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The Building (Local Authority Charges) Regulations 2010
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- UK Statutory Instruments
- 2010 No. 404
- Regulation 6
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Principles of charging scheme: overriding objective in determining chargesE+W
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6.—(1) In determining the amount of the charges to be made within a charging scheme, a local authority shall have regard to the overriding objective in paragraph (3).
(2) At the end of the financial year in which a local authority first make a charging scheme, and of each subsequent financial year, the authority shall conduct a review of the level of charges set under their charging scheme in accordance with regulation 7, for the purpose of achieving the overriding objective.
(3) The overriding objective is that the authority must ensure that, taking one financial year with another, the income derived by the authority from performing chargeable functions and providing chargeable advice (“chargeable income”) as nearly as possible equates to the costs incurred by the authority in performing chargeable functions and providing chargeable advice (“chargeable costs”).
(4) Immediately following the review mentioned in paragraph (2) a local authority shall prepare a statement which sets out, as regards the financial year to which it relates—
(a)the chargeable costs;
(b)the chargeable income; and
(c)the amount of any surplus or deficit.
(5) The statement prepared in accordance with paragraph (4) shall be published not more than six months after the end of the financial year to which the statement relates.
(6) The statement to be published under this regulation must be approved by the person having responsibility for the administration of the financial affairs of the local authority under—
(a)section 151 of the Local Government Act 1972(1); or
(b)in the case of the Common Council of the City of London, section 6 of the Local Government and Housing Act 1989(2).
(7) Paragraph (8) applies where—
(a)an authority first makes a charging scheme under these Regulations, and
(b)that scheme first takes effect at any time other than at the beginning of a financial year.
(8) Where this paragraph applies, in determining the charges under their charging scheme, an authority shall have regard to any estimated surplus or deficit arising for that part of the financial year for which an existing scheme made under the Building (Local Authority Charges) Regulations 1998(3) continues to have effect.
(9) A financial year is the period of 12 months beginning with 1st April.
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