Local Government Finance Act 1988

Changes over time for: Section 35

Version Superseded: 06/03/1992

Alternative versions:

01/02/1991- Amendment
21/03/1991- Amendment
20/02/1992
Point in time
Stop date 06/03/1992- Amendment

Status:

Point in time view as at 20/02/1992. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Local Government Finance Act 1988, Section 35 is up to date with all changes known to be in force on or before 12 November 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.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

35 Duty to set substituted amounts.E+W

(1)Where an authority has set an amount or amounts for a financial year under section 32 or 34 above or under this section and a precept of a relevant authority is then issued to it for the year (originally or by way of substitute) it must as soon as is reasonably practicable after the issue set an amount or amounts in substitution, even if it or any of them is equal to or greater than that for which it is substituted.

(2)Each of the following is a relevant authority for the purposes of subsection (1) above—

(a)a county council,

(b)a metropolitan county police authority,

(c)the Northumbria Police Authority,

(d)a metropolitan county fire and civil defence authority,

(e)the London Fire and Civil Defence Authority, and

(f)the Receiver for the Metropolitan Police District.

(3)Any amount set in substitution under subsection (1) above must be set in accordance with sections 32 and 33 above, but applying the following rules—

(a)section 32(2) shall be ignored for this purpose;

(b)the amount must be set by reference to the precept whose issue gives rise to the amount being set;

(c)the amount must be set by reference to any [F1qualifying] precept issued to the authority for the year since the time when it set (or last set) an amount or amounts for the year under section 32 or 34 above [F2or under this section][F3or under subsection (6) below];

(d )F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(da)the amount must be set by reference to the estimates mentioned in section 32(4)(b) and (d) above and made by the authority when it set (or last set) an amount or amounts for the year under section 32 or 34 above;]

(e)subject to paragraphs (b) to [F6(da)] above, the amount must be set by reference to the information in the authority’s possession at the time mentioned in paragraph (c) above.

[F7(3A)In a case where the precept mentioned in subsection (1) above is issued under section 107(2) below, subsection (3) above shall not apply but subsection (3B) below shall apply.

(3B)In such a case, any amount set in substitution under subsection (1) above must be set in accordance (and only in accordance) with the formula—

where A, B, C and D have the meanings given by section 35A below.]

(4)Where an authority has set an amount or amounts for a financial year under section 32 or 34 above or under this section and it then makes substitute calculations in accordance with section 95 below, it must as soon as is reasonably practicable after making the substitute calculations set an amount or amounts in substitution, even if it or any of them is equal to or greater than that for which it is substituted.

(5)Any amount set in substitution under subsection (4) above must be set in accordance with sections 32 and 33 above, but applying the following rules—

(a)section 32(2) shall be ignored for this purpose;

(b)the amount must be set by reference to the amount calculated by the authority in relation to the year under section 95(4) below in making the calculations giving rise to the amount being set;

(c)the amount must be set by reference to any [F8qualifying]precept issued to the authority for the year since the time when it set (or last set) an amount or amounts for the year under section 32 or 34 above [F9or under this section][F10or under subsection (6) below];

[F11(ca)the amount must be set by reference to the estimates mentioned in section 32(4)(b) and (d) above and made by the authority when it set (or last set) an amount or amounts for the year under section 32 or 34 above;]

(d)subject to paragraphs (b) [F12to (ca)] above, the amount must be set by reference to the information in the authority’s possession at the time mentioned in paragraph (c) above.

[F13(5A)In a case where the substitute calculations mentioned in subsection (4) above are made under section 107(1) below, subsection (5) above shall not apply but subsection (5B) below shall apply.

(5B)In such a case, any amount set in substitution under subsection (4) above must be set in accordance (and only in accordance) with—

(a)the standard formula (set out in subsection (5C) below) in a case where the charging authority referred to in subsection (4) above is not a special authority, or

(b)the special formula (set out in subsection (5D) below) in a case where the charging authority referred to in subsection (4) above is a special authority.

(5C)The standard formula is—

where A, B, C and D have the meanings given by section 35A below.

(5D)The special formula is—

where A, B, C, D and E have the meanings given by section 35A below.

(5E)For the purposes of subsections (3)(c) and (5)(c) above a qualifying precept is a precept issued by a precepting authority which is not a relevant authority within the meaning given by subsection (2) above.]

(6)(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(8)In construing subsections (3)(c) and (5)(c) above any precept for which another has been substituted shall be ignored; F15. . ..

Textual Amendments

F1Word in s. 35(3)(c) substituted (21. 3. 1991) by Community Charges (Substitute Setting) Act 1991 (c. 8), ss. 1(1)(2)(a), 6(3)

F2Words in s. 35(3)(c) inserted (21. 3. 1991) by Community Charges (Substitute Setting) Act 1991 (c. 8), ss. 1(1)(2)(a), 6(3)

F3Words repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(4), 195(2), Sch. 12 Pt. II

F4S. 35(3)(d) repealed (21. 3. 1991) by Community Charges (Substitute Setting) Act 1991 (c. 8), ss. 1(1)(2)(b), 5(5), 6(3), Sch.

F5S. 35(3)(da) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 17(2)

F6Paragraph number substituted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 17(3)

F7S. 35(3A)(3B) inserted (21. 3. 1991) by Community Charges (Substitute Setting) Act 1991 (c. 8), ss. 1(1)(3), 6(3)

F8Word in s. 35(5)(c) inserted (21. 3. 1991) by Community Charges (Substitute Setting) Act 1991 (c. 8), ss. 1(1)(4), 6(3)

F9Words in s. 35(5)(c) inserted (21. 3. 1991) by Community Charges (Substitute Setting) Act 1991 (c. 8), ss. 1(1)(4), 6(3)