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Part IE+W Selective Limitation of Rates and Precepts

Modifications etc. (not altering text)

C1Part I (ss. 1-8) extended and saved by Local Government Act 1985 (c. 51, SIF 81:1), ss. 68(4), 82(1)(2)

6 Form and effect of maximum.E+W

(1)Any maximum prescribed under this Part of this Act for a rate shall be expressed as a limit on the amount in the pound of the rate exclusive of any such part as is mentioned in section 1(4) above; and a rate shall be invalid if—

(a)the amount in the pound of the rate (exclusive of any such part) exceeds a limit applicable to it by virtue of any such maximum; or

(b)any part of the rate is made for giving effect to a precept which is invalid under subsection (2) below.

(2)Any maximum prescribed under this Part of this Act for a precept . . . F1shall be expressed as a limit on the amount in the pound of the precept . . . F1; and a precept shall be invalid if the amount in the pound of the precept . . . F1exceeds a limit applicable to it by virtue of any such maximum.

(3)The Secretary of State may by order make provision with respect to the application of any such limit as is mentioned in subsection (1) or (2) above in cases where the rate or precept or, as the case may be, the relevant part of the rate . . . F2falls to be levied otherwise than at a uniform rate in the pound.

(4)The power to make an order under subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.

(5)Separate orders may be made under subsection (3) above in relation to England and Wales respectively.