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Rating and Valuation (Amendment) (Scotland) Act 1984

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This is the original version (as it was originally enacted).

5A(1)Subject to subsections (2) and (3) below, where an element of rate support grant payable to a local authority has been reduced under section 5 of this Act, the Secretary of State may—

(a)restore to the local authority some or all of the reduction if he considers that their subsequent conduct has been such as to merit such restoration ;

(b)in respect of the year to which the failure or the excessive and unreasonable expenditure or estimated expenses relates, determine by order that an amount not greater than the reduction shall be distributed—

(i)on such basis ; and

(ii)among such other local authorities,

as he thinks fit, by means of an increase in the needs element payable to each of those other authorities: Provided that, in a case where an amount is restored under paragraph (a) above, an amount distributed under this paragraph shall not exceed the difference between the reduction and the amount so restored.

(2)An order under subsection (1) above shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.

(3)After the Secretary of State has, under regulation 9(3) of the Rate Support Grant (Scotland) Regulations 1975, (or any regulation making like provision), made and given due notification of a conclusive calculation of amounts which include the amount reduced—

(a)no restoration relating to the reduction shall take place under paragraph (a) of subsection (1) above; and

(b)no order, under paragraph (b) of that subsection, so relating shall be made, amended or (until spent) revoked.

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