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- Point in Time (14/06/2022)
- Original (As enacted)
Point in time view as at 14/06/2022.
Local Government Finance Act 1988, SCHEDULE 8 is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 60.
1(1)In accordance with this Schedule the [F1Welsh Ministers] shall keep for each chargeable financial year an account (to be called a non-domestic rating account).E+W
(2)The [F2Welsh Ministers]—
(a)shall keep each account in such form [F3as they consider appropriate], and
(b)shall at such time [F4as they consider appropriate] send copies of each account to the [F5Auditor General for Wales].
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(4)The Auditor General for Wales shall examine, certify and report on any account of which copies are sent to him under sub-paragraph (2) and shall lay copies of the account and of his report before the [F8National Assembly for Wales].]
Textual Amendments
F1Words in Sch. 8 para. 1(1) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 3(2)
F2Words in Sch. 8 para. 1(2) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 3(3)(a)
F3Words in Sch. 8 para. 1(2)(a) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 23(2)
F4Words in Sch. 8 para. 1(2)(b) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 23(3)
F5Words in Sch. 8 para. 1(2)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 3(3)(b)
F6Sch. 8 para. 1(3) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 3(4)
F7Sch. 8 para. 1(4) inserted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(2)
F8Words in Sch. 8 para. 1(4) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 3(5)
2(1)For each chargeable financial year the following shall be credited (as items of account) to the account kept for the year—E+W
(a)sums received by the [F9Welsh Ministers] in the year under section 54 above,
(b)sums received by [F10them] in the year under [F11section 59] above, and
(c)sums received by [F12them] in the year under paragraph 5 below [F13or regulations made under sub-paragraph (15) of that paragraph].
(2)For each chargeable financial year the following shall be debited (as items of account) to the account kept for the year—
(a)payments made by the [F14Welsh Ministers] in the year [F15under paragraph 5(10) or (14) below[F16, under regulations made for the purpose mentioned in paragraph 4(7) below] or under regulations made under paragraph 5(15) or 6(5) below], and
(b)payments made by [F17them] in the year under [F18paragraph 12 or 15 below] (as the case may be).
Textual Amendments
F9Words in Sch. 8 para. 2(1)(a) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 4(2)(a)
F10Word in Sch. 8 para. 2(1)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 4(2)(b)
F11Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 41
F12Word in Sch. 8 para. 2(1)(c) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 4(2)(b)
F13Words in Sch. 8 para. 2(1)(c) added (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 86(1) (with s. 118(1)(2)(4))
F14Words in Sch. 8 para. 2(2)(a) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 4(3)(a)
F15Words in Sch. 8 para. 2(2)(a) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 86(2)(a) (with s. 118(1)(2)(4))
F16Words in Sch. 8 para. 2(2)(a) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 26(2); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F17Word in Sch. 8 para. 2(2)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 4(3)(b)
F18Words in Sch. 8 para. 2(2)(b) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 86(2)(b) (with s. 118(1)(2)(4))
Modifications etc. (not altering text)
C1Sch. 8 para. 2 modified by S.I. 1990/493, reg. 8(2)
Sch. 8 para. 2 modified (1.4.1993) by S.I. 1992/2996, reg. 4(2)
Sch. 8 para. 2 amended (1.4.1993) by S.I. 1993/613, reg. 5(2)
C2Sch. 8 para. 2 amended by S.I. 1990/609, reg. 5(2)
C3Sch. 8 para. 2(1) modified (16.7.1992) by 1992 c. 46, s. 5(1) (with s. 8(1)); S.I. 1992/1642, art.2
Sch. 8 para. 2(1) modified (24.2.1994 with effect as mentioned in s. 3(1) of the amending Act) by 1994 c. 3, s. 3
3(1)As soon as is reasonably practicable after the end of each chargeable financial year the [F19Welsh Ministers] shall calculate the following—E+W
(a)the aggregate of the items of account credited to the account kept for the year, and
(b)the aggregate of the items of account debited to the account kept for the year.
(2)If the aggregate mentioned in sub-paragraph (1)(a) above exceeds that mentioned in sub-paragraph (1)(b) above, a sum equal to the excess shall be—
(a)debited (as an item of account) to the account kept for the year, and
(b)credited (as an item of account) to the account kept for the next financial year.
(3)If the aggregate mentioned in sub-paragraph (1)(b) above exceeds that mentioned in sub-paragraph (1)(a) above, a sum equal to the excess shall be—
(a)credited (as an item of account) to the account kept for the year, and
(b)debited (as an item of account) to the account kept for the next financial year.
Textual Amendments
F19Words in Sch. 8 para. 3(1) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 5
Modifications etc. (not altering text)
C4Sch. 8 para. 3 modified (8.4.2014) by The Local Government Finance Act 2012 (Transitional Provisions) Order 2014 (S.I. 2014/939), arts. 1, 4
Textual Amendments
F20Sch. 8 Pt. II amended (28.11.1994) by S.I. 1994/2825, regs. 28, 33(1)
Textual Amendments
F21Sch. 8 para. 3A and cross-heading inserted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 6
3AE+WAny reference in this Part of this Schedule to a billing authority is a reference to a billing authority in Wales.]
4(1)The [F22Welsh Ministers] may make regulations containing rules for the calculation of an amount for a chargeable financial year in relation to each [F23billing authority] (to be called its non-domestic rating contribution for the year).E+W
(2)The rules shall be so framed that the amount calculated under them in relation to an authority is broadly the same as the total which, if the authority acted diligently, would be payable to it in respect of the year under sections 43 and 45 above.
F24(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A)The rules may include provision for such deductions as the maker of the rules thinks fit for the purpose of enabling an authority to retain part, or all, of so much of the total payable to it in respect of the year under sections 43 and 45 above as exceeds an amount determined for the authority by or under the rules.
