Local Government Finance Act 1992

54 Power to designate authorities. E+W

(1) As regards a financial year the Secretary of State may designate an authority if in his opinion—

(a) the amount calculated by it as its budget requirement for the year is excessive; or

(b) there is an excessive increase in the amount so calculated over the amount calculated by it as its budget requirement for the preceding financial year.

(2) A decision whether to designate an authority shall be made in accordance with principles determined by the Secretary of State and, in the case of an authority falling within any of the classes specified in subsection (3) [F1 or (3A)]below, those principles shall be the same either—

(a) for all authorities falling within that class; or

(b) for all of them which respectively have and have not been designated under this Chapter, or (as the case may be) Part VII of the 1988 Act, as regards the preceding financial year.

(3) The classes [F1 , in relation to England,] are—

(a) councils of metropolitan districts;

[F2 (b) councils of non-metropolitan districts which do not have the functions of county councils;]

(c) councils of inner London boroughs;

(d) councils of outer London boroughs;

[F3 (e) county councils which do not have the functions of district councils;

(ea) councils of non-metropolitan districts which have the functions of county councils, and county councils which have the functions of district councils;]

[F4 (f) police authorities established under section 3 of the M1 Police Act 1964;]

(g) metropolitan county fire and civil defence authorities.

[F5 (3A) The classes, in relation to Wales, are—

(a) county councils and county borough councils; and

(b) police authorities established under section 3 of the M2 Police Act 1964.]

(4) Subject to subsection (6) below, any reference in subsection (1) above to the amount calculated by a billing authority as its budget requirement for a financial year shall be construed as a reference to the amount so calculated less the aggregate amount for the year of any precepts—

(a) issued to it by local precepting authorities; or

(b) anticipated by it in pursuance of regulations under section 41 above,

which were taken into account by it in making the calculation under section 32(2) above.

(5) In construing subsection (1) above any calculation for which another has been substituted at the time designation is proposed shall be ignored.

(6) The Secretary of State may by order provide that subsection (4) above shall not apply in relation to—

(a) any financial year specified in the order; or

(b) any other financial year in so far as it provides the basis of comparison for the purposes of subsection (1)(b) above in relation to a year so specified.

(7) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of the House of Commons.

Textual Amendments

F1 Words in s. 54(2)(3) inserted (1.10.1995 subject to art. 5(6) of the commencing S.I.) by 1994 c. 19, s. 66(6), Sch. 16 para. 98 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 5(1), Sch. 3

F2 S. 54(3)(b) substituted (28.11.1994) by S.I. 1994/2825, reg. 11(a)

F3 S. 54(3)(e)(ea) substituted for s. 54(3)(e) (28.11.1994) by S.I. 1994/2825, reg. 11(b)

F4 S. 54(3)(f) substituted (1.11.1994) by 1994 c. 29, s. 27(2); S.I. 1994/2025, art. 7(2)(b)

F5 S. 54(3A) inserted (1.10.1995 subject to art. 5(6) of the commencing S.I.) by 1994 c. 19, s. 66(6), Sch. 16 para. 98 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 5(1), Sch. 3

Modifications etc. (not altering text)

C1 S. 54(4) modified (E.) (1.2.1993) by S.I. 1993/22, art. 3(3)(c)

S. 54(4) modified (15.2.1995) by S.I. 1995/161, art. 3(2)(c)

Marginal Citations

M1 1964 c. 48.

M2 1964 c. 48.