Changes over time for: Rate Support Grants Act 1988 (repealed) (Schedules only)

Version Superseded: 22/07/2004

Alternative versions:

01/02/1991- Amendment
01/02/1991
Point in time
22/07/2004- Amendment

Status:

Point in time view as at 01/02/1991.

Changes to legislation:

There are currently no known outstanding effects for the Rate Support Grants Act 1988 (repealed).

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

SCHEDULES

Sections 1 and 2.

SCHEDULE 1E+W TOTAL EXPENDITURE: 1985–86 TO 1988–89

1985–86: EnglandE+W

1(1)This paragraph applies for the year beginning in 1985.E+W

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

(a)before 7 July 1988, and

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

the relevant amount is (as regards the authority) the amount submitted.

(3)Where in the case of an English local authority more than one amount was submitted as mentioned in sub-paragraph (2) above, for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.

(4)Where in the case of an English local authority no amount was submitted as mentioned in sub-paragraph (2) above, the relevant amount is (as regards the authority) the amount taken by the Secretary of State as the amount of the authority’s total expenditure in relation to the year for the purposes of the last estimate for the year to be notified under section 66(1) of the 1980 Act (estimate of grant) before 7 July 1988.

(5)Where after the passing of this Act the Secretary of State concludes that sub-paragraph (4) above applies in the case of an English local authority, he shall as soon as is reasonably practicable after so concluding inform the authority of his conclusion and of the amount taken by him as mentioned in that sub-paragraph.

(6)In relation to the Greater London Council, the Inner London Education Authority or a metropolitan county council, this paragraph applies as if the second reference to the authority in sub-paragraph (2) 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 M1Local Government Act 1985.

(7)In relation to the Receiver sub-paragraphs (2) to (5) above apply as if—

(a)“an English local authority’s total expenditure in relation to the year” read “the Receiver’s total expenditure for the year”,

(b)“the authority” (in each place) read “the Receiver”,

(c)“an English local authority” (in each place) read “the Receiver”, and

(d)“the authority’s total expenditure in relation to the year” read “the Receiver’s total expenditure for the year”.

(8)For the purposes of this paragraph an amount—

(a)is not to be treated as submitted to the Secretary of State unless it is submitted in writing and received by him, and

(b)is to be treated as submitted to him on the day he receives it.

Marginal Citations

M11985 c. 51.

1986–87E+W

2(1)This paragraph applies for the year beginning in 1986.E+W

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

(a)before 7 July 1988, and

(b)in response to a request made by the Secretary of State in May 1987,

the relevant amount is (as regards the authority) the amount submitted.

(3)Where in the case of a local authority more than one amount was submitted as mentioned in sub-paragraph (2) above, for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.

(4)Where in the case of a local authority no amount was submitted as mentioned in sub-paragraph (2) above but an amount estimated as the authority’s total expenditure in relation to the year was submitted to the Secretary of State by the authority—

(a)before 7 July 1988, and

(b)in response to a request made by the Secretary of State in March 1987 or a requirement made under section 8 of the M2Rates Act 1984 in October 1987,

the relevant amount is (as regards the authority) the amount submitted.

(5)Where in the case of a local authority more than one amount was submitted as mentioned in sub-paragraph (4) above (whether or not in response to the same request or requirement) for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.

(6)Where in the case of a local authority no amount was submitted as mentioned in sub-paragraph (2) above and no amount was submitted as mentioned in sub-paragraph (4) above, the relevant amount is (as regards the authority) the amount taken by the Secretary of State as the amount of the authority’s total expenditure in relation to the year for the purposes of the last estimate for the year to be notified under section 66(1) of the 1980 Act (estimate of grant) before 7 July 1988.

(7)Where after the passing of this Act the Secretary of State concludes that sub-paragraph (6) above applies in the case of a local authority, he shall as soon as is reasonably practicable after so concluding inform the authority of his conclusion and of the amount taken by him as mentioned in that sub-paragraph.

(8)In relation to the Receiver sub-paragraphs (2) to (7) above apply as if—

(a)“a local authority’s total expenditure in relation to the year” read “the Receiver’s total expenditure for the year”,

(b)“the authority” (in each place) read “the Receiver”,

(c)“a local authority” (in each place) read “the Receiver”, and

(d)“the authority’s total expenditure in relation to the year” (in each place) read “the Receiver’s total expenditure for the year”.

(9)Sub-paragraph (8) of paragraph 1 above applies for the purposes of this paragraph as it applies for the purposes of that.

Marginal Citations

M21984 c. 33.

1987–88E+W

3(1)This paragraph applies for the year beginning in 1987.E+W

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

(a)before 7 July 1988, and

(b)in response to a requirement made under section 65 of the 1980 Act in February 1988,

the relevant amount is (as regards the authority) the amount submitted.

