The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 1999

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 1999 and shall come into force on 6th February 1999.

(2) In these Regulations, “the 1992 Act” means the Local Government Finance Act 1992.

(3) These Regulations have effect in relation to the financial year beginning on 1st April 1999 and in relation to authorities in England only.

Budget requirement (billing authorities)—calculation

2.  Section 32 of the 1992 Act shall be read as if–

(a) in paragraph (e) of subsection (2)(1), for the words from “pursuant to a direction under that subsection” to the end of that paragraph there were substituted the following–

“either–

(i) pursuant to a direction under that subsection relating to the difference between amounts in respect of community charges credited and charged to a revenue account for any earlier financial year, or

(ii) pursuant to the direction under that subsection which is contained in the Collection Fund (Council Tax Benefit) (England) Direction 1999 made by the Secretary of State on 3rd February 1999(2).”;

(b) for subsection (12)(3) there were substituted the following subsection–

“(12) In this section and section 33 below–

“police grant” means so much of the grant payable in accordance with paragraph 3.1 of the relevant police grant report as excludes the amounts shown in column (b) of the Table set out below that paragraph;

“relevant special grant” means any of the following grants, that is to say–

(i)

the special grant payable in accordance with paragraphs 4 and 7 of the special grant report for England (Special Grant Report (No. 37)) approved by a resolution of the House of Commons pursuant to section 88B of the 1988 Act(4) on 4th February 1999; and

(ii)

the special grant payable in accordance with paragraphs 5 and 8 of that special grant report; and

(iii)

the special grant payable in accordance with paragraphs 6 and 9 of that special grant report;

and in this subsection “the relevant police grant report” means the police grant report (The Police Grant Report (England and Wales) 1999/2000) approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996(5) on 4th February 1999.”.

Basic amount of council tax (billing authority)—calculation

3.  Section 33(3)(6) of the 1992 Act shall be read as if–

(a) there were substituted for the formula the following–

“”;

(b) there were added after the definition of the figure Z the following–

• “E is the same amount as it is in the direction mentioned in section 32(2)(e)(ii) above (being an amount representing the authority’s contribution to council tax benefit resulting from the increase in its council tax)”.

Budget requirement (major precepting authorities)—calculation

4.  Paragraph (a) of section 43(2) of the 1992 Act shall be read as if for the words from “other than expenditure which it estimates” to the end of that paragraph, there were substituted the following–

“other than–

(i) expenditure which it estimates will be so incurred in pursuance of regulations under section 99(3) of the 1988 Act, and

(ii) expenditure which it estimates, in accordance with the Schedule to the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 1999 (estimated contribution to council tax benefit), might be so incurred in making payments to billing authorities;”.

Basic amount of council tax (major precepting authorities)—calculation

5.  Section 44(3) of the 1992 Act shall be read as if–

(a) the word “and” at the end of paragraph (a) were omitted;

(b) there were added after paragraph (b) the following–

“and

(c) reduced by the aggregate amount of any sums which the authority estimates, in accordance with the Schedule to the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 1999 (estimated contribution to council tax benefit), might be paid by it in the year to billing authorities.” .

Calculation of expenditure etc.

6.  The Schedule to these Regulations has effect for the purpose of the alterations made by regulations 4 and 5 above.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

4th February 1999