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Local Government Finance Act 1988

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This is the original version (as it was originally enacted).

16(1)Section 3 of that Act (non-domestic rates) shall be amended as follows.

(2)In paragraph (b) of subsection (4) after the word “earlier” there shall be inserted the words “or such lesser figure as may be specified in (or calculated in a manner specified in) an order made by the Treasury in respect of the financial year in respect of which the calculation is to be made”.

(3)After subsection (4) there shall be added the following subsection—

(4A)For the purposes of paragraph (b) of subsection (4) above, where the base month for the retail prices index for September of the financial year which precedes that preceding the year concerned (the first year) differs from that for the index for September of the year which precedes the year concerned (the second year), the Secretary of State may substitute for the retail prices index for September of the first year the figure which he calculates would have been that index if the base month for that index had been the same as the base month for the index for September of the second year.

(4)In subsection (5)—

(a)after the word “section” where it first occurs there shall be inserted the following paragraph—

(za)in subsection (4A) above, the base month for the retail prices index for September of a particular year is the month for which the retail prices index is taken to be 100 and by reference to which the index for the September in question is calculated;;

(b)for paragraph (b) there shall be substituted the following paragraph—

(b)references to the retail prices index are references to the general index of retail prices (for all items) published by the Department of Employment; and if that index is not published for a month for which it is relevant for the purposes of this section, the references shall be construed as references to any substituted index or index figures published by that Department;.

(5)After subsection (10) there shall be added the following subsection—

(11)An order made under paragraph (b) of subsection (4) above shall be made by statutory instrument; but such an order in its application to a particular financial year (including an order amending or revoking another) shall not be effective unless it is approved by resolution of the Commons House of Parliament before—

(a)regulations have been made under subsection (2) above prescribing a maximum non-domestic rate in relation to any local authority in respect of that financial year; and

(b)the first order made by the Secretary of State, in respect of that year, under paragraph 2(1) of Schedule 4 to this Act has been approved by a resolution of that House.

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