Local Government Act 1985

74 Levies. E+W

(1) A residuary body may in respect of any financial year beginning after the date on which it is established make levies on the rating authorities in its area to meet all liabilities falling to be discharged by it for which provision is not otherwise made.

(2) The amount to be levied by a residuary body in respect of any financial year from each of the rating authorities in its area shall be determined by apportioning the total amount to be levied by that body in respect of that year between those authorities in proportion to the populations of their respective areas; and for that purpose the population of any area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to such date as the Secretary of State may from time to time direct.

(3) A levy on a rating authority shall be made by issuing the authority with a demand stating the date or dates on or before which a payment or payments in respect of the levy are required to be made and the amount of that payment or each of those payments; and such demand must be issued, or information as to the amount to be subsequently demanded must be given, to a rating authority not less than twenty-one days before the beginning of the financial year to which the levy relates.

(4) The following enactments—

(a) sections 11 and 12(8) and (9) of the M1 General Rate Act 1967 (money to be raised by precepts and liability for interest where amount due under a precept is unpaid);

(b) section 15 of that Act (power to secure payment of precept); and

(c) section 14 of the M2 Rates Act 1984 (information as to precepts and precepting authorities),

shall apply to a levy issued by a residuary body and to such a body as they apply to a precept issued by a precepting authority and to such an authority taking the reference in section 11 to rates as a reference to levies and with the omission in subsection (1) of section 15 of the words “the rating authority have refused or through wilful neglect or wilful default to raise that amount by a rate, or that, having raised the amount by a rate”.

(5) For the purposes of any other enactment . . . F1 any sum levied under this section shall be treated as money to be raised out of a rate.

(6) In this section references to the area of a residuary body are references to the area for which it is established.

Textual Amendments

F1 Words repealed by Local Government and Housing Act 1989 (c.42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

Modifications etc. (not altering text)

C1 S. 74 modified by Education Reform Act 1988 (c.40, SIF 41:1), ss. 185(4), 231(7), 235(6)

C2 S. 74(2)(3) modified by S.I. 1986/399, arts. 1, 9(3)

C3 S. 74(5) extended by S.I. 1986/399, arts. 1, 9(5)

Marginal Citations

M1 1967 c. 9.

M2 1984 c. 33.