F26(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4C)Sub-paragraph (2) above shall have effect subject to sub-paragraph (4A) above.
F27(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The [F28Welsh Ministers] may incorporate in the rules provision for deductions (of such extent as [F29they think] fit) as regards—
(a)the operation of sections 47 and 49 above;
(b)costs of collection and recovery;
(c)such other matters (if any) as [F29they think] fit;
and [F30sub-paragraph (2)] above shall have effect subject to this.
F31(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Regulations under this paragraph in their application to a particular financial year (including regulations amending or revoking others) shall not be effective unless they come into force before 1 January in the preceding financial year.
[F32(7)Sub-paragraph (6) above does not apply to regulations made only for the purpose of amending the rules to increase deductions as regards the operation of section 49 above for the whole or part of the financial year.]
Textual Amendments
F22Words in Sch. 8 para. 4(1) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 7(2)
F23Words in Sch. 8 Pt. II para. 4(1) substituted (6.3.1992) by 1992 c. 14, s. 104, Sch. 10 Pt. I para. 6(2)(with s. 118(1)(2)(4))
F24Sch. 8 para. 4(3) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 7(3)
F25Sch. 8 para. 4(4) repealed (6.3.1992) by 1992 c. 14, ss. 104, 117(2), Sch. 10 Pt. I para. 6(4), Sch.14 (with s. 118(1)(2)(4))
F26Sch. 8 para. 4(4B) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 7(3)
F27Sch. 8 para. 4(4D) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 7(3)
F28Words in Sch. 8 para. 4(5) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 7(4)(a)
F29Words in Sch. 8 para. 4(5) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 7(4)(b)
F30Words in Sch. 8 para. 4(5) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 7(4)(c)
F31Sch. 8 para. 4(5A) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 7(5)
F32Sch. 8 para. 4(7) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), ss. 71(2), 128(6); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
Modifications etc. (not altering text)
C5Sch. 8 para. 4(6) excluded (19.7.2007 with effect in accordance with s. 3(3) of the amending Act) by Rating (Empty Properties) Act 2007 (c. 9), s. 3(2), Sch. 1 para. 6
C6Sch. 8 para. 4(6) excluded (3.12.2011) by Localism Act 2011 (c. 20), ss. 69(8), 240(3)(d) (with s. 69(8)); S.I. 2011/2896, art. 2(f)
5(1)This paragraph applies where regulations under paragraph 4 above are in force for a chargeable financial year [F33and has effect subject to any provision made by virtue of paragraph 6(2A) below].E+W
(2)By such time before the year begins as the [F34Welsh Ministers] may direct, a [F35billing authority] shall calculate the amount of its non-domestic rating contribution for the year and shall notify the amount to the [F34Welsh Ministers].
(3)If the authority fails to comply with sub-paragraph (2) above or if the [F36Welsh Ministers believe] the amount notified is not likely to have been calculated in accordance with the regulations [F37they may] make [F38their] own calculation of the amount; and where [F39they make] such a calculation [F40they shall] inform the authority why [F41they have] done so and shall inform it of the amount calculated.
(4)The authority shall be liable to pay to the [F42Welsh Ministers] an amount (the provisional amount) equal to—
(a)that calculated and notified under sub-paragraph (2) above, or
(b)if sub-paragraph (3) above applies, that calculated by the [F42Welsh Ministers] under it.
(5)The authority shall pay the provisional amount during the course of the year, in such instalments and at such times as the [F43Welsh Ministers] may direct.
(6)After the year ends the authority shall—
(a)calculate the amount of its non-domestic rating contribution for the year,
[F44(b)notify the amount so calculated to the [F45Welsh Ministers]]
[F46(ba)F47... notify to the [F48Welsh Ministers], the amount of any deduction that in accordance with provision under paragraph 4(4A) above is made in calculating the amount mentioned in paragraph (a) above,] and
[F44(c)arrange for the calculation[F49, and the amount or amounts notifiable under paragraphs (b) and (ba) above,] [F50to be certified [F51under arrangements made by the Auditor General for Wales]].]
[F52(6A)The F53... [F54Auditor General for WalesF55... ] shall send a copy of the certification of the calculation and the amount [F56or amounts] to the [F57Welsh Ministers].]
(7)If the authority fails to comply with sub-paragraph (6) above by such time as the [F58Welsh Ministers direct], [F59they] may suspend payments which would otherwise fall to be made to the authority under the relevant provisions (within the meaning given by paragraph 6(7) below); but if the authority then complies with the sub-paragraph [F59they] shall resume payments falling to be made to the authority under the relevant provisions and make payments to it equal to those suspended.
(8)If, at any time after the year ends, the [F60Welsh Ministers receive] notification from an authority under [F61sub-paragraph (6)(b) above] above [F62they] shall—
(a)calculate the amount of the difference (if any) between the amount notified and the provisional amount, and
(b)if there is a difference, inform the authority of the amount of the difference.
(9)If the amount notified under [F61sub-paragraph (6)(b) above] above exceeds the provisional amount the authority shall pay an amount equal to the difference to the [F63Welsh Ministers] at such time as [F64they] may direct.
F65[(10)If the amount notified under sub-paragraph (6)(b) above is less than the provisional amount, the [F66Welsh Ministers] shall—
(a)if [F67they believe] that the amount so notified is not likely to have been calculated in accordance with the regulations under paragraph 4 above, inform the authority of [F68their] reasons for that belief;
(b)if [F69they are] not of that belief, pay to the authority, at such time as [F70they decide] F71... , an amount equal to the difference between the amount so notified and the provisional amount.
(11)Sub-paragraph (12) below applies where—
(a)at any time after the year ends the [F72Welsh Ministers have] received both a notification from an authority under sub-paragraph (6)(b) above and a copy of a certification sent to [F73them] in relation to the authority under sub-paragraph (6A) above, and
(b)the amount which is certified by the certification to be the authority’s non-domestic rating contribution for the year (the certified amount) is different from the amount notified to the [F74Welsh Ministers] under sub-paragraph (6)(b) above.
