Local Government Finance Act 1987

SCHEDULE 3 Rate Support Grant: Special Provisions

Consultation

1 (1) Sub-paragraphs (2) and (3) below apply as regards the Rate Support Grant Report for England for the year beginning in 1987 and the Rate Support Grant Report for Wales for that year.

(2) If the Secretary of State proposes to include in such a Report any specification under section 1(6), 2(4) or 3(1), (7) or (8) of this Act in respect of that year, section 60(5) of the 1980 Act shall not require consultation to be made (as regards that Report) as to any matter relating to such a specification.

(3) The requirements of section 60(5) of the 1980 Act may be satisfied (as regards such a Report) by consultation before the passing of this Act; and the requirement in section 54(4) of that Act to consult may be satisfied (as regards a determination to be specified in such a Report) by consultation before the passing of this Act.

(4) Sub-paragraphs (5) and (6) below apply as regards—

(a) the first supplementary report proposed to be made after the passing of this Act for England for the year beginning in 1985,

(b) the first supplementary report proposed to be so made for England for the year beginning in 1986, and

(c) the first supplementary report proposed to be so made for Wales for the year beginning in 1986.

(5) If the Secretary of State proposes to include in such a report any specification under section 1(6), 2(4) or 3(1), (7) or (8) of this Act in respect of the year concerned, section 60(5) of the 1980 Act (as applied by section 61(2)) shall not require consultation to be made (as regards that report) as to any matter relating to such a specification.

(6) The requirements of section 60(5) of the 1980 Act (as applied by section 61(2)) may be satisfied (as regards such a report) by consultation before the passing of this Act; and the requirement in section 54(4) of that Act to consult may be satisfied (as regards a fresh determination to be specified in such a Report) by consultation before the passing of this Act.

(7) Sub-paragraphs (2) and (3) above also apply as regards any Report proposed to be made in substitution (directly or indirectly) for any Report mentioned in sub-paragraph (1) above.

(8) Sub-paragraphs (5) and (6) above also apply as regards any report proposed to be made in substitution (directly or indirectly) for—

(a) the first supplementary report made after the passing of this Act for England for the year beginning in 1985,

(b) the first supplementary report so made for England for the year beginning in 1986, or

(c) the first supplementary report so made for Wales for the year beginning in 1986.

(9) In a case where sub-paragraph (2) or (5) above applies, section 9(4) of this Act shall not apply in relation to the exercise of the power to specify.

Certain matters to be disregarded

2 (1) In making any determination or doing any other thing (other than making an excepted specification) after the passing of this Act for the purposes of any relevant report, the Secretary of State shall leave out of account information and representations received by him on or after the relevant date.

(2) In this paragraph “relevant report” means any report as regards which paragraph 1(2) and (3) above or 1(5) and (6) above apply.

(3) In this paragraph “the relevant date” means 20th December 1986 in the case of—

(a) the Rate Support Grant Report for England for the year beginning in 1987,

(b) any Report proposed to be made in substitution (directly or indirectly) for the Report mentioned in paragraph (a) above,

(c) the report mentioned in paragraph 1(4)(b) above, or

(d) any report proposed to be made in substitution (directly or indirectly) for the report mentioned in paragraph 1(8)(b) above.

(4) In this paragraph “the relevant date” means 11th December 1986 in the case of—

(a) the report mentioned in paragraph 1(4)(a) above, or

(b) any report proposed to be made in substitution (directly or indirectly) for the report mentioned in paragraph 1(8)(a) above.

(5) In this paragraph “the relevant date” means 4th December 1986 in the case of—

(a) the Rate Support Grant Report for Wales for the year beginning in 1987,

(b) any Report proposed to be made in substitution (directly or indirectly) for the Report mentioned in paragraph (a) above,

(c) the report mentioned in paragraph 1(4)(c) above, or

(d) any report proposed to be made in substitution (directly or indirectly) for the report mentioned in paragraph 1(8)(c) above.

(6) In this paragraph “an excepted specification” means a specification made under section 1(6), 2(4) or 3(1), (7) or (8) of this Act.

Total expenditure 1985-86

3 (1) In doing any of the acts mentioned in sub-paragraph (2) below the Secretary of State shall treat the relevant amount as the amount of an English local authority’s total expenditure in relation to the relevant year.