(a)before 7 July 1988, and

(b)in response to a requirement made under section 65 of the 1980 Act and despatched on 4 March 1987 (or, in the case of a Welsh authority,6 March 1987) or a requirement made under section 8 of the Rates Act 1984 in October 1987,

the relevant amount is (as regards the authority) the amount submitted.

(5)Where in the case of a local authority more than one amount was submitted as mentioned in sub-paragraph (4) above (whether or not in response to a requirement made under the same provision) for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.

(8)In relation to the Receiver sub-paragraphs (2) to (7) above apply as if—

(a)“a local authority’s total expenditure in relation to the year” read “the Receiver’s total expenditure for the year”,

(b)“the authority” (in each place) read “the Receiver”,

(c)“a local authority” (in each place) read “the Receiver”,

(d)“the authority’s total expenditure in relation to the year” (in each place) read “the Receiver’s total expenditure for the year”, and

(e)“(or, in the case of a Welsh authority, 6 March 1987)” were omitted.

(9)Sub-paragraph (8) of paragraph 1 above applies for the purposes of this paragraph as it applies for the purposes of that.

1988-89E+W

4(1)This paragraph applies for the year beginning in 1988.E+W

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

(a)before 7 July 1988, and

(b)in response to a requirement which was made under section 65 of the 1980 Act in February 1988 and was (in the case of an English authority) despatched on 29 February 1988,

the relevant amount is (as regards the authority) the amount submitted.

(a)before 7 July 1988, and

(b)in response to a requirement made under section 65 of the 1980 Act and despatched on 24 February 1988 (or, in the case of a Welsh authority, 11 January 1988),

the relevant amount is (as regards the authority) the amount submitted.

(5)Where in the case of a local authority more than one amount was submitted as mentioned in sub-paragraph (4) above, for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.

(8)In relation to the Receiver sub-paragraphs (2) to (7) above apply as if—

(a)“a local authority’s total expenditure in relation to the year” read “the Receiver’s total expenditure for the year”,

(b)“the authority” (in each place) read “the Receiver”,

(c)“(in the case of an English authority)” were omitted,

(d)“a local authority” (in each place) read “the Receiver”,

(e)“the authority’s total expenditure in relation to the year” (in each place) read “the Receiver’s total expenditure for the year”, and

(f)“(or, in the case of a Welsh authority, 11 January 1988)” were omitted.

(9)Sub-paragraph (8) of paragraph 1 above applies for the purposes of this paragraph as it applies for the purposes of that.

Different amount agreed after submissionE+W

5(1)This paragraph applies where—E+W

(a)an amount submitted would, by virtue of paragraphs 1 to 4 above and apart from this paragraph, be the relevant amount in relation to a particular year and as regards a local authority,

(b)the Secretary of State and the authority agreed before 7 July 1988 that the authority’s total expenditure in relation to the year should be taken to be an amount different from the amount submitted, and

(c)their agreement was recorded in writing in a document despatched by the Secretary of State to the authority, or despatched by the authority and received by him, before 7 July 1988.

(2)In such a case the relevant amount is (in relation to the year and as regards the authority) the different amount recorded in the document.

(3)But where there is more than one different amount, by virtue of there being more than one agreement and document falling within sub-paragraph (1) above, the relevant amount is (in relation to the year and as regards the authority) the different amount recorded in the document which was the latest to be despatched by or received by the Secretary of State.

(4)In relation to the Receiver sub-paragraphs (1) to (3) above apply as if—

(a)“a local authority” read “the Receiver”,

(b)“the authority” (in each place) read “the Receiver”, and

(c)“the authority’s total expenditure in relation to the year” read “the Receiver’s total expenditure for the year”.

6(1)This paragraph applies where—E+W

(a)an amount would, by virtue of paragraph 5 above and apart from this paragraph, be the relevant amount in relation to a particular year and as regards a local authority, and

(b)the Secretary of State suggested an alternative amount in writing in a document despatched by him to the authority before 7 July 1988.

(2)In such a case the relevant amount is (in relation to the year and as regards the authority) the alternative amount suggested in the document.

(3)But where there is more than one alternative amount, by virtue of there being more than one suggestion and document falling within sub-paragraph (1) above, the relevant amount is (in relation to the year and as regards the authority) the alternative amount suggested in the document which was the latest to be despatched.

(4)In relation to the Receiver sub-paragraphs (1) to (3) above apply as if—

(a)“a local authority” read “the Receiver”, and

(b)“the authority” (in each place) read “the Receiver”.

Alternative amount suggested by Secretary of StateE+W

7(1)This paragraph applies where—E+W

(a)an amount submitted would, by virtue of paragraphs 1 to 4 above and apart from this paragraph, be the relevant amount in relation to a particular year and as regards a local authority,

(b)neither paragraph 5 nor paragraph 6 above applies as regards the authority in relation to the year, and

(c)the Secretary of State suggested an alternative amount in writing in a document despatched by him to the authority before 7 July 1988.

