Local Government Act 1974

Part III E+W The Resources Element

7 E+W No payment in respect of the resources element shall be made to a local authority for any year unless in that year the rateable value per head of population of the authority’s area is less than the national standard rateable value per head of population.

8 E+W In relation to the resources element, the national standard rateable value per head of population shall be of such amount as may be prescribed.

9 (1) In relation to the resources element, the rateable value per head of population of the area of a local authority for any year shall be determined by— E+W

(a) ascertaining the aggregate of the effective rateable values of all the hereditaments in the area of the authority, including any hereditament which, by virtue of any enactment, any body is to be treated as occupying in that area; and

(b) dividing the aggregate figure so ascertained by the population of the authority’s area, determined for that year in accordance with regulations made by the Secretary of State.

(2) For the purposes of sub-paragraph (1) above, “effective rateable value”, in relation to any hereditament, means such value as may be determined in accordance with regulations made by the Secretary of State; and any such regulations may make different provision in relation to different types of hereditament.

10 (1) Subject to any provision made by virtue of section 4(5) of this Act and to paragraph 11 below, the amount of the resources element payable to a local authority for any year shall be an amount arrived at by multiplying the local deficiency in rateable value for that year by the amount in the pound which in accordance with sub-paragraph (3) below is determined as the uniform rate in that year for the authority’s area. E+W

(2) For the purposes of sub-paragraph (1) above, “local deficiency in rateable value”, in relation to any authority for any year, means the product of—

(a) the amount by which, in that year, the national standard rateable value per head of population exceeds the rateable value per head of population of the authority’s area; and

(b) the population of the authority’s area, determined for that year as mentioned in paragraph 9(1)(b) above.

(3) For the purposes of sub-paragraph (1) above “the uniform rate” in any year for the area of a local authority means the amount in the pound determined by dividing—

(a) so much of the total estimated expenditure to be incurred by the authority during that year (as mentioned in section 2(1) of the M1 General Rate Act 1967) as falls to be met by the authority out of the general rate for that year, by

(b) the aggregate of the effective rateable values of all the hereditaments in the area of the authority determined as for the purposes of paragraph 9(1) above.

Modifications etc. (not altering text)

C1 Sch. 2 para. 10(3) modified by Housing Finance (Special Provisions) Act 1975 (c. 67), s. 6(4)

Marginal Citations

M1 1967 c. 9.

11 (1) If, after the amount of the resources element payable to a local authority for any year has been determined under paragraph 10 above,— E+W

(a) the rateable values of hereditaments in the authority’s area are reduced with effect from a date on or before that which is relevant for determining the aggregate of the effective rateable values of all the hereditaments in the authority’s area for that year under paragraph 9 above, and

(b) the effect of that reduction is to produce a reduction in the aggregate of the effective rateable values of all the hereditaments in the authority’s area which is of such a magnitude that, expressed as a percentage of the initially ascertained aggregate figure, it exceeds such percentage as may be specified for the purposes of this paragraph in regulations made by the Secretary of State, and

(c) the authority by notice in writing request the Secretary of State to give a direction under this paragraph,

the Secretary of State shall direct that the amount of the resources element payable to the authority for that year shall be recalculated in accordance with the following provisions of this paragraph and a further payment on account of that element shall be made to the local authority accordingly.

(2) Where sub-paragraph (1) above applies—

(a) the rateable value per head of population of the local authority’s area for the year concerned shall be recalculated under paragraph 9 above by treating the initially ascertained aggregate figure as reduced by the amount of the excess referred to in sub-paragraph (1)(b) above; and

(b) subject to any provision made by virtue of section 4(5) of this Act, paragraph 10 above shall have effect accordingly for the purpose of determining the amount which, on the basis of that recalculation, would have been payable to the authority for that year.

(3) The further payment referred to in sub-paragraph (1) above shall be an amount equal to the difference between the amount previously paid to the authority for the year concerned on account of the resources element and the amount determined as mentioned in sub-paragraph (2)(b) above.

(4) In this paragraph “the initially ascertained aggregate figure”, in relation to any year, means the aggregate figure ascertained under paragraph 9(1)(a) above for the purposes of the first determination of the amount of the resources element payable to the authority in that year.

(5) The provisions of this paragraph shall have effect notwithstanding that the actual aggregate amount of the resources element for the year concerned may have been specified in an order under section 4(1) of this Act, and if any amount has been so specified it shall be treated as having been increased to such amount as may be necessary to provide for any further payment made to a local authority under this paragraph.