F1Part II

Annotations:
Amendments (Textual)
F1

Pts. I and II (ss. 1-40) repealed (6.3.1992) by 1992 c. 14, s. 117(2), Sch.14 (with s. 118(1)(2)(4))

Charges

35BF2Substitutions: maximum amounts.

1

Subsection (2) below applies where—

a

section 35(1) above applies in the case of a charging authority in circumstances where section 35(3) applies,

b

apart from this section, any amount set in substitution under section 35(1) would be greater than the amount for which it is required to be substituted, and

c

subsection (3) below does not prevent subsection (2) below applying.

2

In such a case—

a

any amount set in substitution under section 35(1) shall be no greater than the amount for which it is required to be substituted, and

b

section 35(3) shall have effect subject to paragraph (a) above.

3

Subsection (2) above does not apply where the precept giving rise to the application of section 35(1) is—

a

an original precept, or

b

a precept issued in substitution for one quashed because of a failure to fulfil section 68(3) or 69(3) or (4) below.

4

Subsection (5) below applies where—

a

section 35(4) above applies in the case of a charging authority in circumstances where section 35(5) applies,

b

apart from this section, any amount set in substitution under section 35(4) would be greater than the amount for which it is required to be substituted, and

c

subsection (6) below does not prevent subsection (5) below applying.

5

In such a case—

a

any amount set in substitution under section 35(4) shall be no greater than the amount for which it is required to be substituted, and

b

section 35(5) shall have effect subject to paragraph (a) above.

6

Subsection (5) above does not apply where the calculations giving rise to the application of section 35(4) are made because a previous calculation under section 95(4) below has been quashed because of a failure to comply with section 95 in making the calculation.