Local Government Finance Act 1992

[F1 Position after designation under section 52M or 52P E+W

Textual Amendments

F1 Chapter 4A (ss. 52A-52Z) inserted (27.7.1999 with effect as mentioned in s. 30(2) of the amending Act.) by 1999 c. 27, s. 30(1), Sch. 1 para. 1

52Q Challenge of maximum amount. E+W

(1) This section applies if—

(a) an authority designated under section 52M above informs the [F2 Welsh Ministers] by notice in writing under subsection (8)(a) of that section, or

(b) an authority designated under section 52P above informs the [F3 Welsh Ministers] by notice in writing under subsection (8)(a) of that section.

(2) After considering any information falling within subsection (3) below the [F4 Welsh Ministers] —

(a) shall make an order stating the amount which the amount calculated by the authority as its budget requirement for the year is not to exceed;

(b) may alter the target amount for the year.

(3) Information falling within this subsection is—

(a) information which is supplied by the authority and is of a kind and provided in a form specified by the [F5 Welsh Ministers] for the purposes of this section;

(b) any other information [F6 they think] is relevant.

(4) The following paragraphs apply for the purposes of subsection (2) above—

(a) if the authority has already calculated an amount as its budget requirement for the year, the amount stated under subsection (2)(a) above may not exceed the amount already calculated unless in the [F7 Welsh Ministers'] opinion the authority failed to comply with section 32 or 43 above (as the case may be) in making the calculation;

(b) subject to paragraph (a) above, the amount stated under subsection (2)(a) above may be the same as, or greater or smaller than, that stated in the notice under section 52M(4)(b) or 52P(4)(b) above (as the case may be);

(c) the [F8 Welsh Ministers] may alter the target amount for the year under subsection (2)(b) above only if the amount stated under subsection (2)(a) above is greater or smaller than that stated in the notice under section 52M(4)(b) or 52P(4)(b) above (as the case may be).

F9 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An order under this section—

(a) shall not be made unless a draft of it has been laid before and approved by resolution of the [F10 National Assembly for Wales];

(b) may relate to two or more authorities.

(7) As soon as is reasonably practicable after an order under this section is made the [F11 Welsh Ministers] shall serve on the authority (or each authority) a notice stating—

(a) the amount stated in the case of the authority concerned in the order;

(b) the altered target amount for the year (if [F12 they alter] it in the case of the authority concerned).

(8) When [F13 they serve] a notice under subsection (7) above on a precepting authority the [F14 Welsh Ministers] shall also serve a copy of it on each billing authority to which the precepting authority has power to issue a precept.

(9) In applying subsection (4)(a) above the [F15 Welsh Ministers] shall ignore any calculation for which another has been substituted at the time of designation.

Textual Amendments

F2 Words in s. 52Q(1)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(2); S.I. 2011/2896, art. 2(i)

F3 Words in s. 52Q(1)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(2); S.I. 2011/2896, art. 2(i)

F4 Words in s. 52Q(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(3); S.I. 2011/2896, art. 2(i)

F5 Words in s. 52Q(3)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(4)(a); S.I. 2011/2896, art. 2(i)

F6 Words in s. 52Q(3)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(4)(b); S.I. 2011/2896, art. 2(i)

F7 Words in s. 52Q(4)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(5)(a); S.I. 2011/2896, art. 2(i)

F8 Words in s. 52Q(4)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(5)(b); S.I. 2011/2896, art. 2(i)

F9 S. 52Q(5) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(6), Sch. 25 Pt. 12; S.I. 2011/2896, art. 2(i)

F10 Words in s. 52Q(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(7); S.I. 2011/2896, art. 2(i)

F11 Words in s. 52Q(7) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(8)(a); S.I. 2011/2896, art. 2(i)

F12 Words in s. 52Q(7)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(8)(b); S.I. 2011/2896, art. 2(i)

F13 Words in s. 52Q(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(9)(a); S.I. 2011/2896, art. 2(i)

F14 Words in s. 52Q(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(9)(b); S.I. 2011/2896, art. 2(i)

F15 Words in s. 52Q(9) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(10); S.I. 2011/2896, art. 2(i)

52R Acceptance of maximum amount. E+W

(1) This section applies if—

(a) an authority designated under section 52M above informs the [F16 Welsh Ministers] by notice in writing under subsection (8)(b) of that section, or

(b) an authority designated under section 52P above informs the [F17 Welsh Ministers] by notice in writing under subsection (8)(b) of that section.

