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Local Government and Housing Act 1989

Status:

This is the original version (as it was originally enacted).

15(1)Section 33 (setting of different amounts for personal community charges) shall be amended as follows.

(2)In subsection (4)(a) for “its expenses needed to meet a levy” there shall be substituted “the expenses of meeting a levy or special levy”.

(3)In subsection (4) the word “and” at the end of paragraph (c) shall be omitted.

(4)In subsection (4) at the end of paragraph (d) there shall be inserted ; and

(e)provided a resolution of a charging authority to the following effect is in force, the expenses incurred by it in performing in a part of its area a function performed elsewhere in its area by a body with power to issue a levy or special levy to it are its special expenses or (if the resolution relates to some only of those expenses) those to which the resolution relates are its special expenses.

(5)The following subsection shall be inserted after subsection (4)—

(4A)The following rules shall apply to the making of a resolution under subsection (4)(e) above by a charging authority—

(a)no such resolution may be made unless the body mentioned in subsection (4)(e) above is one in relation to which the charging authority has made under subsection (4)(a) above a resolution which is in force;

(b)the resolution under subsection (4)(e) above may not be made so as to be in force at any time when that under subsection (4)(a) above is not in force;

(c)the fact that the resolution under subsection (4)(a) above relates to all the expenses concerned does not mean that the resolution under subsection (4)(e) above must relate to all the expenses concerned;

(d)the fact that the resolution under subsection (4)(a) above relates to part of the expenses concerned does not mean that the resolution under subsection (4)(e) above must relate to part, or any particular part, of the expenses concerned.

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