The Local Government (Structural Changes) (Further Financial Provisions and Amendment) Regulations 2009

Anticipation of amounts required to discharge functions of charter trustees

6.—(1) Section 32 of the 1992 Act (calculation of budget requirement) shall have effect in relation to—

(a) a preparing or shadow council which, by virtue of regulation 8 of the Local Government (Structural Changes)(Finance) Regulations 2008(1), is the billing authority for an area for any part of which charter trustees are likely to be established on the reorganisation date; and

(b) the financial year beginning on that date,

as if, notwithstanding subsection (6), it required the authority, in making calculations under that section (whether originally of by way of substitute(2)), to anticipate the amount likely to be required in that financial year for the discharge of the charter trustees’ functions.

(2) An amount anticipated as mentioned in paragraph (1) shall be treated for the purposes of section 34 of the 1992 Act (additional calculations where special items relate to part only of area) as if it were an item mentioned in section 35(1) of that Act (special items for purposes of section 34) relating to the area for which the charter trustees are to act.

(3) Where paragraph (1) applies—

(a) section 37(1) of the 1992 Act (substitute calculations) shall have effect as if after “purpose” there were inserted “and taking into account the modification of that section by regulation 6(1) of the Local Government (Structural Changes) (Further Financial Provisions and Amendment) Regulations 2008”; and

(b) subsection (1)(b) of section 52X of the 1992 Act (calculations to be net of precepts) and subsection (2) of section 52Y of that Act (information for the purposes of Chapter 4A) shall have effect as if references to the aggregate amount of precepts anticipated by a billing authority in pursuance of regulations under section 41 of that Act included references to an amount anticipated under paragraph (1) of this regulation(3).

(1)

S. I. 2008/3022. See regulation 8 and the definitions of “first year” and “relevant authority” in regulation 1(2).

(2)

As to substitute calculations, see section 37 of the 1992 Act.

(3)

Chapter 4A, which includes sections 52X and 52Y, was inserted by the Local Government Act 1999 (c.27), section 30 and Schedule 1.