(12)Where this sub-paragraph applies the [F75Welsh Ministers] shall—
(a)calculate the amount of the difference (if any) between the certified amount and the provisional amount, and
(b)if there is a difference, inform the authority of the amount of the difference.
(13)If at the time the [F76Welsh Ministers make] the calculation required by sub-paragraph (12) above no payment has been made under sub-paragraph (9) or (10) above in relation to the amount notified under sub-paragraph (6)(b) above—
(a)sub-paragraphs (9) and (10) above shall not apply in relation to that amount, and
(b)sub-paragraph (14) below shall apply.
(14)Where this sub-paragraph applies—
(a)if the certified amount exceeds the provisional amount the authority shall pay an amount equal to the difference to the [F77Welsh Ministers] at such time as [F78they] may direct, and
(b)if the certified amount is less than the provisional amount the [F79Welsh Ministers] shall pay an amount equal to the difference to the authority, and the amount shall be paid at such time as [F80they decide] F81... .
(15)Regulations under this sub-paragraph may make provision for financial adjustments to be made where at the time the [F82Welsh Ministers make] the calculation required by sub-paragraph (12) above a payment has already been made under sub-paragraph (9) or (10) above in relation to the amount notified under sub-paragraph (6)(b) above; and the regulations may include provision—
(a)for the making of payments by the [F83Welsh Ministers] or the authority, and
(b)as to the time at which any such payment must be made.]
Textual Amendments
F33Words added by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 42(2)
F34Words in Sch. 8 para. 5(2) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(2)
F35Words in Sch. 8 Pt. II para. 5(2) substituted (6.3.1992) by 1992 c. 14, s. 104, Sch. 10 Pt. I para. 6(6) (with s. 118(1)(2)(4))
F36Words in Sch. 8 para. 5(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(3)(a)
F37Words in Sch. 8 para. 5(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(3)(b)
F38Word in Sch. 8 para. 5(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(3)(c)
F39Words in Sch. 8 para. 5(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(3)(d)
F40Words in Sch. 8 para. 5(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(3)(e)
F41Words in Sch. 8 para. 5(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(3)(f)
F42Words in Sch. 8 para. 5(4) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(4)
F43Words in Sch. 8 para. 5(5) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(5)
F44Sch. 8 Pt. II para. 5(6)(b)(c) substituted (6.3.1992) by 1992 c. 14, s. 104, Sch. 10 Pt. I para. 6(7) (with s. 118(1)(2)(4))
F45Words in Sch. 8 para. 5(6)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(6)(a)
F46Sch. 8 para. 5(6)(ba) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), ss. 70(2)(a), 128(6); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I (with Sch. 2 para. 6)
F47Words in Sch. 8 para. 5(6)(ba) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(6)(b)
F48Words in Sch. 8 para. 5(6)(ba) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(3)
F49Words in Sch. 8 para. 5(6)(c) substituted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), ss. 70(2)(b), 128(6); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I (with Sch. 2 para. 6)
F50Words in Sch. 8 para. 5(6)(c) substituted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 8(a); S.I. 2005/558, art. 2, Sch. 1
F51Words in Sch. 8 para. 5(6)(c) substituted for Sch. 8 para. 5(6)(c)(i)(ii) (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(6)(c)
F52Sch. 8 Pt. II para. 5(6A) inserted (6.3.1992) by 1992 c. 14, s. 104, Sch. 10 Pt. I para. 6(8) (with s. 118(1)(2)(4))
F53Words in Sch. 8 para. 5(6A) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(7)(a)
F54Words in Sch. 8 para. 5(6A) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 8(b); S.I. 2005/558, art. 2, Sch. 1
F55Words in Sch. 8 para. 5(6A) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(7)(b)
F56Words in Sch. 8 para. 5(6A) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), ss. 70(3), 128(6); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I (with Sch. 2 para. 6)
F57Words in Sch. 8 para. 5(6A) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(7)(c)
F58Words in Sch. 8 para. 5(7) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(8)(a)
F59Word in Sch. 8 para. 5(7) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(8)(b)
F60Words in Sch. 8 para. 5(8) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(9)(a)
F61Words in Sch. 8 Pt. II para. 5(8)(9) substituted (6.3.1992) by 1992 c. 14, s. 104, Sch. 10 Pt. I para. 6(9) (with s. 118(1)(2)(4))
F62Word in Sch. 8 para. 5(8) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(9)(b)
F63Words in Sch. 8 para. 5(9) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(10)(a)
F64Word in Sch. 8 para. 5(9) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(10)(b)
F65Sch. 8 Pt. II para. 5(10)-(15) substituted (6.3.1992) for para. 5(10) by 1992 c. 14, s. 104, Sch. 10 Pt. I para. 6(10) (with s. 118(1)(2)(4))
F66Words in Sch. 8 para. 5(10) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(11)(a)
F67Words in Sch. 8 para. 5(10)(a) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(11)(b)(i)
F68Word in Sch. 8 para. 5(10)(a) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(11)(b)(ii)
F69Words in Sch. 8 para. 5(10)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(11)(c)(i)
F70Words in Sch. 8 para. 5(10)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(11)(c)(ii)
F71Words in Sch. 8 para. 5(10)(b) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(11)(c)(iii)
F72Words in Sch. 8 para. 5(11)(a) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(12)(a)(i)
F73Word in Sch. 8 para. 5(11)(a) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(12)(a)(ii)
F74Words in Sch. 8 para. 5(11)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(12)(b)
F75Words in Sch. 8 para. 5(12) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(13)
F76Words in Sch. 8 para. 5(13) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(14)
F77Words in Sch. 8 para. 5(14)(a) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(15)(a)(i)
F78Word in Sch. 8 para. 5(14)(a) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(15)(a)(ii)
F79Words in Sch. 8 para. 5(14)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(15)(b)(i)
F80Words in Sch. 8 para. 5(14)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(15)(b)(ii)
F81Words in Sch. 8 para. 5(14)(b) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(15)(b)(iii)
F82Words in Sch. 8 para. 5(15) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(16)(a)
F83Words in Sch. 8 para. 5(15)(a) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 8(16)(b)
Modifications etc. (not altering text)
C7Sch. 8 para. 5(4)(5)(7)(9)(10) modified by S.I. 1990/493, reg. 8(1) and by S.I. 1990/609, reg. 5(1)
Sch. 8 para. 5(4)(5)(7)(9)(10)(b)(14) modified (1.4.1993) by S.I. 1992/2996, reg. 4(1)
Sch. 8 para. 5(4)(5)(7)(9)(10)(b)(14) restricted (1.4.1993) by S.I. 1993/613, reg. 5(1)
6(1)Any calculation under paragraph 5 above of the amount of an authority’s non-domestic rating contribution for a year shall be made in accordance with the regulations under paragraph 4 above.E+W
F84[(2)Such a calculation shall be made on the basis of the information before the person making the calculation at the time he makes it; but the [F85Welsh Ministers] may make regulations—
(a)requiring a calculation under paragraph 5(2) or (3) above to be made on the basis of that information read subject to prescribed assumptions;
(b)enabling a calculation under paragraph 5(6) above to be made without taking into account any information as regards which the following conditions are satisfied—
(i)it is not reasonably practicable for the person making the calculation to take it into account; and
(ii)it was received by the authority after a prescribed date (which may be before or after the end of the year in question).]