(2) As soon as is reasonably practicable after [F18 they receive] the notice the [F19 Welsh Ministers] shall serve on the authority a notice stating the amount which the amount calculated by it as its budget requirement for the year is not to exceed; and the amount stated shall be that stated in the notice under section 52M(4)(b) or 52P(4)(b) above (as the case may be).

(3) When [F20 they serve] a notice under subsection (2) above on a precepting authority the [F21 Welsh Ministers] shall also serve a copy of it on each billing authority to which the precepting authority has power to issue a precept.

Textual Amendments

F16 Words in s. 52R(1)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 20(2); S.I. 2011/2896, art. 2(i)

F17 Words in s. 52R(1)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 20(2); S.I. 2011/2896, art. 2(i)

F18 Words in s. 52R(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 20(3)(a); S.I. 2011/2896, art. 2(i)

F19 Words in s. 52R(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 20(3)(b); S.I. 2011/2896, art. 2(i)

F20 Words in s. 52R(3) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 20(4)(a); S.I. 2011/2896, art. 2(i)

F21 Words in s. 52R(3) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 20(4)(b); S.I. 2011/2896, art. 2(i)

52S No challenge or acceptance. E+W

(1) This section applies if—

(a) the period mentioned in section 52M(8) above ends without an authority designated under section 52M above informing the [F22 Welsh Ministers] by notice in writing under paragraph (a) or (b) of section 52M(8), or

(b) the period mentioned in section 52P(8) above ends without an authority designated under section 52P above informing the [F23 Welsh Ministers] by notice in writing under paragraph (a) or (b) of section 52P(8).

(2) As soon as is reasonably practicable after the period ends the [F24 Welsh Ministers] shall make an order stating the amount which the amount calculated by the authority as its budget requirement for the year is not to exceed; and the amount stated shall be that stated in the notice under section 52M(4)(b) or 52P(4)(b) above (as the case may be).

(3) An order under this section—

(a) shall not be made unless a draft of it has been laid before and approved by resolution of the [F25 National Assembly for Wales] ;

(b) may relate to two or more authorities.

(4) As soon as is reasonably practicable after an order under this section is made the [F26 Welsh Ministers] shall serve on the authority (or each authority) a notice stating the amount stated in the case of the authority concerned in the order.

(5) When [F27 they serve] a notice under subsection (4) above on a precepting authority the [F28 Welsh Ministers] shall also serve a copy of it on each billing authority to which the precepting authority has power to issue a precept.

Textual Amendments

F22 Words in s. 52S(1)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 21(2); S.I. 2011/2896, art. 2(i)

F23 Words in s. 52S(1)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 21(2); S.I. 2011/2896, art. 2(i)

F24 Words in s. 52S(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 21(3); S.I. 2011/2896, art. 2(i)

F25 Words in s. 52S(3) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 21(4); S.I. 2011/2896, art. 2(i)

F26 Words in s. 52S(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 21(5); S.I. 2011/2896, art. 2(i)

F27 Words in s. 52S(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 21(6)(a); S.I. 2011/2896, art. 2(i)

F28 Words in s. 52S(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 21(6)(b); S.I. 2011/2896, art. 2(i)

52T Duty of designated billing authority. E+W

(1) This section applies if a billing authority receives a notice under section 52Q(7), 52R(2) or 52S(4) above.

(2) If it has not made calculations in relation to the year in accordance with sections 32 to 36 above, in making such calculations it shall secure that the amount calculated by it as its budget requirement for the year does not exceed that stated in the notice.

(3) If it—

(a) has made calculations in relation to the year in accordance with sections 32 to 36 above, or

(b) has made substitute calculations in relation to the year in accordance with section 37 above,

it shall make substitute calculations in relation to the year in accordance with sections 32 to 36 above, ignoring section 32(10) above for this purpose.

(4) The substitute calculations shall be made so as to secure—

(a) that the amount calculated by the authority as its budget requirement for the year does not exceed that stated in the notice, and

(b) that any amount calculated under section 33(1) or 34(2) or (3) above as the basic amount of council tax applicable to any dwelling does not exceed that so calculated in the previous calculations.

(5) Subsection (4)(b) above does not apply in a case where the amount stated in the notice exceeds that already calculated by the authority as its budget requirement for the year.

(6) In making substitute calculations under section 33(1) or 34(3) above the authority must use any amount determined in the previous calculations for item P or T in section 33(1) or item TP in section 34(3).

(7) For the purposes of subsection (6) above the authority may treat any amount determined in the previous calculations for item P in section 33(1) above as increased by the amount of any sum which—

(a) it estimates will be payable for the year into its [F29 council] fund in respect of additional grant, and

(b) was not taken into account by it in making those calculations.

