- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (16/07/2014)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 21/05/2016
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Local Government Finance Act 1988, Section 75 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies as regards any body—
(a)which has no power to levy a rate by virtue of regulations under section 118 below, or
(b)whose power to levy a rate is modified by regulations under that section.
(2)The [F1appropriate Minister] may make regulations conferring on any such body power to issue in respect of prescribed chargeable financial years and in accordance with the regulations—
(a)a special levy (to be so called) to such [F2billing authority] as is prescribed as regards the body concerned, or
(b)special levies (to be so called) to such [F3billing authorities] as are prescribed as regards the body concerned.
(3)The regulations may include provision as to the body’s expenditure, or the proportion of its expenditure, which may be met from the proceeds of a special levy or special levies.
(4)The regulations may include provision_
(a)as to when special levies are to be issued;
(b)imposing a maximum limit on special levies;
(c)as to apportionment where a body issues special levies to more than one [F4billing authority];
(d)conferring a power to issue special levies by way of substitute for others;
(e)as to the payment (in instalments or otherwise) of amounts in respect of which special levies are issued;
(f)conferring a right to interest on anything unpaid.
(5)The regulations may include provision requiring a [F4billing authority] to treat as special expenses any expenses needed to meet a special levy issued to it.
(6)The regulations may include provision—
F5[(a)that a billing authority making calculations in accordance with section [F631A or] 32 of the Local Government Finance Act 1992 (originally or by way of substitute) may anticipate a special levy;]
(b)as to the treatment as special expenses of amounts so anticipated;
(c)as to the treatment of any special levy actually issued.
F7[(7)The regulations may include—
(a)provision equivalent to anything in Chapter III or IV of Part I of the Local Government Finance Act 1992 or regulations made under either Chapter (subject to such modifications as the appropriate Minister thinks fit);
(b)provision amending or adapting any provision of that Act in consequence of any provision included under subsection (6) above.]
[F8(8)In this section “the appropriate Minister” has the same meaning as in section 118 below.]
Textual Amendments
F1Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 55(2)
F2Words in s. 75(2)(a) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 73(1)(a) (with s. 118(1)(2)(4))
F3Words in s. 75(2)(b) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 73(1)(b) (with s. 118(1)(2)(4))
F4Words in s. 75(4)(c)(5) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 73(2) (with s. 118(1)(2)(4))
F5S. 75(6)(a) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 73(3) (with s. 118(1)(2)(4))
F6Words in s. 75(6)(a) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 3; S.I. 2011/2896, art. 2(i)
F7S. 75(7) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 73(4) (with s. 118(1)(2)(4))
F8S. 75(8) added by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 55(4)
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