The Local Government Finance (Payments) (English Authorities) Regulations 1990

PART I CHARGING AUTHORITIES

3.—(1) Paragraphs (2) to (4) below apply in any case where–

(a) the Secretary of State is liable to pay to a charging authority at any time an amount or amounts under one or more of the first relevant provisions, and

(b) that charging authority is liable to pay to him at the same time an amount or amounts under one or more of the second relevant provisions.

(2) If the total of the amount or amounts mentioned in paragraph (1)(a) above exceeds the total of the amount or amounts mentioned in paragraph (1)(b) above, the Secretary of State may set off the latter in paying the former.

(3) If the total of the amount or amounts mentioned in paragraph (1)(b) above exceeds the total of the amount or amounts mentioned in paragraph (1)(a) above, the charging authority shall set off the latter in paying the former.

(4) If the total of the amount or amounts mentioned in paragraph (1)(a) above is the same as the total of the amount or amounts mentioned in paragraph (1)(b) above, no payment need be made in respect of the former or the latter.

4.—(1) Where the Secretary of State exercises his powers under paragraph (2) of regulation 3, any liability of the charging authority which has been set off in accordance with that paragraph, and the part of the liability of the Secretary of State against which that liability has been set off, shall be treated as discharged.

(2) Where a charging authority sets off any amount in accordance with paragraph (3) of regulation 3, any liability of the Secretary of State which is set off in accordance with that paragraph, and the part of the liability of the authority against which that liability has been set off, shall be treated as discharged.

(3) Where in accordance with regulation 3(4) no payment is made by the Secretary of State or the charging authority, their respective liabilities which are taken into account shall be treated as discharged.