Local Government Finance Act 1992

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Local Government Finance Act 1992

Changes over time for: Section 52Q

Alternative versions:

Status:

Point in time view as at 03/12/2011.

Changes to legislation:

Local Government Finance Act 1992, Section 52Q is up to date with all changes known to be in force on or before 27 June 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.

Changes to Legislation

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[F152Q Challenge of maximum amount.E+W

(1)This section applies if—

(a)an authority designated under section 52M above informs the [F2Welsh Ministers] by notice in writing under subsection (8)(a) of that section, or

(b)an authority designated under section 52P above informs the [F3Welsh Ministers] by notice in writing under subsection (8)(a) of that section.

(2)After considering any information falling within subsection (3) below the [F4Welsh 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 [F5Welsh Ministers] for the purposes of this section;

(b)any other information [F6they 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 [F7Welsh 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 [F8Welsh 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 [F10National 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 [F11Welsh 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 [F12they alter] it in the case of the authority concerned).

(8)When [F13they serve] a notice under subsection (7) above on a precepting authority the [F14Welsh 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 [F15Welsh Ministers] shall ignore any calculation for which another has been substituted at the time of designation.]

Textual Amendments

F1Chapter 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

F2Words 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)

F3Words 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)

F4Words 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)

F5Words 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)

F6Words 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)

F7Words 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)

F8Words 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)

F9S. 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)

F10Words 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)

F11Words 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)