Version Superseded: 03/12/2011
Point in time view as at 05/12/2005. This version of this provision has been superseded.
Local Government Finance Act 1992, Section 52B is up to date with all changes known to be in force on or before 08 March 2025. 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.
(1)If in the Secretary of State’s opinion the amount calculated by an authority as its budget requirement for a financial year (the year under consideration) is excessive, he may exercise his power to designate or nominate the authority under section 52D below.
(2)The question whether the amount so calculated is excessive must be decided in accordance with a set of principles determined by the Secretary of State.
(3)A set of principles—
(a)may contain one principle or two or more principles;
(b)must constitute or include a comparison falling within subsection (4) below or comparisons each of which falls within subsection (4).
(4)A comparison falls within this subsection if—
(a)it is between the amount calculated by the authority as its budget requirement for the year under consideration and the amount calculated by it as its budget requirement for a financial year falling before the year under consideration;
(b)the earlier financial year in the comparison does not fall before that beginning with 1st April 1998.
(5)If for the purposes of this section the Secretary of State determines categories of authorities for the year under consideration—
(a)any principles determined for the year must be such that the same set is determined for all authorities (if more than one) falling within the same category;
(b)as regards an authority which does not fall within any of the categories, the Secretary of State may not exercise his power to designate or nominate the authority under section 52D below by reference to the excessiveness of its budget requirement for the year.
(6)If he does not determine such categories, any principles determined for the year under consideration must be such that the same set is determined for all authorities.
(7)In determining categories of authorities for the year under consideration the Secretary of State shall take into account any information he thinks is relevant.
(8)In applying this section the Secretary of State shall ignore any calculation for which another has been substituted at the time designation or nomination is proposed.]
Textual Amendments
F1Chapter 4A (ss. 52A-52Z) inserted (27.7.1999 with effect as mentioned in s. 30(2) of the amending Act.) by 1999 c. 27, s. 30(1), Sch. 1 para. 1
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