[F86(2A)Regulations under paragraph 4 above may incorporate in the rules provision for adjustments to be made in the calculation of the amount of an authority’s non-domestic rating contribution under paragraph 5(2) or 5(6) above, being adjustments to take account of relevant changes affecting the amount of the authority’s non-domestic rating contribution for an earlier year.
(2B)For the purposes of sub-paragraph (2A) above, a change is a relevant change if it results from a decision, determination or other matter which (whether by reason of the time at which it was taken, made or occurred or otherwise) was not taken into account by the authority in the calculation under paragraph 5(6) above of the amount of its non-domestic rating contribution for the earlier year in question.]
(3)The power to give a direction under paragraph 5 above—
(a)includes power to revoke or amend a direction given under the power;
(b)may be exercised differently for different authorities.
F87(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The [F88Welsh Ministers] may make regulations providing that, once the provisional amount has been arrived at under paragraph 5 above as regards an authority for a financial year and if prescribed conditions are fulfilled, the provisional amount is to be treated for the purposes of that paragraph as being an amount smaller than it would otherwise be.
(6)Regulations under sub-paragraph (5) above may include—
(a)provision as to the re-calculation of the provisional amount, including provision for the procedure to be adopted for re-calculation if the prescribed conditions are fulfilled;
(b)provision as to financial adjustments to be made as a result of any re-calculation, including provision for the making of reduced payments under paragraph 5 above or of repayments.
[F89(6A)Regulations made for the purpose mentioned in paragraph 4(7) above may include provision—
(a)for or in connection with the recalculation of the provisional amount for the financial year concerned, including provision for the procedure to be adopted for recalculation, and
(b)as to financial adjustments to be made, including provision for the making of reduced payments under paragraph 5 above or of repayments.]
(7)For the purposes of paragraph 5(7) above the relevant provisions are—
(a)paragraph 5(10) above,
[F90(aa)regulations made for the purpose mentioned in paragraph 4(7) above,]
(b)regulations made under sub-paragraph (5) above, and
(c)[F91paragraphs 12 and 15 below].
Textual Amendments
F84Sch. 8 para. 6(2) substituted (6.3.1992) by 1992 c. 14, s. 104, Sch. 10 Pt. I para. 6(11) (with s. 118(1)(2)(4))
F85Words in Sch. 8 para. 6(2) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 9(2)
F86Sch. 8 para. 6(2A)(2B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 42(3)
F87Sch. 8 para. 6(4) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 9(3)
F88Words in Sch. 8 para. 6(5) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 9(4)
F89Sch. 8 para. 6(6A) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), ss. 71(3), 128(6); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F90Sch. 8 para. 6(7)(aa) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), ss. 71(4), 128(6); S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F91Words in Sch. 8 para. 6(7)(c) substituted (6.3.1992) by 1992 c. 14, s. 117(1), Sch. 13 para. 86(3) (with s. 118(1)(2)(4))
Modifications etc. (not altering text)
C8Sch. 8 Pt. II para. 6(2) amended (28.11.1994) by S.I. 1994/2825, reg. 33(3)
C9Sch. 8 para. 6(6) modified (23.6.1992) by 1992 c. 46, s. 5(2) (with s. 8(1)); S.I. 1992/1486, art.2
7E+WWhere an amount has become payable under any provision of or made under this Part of this Schedule, and it has not been paid, it shall be recoverable in a court of competent jurisdiction.
Textual Amendments
F92Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))
Modifications etc. (not altering text)
C10Sch. 8 Pt. III amended (1.11.1996) by 1996 c. 56, ss. 256(6), 257, 583(2) (with s. 1(4), Sch. 39)
Textual Amendments
F93Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))
F948(1)For the purposes of this Part of this Schedule a receiving authority is[F95— E+W
(a)any billing authority in Wales, or
(b)any major precepting authority in Wales.]
(2)Any reference in this Part of this Schedule to a local government finance report is a reference to a report made under section F96... [F9784G] above.
[F98(3)In this Part of this Schedule “the Assembly” means the National Assembly for Wales.
