Local Government Finance Act 1988

107 Substituted calculations and precepts. E+W

(1) A charging authority which has received a notice under section 104(10), 105(2) or 106(6) above shall make substitute calculations in relation to the year in accordance with section 95 above, but—

(a) section 95(9) shall be ignored for this purpose, and

(b) the calculations shall be made so as to secure that the amount calculated under section 95(4) does not exceed that stated in the notice.

(2) A precepting authority which has received a notice under section 104(10), 105(3) or 106(6) above shall issue, in substitution for any precept or precepts previously issued by it for the year, a precept or precepts in accordance with sections 68 to 70 above, but—

(a) section 68(2) shall be ignored for this purpose, and

(b) the amount of the precept, or the aggregate amount of the precepts, issued by the authority for the year under this section shall not exceed that stated in the notice.

(3) Where calculations are made under subsection (1) above the following provisions apply accordingly—

(a) Part II,

(b) sections 74, 75, 97, 99 and 100(1)(b) and (6) above, and

(c) sections 110(1), 138(2)(g) and 139(2)(c) below.

(4) Where a precept is issued under subsection (2) above the following provisions apply accordingly—

(a) sections 32(4) and (5), 33(3) and (11), 35(1) F1 . . ., 71(5) and (6), 72, 74, 99 and 100(2)(b) and (7) above, and

(b) sections 110(2), 138(2)(d) and 139(2)(b) below.

Textual Amendments

F1 Words in s. 107(4)(a) repealed (21. 3. 1991) by Community Charges (Substitute Setting) Act 1991 (c. 8), ss. 5(4)(5), 6(3), Sch.