The Waste Regulation and Disposal (Authorities) Order 1985

Levies

7.—(1) An authority may in respect of the financial year beginning on 1st April 1986 and any subsequent financial year make levies on its constituent councils to meet all liabilities falling to be discharged by it for which provision is not otherwise made.

(2) Subject to article 12(2) and (3), the amount to be levied by an authority in respect of any financial year from each of its constituent councils shall be determined by apportioning the total amount to be levied by that authority in that year between those councils in such proportions as they may agree or, in default of agreement, in proportion to the populations of their respective areas.

(3) The population of an area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to 30th June in the financial year two years before the financial year in question.

(4) A levy on a constituent council shall be made by issuing the council with a demand stating the date or dates on or before which a payment or payments in respect of the levy are required to be made and the amount of that payment or each of those payments.

(5) The demand must be issued, or information as to the amount to be subsequently demanded must be given, to a constituent council not less than twenty-one days before the beginning of the financial year to which the levy relates.

(6) The following enactments—

(a) sections 11 and 12(8) and (9) of the General Rate Act 1967 (money to be raised by precepts and liability for interest where amount due under a precept is unpaid);

(b) section 15 of that Act (power to secure payment of precept); and

(c) section 14 of the Rates Act 1984 (information as to precepts and precepting authorities),

shall apply to a levy issued by an authority established by this order and to such an authority as they apply to a precept issued by a precepting authority and to the precepting authority taking the reference in section 11 to rates as a reference to levies and with the omission in section 15(1) of the words “the rating authority have refused or through wilful neglect or wilful default failed to raise that amount by a rate, or that, having raised the amount by a rate”.

(7) For the purposes of any other enactment (including in particular section 34 of the Local Loans Act 1875) any sum levied under this article shall be treated as money to be raised out of a rate.