(2) The acts are—

(a) making any determination or doing any other thing after the passing of this Act for the purposes of any relevant report, and

(b) making under section 66(1) of the 1980 Act the first estimate and notification to be made after the passing of this Act as regards the authority concerned for the relevant year.

(3) Where an amount estimated as an authority’s total expenditure in relation to the relevant year was submitted to the Secretary of State by the authority—

(a) before 11th December 1986, and

(b) in response to a requirement made under section 65 of the 1980 Act in April 1986,

for the purposes of this paragraph the relevant amount is (as regards the authority) the amount submitted.

(4) Where in the case of an authority no amount was submitted as mentioned in sub-paragraph (3) above but an amount estimated as the authority’s total expenditure in relation to the relevant year was submitted to the Secretary of State by the authority—

(a) before 11th December 1986, and

(b) in response to a requirement made under section 65 of the 1980 Act in February 1985,

for the purposes of this paragraph the relevant amount is (as regards the authority) the amount mentioned in sub-paragraph (5) or (6) below (as the case may be).

(5) Where sub-paragraph (4) above applies in the case of an authority which is not a local education authority, the amount is the amount submitted.

(6) Where sub-paragraph (4) above applies in the case of an authority which is a local education authority, the amount is the amount submitted as adjusted by a method determined by the Secretary of State; and the method shall be determined in accordance with principles to be applied to all authorities affected by the adjustment.

(7) Where in the case of an authority more than one amount was submitted as mentioned in sub-paragraph (3) above, for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.

(8) In this paragraph “the relevant year” means the year beginning in 1985.

(9) For the purposes of this paragraph relevant reports are—

(a) the report mentioned in paragraph 1(4)(a) above, and

(b) any report proposed to be made in substitution (directly or indirectly) for the report mentioned in paragraph 1(8)(a) above.

(10) In its application in relation to the Greater London Council, the Inner London Education Authority or a metropolitan county council, this paragraph shall have effect as if the second reference to the authority in sub-paragraph (3) included a reference to the London Residuary Body or (as the case may be) the body established for the metropolitan county by section 57(1)(b) of the [1985 c. 51.] Local Government Act 1985.

Total expenditure 1986-87

4 (1) Sub-paragraph (2) below applies where before the relevant date a local authority submitted to the Secretary of State an amount which it estimates as its total expenditure in relation to the relevant year.

(2) In doing any of the acts mentioned in sub-paragraph (3) below the Secretary of State shall treat the amount submitted as the amount of the authority’s total expenditure in relation to the relevant year.

(3) The acts are—

(a) making any determination or doing any other thing after the passing of this Act for the purposes of any relevant report, and

(b) making under section 66(1) of the 1980 Act the first estimate and notification to be made after the passing of this Act as regards the authority concerned for the relevant year.

(4) For the purposes of sub-paragraph (2) above—

(a) if the authority and the Secretary of State agreed before the relevant date an amount to replace any amount submitted, the amount submitted shall be taken to be the amount agreed, and

(b) subject to paragraph (a) above, if more than one amount was submitted before the relevant date, the amount submitted shall be taken to be the latest to be so submitted.

(5) In this paragraph “the relevant year” means the year beginning in 1986.

(6) For the purposes of this paragraph relevant reports are—

(a) the report mentioned in paragraph 1(4)(b) above and that mentioned in paragraph 1(4)(c) above, and

(b) any report proposed to be made in substitution (directly or indirectly) for the report mentioned in paragraph 1(8)(b) above or that mentioned in paragraph 1(8)(c) above.

(7) In this paragraph “the relevant date” means 20th December 1986 in the case of an English authority, or 4th December 1986 in the case of a Welsh authority.

Total expenditure 1986-87 (further provisions)

5 (1) Sub-paragraph (2) below applies where before the relevant date a local authority submitted to the Secretary of State an amount which it estimates as its total expenditure in relation to the year beginning in 1986.

(2) Where, in making any determination or doing any other thing after the passing of this Act for the purposes of any Report as regards which paragraph 1(2) and (3) above apply the Secretary of State wishes to take into account the authority’s total expenditure in relation to the year beginning in 1986, he shall treat the amount submitted as the amount of its total expenditure in relation to that year.

