The Local Government (Magistrates' Courts etc.) Order 1986

Reimbursement of residuary body

9.—(1) Paragraphs 2 to 6 below apply where the residuary body:—

(a) pays compensation under the Local Government Reorganisation (Compensation) Regulations 1986, as those Regulations have effect under Article 5 of this Order;

(b) makes a redundancy payment to a person under section 59 of the 1985 Act, as that section has effect under Article 7 of this Order;

(c) discharges any liability of an existing magistrates' courts committee which is vested in it under section 62 of the 1985 Act as that section has effect under Article 8 of this Order;

(d) defrays the cost of an increase in pension in relation to a pension specified in paragraph 64B of Schedule 2 to the Pensions (Increase) Act 1971(1) in respect of which the residuary body is the pension authority where the pension is payable in respect of service described in paragraph 47 of that Schedule;

(e) discharges any liability of the Greater London Council under Part VI of the 1979 Act which is vested in it under section 62 of the 1985 Act; or

(f) incurs any costs reasonably attributable to paying any such compensation, making any such payment, discharging any such liability or defraying any such cost of increase as is referred to in sub-paragraphs (a) to (e) above.

(2) The residuary body may in respect of any financial year beginning after 31st March 1986 make levies on the outer London borough councils in respect of any compensation, payment, liability, cost of increase or costs in paragraph (1) above which the residuary body pays, makes, discharges, defrays or incurs.

(3) Section 74(2) and (3) of the 1985 Act shall apply for the purposes of determining the amount to be levied in respect of each financial year from each of the outer London borough councils under paragraph (2) above and how such levy is to be made as those subsections apply to a levy made under subsection (1) of that section.

(4) Section 74(4) of the 1985 Act shall apply in relation to a levy under this article and the residuary body as it applies to a levy issued by a residuary body under subsection (1) of that section and to such a body and for those purposes references in sections 11, 12(8) and 15 of the General Rate Act 1967(2) and in section 14 of the Rates Act 1984(3) to a rating authority shall be taken to be references to an outer London borough council.

(5) Section 74(5) of the 1985 Act shall apply to a sum levied under paragraph (2) of this article as it applies to a sum levied under section 74.

(6) Section 59 of the Justices of the Peace Act 1979 shall apply in relation to the payment by an outer London borough council of a levy made under paragraph (2) above as it applies to payments by such a council as a responsible authority under section 12 of that Act.

(7) The following provisions of paragraph 1 of Schedule 3 to the Pensions (Increase) Act 1971(4) shall not apply in relation to the cost of an increase of a pension specified in paragraph 64B of Schedule 2 to that Act where the pension is payable in respect of service described in paragraph 47 of the said Schedule 2:—

(a) so much of sub-paragraph (1) as follows the first reference in that sub-paragraph to the pension authority; and

(b) sub-paragraphs (2) and (3).

(1)

paragraph 64B of Schedule 2 was inserted by section 61(2) of the Local Government Act 1985 (c. 51).

(2)

sections 11, 12(8) and 15 were applied by section 74(4) of the Local Government Act 1985.

(3)

section 14 was applied by section 74 of the Local Government Act 1985.

(4)

Schedule 3 was amended by section 61(3) of the Local Government Act 1985 (c. 51).