgage included a reference to the date of the making of the relevant agreement and as if any reference to interest mentioned in the mortgage included a reference to interest mentioned in the agreement.

7 In section 38 the reference to any security previously given to the [^F26Treasury^F26] , and in sections 46 and 50 any reference to a security made or granted under that Act, shall include a reference to an automatic charge in their favour.

8, 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F27 10 ^F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in force	Provision is in force
in force*	In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
italics	Defined term
_dfn	Defined term (alternative style)
gry bckgrd	the in-force status of the provision is complex, check the footnotes

in force

Provision is in force

in force*

In force only for specified purposes (for detail about the purposes see/hover footnote)

not in force

Not in force in England (may be in force in other geographies, see footnotes)

italics

Defined term

_dfn

Defined term (alternative style)

gry bckgrd

the in-force status of the provision is complex, check the footnotes

footnote	commentary	related provisions	geo extent	insert/omit
C1	S. 2 extended by Public Works Loans Act 1967 (c. 61), s. 2(1), (E.W.) Local Government Act 1972 (c. 70), Sch. 13 Pt. I para. 2(1)(f) and (S.) Local Government (Scotland) Act 1975 (c. 30), Sch. 3 para. 2(1)(f)
C2	S. 2(3) restricted by Public Works Loans Act 1967 (c. 61), s. 2(2)
C3	S. 2(5) modified by Public Works Loans Act 1967 (c. 61), s. 2(2)(b)
E1	This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
E2	This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
F1	S. 1 repealed by National Loans Act 1969 (c. 13), Sch. 6 Pt. II			repealed
F2	Word in s. 2(1) substituted (25.2.2020) by The Public Bodies (Abolition of Public Works Loan Commissioners) Order 2020 (S.I. 2020/176), art. 1(2), Sch. 1 para. 61(2)(a) (with art. 9)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.		substituted
F3	Words in s. 2(1) substituted (25.2.2020) by The Public Bodies (Abolition of Public Works Loan Commissioners) Order 2020 (S.I. 2020/176), art. 1(2), Sch. 1 para. 61(2)(b) (with art. 9)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.		substituted
F4	S. 2(1)(a)(i)–(iii) substituted (E.W.) for words by S.I. 1990/776, art. 8, Sch. 3 para. 10		substituted: England and Wales	substituted
F5	S. 2(1)(a)(ia) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 21(2); S.I. 2004/2304, art. 2; S.I. 2004/2197, art. 2		substituted: England and Wales	substituted
F6	Words in s. 2(1)(a)(ii) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 21(3); S.I. 2004/2304, art. 2; S.I. 2004/2197, art. 2		substituted: England and Wales	substituted
F7	Word in s. 2(1)(a) repealed (3.7.2000) by 1999 c. 29, ss. 139(2), 423, Sch. 34 Pt. I (with Sch. 12 para.9(1); S.I 1999/3434, art. 4, Sch. 2 Table 2	this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.		repealed
F8	Word in s. 2(1)(a)(iii) inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 125(a); S.I. 2005/910, art. 3(y)			inserted
F9	Word in s. 2(1)(a) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(i)	this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.		repealed
F10	S. 2(1)(a)(iv) and word “and” immediately preceding added (3.7.2000) by 1999 c. 29, s. 139(2) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 4, Sch. 2 Table 2	this amendment (text added) should be read in conjunction with other related provisions, see the commentary.		added
F11	S. 2(1)(a)(v) and preceding word repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 125(b), Sch. 10; S.I. 2005/910, art. 3(y)			repealed
F12	S. 2(1)(b)(i)–(iii) substituted (S.) for s. 2(1)(b) by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), ss. 2, 6, Sch. 1 Pt. III para 22		substituted: Scotland	substituted
F13	S. 2(2) repealed (E.W.) by Local Government Act 1972 (c. 70), Sch 30 and (S.) by Local Government (Scotland) Act 1975 (c. 30), Sch. 7		repealed: England and Wales	repealed
F14	Word in s. 2(3) substituted (25.2.2020) by The Public Bodies (Abolition of Public Works Loan Commissioners) Order 2020 (S.I. 2020/176), art. 1(2), Sch. 1 para. 61(3) (with art. 9)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.		substituted
F15	Words substituted by virtue of Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(1), 195(2), Sch. 11 para. 6(a) (subject to a saving in S.I. 1990/431, Sch. 1 para. 1(c)			substituted
F16	Words in s. 2(3) substituted (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004, 1.4.2004 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 2(a); S.I. 2003/2938, art. 7(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England	substituted
F17	Words in s. 2(3) inserted (1.4.2004) by The Local Authorities (Capital Finance) (Consequential, Transitional and Saving Provisions) Order 2004 (S.I. 2004/533), arts. 1, 7(4)			inserted
F18	Words substituted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 30(b)			substituted
F19	Words substituted by virtue of Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(1), 195(2), Sch. 11 para. 6(b) (subject to a saving in S.I. 1990/431, Sch. 1 para. 1(c)			substituted
F20	Words in s. 2(5) substituted (27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1.4.2004, 1.4.2004 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 2(b); S.I. 2003/2938, art. 7(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted: England	substituted
F21	Words substituted by Local Government (Scotland) Act 1975 (c. 30), s. 38(1), Sch. 6 Pt. II para. 30(c)			substituted
F22	S. 3 repealed by Finance Act 1967 (c. 54), Sch. 16 Pt. VII			repealed
F23	Sch. para. 1: Words in Sch. 1 para. 1 expressed to be substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 15(a)		substituted: England and Wales	substituted
F24	Sch. para. 2: Words in Sch. 1 para. 2 expressed to be inserted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para. 15(b)		inserted: England and Wales	inserted
F25	Words repealed by Public Works Loans Act 1967 (c. 61), s. 2(3)			repealed
F26	Word in Sch. para. 7 substituted (25.2.2020) by The Public Bodies (Abolition of Public Works Loan Commissioners) Order 2020 (S.I. 2020/176), art. 1(2), Sch. 1 para. 62 (with art. 9)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.		substituted
F27	Sch. paras. 8, 9 repealed by Local Government Act 1972 (c. 70), Sch. 30			repealed
F28	Sch. para. 10 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7			repealed
F29	Words substituted by Land Drainage Act 1976 (c. 70), Sch. 7 para. 6			substituted
I1	Act partly in force at Royal Assent; Act wholly in force at 5.11.1965 see s. 4(4)
M1	1875 c. 89.
M2	1973 c. 65.
M3	1975 c. 30.
M4	1976 c. 70.

Defined Term	Section/Article	ID	Scope of Application
automatic charge	s. 2	def_28572e536b
relevant authority	s. 2	def_db3f4a848a

Public Works Loans Act 1965

1965 CHAPTER 63I1