Counter-Inflation Act 1973

16 Power to obtain information about rates from rating and other authorities

(1) The Secretary of State may by order made before 1st April 1974 require any rating or other authority to which this section applies to furnish to him such information as the order may specify in relation to—

(a) any rate made, or precept or requisition issued, by the authority for the financial year 1973-74 or any part of that year, or

(b) any rate, precept or requisition which they propose to make or issue for the financial year 1973-74 or 1974-75 or any part of either of those years.

(2) Without prejudice to the generality of subsection (1) above, any such order may require an authority to which it applies to furnish information as to—

(a) the authority's estimated future expenditure and income,

(b) the amount of their proposed rate, precept or requisition,

(c) the estimated product of a penny rate in their area,

(d) the amount of, and the estimates made in relation to, the authority's expenditure and income in any previous year, and

(e) the assumptions about inflation, population changes, rate support grant, and other relevant matters on which the authority's proposals are based,

and may require the authority to furnish any information called for by the order before such time as may be specified in the order.

(3) The authorities to which this section applies are—

(a) in England and Wales, rating authorities within the meaning of section 1 of the [1967 c. 9.] General Rate Act 1967 and authorities having power to issue a precept to a rating authority,

(b) in Scotland, local authorities, joint boards and joint committees within the meaning of the [1947 c. 43.] Local Government (Scotland) Act 1947 and regional water boards and water development boards within the meaning of the [1967 c. 78.] Water (Scotland) Act 1967, and

(c) in Northern Ireland, district councils established under the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972.

(4) Where an authority to which subsection (6) of section 12 of the General Rate Act 1967 applies (precept to be issued, or information to be given, not less than twenty-one days before the beginning of the year or half year in which the rate concerned is to be levied) propose to issue a precept, the Secretary of State may, if he considers that the requirement in the said subsection (6) is inappropriate in all the circumstances of the case, direct that in place of that requirement there shall be substituted such other requirement as to the giving of notice to the rating authority affected as the Secretary of State considers appropriate; and the said subsection (6) shall not have effect in a case where the Secretary of State has given such a direction.

(5) Where by any enactment a date is prescribed by which any one of the bodies mentioned in subsection (3)(b) above must cause any requisition to be sent to a local authority, the Secretary of State may in any particular case, if he considers that in all the circumstances of that case a later date should be substituted for the date so prescribed, direct that such later date as he considers appropriate be substituted for that date; and in relation to that case the said enactment shall have effect subject to that direction.

(6) Where at any time an authority to which this section applies have—

(a) made a rate for the financial year 1973-74 or 1974-75 or any part of either of those years, or

(b) issued a precept or requisition in respect of any such period,

and subsequently it appears to them that the amount of that rate, precept or requisition, as the case may be, exceeds the amount which they require in respect of that period they may, by way of substitution for that rate, precept or requisition, make a new rate or issue a new precept or requisition, as the case may be.

(7) Where, by virtue of subsection (6) above, an authority have substituted a lower rate for a rate made earlier, section 5 of the [1967 c. 9.] General Rate Act 1967 and section 237 of the said Act of 1947 shall not apply to the substituted rate, but the authority shall take such steps as they consider appropriate—

(a) to draw to the attention of any person on whom a rate demand has been served under either of those sections details of the consequential alteration in the amount due from that person, and

(b) to ensure that any resulting overpayment made to the authority is refunded.

(8) If the Secretary of State is satisfied that an authority have failed to discharge any duty imposed on them by an order under this section, he may make a further order declaring the authority to be in default in respect of that duty, and giving such directions for the purpose of enforcing the execution of that duty as appear to him to be expedient.

(9) Any directions given in an order under subsection (8) above shall be enforceable, on an application made on behalf of the Secretary of State, by mandamus ; and, in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the [1868 c. 100.] Court of Session Act 1868.

(10) An order or direction under this section may vary or revoke any previous order or direction thereunder.

(11) In this section as it applies in Scotland " financial year " has the same meaning as in section 174 of the said Act of 1947.