Non-Domestic Rating Act 1992

Non-domestic rating: transitional pooling E+W

4 The distributable amount. E+W

(1) In Schedule 8 to the 1988 Act (non-domestic rating: pooling), paragraph 9 (distributable amount) shall have effect in relation to the financial years beginning in 1993 and 1994 as if—

(a) in sub-paragraph (1)(a), after the word “year” there were inserted the words “ otherwise than under paragraph 2(1)(d) above ”; and

(b) after sub-paragraph (3) there were inserted the following sub-paragraphs—

“(3A) The [F1 Welsh Ministers ]shall also—

(a) estimate the amount by which, if the Non-Domestic Rating Act 1992 had not been enacted, the amount calculated under sub-paragraph (3) above would have been greater than it is; and

(b) add to the amount calculated under that sub-paragraph such amount as (having regard to that estimate) [F2 they consider ] appropriate.

(3B) In making any estimate under sub-paragraph (3A) above the [F3 Welsh Ministers] may make such assumptions as [F4 they think] fit.”

(2) The reference in sub-paragraph (4) of that paragraph to the amount arrived at under that paragraph shall be construed, in relation to those financial years, as a reference to the amount arrived at under sub-paragraph (3) read with sub-paragraph (3A) of that paragraph.

Textual Amendments

F1 Words in s. 4(1)(b) substituted (31.10.2012 and with effect in accordance with s. 5(3)) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 20(2)(a)

F2 Words in s. 4(1)(b) substituted (31.10.2012 and with effect in accordance with s. 5(3)) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 20(2)(b)

F3 Words in s. 4(1)(b) substituted (with effect in accordance with s. 5(3) of the amending Act) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 20(3)(a)

F4 Words in s. 4(1)(b) substituted (31.10.2012 and with effect in accordance with s. 5(3)) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 20(3)(b)

Modifications etc. (not altering text)

C1 S. 4 modified (6.7.1993) by 1993 c. 17, s.2 (with s. 5(1)); S.I. 1993/1512, art.2

C2 S. 4(1) modified (24.2.1994) by 1994 c. 3, s. 3(2)

Commencement Information

I1 S. 4 wholly in force at 16.7.1992 see s. 10(2) and S.I. 1992/1642, art. 2

5 Non-domestic rating accounts and contributions. E+W

(1) In Schedule 8 to the 1988 Act, paragraph 2(1) (credits to non-domestic rating accounts) shall have effect in relation to the financial years beginning in 1993 and 1994 as if—

(a) the word “and” immediately following paragraph (b) were omitted; and

(b) after paragraph (c) there were inserted the words “and

(d) the amount added by [F5 them] under sub-paragraph (3A) of paragraph 9 below to the amount calculated by [F5 them] for the year under sub-paragraph (3) of that paragraph.”

(2) Paragraph 6(6) (non-domestic rating contributions) of that Schedule shall have effect in relation to the financial years beginning in 1992, 1993 and 1994 as if for paragraph (a) there were substituted the following paragraph—

“(a) provision as to the recalculation of the provisional amount, including provision—

(i) as to the procedure to be adopted for recalculation if the prescribed conditions are fulfilled;

(ii) as to the information on which any recalculation is to be based;

(iii) prescribing assumptions subject to which that information is to be read;”.

Textual Amendments

F5 Word in s. 5(1)(b) substituted (31.10.2012 and with effect in accordance with s. 5(3)) by Local Government Finance Act 2012 (c. 17), Sch. 3 para. 21

Modifications etc. (not altering text)

C3 S. 5 modified (6.7.1993) by 1993 c. 17, s.2 (with s. 5(1)); S.I. 1993/1512, art.2

Commencement Information

I2 S. 5 wholly in force; s. 5(2) in force at 23.6.1992 see s. 10(2) and S.I. 1992/1486, art. 2; s. 5(1)(3) in force at 16. 7. 1992 see s. 10(2) and S.I. 1992/1642, art. 2.