Payments following amending reportE+W
[F117(1)This paragraph applies if calculations (“the revised calculations”) are made under paragraph 16(2) or (3) for a year.
(2)In this paragraph “the relevant previous calculations” means the last calculations of the kind referred to in paragraph 13(2) or (3) or 16(2) made for the year.
(3)Sub-paragraph (4) applies where—
(a)a payment shown by the revised calculations as falling to be made by a relevant authority to the Secretary of State exceeds that shown as falling to be made by the relevant previous calculations, or
(b)a payment shown by the revised calculations as falling to be made by the Secretary of State to a relevant authority is less than that shown as falling to be made by the relevant previous calculations.
(4)The authority must make a payment to the Secretary of State of an amount equal to the difference.
(5)Where the relevant previous calculations did not show that a relevant authority was to make a payment to the Secretary of State, but the revised calculations show that the authority is to make a payment to the Secretary of State—
(a)the authority must make that payment to the Secretary of State, and
(b)the authority must make a payment to the Secretary of State of an amount equal to the amount of the payment shown by the relevant previous calculations as falling to be made by the Secretary of State to the authority.
(6)Sub-paragraph (7) applies where—
(a)a payment shown by the revised calculations as falling to be made by a relevant authority to the Secretary of State is less than that shown as falling to be made by the relevant previous calculations, or
(b)a payment shown by the revised calculations as falling to be made by the Secretary of State to a relevant authority exceeds that shown as falling to be made by the relevant previous calculations.
(7)The Secretary of State must make a payment to the authority of an amount equal to the difference.
(8)Where the relevant previous calculations did not show that the Secretary of State was to make a payment to a relevant authority, but the revised calculations show that the Secretary of State is to make a payment to the authority—
(a)the Secretary of State must make that payment to the authority, and
(b)the Secretary of State must make a payment to the authority of an amount equal to the amount of the payment shown by the relevant previous calculations as falling to be made by the authority to the Secretary of State.
(9)A payment by a relevant authority to the Secretary of State under this paragraph—
(a)must be made on or before such day after the end of the year in which the amending report was made, and in such manner, as the Secretary of State may specify, and
(b)if not made on or before that day, is recoverable in a court of competent jurisdiction.
(10)A payment by the Secretary of State to a relevant authority under this paragraph must be made—
(a)at such time, or
(b)in instalments of such amounts and at such times,
as the Secretary of State determines with the Treasury’s consent; but any such time must fall after the end of the year in which the amending report was made.]
Textual Amendments
F1Sch. 7B inserted (with effect in accordance with s. 1(6) of the amending Act) by Local Government Finance Act 2012 (c. 17), s. 1(4), Sch. 1