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Local Government Finance Act 1992, Section 49A is up to date with all changes known to be in force on or before 22 December 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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(1)In relation to each financial year a local precepting authority in England must make the calculations required by this section.
(2)The authority must calculate the aggregate of—
(a)the expenditure the authority estimates it will incur in the year in performing its functions and will charge to a revenue account for the year in accordance with proper practices,
(b)such allowance as the authority estimates will be appropriate for contingencies in relation to amounts to be charged or credited to a revenue account for the year in accordance with proper practices,
(c)the financial reserves which the authority estimates it will be appropriate to raise in the year for meeting its estimated future expenditure, and
(d)such financial reserves as are sufficient to meet so much of the amount estimated by the authority to be a revenue account deficit for any earlier financial year as has not already been provided for.
(3)The authority must calculate the aggregate of—
(a)the income which it estimates will accrue to it in the year and which it will credit to a revenue account for the year in accordance with proper practices, other than income which it estimates will accrue to it in respect of any precept issued by it, and
(b)the amount of the financial reserves which the authority estimates that it will use in order to provide for the items mentioned in paragraphs (a) and (b) of subsection (2) above.
(4)If the aggregate calculated under subsection (2) above exceeds that calculated under subsection (3) above, the authority must calculate the amount equal to the difference; and the amount so calculated is to be its council tax requirement for the year.
(5)For the purposes of subsection (2)(c) above an authority's estimated future expenditure is—
(a)that which the authority estimates it will incur in the financial year following the year in question, will charge to a revenue account for the year in accordance with proper practices and will have to defray in the year before the following sums are sufficiently available, namely, sums—
(i)which will be payable to it for the year, and
(ii)in respect of which amounts will be credited to a revenue account for the year in accordance with proper practices, and
(b)that which the authority estimates it will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year in accordance with proper practices.
(6)This section is subject to section 52ZV below (which requires a direction to a local precepting authority that the referendum provisions in Chapter 4ZA are not to apply to the authority for a financial year to state the amount of the authority's council tax requirement for the year).]
Textual Amendments
F1Ss. 49A, 49B inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 78, 240(2); S.I. 2011/2896, art. 2(g)
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