F99(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F94Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))
F95Sch. 8 para. 8(1)(a)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 10(2)
F96Words in Sch. 8 para. 8(2) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 10(3)
F97Words in Sch. 8 para. 8(2) inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(2) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F98Sch. 8 para. 8(3)(4) inserted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(4)
F99Sch. 8 para. 8(4) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 10(4)
Modifications etc. (not altering text)
C11Sch. 8 para. 8 modified (temp.) (12.1.2000) by S.I. 1999/3435, art. 2
Textual Amendments
F100Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))
F1019(1)Before a financial year begins the [F102Welsh Ministers] shall estimate—E+W
(a)the aggregate of the items of account which will be credited to the account kept for the year; and
(b)the aggregate of the items of account which will be debited to the account kept for the year under paragraphs 2(2)(a) and 3(3)(b) above.
(2)In making any estimate under sub-paragraph (1) above the [F103Welsh Ministers] may make such assumptions as [F104they see] fit.
(3)If the aggregate estimated under sub-paragraph (1)(a) above exceeds the aggregate estimated under sub-paragraph (1)(b) above the [F105Welsh Ministers] shall calculate the amount equal to the difference.
(4)In the local government finance report for the year the [F106Welsh Ministers] shall specify the amount arrived at under this paragraph (the distributable amount for the year)[F107 , subject to paragraph 9A below.]
Textual Amendments
F101Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))
F102Words in Sch. 8 para. 9(1) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 11(2)
F103Words in Sch. 8 para. 9(2) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 11(3)(a)
F104Words in Sch. 8 para. 9(2) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 11(3)(b)
F105Words in Sch. 8 para. 9(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 11(4)
F106Words in Sch. 8 para. 9(4) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 11(4)
F107Words in Sch. 8 para. 9(4) inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(3) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
Modifications etc. (not altering text)
C12Sch. 8 para. 9 modified (16.7.1992) by 1992 c. 46, s.4 (with s. 8(1)); S.I. 1992/1642, art.2 and (6.7.1993) by 1993 c. 17, ss.2, 5(1); S.I. 1993/1512, art.2
Sch. 8 para. 9 modified (24.2.1994 with effect as mentioned in s. 3(1) of the amending Act) by 1994 c. 3, s. 3
Textual Amendments
F108Sch. 8 para. 9A and cross-heading inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(4) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
9A(1)Where the [F109Welsh Ministers make] two local government finance reports for a particular financial year—E+W
(a)paragraph 9(4) above does not apply F110... as respects that year, and
(b)the [F111Welsh Ministers] shall decide whether—
(i)distribution among all receiving authorities of the amount arrived at under paragraph 9 above for the year is to be dealt with in just one of those reports (the chosen report), or
(ii)each of those reports is to deal with the distribution of so much of that amount as is for the receiving authorities to which that report relates.
(2)If the [F112Welsh Ministers decide] as mentioned in sub-paragraph (1)(b)(i) above—
(a)the [F113Welsh Ministers] shall specify that amount (the distributable amount for the year) in the chosen report, and
(b)the chosen report is the local government finance report for that year to which the requirement under paragraph 10(1) below applies.
(3)If the [F114Welsh Ministers decide] as mentioned in sub-paragraph (1)(b)(ii) above—
(a)paragraphs 10 and 11 below do not apply F115... as respects the year (but see paragraphs 11A to 11C below),
(b)the power under paragraph 13 below may (in particular) be exercised by making a single amending report relating to both of the local government finance reports for the year, and
(c)paragraph 14 below does not apply in relation to any report amending either of those reports (but see paragraph 14A below).]
Textual Amendments
F109Words in Sch. 8 para. 9A(1) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(5)(a)(i)
F110Words in Sch. 8 para. 9A(1)(a) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 12
F111Words in Sch. 8 para. 9A(1)(b) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(5)(a)(ii)
F112Words in Sch. 8 para. 9A(2) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(5)(b)(i)
F113Words in Sch. 8 para. 9A(2)(a) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(5)(b)(ii)
F114Words in Sch. 8 para. 9A(3) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(5)(c)
F115Words in Sch. 8 para. 9A(3)(a) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 12
Textual Amendments
F116Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para. 7 (with s. 118(1)(2)(4))
Modifications etc. (not altering text)
C13Sch. 8 Pt. III (paras. 8-15) amended (1.11.1996) by 1996 c. 56, ss. 256(6), 257, 583(2)
F11710(1)A local government finance report for a financial year shall specify the basis (the basis of distribution) on which the [F118Welsh Ministers propose] to distribute among receiving authorities the distributable amount for the year.E+W
(2)Before making the report the [F119Welsh Ministers] shall notify to such representatives of local government as appear to [F120them] to be appropriate the general nature of the basis of distribution.
Textual Amendments
F117Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))
F118Words in Sch. 8 para. 10(1) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 13(2)
F119Words in Sch. 8 para. 10(2) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 13(3)(a)
F120Word in Sch. 8 para. 10(2) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 13(3)(b)
Modifications etc. (not altering text)
C14Sch. 8 para. 10 modified (temp.) (12.1.2000) by S.I. 1999/3435, art. 2
F12111(1)This paragraph applies where—E+W
(a)in relation to a financial year, the distributable amount for the year has been calculated and specified in a report in accordance with [F122paragraphs 9 and 9A(2)] above; and
(b)the report has been laid before the [F123Assembly].
(2)If the report is approved by resolution of the [F124Assembly], the distributable amount for the year shall be distributed among and paid to receiving authorities in accordance with this paragraph and paragraph 12 below.
(3)As soon as is reasonably practicable after the report has been so approved, the [F125Welsh Ministers] shall calculate what sum falls to be paid to each receiving authority as its share of the distributable amount for the year in accordance with the basis of distribution specified in the report as so approved.
(4)Subject to sub-paragraph (5) below, after making a calculation under sub-paragraph (3) above, the [F126Welsh Ministers] may, at any time before the end of the financial year following the financial year to which the report relates, make one further calculation of what sum falls to be paid to each receiving authority as its share of the distributable amount for the year in accordance with the basis of distribution so specified.
