Local Government Finance Act 1992

[F152U Duty of designated precepting authority.E+W

(1)This section applies if a major precepting authority receives a notice under section 52Q(7), 52R(2) or 52S(4) above.

(2)If it has not made calculations in relation to the year in accordance with—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)sections 43 to 48 above F3...,

in making such calculations it shall secure that the amount calculated by it as its budget requirement for the year does not exceed that stated in the notice.

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where the authority F5... has made—

(a)calculations in accordance with sections 43 to 48 above, or

(b)substitute calculations in accordance with section 49 above,

in relation to the year, it shall make substitute calculations in relation to the year in accordance with sections 43 to 48.

(5)The substitute calculations required by subsection F6... (4) shall be made so as to secure—

(a)that the amount calculated by the authority as its budget requirement for the year does not exceed that stated in the notice, and

(b)that any amount calculated under section 44(1) or 45(2) or (3) above as the basic amount of council tax applicable to any dwelling does not exceed that so calculated in the previous calculations.

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Subsection (5)(b) above does not apply in a case where the amount stated in the notice exceeds that already calculated by the authority as its budget requirement for the year.

(8)In making substitute calculations under section 44(1) or 45(3) above the authority must use any amount determined in the previous calculations for item P or T in section 44(1) above or item TP in section 45(3) above.

F8(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)For the purposes of subsection (8) above the authority may treat any amount determined in the previous calculations for item P in section 44(1) above as increased by the amount of any sum which—

(a)it estimates will be payable to it for the year in respect of additional grant, and

(b)was not taken into account by it in making those calculations.

F9(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)References in this section to the amount stated in the notice are, in the case of a notice under section 52Q(7) above, to the amount stated under section 52Q(7)(a).]

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