The Local Government Reorganisation (Wales)(Finance) Order 1996

Local Government Finance Act 1988

Charging authorities

13.  For the purposes of the exercise of its functions under Part I of the 1988 Act a new authority shall, on and after 1st April 1996, be deemed to be a charging authority.

Community charges register

14.—(1) The community charges register or the relevant part of such a register, compiled and maintained in accordance with Part I of the 1988 Act for an old authority, shall on and after 1st April 1996 be the community charges register or part of the register of the successor authority.

(2) The community charges register of a successor authority shall be deemed to be the community charges register of a charging authority.

(3) For the purposes of paragraph (1), the relevant part of a register compiled for an old authority is that which contains items in respect of residences, properties and dwellings situated in the area of the successor authority.

Community charges registration officer

15.—(1) On and after 1st April 1996 there shall be a community charges registration officer for each new authority.

(2) The officer having responsibility for the administration of a new authority’s affairs under section 151 of the 1972 Act (financial administration) shall be the community charges registration officer for the new authority.

(3) The community charges registration officers for the new authorities shall have the same functions in relation to the community charge as the registration officers for the Welsh charging authorities would have had if the old authorities had not been abolished.

(4) A community charges registration officer for a new authority shall be deemed to be the community charges registration officer of a charging authority.

(5) Any action or proceeding pending or existing immediately before 1st April 1996 by, or against, the community charges registration officer of an old authority may, so far as is required for continuing its effect on and after that date, be continued, prosecuted and enforced by, or against, the community charges registration officer of the relevant new authority.

(6) In paragraph (5), “relevant new authority” is the new authority for that part of the area of the old authority in which is situated the residence, property or dwelling by virtue of which a community charge is payable to the old authority, and in relation to which the action or proceeding is pending or existing.

Non-domestic rating: contribution and distribution

16.—(1) Any functions under Parts II and III of Schedule 8 to the 1988 Act (contribution and distribution)(1) exercisable by or in relation to a divided authority shall be exercisable as regards a preceding year on or after 1st April 1996 by or in relation to the designated authority.

(2) For the purposes of paragraph (1), anything done by or in relation to a divided authority before 1st April 1996 in the exercise of any function under Parts II and III of Schedule 8 to the 1988 Act shall on and after 1st April 1996 be treated as if it had been done by or in relation to the designated authority.

(3) Paragraph 6(2) of Part II of Schedule 8 to the 1988 Act shall have effect on and after 1st April 1996 as if any calculation made under paragraph 5 of that Part of that Schedule by the designated authority of the amount of a divided authority’s non-domestic rating contribution for a preceding year were required to be made on the basis of the information before the divided authority on 31st March 1996.

Grants

17.—(1) Any functions of the Secretary of State or a local authority exercisable under Part V of the 1988 Act (grants)(2) by or in relation to a divided authority in respect of a preceding year shall on and after 1st April 1996 be exercisable by or in relation to the designated authority.

(2) For the purposes of paragraph (1), anything done by or in relation to a divided authority in the exercise of any function under Part V of the 1988 Act shall be treated as if it had been done by or in relation to the designated authority.

Transport grants

18.  For the purposes of section 87(5)(a) of the 1988 Act any relevant transport expenditure of an old authority in relation to an area shall on and after 1st April 1996 be treated as if it had been the expenditure of the successor authority in relation to that area.

Financial administration: reports of the chief finance officer of an old authority

19.—(1) Where prior to 11th March 1996—

(a) the chief finance officer of an old authority has made a report under section 114 of the 1988 Act (functions of responsible officer as regards reports)(3); and

(b) a meeting in respect of that report has not been held under section 115 of that Act (authority’s duties as regards reports),

the chief finance officer of the old authority shall on 11th March 1996 send a copy of the report to the chief finance officer of each successor authority.

(2) Where the chief finance officer of the old authority makes a report under section 114 of the 1988 Act on or after 11th March 1996 he shall, as soon as is reasonably practicable, send a copy of the report to the chief finance officer of each successor authority.

(3) The chief finance officer of a successor authority shall, as soon as is reasonably practicable after receiving a copy of a report under paragraph (1) or (2), send a copy of it to the person who has the duty to audit the successor authority’s accounts and each person who is a member of the successor authority.

(4) The copy of the report sent under paragraph (3) shall be accompanied by a notice stating that if the old authority has not held a meeting in respect of the report under section 115 of the 1988 Act before 1st April 1996 the successor authority shall hold such a meeting not later than 22nd April 1996.

(5) If a meeting in respect of a report such as is mentioned in paragraph (1) or (2) is held by the old authority before 1st April 1996 its chief finance officer shall, as soon as is reasonably practicable after the meeting, notify the chief finance officer of each successor authority of any decision made at the meeting.

(6) If the old authority has not held a meeting in respect of a report such as is mentioned in paragraph (1) or (2) before 1st April 1996, each successor authority shall hold such a meeting not later than 22nd April 1996 and, subject to paragraph (7), sections 115 and 116 of that Act (information about meetings) shall apply accordingly.

(7) The prohibition period referred to in section 115 of that Act shall mean the period—

(a) beginning with the day on which copies of the report are sent under paragraph (3), and

(b) ending with the first working day to fall after the day (if any) on which the successor authority’s consideration of the report under section 115(2) is concluded.

Financial administration: reports of the chief finance officer of a designated authority

20.—(1) The duties under section 114 of the 1988 Act of the chief finance officer of a designated authority shall apply to him on and after 1st April 1996, as regards any preceding year, as if references in subsection (3) of that section to expenditure incurred and resources available to an authority included references to expenditure incurred and resources available to the old authority, and, subject to paragraphs (2) and (3), sections 114 to 116 of that Act shall apply accordingly.

(2) Where the chief finance officer of the designated authority has made a report under section 114 of that Act concerning the old authority he shall send a copy of it to—

(a) the person who at the time the report is made has the duty to audit the accounts of the old authority, and

(b) each person who at that time is a member of the designated authority.

(3) Where the designated authority proposes to hold a meeting under section 115 of the 1988 Act in respect of a report concerning the old authority the chief finance officer of the designated authority shall—

(a) as soon as is reasonably practicable, notify the person referred to in paragraph (2)(a) of the date, time and place of the proposed meeting; and

(b) as soon as is reasonably practicable after the meeting is held, notify that person of any decision made at the meeting.

Financial administration: reports of the chief finance officer of a successor authority

21.—(1) Subject to paragraph (2), the duties under section 114 of the 1988 Act of the chief finance officer of a successor authority shall apply to him on and after 1st April 1996 as if references in subsection (2) of that section to decisions made or courses of action taken by an authority included references to decisions made or courses of action taken respectively by the old authority and sections 114 to 116 of that Act shall apply accordingly.

(2) Paragraph (1) shall only apply where the chief finance officer of the successor authority considers that a decision made or course of action taken respectively by the old authority affects the successor authority.

(1)

Part II was amended and Part III was substituted by, respectively, paragraphs 6 and 7 of Schedule 10 to the Local Government Finance Act 1992.

(2)

Part V was amended by Schedule 5 to the 1989 Act and Schedule 10 to the Local Government Finance Act 1992.

(3)

Section 114 was amended by paragraph 66 of Schedule 5 to the 1989 Act.