(5)The power to make a calculation under sub-paragraph (4) above shall not be exercisable after the approval by resolution of the [F127Assembly] of any amending report made under paragraph 13 below in relation to the local government finance report.
(6)If the [F128Welsh Ministers decide] that [F129they] will leave out of account information received by [F130them] after a particular date in making a calculation under sub-paragraph (3) or (4) above, the calculation shall be made accordingly, and [F129they] may decide different dates for different kinds of information.
(7)Sub-paragraph (6) above applies only if the [F131Welsh Ministers inform] each receiving authority in writing of [F132their] decision and of the date (or the dates and kinds of information) concerned; but [F133they] may do this at any time before the calculation is made under this paragraph (whether before or after the distributable amount for the year is calculated under paragraph 9 above).
(8)As soon as is reasonably practicable after making a calculation under sub-paragraph (3) or (4) above, the [F134 Welsh Ministers] shall inform each receiving authority of the sum [F135they calculate] falls to be paid to it as its share of the distributable amount for the year.
Textual Amendments
F121Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))
F122Words in Sch. 8 para. 11(1)(a) substituted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(5) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F123Word in Sch. 8 para. 11(1)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(2)
F124Word in Sch. 8 para. 11(2) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(3)
F125Words in Sch. 8 para. 11(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(4)
F126Words in Sch. 8 para. 11(4) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(4)
F127Word in Sch. 8 para. 11(5) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(5)
F128Words in Sch. 8 para. 11(6) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(6)(a)
F129Word in Sch. 8 para. 11(6) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(6)(b)
F130Word in Sch. 8 para. 11(6) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(6)(c)
F131Words in Sch. 8 para. 11(7) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(7)(a)
F132Word in Sch. 8 para. 11(7) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(7)(b)
F133Word in Sch. 8 para. 11(7) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(7)(c)
F134Words in Sch. 8 para. 11(8) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(8)(a)
F135Words in Sch. 8 para. 11(8) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 14(8)(b)
Modifications etc. (not altering text)
C15Sch. 8 para. 11 modified (temp.) (12.1.2000) by S.I. 1999/3435, art. 2
[F13611A(1)Where the [F137Welsh Ministers propose to make] two local government finance reports for a particular financial year and as respects that year [F138decide] as mentioned in paragraph 9A(1)(b)(ii) above, [F139the Welsh Ministers shall] in each of those reports—E+W
(a)specify the amount for the year arrived at under paragraph 9 above,
(b)specify how much of that amount is for the receiving authorities to which the report relates, and
(c)specify the basis on which the [F140Welsh Ministers propose] to distribute among those authorities the amount specified under paragraph (b) above.
(2)Before making such a report as is mentioned in sub-paragraph (1) above, the [F141Welsh Ministers] shall notify the general nature of the basis of distribution proposed to be specified in the report to such representatives of local government as appear to the [F141Welsh Ministers] to be appropriate.
Textual Amendments
F136Sch. 8 paras. 11A-11C inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(6) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F137Words in Sch. 8 para. 11A(1) substituted (25.5.2007) by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(6)(a)(i)
F138Word in Sch. 8 para. 11A(1) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(6)(a)(ii)
F139Words in Sch. 8 para. 11A(1) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(6)(a)(iii)
F140Words in Sch. 8 para. 11A(1)(c) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(6)(a)(iv)
F141Words in Sch. 8 para. 11A(2) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(6)(b)
11B[F142(1)This paragraph applies where—E+W
(a)the Assembly approves by resolution a local government finance report that is one of two being made by the Welsh Ministers for a particular financial year, and
(b)as respects that year the Welsh Ministers decide as mentioned in paragraph 9A(1)(b)(ii) above.]
(2)The amount specified under paragraph 11A(1)(b) above in the report shall be distributed among and paid to the receiving authorities to which the report relates in accordance with this paragraph and paragraph 12 below.
(3)As soon as is reasonably practicable [F143after the report is approved by the Assembly, the Welsh Ministers shall calculate] in relation to each of those authorities what sum falls to be paid to the authority as its share of the amount specified under paragraph 11A(1)(b) above.
(4)The calculation under sub-paragraph (3) above shall be in accordance with the basis of distribution specified in the report.
(5)The [F144Welsh Ministers] may carry out the sub-paragraph (3) calculation again at any time before the end of the financial year immediately following the one to which the report relates.
(6)The power under sub-paragraph (5) above may only be exercised once and ceases to be exercisable if the Assembly [F145approves by resolution an amending report made by the Welsh Ministers under paragraph 13 below.]
(7)As soon as is reasonably practicable after making a calculation under sub-paragraph (3) or (5) above, the [F146Welsh Ministers] shall inform each receiving authority to which the report relates of the outcome, so far as relating to it.
Textual Amendments
F136Sch. 8 paras. 11A-11C inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(6) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F142Sch. 8 para. 11B(1) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(7)(a)
F143Words in Sch. 8 para. 11B(3) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(7)(b)
F144Words in Sch. 8 para. 11B(5) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(7)(c)
F145Words in Sch. 8 para. 11B(6) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(7)(d)
F146Words in Sch. 8 para. 11B(7) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(7)(c)
11C(1)The [F147Welsh Ministers] may set a deadline for the receipt of information to be taken into account by [F148them] when making a calculation under paragraph 11B(3) or (5) above.E+W
(2)Different deadlines may be set under sub-paragraph (1) above in relation to different kinds of information.
(3)A deadline under sub-paragraph (1) above shall only have effect if the [F149Welsh Ministers inform] each receiving authority concerned of the deadline and of the information to which it relates.
(4)Notification under sub-paragraph (3) above may be given at any time before the making of the calculation to which the deadline relates, including a time before the distributable amount for the year is calculated under paragraph 9 above.