(2)In such a case the relevant amount is (in relation to the year and as regards the authority) the alternative amount suggested in the document.

(4)In relation to the Receiver sub-paragraphs (1) to (3) above apply as if—

(a)“a local authority” read “the Receiver”, and

(b)“the authority” (in each place) read “the Receiver”.

Alternative amount suggested by authorityE+W

8(1)This paragraph applies where—E+W

(a)an amount submitted would, by virtue of paragraphs 1 to 4 above and apart from this paragraph, be the relevant amount in relation to a particular year and as regards a local authority,

(b)neither paragraph 5 nor paragraph 6 above applies as regards the authority in relation to the year,

(c)paragraph 7 above does not apply as regards the authority in relation to the year, and

(d)the authority suggested an alternative amount in writing in a document despatched by the authority and received by the Secretary of State before 7 July 1988.

(2)In such a case the relevant amount is (in relation to the year and as regards the authority) the alternative amount suggested in the document.

(4)In relation to the Receiver sub-paragraphs (1) to (3) above apply as if—

(a)“a local authority” read “the Receiver”, and

(b)“the authority” (in each place) read “the Receiver”.

Special rulesE+W

9(1)Where in the same document more than one amount has been submitted as the amount estimated as a local authority’s total expenditure in relation to the same year, for the purposes of paragraphs 1 to 4 above the amount submitted shall be taken to be whichever of the amounts the Secretary of State thinks fit.E+W

(2)Where in the same document more than one amount has been suggested as the amount to be taken to be the amount of a local authority’s total expenditure in relation to the same year, for the purposes of paragraph 8 above the amount suggested shall be taken to be whichever of the amounts the Secretary of State thinks fit.

(3)Where the Secretary of State has received on the same day different documents containing submissions of the amount estimated as a local authority’s total expenditure in relation to the same year, for the purposes of paragraphs 1 to 4 above the documents shall be taken to have been submitted in whatever order the Secretary of State thinks fit.

(4)Where the Secretary of State has received on the same day different documents suggesting alternative amounts as the amount to be taken to be the amount of a local authority’s total expenditure in relation to the same year, for the purposes of paragraph 8 above the documents shall be taken to have been received in whatever order the Secretary of State thinks fit.

(5)In reaching a decision under this paragraph the Secretary of State—

(a)shall leave out of account information and representations received by him after 6 July 1988;

(b)subject to paragraph (a) above, may take into account information and representations whether communicated in writing or orally.

(6)As soon as is reasonably practicable after reaching a decision under this paragraph the Secretary of State shall inform the authority of his decision.

(7)In relation to the Receiver sub-paragraphs (1) to (6) above apply as if—

(a)“a local authority’s total expenditure in relation to the same year”(in each place) read “the Receiver’s total expenditure for the same year”, and

(b)“the authority” read “the Receiver”.

10(1)For the purposes of paragraphs 1 to 4 and 8 above, anything submitted, suggested or despatched by a person acting on an authority’s behalf is not to be treated as submitted, suggested or despatched by the authority unless the person was at the time an officer of the authority or a person acting under arrangements made under section 9(1) of the M3Local Government Finance Act 1982 (certification of information for purposes of block grant).E+W

(2)For the purposes of paragraphs 1 to 4 and 8 above, anything submitted, suggested or despatched by a person acting on the Receiver’s behalf is not to be treated as submitted, suggested or despatched by the Receiver unless the person was at the time a member of the Receiver’s staff or the Comptroller and Auditor General or a member of his staff.

(3)For the purposes of paragraphs 5 to 7 above, anything agreed by or despatched by or to a person acting on an authority’s behalf is not to be treated as agreed by or despatched by or to the authority unless the person was at the time an officer of the authority.

(4)For the purposes of paragraphs 5 to 7 above, anything agreed by or despatched by or to a person acting on the Receiver’s behalf is not to be treated as agreed by or despatched by or to the Receiver unless the person was at the time a member of the Receiver’s staff.

Marginal Citations

M31982 c. 32.

11E+WNothing in this Schedule shall be affected by a doubt as to the accuracy of an amount submitted, or of a different or alternative amount recorded or suggested in a document, or of an amount taken by the Secretary of State as an amount of total expenditure.

Section 3.

SCHEDULE 2E+W TOTAL EXPENDITURE: 1989–90

PART IE+W ENGLISH LOCAL AUTHORITIES

IntroductionE+W

1E+WThis Part has effect to determine the relevant amount as regards an English local authority in relation to the year beginning in 1989.