(3) For the purposes of sub-paragraph (2) above—

(a) if the authority and the Secretary of State agreed before the relevant date an amount to replace any amount submitted, the amount submitted shall be taken to be the amount agreed, and

(b) subject to paragraph (a) above, if more than one amount was submitted before the relevant date, the amount submitted shall be taken to be the latest to be so submitted.

(4) In this paragraph “the relevant date” means 20th December 1986 in the case of an English authority, or 4th December 1986 in the case of a Welsh authority.

Teachers' remuneration

6 (1) In making any determination or doing any other thing after the passing of this Act for the purposes of any Report as regards which paragraph 1(2) and (3) above apply, the Secretary of State shall leave out of account the matters mentioned in sub-paragraph (2) below.

(2) The matters are scales and allowances which relate to the remuneration of school teachers and provide for remuneration greater than the aggregate of—

(a) the remuneration in payment in December 1986, and

(b) 375 per cent. of the remuneration mentioned in paragraph (a) above (375 per cent. being the approximate increase in the GDP deflator for 1987-88, as predicted in the Autumn Statement 1986 presented to Parliament by the Chancellor of the Exchequer in November 1986).

(3) In making any determination or doing any other thing after the passing of this Act for the purposes of—

(a) the report mentioned in paragraph 1(4)(b) above or that mentioned in paragraph 1(4)(c) above, or

(b) any report proposed to be made in substitution (directly or indirectly) for the report mentioned in paragraph 1(8)(b) above or that mentioned in paragraph 1(8)(c) above,

the Secretary of State shall leave out of account the matters mentioned in sub-paragraph (4) below.

(4) The matters are scales and allowances which relate to the remuneration of school teachers and provide for remuneration greater than the remuneration in payment in December 1986.

(5) In this paragraph “school teacher” means—

(a) a teacher in a primary or secondary school maintained by a local education authority, or

(b) a person employed by a local education authority as a teacher in the provision of primary or secondary education, other than a person employed as a teacher in an establishment maintained by a local authority in the exercise of a social services function.

Rateable values 1985-86

7 (1) In doing any of the acts mentioned in sub-paragraph (2) below the Secretary of State shall—

(a) take into account information relating to hereditaments in the area of an English local authority and their rateable values if the information falls within sub-paragraph (4) below, and

(b) leave out of account information relating to such hereditaments and their rateable values if the information does not fall within sub-paragraph (4) below.

(2) The acts are—

(a) making any determination or doing any other thing after the passing of this Act for the purposes of any relevant report, and

(b) making under section 66(1) of the 1980 Act the first estimate and notification to be made after the passing of this Act as regards the authority concerned for the year beginning in 1985.

(3) For the purposes of this paragraph relevant reports are—

(a) the report mentioned in paragraph 1(4)(a) above, and

(b) any report proposed to be made in substitution (directly or indirectly) for the report mentioned in paragraph 1(8)(a) above.

(4) The information referred to in sub-paragraph (1) above is that which was taken into account in making the last supplementary report made before the passing of this Act for England for the year beginning in 1985.

Rateable values 1986-87

8 (1) In doing any of the acts mentioned in sub-paragraph (2) below the Secretary of State shall—

(a) take into account information relating to hereditaments in the area of an English local authority and their rateable values if the information falls within sub-paragraph (4) below, and

(b) leave out of account information relating to such hereditaments and their rateable values if the information does not fall within sub-paragraph (4) below.

(2) The acts are—

(a) making any determination or doing any other thing after the passing of this Act for the purposes of any relevant report, and

(b) making under section 66(1) of the 1980 Act the first estimate and notification to be made after the passing of this Act as regards the authority concerned for the year beginning in 1986.

(3) For the purposes of this paragraph relevant reports are—

(a) the report mentioned in paragraph 1(4)(b) above, and

(b) any report proposed to be made in substitution (directly or indirectly) for the report mentioned in paragraph 1(8)(b) above.

(4) The information referred to in sub-paragraph (1) above is that which was taken into account in making the Rate Support Grant Report for England for the year beginning in 1986.

General

9 References in this Schedule to making determinations or doing other things for the purposes of a report include references to making or doing them with a view to the inclusion of anything in a report whether or not the inclusion is required by any enactment.

10 (1) Paragraph 6 above shall have effect subject to paragraphs 4 and 5 above.

(2) Part VI of the 1980 Act shall have effect subject to paragraphs 2 to 8 above.