Local Government Finance Act 1992

33 Calculation of basic amount of tax. E+W

(1) In relation to each financial year a billing authority shall calculate the basic amount of its council tax by applying the formula—

where—

R is the amount calculated (or last calculated) by the authority under section 32(4) above as its budget requirement for the year;

P is the aggregate of the sums which the authority estimates will be payable for the year into its general fund in respect of redistributed non-domestic rates, revenue support grant or additional grant;

T is the amount which is calculated by the authority as its council tax base for the year and, where one or more major precepting authorities have power to issue precepts to it, is notified by it to those authorities (“the major precepting authorities concerned") within the prescribed period.

(2) Where the aggregate calculated (or last calculated) by the authority for the year under subsection (2) of section 32 above does not exceed that so calculated under subsection (3) of that section, the amount for item R in subsection (1) above shall be nil.

(3) The aggregate of the sums mentioned in item P in subsection (1) above [F1 shall be increased or reduced by the amount calculated in accordance with the following formula, according to whether that amount is positive or negative—

where—

W is the amount of any sum which the authority estimates will be transferred in the year from its collection fund to its general fund in accordance with section 97(3) of the 1988 Act;

X is the amount of any sum which the authority estimates will be transferred from its collection fund to its general fund pursuant to the directions under section 98(4) of that Act made on 12th October 1992 and credited to a revenue account for the year [F2 together, in the case of the Common Council, with the amount of any sum which the Common Council estimates will be transferred from its collection fund to its City fund pursuant to a direction under section 98(4) of that Act in respect of an amount calculated by reference to the provisional amount of its non-domestic rating contribution under Part II of Schedule 8 to that Act and credited to a revenue account for the year];

Y is the amount of any sum which the authority estimates will be transferred in the year from its general fund to its collection fund in accordance with section 97(4) of that Act;

Z is the amount of any sum which the authority estimates will be transferred from its general fund to its collection fund pursuant to the directions under section 98(5) of that Act made on 12th October 1992 and charged to a revenue account for the year.]

(4) Regulations under section 32(9) above may make such consequential alterations of the constituents of any calculation required by item P in subsection (1) above or subsection (3) above (whether by adding, deleting or amending items) as appear to the Secretary of State to be necessary or expedient.

(5) The Secretary of State shall make regulations containing rules for making for any year the calculation required by item T in subsection (1) above; and a billing authority shall make the calculation for any year in accordance with the rules for the time being effective (as regards the year) under the regulations.

(6) Regulations prescribing a period for the purposes of item T in subsection (1) above may provide that, in any case where a billing authority fails to notify its calculation to the major precepting authorities concerned within that period, that item shall be determined in the prescribed manner by such authority or authorities as may be prescribed.

Textual Amendments

F1 In s. 33(3) the constituents of the calculation required by item P are altered (for England only) (4.11.1992) by S.I. 1992/2429, reg. 4 by the substitution of words.

F2 In s. 33(3) the constituents of the calculation required by item P are altered (for England only) (2.3.1993) by S.I. 1993/401, reg.4 by the insertion of words in the definition of item X in that subsection

Modifications etc. (not altering text)

C5 Pt. I Ch. III (ss. 30-38) modified (E.) (1.2.1993) by S.I. 1993/22, art. 3(4)

C6 Pt. I Chs. III-IV (ss. 30-52) modified (E.) (1.2.1993) by S.I. 1993/22, art. 4(2)