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SCHEDULES

SCHEDULE 4E+W The Commissions

Modifications etc. (not altering text)

C1Sch. 4 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3

[F1 Expenses of the CommissionsE+W

Textual Amendments

F1Sch. 4 paras. 6–8 substituted for paras. 6–11 by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 24(1)(3)

6(1)[F2the Commission for Local Administration in England] shall be treated as if they were a specified body for the purposes of sections 78 and 79 (revenue support grant) of the Local Government Finance Act 1988 (“the 1988 Act”), and those sections shall accordingly have effect with the following modifications.E+W

(2)Before making a determination under section 78 of the 1988 Act, the Secretary of State shall, except in the case mentioned in paragraph 8 below, take into account estimates of the expenses of [F3the Commission for Local Administration in England] together with any observations thereon made and submitted to him in accordance with paragraph 7 below.

(3)The Secretary of State may also take into account any other information available to him as to the expenses of [F4the Commission for Local Administration in England], whatever its source.

(4)A determination under section 78 of the 1988 Act shall not be invalid merely because the requirements of paragraph 7 below were not complied with.

F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 4 para. 6A substituted for Sch. 4 para. 6(5) (27.11.2003) by Local Government Act 2003 (c. 26), s. 128(4)(f), Sch. 7 para. 5(3) (with Sch. 7 para. 5(6)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Modifications etc. (not altering text)

C2Sch. 4 para. 6 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 4

[F56A(1)The Commission for Local Administration in Wales shall be treated as if they were a specified body for the purposes of Chapter 3 of Part 5 of the 1988 Act (revenue support grant: Wales), and that Chapter shall accordingly have effect with the following modifications.E+W

(2)Before making a determination under section 84F(2) or (3) of the 1988 Act, the National Assembly for Wales shall, except in the case mentioned in paragraph 8A below, take into account—

(a)estimates of the expenses of the Commission for Local Administration in Wales, and

(b)any observations on those estimates,

made and submitted to the Assembly in accordance with paragraph 7 below.

(3)The Assembly may also take into account any other information available to it as to the expenses of the Commission for Local Administration in Wales, whatever its source.

(4)A determination under section 84F of the 1988 Act shall not be invalid merely because the requirements of paragraph 7 below were not complied with.]

Textual Amendments

F5 Sch. 4 para. 6A substituted for Sch. 4 para. 6(5) (27.11.2003) by Local Government Act 2003 (c. 26), s. 128(4)(f), Sch. 7 para. 5(3) (with Sch. 7 para. 5(6)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

7(1)[F6Each Commission] [F6The Commission] shall prepare an estimate of the expenses which they will incur in the forthcoming financial year with a view to submitting it to the Secretary of State.E+W

(2)[F6Each Commission] [F6The Commission] shall send copies of the estimate to such representatives of local government as the Secretary of State directs for consideration by those representatives.

(3)Any observations by those representatives shall be submitted to the Commission within one month of the receipt of the Commission’s estimate, and it shall be the duty of the Commission to take any such observations into consideration before submitting their estimate of their expenses to the Secretary of State.

(4)[F6Each Commission] [F6The Commission] shall, not later than such date in any year as the Secretary of State specifies in writing to the Commission, submit their estimate of their expenses for the forthcoming financial year to the Secretary of State together with copies of all observations made under this paragraph by the representatives of local government or, if none were made, together with a statement of that fact.

Textual Amendments

F6Words in Sch. 4 para. 7(1)(2)(4) substituted (12.10.2005 for specified purposes) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(11) (with s. 38); S.I. 2005/2800, art. 3(b), Sch. 1 Pt. 2 (with art. 7)

8E+WWhere [F7the Commission for Local Administration in England ] fail to submit an estimate of their expenses for the forthcoming financial year under paragraph 7 above, the Secretary of State may, for the purposes of a determination under section 78 of the 1988 Act, assume those expenses to be such as he sees fit.]

Textual Amendments

Modifications etc. (not altering text)

C3Sch. 4 para. 8 amended by S.I. 1981/327, rule 6

[F88AE+W[F9 Where the Commission for Local Administration in Wales fail to submit an estimate of their expenses for the forthcoming financial year under paragraph 7 above, the National Assembly for Wales may, for the purposes of a determination under section 84F of the 1988 Act, assume those expenses to be such as it sees fit.]]

12E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10