Local Government Finance Act 1988

[F1 Part 3 E+W Payments to the Secretary of State in respect of the central share

Textual Amendments

F1 Sch. 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

Payments to the Secretary of State in respect of the central share E+W

6 (1) This paragraph applies if a local government finance report for a year is approved by resolution of the House of Commons.

(2) Each billing authority in England must make a payment for the year to the Secretary of State of an amount equal to the central share of the billing authority’s non-domestic rating income for the year.

(3) For the purposes of this paragraph, an authority’s “non-domestic rating income” has the meaning given by regulations made by the Secretary of State.

(4) The regulations may, in particular, define that term by reference to the total which, if the authority acted diligently, would be payable to it in respect of the year under sections 43 and 45, subject to such adjustments as may be specified in the regulations.

(5) The regulations may, in particular, make provision for adjustments by reference to changes to the calculation of the amount of a billing authority’s non-domestic rating income for an earlier year but not taken into account in that calculation.

(6) This paragraph is subject to regulations under paragraph 8.

Modifications etc. (not altering text)

C1 Sch. 7B para. 6 modified (17.2.2014) by The Non-Domestic Rating (Designated Areas) Regulations 2014 (S.I. 2014/98), regs. 1, 5, Sch. 2

Regulations about administrative arrangements E+W

7 (1) The Secretary of State may by regulations make provision about the administration of payments under paragraph 6.

(2) The regulations may, in particular, make provision—

(a) about the time and manner in which a payment under paragraph 6 or under regulations under this paragraph is to be made (including for payment by instalments), and as to the consequences of non-payment;

(b) about the making of a payment by a billing authority to the Secretary of State or vice versa where—

(i) a payment under paragraph 6 is made in the course of the year to which it relates, and

(ii) it is subsequently determined that the amount of the payment required to be made under that paragraph is more or less than that actually made;

(c) about the making of a payment by a billing authority to the Secretary of State or vice versa where—

(i) a calculation of a payment under paragraph 6 is made by reference to an estimate of an amount, and

(ii) it is subsequently determined that the actual amount is more or less than the estimate.

Regulations about deductions from central share payments E+W

8 (1) The Secretary of State may by regulations make provision for the deduction from a payment to be made under paragraph 6 by a billing authority to the Secretary of State of an amount to be determined in accordance with the regulations.

(2) The regulations may, in particular, make provision for the determination of an amount to be deducted to be made by reference to the operation in relation to the billing authority of section 47 (discretionary relief).

(3) The consent of the Treasury is required to regulations under this paragraph.]