(5)When making a calculation in relation to which a deadline under sub-paragraph (1) above has effect, the [F150Welsh Ministers] shall leave information to which the deadline applies out of account if it is received after the passing of the deadline.]
Textual Amendments
F136Sch. 8 paras. 11A-11C inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(6) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F147Words in Sch. 8 para. 11C(1) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(8)(a)(i)
F148Word in Sch. 8 para. 11C(1) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(8)(a)(ii)
F149Words in Sch. 8 para. 11C(3) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(8)(b)
F150Words in Sch. 8 para. 11C(5) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(8)(c)
F15112(1)Where a calculation is made under paragraph 11(3) [F152or 11B(3)] above the [F153Welsh Ministers] shall pay to each receiving authority any sum calculated as falling to be paid to it.E+W
(2)The sum shall be paid in instalments of such amounts, and at such times in the financial year to which the report relates (the financial year concerned), as the [F154Welsh Ministers determine] F155... .
(3)Where a calculation is made under paragraph 11(4) [F156or 11B(5)] above and the sum it shows as falling to be paid to a receiving authority exceeds that shown as falling to be paid to it by the calculation for the financial year concerned under paragraph 11(3) [F157or 11B(3)] above, the [F158Welsh Ministers] shall pay to the authority a sum equal to the difference.
(4)The sum shall be paid at such time, or in instalments of such amounts and at such times, as the [F159Welsh Ministers determine]F160... ; but any such time must fall after the end of the financial year concerned.
(5)Where a calculation is made under paragraph 11(4) [F161or 11B(5)] above and the sum it shows as falling to be paid to a receiving authority is less than that shown as falling to be paid to it by the calculation for the financial year concerned under paragraph 11(3) [F162or 11B(3)] above, a sum equal to the difference shall be paid by the authority to the [F163Welsh Ministers].
(6)The sum shall be paid on such day after the end of the financial year concerned as the [F163Welsh Ministers] may specify; and if it is not paid on or before that day it shall be recoverable in a court of competent jurisdiction.
Textual Amendments
F151Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))
F152Words in Sch. 8 para. 12(1) inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(7) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F153Words in Sch. 8 para. 12(1) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 15(2)
F154Words in Sch. 8 para. 12(2) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 15(3)(a)
F155Words in Sch. 8 para. 12(2) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 15(3)(b)
F156Words in Sch. 8 para. 12(3) inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(8)(a) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F157Words in Sch. 8 para. 12(3) inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(8)(b) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F158Words in Sch. 8 para. 12(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 15(4)
F159Words in Sch. 8 para. 12(4) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 15(5)(a)
F160Words in Sch. 8 para. 12(4) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 15(5)(b)
F161Words in Sch. 8 para. 12(5) inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(8)(a) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F162Words in Sch. 8 para. 12(5) inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(8)(b) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F163Words in Sch. 8 para. 12(5)(6) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 15(6)
Modifications etc. (not altering text)
C16Sch. 8 para. 12 modified (1.4.1993) by S.I. 1992/2996, reg. 4(1)
Sch. 8 para. 12 restricted (1.4.1993) by S.I. 1993/613, reg. 5(1)
Sch. 8 para. 12 modified (temp.) (12.1.2000) by S.I. 1999/3435, art. 2
Textual Amendments
F164Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))
F16513(1)Subject to sub-paragraph (6) below, after a local government finance report has been made the [F166Welsh Ministers] may, at any time before the end of the financial year following the financial year concerned, make in relation to the report one or more amending reports under this paragraph.E+W
(2)An amending report under this paragraph shall contain amendments to the basis of distribution specified in the local government finance report.
(3)Before making the report the [F167Welsh Ministers] shall notify to such representatives of local government as appear to [F168them] to be appropriate the general nature of the amendments which [F169they propose] to make.
(4)The report shall be laid before the [F170Assembly].
(5)As soon as is reasonably practicable after the report is laid before the [F171Assembly], the [F172Welsh Ministers] shall send a copy of it to each receiving authority.
(6)Where an amending report under this paragraph has been approved by resolution of the [F173Assembly], the [F174Welsh Ministers] may not make a subsequent amending report under this paragraph in relation to the same local government finance report.
Textual Amendments
F165Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))
F166Words in Sch. 8 para. 13(1) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 16(2)
F167Words in Sch. 8 para. 13(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 16(3)(a)
F168Word in Sch. 8 para. 13(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 16(3)(b)
F169Words in Sch. 8 para. 13(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 16(3)(c)
F170Word in Sch. 8 para. 13(4) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 16(4)
F171Word in Sch. 8 para. 13(5) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 16(5)(a)
F172Words in Sch. 8 para. 13(5) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 16(5)(b)
F173Word in Sch. 8 para. 13(6) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 16(5)(a)
F174Words in Sch. 8 para. 13(6) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 16(5)(b)
F17514(1)As soon as is reasonably practicable after an amending report made under paragraph 13 above has been approved by resolution of the [F176Assembly], the [F177Welsh Ministers] shall calculate what sum falls to be paid to each receiving authority as its share of the distributable amount for the year in accordance with the basis of distribution specified in the local government finance report as amended by the amending report.E+W
(2)Subject to sub-paragraph (3) below, after making a calculation under sub-paragraph (1) above the [F178Welsh Ministers] may make one further calculation of what sum falls to be paid to each receiving authority as its share of the distributable amount for the year in accordance with that basis of distribution.
(3)A calculation may not be made under sub-paragraph (2) above after whichever is the later of—
(a)the end of the financial year following the financial year concerned, and
(b)the end of the period of 3 months beginning with the day on which the amending report is approved by resolution of the [F179Assembly].
(4)Sub-paragraphs (6) to (8) of paragraph 11 above apply in relation to calculations made under sub-paragraphs (1) and (2) above as they apply in relation to calculations made under sub-paragraphs (3) and (4) of that paragraph.
