Local Government and Housing Act 1989

147 Adjustment of block grant. E+W

(1) This section applies for any year in relation to which, immediately before the passing of this Act, the obligation imposed on the Secretary of State by the paragraph 5 pooling provisions to as certain the actual amount of the increases and decreases of block grant to be made for the year in accordance with those provisions had not yet arisen.

(2) As soon as is reasonably practicable after the passing of this Act the Secretary of State shall ascertain, for a year for which this section applies, the amount of the increases and decreases of block grant which ought to be made in accordance with the paragraph 5 pooling provisions.

(3) Subsection (4), subsection (5) or subsection (6) below (as the case maybe) applies where, for the purpose of so ascertaining, the Secretary of State needs to find the amount of a local authority’s expenditure in relation to the year or the amount of any part of that expenditure.

(4) Where the year begins in 1987 or before, he shall find the amount concerned by reference to—

(a) figures which relate to the authority’s actual expenditure incurred for the year and which were received by him before the relevant date, or

(b) if no such figures were received by him before that date, any other information in his possession on that date about the expenditure incurred by the authority for the year.

(5) Where the year begins in 1988, he shall find the amount concerned by reference to any information in his possession on the relevant date about the expenditure incurred and likely to be incurred by the authority for the year.

(6) Where the year begins in 1989, he shall find the amount concerned by reference to any information in his possession on the relevant date about the expenditure likely to be incurred by the authority for the year.

(7) Where the year begins in 1988, and the amount concerned is the amount of the authority’s relevant education expenditure for the year, he shall find the amount by reference to—

(a) audited accounts which relate to that expenditure, which are in such form as the Secretary of State may specify and which were received by him before the second relevant date; or

(b) if no such accounts were received by him before the second relevant date, any information in his possession on the relevant date about that expenditure;

and subsection (5) above shall have effect subject to the preceding provisions of this subsection.

(8) In making payments of block grant after the passing of this Act, the Secretary of State shall adjust amounts paid so as to take account, so far as practicable, of increases and decreases ascertained under subsection (2)above.

(9) As regards anything done after the passing of this Act for a year for which this section applies, the paragraph 5 pooling provisions shall have effect—

(a) with the omission of paragraph 5(2) of Schedule 10 to the 1980 Act, and

(b) with such other modifications as result from this section.

(10) In this section—

• “local authority”, in relation to any year, means any body which for that year is a local authority for the purposes of Part VI of the1980 Act;

• “the 1980 Act” means the M1 Local Government, Planning and Land Act 1980;

• “the paragraph 5 pooling provisions” means paragraph 5 of Schedule 10 to the 1980 Act and regulations made under that paragraph (adjustment of block grant);

• “the relevant date” means 1st February 1989 and “the second relevant date” means 1st October 1989;

• “year” means a period of twelve months beginning with 1st April.

(11) For the purposes of this section an authority’s relevant education expenditure for the year beginning in 1988 is its expenditure which—

(a) was incurred in the year, and

(b) was incurred by way of payments falling within regulation 3(3)(d) or (e)of the M2 Block Grant (Education Adjustments) (England) Regulations 1987.

Marginal Citations

M1 1980 c. 65.

M2 S.I. 1987/347.