(8) References in this section to the amount stated in the notice are, in the case of a notice under section 52Q(7) above, to the amount stated under section 52Q(7)(a).

Textual Amendments

F29 Word in s. 52T(7)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 22; S.I. 2011/2896, art. 2(i)

Modifications etc. (not altering text)

C1 Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 8

C2 Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 7

C3 S. 52T modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), reg. 1(2), Sch. 2 para. 7

52U Duty of designated precepting authority. E+W

(1) This section applies if a major precepting authority receives a notice under section 52Q(7), 52R(2) or 52S(4) above.

(2) If it has not made calculations in relation to the year in accordance with—

F30 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) sections 43 to 48 above F31 ...,

in making such calculations it shall secure that the amount calculated by it as its budget requirement for the year does not exceed that stated in the notice.

F32 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the authority F33 ... has made—

(a) calculations in accordance with sections 43 to 48 above, or

(b) substitute calculations in accordance with section 49 above,

in relation to the year, it shall make substitute calculations in relation to the year in accordance with sections 43 to 48.

(5) The substitute calculations required by subsection F34 ... (4) shall be made so as to secure—

(a) that the amount calculated by the authority as its budget requirement for the year does not exceed that stated in the notice, and

(b) that any amount calculated under section 44(1) or 45(2) or (3) above as the basic amount of council tax applicable to any dwelling does not exceed that so calculated in the previous calculations.

F35 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Subsection (5)(b) above does not apply in a case where the amount stated in the notice exceeds that already calculated by the authority as its budget requirement for the year.

(8) In making substitute calculations under section 44(1) or 45(3) above the authority must use any amount determined in the previous calculations for item P or T in section 44(1) above or item TP in section 45(3) above.

F36 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) For the purposes of subsection (8) above the authority may treat any amount determined in the previous calculations for item P in section 44(1) above as increased by the amount of any sum which—

(a) it estimates will be payable to it for the year in respect of additional grant, and

(b) was not taken into account by it in making those calculations.

F37 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) References in this section to the amount stated in the notice are, in the case of a notice under section 52Q(7) above, to the amount stated under section 52Q(7)(a).

Textual Amendments

F30 S. 52U(2)(a) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 23(2)(a), Sch. 25 Pt. 12; S.I. 2011/2896, art. 2(i)

F31 Words in s. 52U(2)(b) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 23(2)(b), Sch. 25 Pt. 12; S.I. 2011/2896, art. 2(i)

F32 S. 52U(3) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 23(3), Sch. 25 Pt. 12; S.I. 2011/2896, art. 2(i)

F33 Words in s. 52U(4) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 23(4), Sch. 25 Pt. 12; S.I. 2011/2896, art. 2(i)

F34 Words in s. 52U(5) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 23(5), Sch. 25 Pt. 12; S.I. 2011/2896, art. 2(i)

F35 S. 52U(6) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 23(6), Sch. 25 Pt. 12; S.I. 2011/2896, art. 2(i)

F36 S. 52U(9) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 23(7), Sch. 25 Pt. 12; S.I. 2011/2896, art. 2(i)

F37 Ss. 52U(11)-(13) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 23(8), Sch. 25 Pt. 12; S.I. 2011/2896, art. 2(i)

52V Failure to make or substitute calculations. E+W

(1) This section applies if an authority which has received a notice under section 52Q(7), 52R(2) or 52S(4) above fails before the relevant date to make calculations or substitute calculations which comply with section 52T or 52U above (as the case may be).

(2) The relevant date is the following date falling in the financial year immediately preceding that as regards which the authority is designated—

(a) 11th March, in the case of a billing authority;

(b) 1st March, in the case of a major precepting authority.

[F38 (3) In the case of a billing authority, the Welsh Ministers may direct the authority to comply with section 52T.

(3A) A direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.]

(4) In the case of a major precepting authority, any authority to which it has power to issue a precept shall have no power during the period of restriction to pay anything in respect of a precept issued by it for the financial year as regards which the designation concerned was made.

(5) For the purposes of this section the period of restriction is the period which—

(a) begins with the relevant date, and

(b) ends at the time (if any) when the authority makes calculations or substitute calculations which comply with section F39 ... 52U above.]

Textual Amendments

F38 S. 52V(3)(3A) substituted for s. 52V(3) (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 24(2); S.I. 2011/2896, art. 2(i)

F39 Words in s. 52V(5)(b) repealed (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 24(3), Sch. 25 Pt. 12; S.I. 2011/2896, art. 2(i)