Textual Amendments
F175Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))
F176Word in Sch. 8 para. 14(1) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 17(2)(a)
F177Words in Sch. 8 para. 14(1) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 17(2)(b)
F178Words in Sch. 8 para. 14(2) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 17(3)
F179Word in Sch. 8 para. 14(3)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 17(4)
[F18014A(1)This paragraph applies where—E+W
(a)a report is made under paragraph 13 above amending a report (“the original report”) that is one of two local government finance reports that the [F181Welsh Ministers make] for a particular financial year, and
(b)as respects that year the [F182Welsh Ministers decide] as mentioned in paragraph 9A(1)(b)(ii) above.
(2)As soon as is reasonably practicable after the amending report is [F183approved by resolution of] the Assembly, [F184the Welsh Ministers shall calculate] in relation to each of the authorities to which the original report relates what sum falls to be paid to the authority as its share of the amount specified under paragraph 11A(1)(b) above in the original report.
(3)The calculation under sub-paragraph (2) above shall be in accordance with the amended basis of distribution.
(4)The [F185Welsh Ministers may carry out] the sub-paragraph (2) calculation again at any time before—
(a)the end of the financial year immediately following the one to which the original report relates, or
(b)if later, the end of the period of 3 months beginning with the day on which the Assembly [F186approves by resolution] the amending report.
(5)The power under sub-paragraph (4) above may only be exercised once.
(6)Paragraphs 11B(7) and 11C above apply in relation to calculations made under sub-paragraphs (2) and (4) above as they apply in relation to calculations made under paragraph 11B(3) and (5) above.]
Textual Amendments
F180Sch. 8 para. 14A inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(9) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F181Words in Sch. 8 para. 14A(1)(a) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(9)(a)
F182Words in Sch. 8 para. 14A(1)(b) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(9)(b)
F183Words in Sch. 8 para. 14A(2) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(9)(c)(i)
F184Words in Sch. 8 para. 14A(2) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(9)(c)(ii)
F185Words in Sch. 8 para. 14A(4) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(9)(d)(i)
F186Words in Sch. 8 para. 14A(4)(b) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 40(9)(d)(ii)
F18715(1)This paragraph applies where a calculation (the relevant calculation) is made under paragraph 14(1) or (2) [F188or 14A(2) or (4)] above in relation to an amending report.E+W
(2)Where the sum shown by the relevant calculation as falling to be paid to a receiving authority for the financial year concerned exceeds that shown as falling to be paid to it by the relevant previous calculation, the [F189Welsh Ministers] shall pay to the authority a sum equal to the difference.
(3)The sum shall be paid at such times, or in instalments of such amounts and at such times, as the [F190Welsh Ministers determine]F191...; but any such time must fall after the end of the financial year in which the amending report was made.
(4)Where the sum shown by the relevant calculation as falling to be paid to a receiving authority for the financial year concerned is less than that shown as falling to be paid to it by the relevant previous calculation, a sum equal to the difference shall be paid by the authority to the [F192Welsh Ministers].
(5)The sum shall be paid on such day after the end of the financial year in which the amending report was made as the [F192Welsh Ministers] may specify; and if it is not paid on or before that day it shall be recoverable in a court of competent jurisdiction.
(6)In this paragraph “the relevant previous calculation” means—
(a)in relation to a calculation made under paragraph 14(1) [F193or 14A(2)] above, the calculation under paragraph 11(3) [F194or 11B(3)] above or, where a further calculation has been made under paragraph 11(4) [F195or 11B(5)] above, that further calculation;
(b)in relation to a calculation made under paragraph 14(2) [F196or 14A(4)] above, the calculation made under paragraph 14(1) [F193or 14A(2)] above.]
Textual Amendments
F187Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))
F188Words in Sch. 8 para. 15(1) inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(10) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F189Words in Sch. 8 para. 15(2) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 18(2)
F190Words in Sch. 8 para. 15(3) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 18(3)(a)
F191Words in Sch. 8 para. 15(3) omitted (with effect in accordance with s. 5(3) of the amending Act) by virtue of Local Government Finance Act 2012 (c. 17), Sch. 3 para. 18(3)(b)
F192Words in Sch. 8 para. 15(4)(5) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 18(4)
F193Words in Sch. 8 para. 15(6) inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(11)(a) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F194Words in Sch. 8 para. 15(6) inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(11)(b) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F195Words in Sch. 8 para. 15(6) inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(11)(c) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F196Words in Sch. 8 para. 15(6) inserted (27.11.2003 for the purpose of and in relation to financial years beginning on or after 1.4.2004) by Local Government Act 2003 (c. 26), s. 128(4)(e), Sch. 2 para. 2(11)(d) (with s. 40(2)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
Modifications etc. (not altering text)
C17Sch. 8 para. 15 modified (1.4.1993) by S.I. 1992/2996, reg. 4(1)
Sch. 8 para. 15 restricted (1.4.1993) by S.I. 1993/613, reg. 5(1)
Textual Amendments
F197Sch. 8 para. 16 inserted (1.4.2007) by Government of Wales Act 2006 (c. 32), s. 161(3), Sch. 10 para. 21 (with Sch. 11 para. 22)
16E+WSums required for the making of payments by the Welsh Ministers under this Part of this Schedule are to be charged on the Welsh Consolidated Fund.]
16Where an amount has become payable under any provision of this Part of this Schedule, and it has not been paid, it shall be recoverable in a court of competent jurisdiction.
Modifications etc. (not altering text)
C18Sch. 8 para. 16 modified by S.I. 1990/493, reg. 8(1) and by S.I. 1990/609, reg. 5(1)
C19Sch. 8 para. 16 modified (temp.) (25.7.2006) by Government of Wales Act 2006 (c. 32), s. 161(2), Sch. 11 para. 59(b)
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