The Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2004

Welsh Statutory Instruments

2004 No. 451 (W.42)

COUNCIL TAX, WALES

The Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2004

Made

24th February 2004

Coming into force

25th February 2004

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on the Secretary of State by sections 43(7)(a), 44(4) and 113 of the Local Government Finance Act 1992(1) and which are now vested in the National Assembly for Wales so far as exercisable in relation to Wales(2).

Name, commencement, application and interpretation

1.—(1) These Regulations are called The Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2004 and they shall come into force on the 25th February 2004.

(2) These Regulations apply only to Wales.

(3) In these Regulations a reference to a numbered section is a reference to a section of the Local Government Finance Act 1992.

Calculation of budget requirement (major precepting authorities)

2.  The constituents of the calculation to be made under section 43(3) are altered in respect of the financial year commencing 1st of April 2004 to the extent that paragraph (a)(i) shall have effect as if it included, in addition to the matters already specified therein, any other unhypothecated revenue payments made to a police authority by the Secretary of State for the Home Office for that year.

Calculation of basic amount of tax

3.  In consequence of the provision made by regulation 2 above, the constituents of the calculation to be made under section 44(1) are altered in respect of the financial year commencing 1st of April 2004 to the extent that the definition of “P” shall have effect as if it included, in addition to the matters already specified therein, any other unhypothecated revenue payments made to a police authority by the Secretary of State for the Home Office for that year.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3).

D. Elis-Thomas

The Presiding Officer of the National Assembly

24th February 2004

Explanatory Note

(This note is not part of the Regulations)

Sections 43 and 44 of the Local Government Finance Act 1992 (“the 1992 Act”) prescribe the rules according to which major precepting authorities must calculate their budget requirements and the basic amount of their council tax for each financial year. In making these calculations, authorities must take into account certain sums which they estimate will be payable to them in respect of the year.

These Regulations modify sections 43 and 44 of the 1992 Act such that police authorities in Wales (which are major precepting authorities for the purposes of the 1992 Act) must take into account any sums in the form of additional unhypothecated revenue payments which they may receive from the Home Office for the financial year 2004/5 (as well as the other sums referred to in these sections) when making their budget requirement calculations and council tax calculations for that year.

(1)

1992 c. 14.

(2)

See S.I. 1999/672 The National Assembly for Wales (Transfer of Functions) (Wales) Order 1999.

(3)

1998 c. 38.