C1C2C3C5C4 Part I Council Tax: England and Wales

Annotations:
Modifications etc. (not altering text)
C1

Pt. I (ss. 1-69) modified (6.3.1992) by Local Government Act 1992 (c. 19), s. 18(1)(a)(b).

C2

Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/549, art.3.

C3

Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/550, arts. 3, 4

Pt. I (ss. 1-69) modified (28.11.1994) by S.I. 1994/2825, reg. 3

C5C4F1CHAPTER IVA LIMITATION OF COUNCIL TAX AND PRECEPTS

Annotations:
Amendments (Textual)
F1

Chapter 4A (ss. 52A-52Z) inserted (27.7.1999 with effect as mentioned in s. 30(2) of the amending Act.) by 1999 c. 27, s. 30(1), Sch. 1 para. 1

Designation for year under consideration

52F Challenge of maximum amount.

1

This section applies if an authority designated under section 52D(2)(a) above informs the F15Welsh Ministers by notice in writing under section 52E(5)(a) above.

2

After considering any information falling within subsection (3) below the F16Welsh Ministers shall either—

a

proceed under subsection (4) below (in which case subsections (5) to (10) below shall also apply), or

b

proceed under subsection (11) below.

3

Information falling within this subsection is—

a

information which is supplied by the authority and is of a kind and provided in a form specified by the F2Welsh Ministers for the purposes of this section;

b

any other information F3they think is relevant.

4

If F4they proceed under this subsection the F5Welsh Ministers —

a

shall make an order stating the amount which the amount calculated by the authority as its budget requirement for the year is not to exceed;

b

may alter the target amount for the year.

5

The following paragraphs apply for the purposes of subsection (4) above—

a

the amount stated under subsection (4)(a) above may not exceed the amount already calculated by the authority as its budget requirement for the year unless in the F6Welsh Ministers' opinion the authority failed to comply with section 32 or 43 above (as the case may be) in making the calculation;

b

subject to paragraph (a) above, the amount stated under subsection (4)(a) above may be the same as, or greater or smaller than, that stated in the notice under section 52E(2)(d) above;

c

the F7Welsh Ministers may alter the target amount for the year under subsection (4)(b) above only if the amount stated under subsection (4)(a) above is greater or smaller than that stated in the notice under section 52E(2)(d) above.

F186

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

An order under this section—

a

shall not be made unless a draft of it has been laid before and approved by resolution of the F17National Assembly for Wales;

b

may relate to two or more authorities.

8

As soon as is reasonably practicable after an order under this section is made the F8Welsh Ministers shall serve on the authority (or each authority) a notice stating—

a

the amount stated in the case of the authority concerned in the order;

b

the altered target amount for the year (if F9they alter it in the case of the authority concerned).

9

When F10they serve a notice under subsection (8) above on a precepting authority the F11Welsh Ministers shall also serve a copy of it on each billing authority to which the precepting authority has power to issue a precept.

10

In applying subsection (5)(a) above the F12Welsh Ministers shall ignore any calculation for which another has been substituted at the time of designation.

11

If the F13Welsh Ministers proceed under this subsection F14they shall—

a

cancel the designation of the authority under section 52D(2)(a) above as regards the year and notify the authority in writing of the cancellation, and

b

nominate the authority under section 52D(2)(b) above;

and in such a case the designation under section 52D(2)(a) above and the notification under section 52E above shall be treated as not having been made.