2(1)This paragraph applies for the purposes of this Part.E+W

(2)A designated authority is an authority designated before the passing of this Act under section 2 of the M4Rates Act 1984 (designation for purpose of prescribing maximum rates and precepts) in relation to the year beginning in 1989.

(3)Each of the following is a charging authority—

(a)a district council,

(b)a London borough council,

(c)the Common Council of the City of London, and

(d)the Council of the Isles of Scilly.

(4)Each of the following is an education authority—

(a)a county council,

(b)a metropolitan district council,

(c)an outer London borough council, and

(d)the Council of the Isles of Scilly.

Marginal Citations

M41984 c. 33.

Designated authoritiesE+W

3E+WAs regards a designated authority the relevant amount is an amount equal to the level—

(a)determined under section 3(1) of the M5Rates Act 1984 (expenditure levels) as the level for the authority’s total expenditure in the year beginning in 1989, and

(b)stated in a notice served on the authority under section 3(3) of that Act and dated 7 July 1988.

Marginal Citations

M51984 c. 33.

Other authoritiesE+W

4(1)As regards a local authority which is not a designated authority the relevant amount shall be determined by applying the appropriate formula (found in accordance with this paragraph).E+W

(2)In the case of an authority which is neither a charging authority nor an education authority the appropriate formula is—

(3)In the case of an authority which is a charging authority but is not an education authority the appropriate formula is—

(4)In the case of an authority which is an education authority but is not a charging authority the appropriate formula is—

(5)In the case of an authority which is both a charging authority and an education authority the appropriate formula is—

Interpretation of formulaeE+W

5E+WFor the purposes of paragraph 4 above TE is an amount equal to the amount which, by virtue of Schedule 1 above, is the relevant amount as regards the authority in relation to the year beginning in 1988.

6(1)For the purposes of paragraph 4 above Z is a figure which is 1 or, if the Secretary of State so provides in the Rate Support Grant Report for England for the year beginning in 1989, a figure which is greater than 1 and is specified in the Report.E+W

(2)In deciding whether to specify a figure under sub-paragraph (1) above, and in deciding what figure to specify, the Secretary of State may take into account his estimate of what the aggregate total expenditure of authorities falling within paragraph 4 above would be (apart from this Act) in relation to the year beginning in 1989.

(3)Section 3(3)(a) above has effect subject to sub-paragraph (2) above.

(4)Sub-paragraph (2) above operates without prejudice to the generality of the Secretary of State’s powers under sub-paragraph (1) above.

7(1)For the purposes of paragraph 4 above CC is a figure expressed in pounds and determined by the Secretary of State in relation to the authority.E+W

(2)The Secretary of State shall secure that the aggregate of figures determined under this paragraph for relevant authorities is £53,057,231 (which represents part of the expenditure he estimates they might reasonably be expected to incur in the year beginning in 1989 in connection with Part I of the M6Local Government Finance Act 1988).

(3)Figures shall be determined under this paragraph in accordance with principles to be applied to all relevant authorities.

(4)In the Rate Support Grant Report for England for the year beginning in 1989 the Secretary of State shall specify—

(a)the figures determined by him under this paragraph, and

(b)the principles in accordance with which they are determined.

(5)Relevant authorities are charging authorities to which paragraph 4 above applies.

Marginal Citations

M61988 c. 41.

8(1)For the purposes of paragraph 4 above T is the amount shown, in a letter dated 29 March 1988 and sent by the Department of Education and Science to the authority’s chief education officer, as the revised amount of the authority’s contributions for the year beginning in 1988 to advanced further education pools.E+W

(2)No doubt as to the accuracy of that amount, and no further revision of it, shall affect the definition in this paragraph.

9(1)For the purposes of paragraph 4 above U is a figure which—E+W

(a)is expressed in pounds and is determined by the Secretary of State in relation to the authority,

(b)complies with sub-paragraphs (2) to (4) below, and

(c)subject to paragraph (b) above, is determined so as to represent such amount (if any) as the Secretary of State thinks should be brought into the calculation of the relevant amount in relation to the authority.

(2)U must not be more than £3,000,000 and must not be more than the amount represented by T in relation to the authority.

(3)U must not be less than nil but it may be nil.

(4)Figures shall be determined under this paragraph for relevant authorities in accordance with principles to be applied to all such authorities.

(5)In the Rate Support Grant Report for England for the year beginning in 1989 the Secretary of State shall specify—

(a)the figures determined by him under this paragraph, and

(b)the principles in accordance with which they are determined.

(6)Relevant authorities are education authorities to which paragraph 4 above applies.

RoundingE+W

10E+WWhere (apart from this paragraph) the relevant amount as regards an authority in relation to a year would include a fraction of a pound—

(a)the fraction shall be made up to one pound if it would be 50p or more, and

(b)the fraction shall be ignored if it would be less than 50p.