Part IE+W Council Tax: England and Wales

Modifications etc. (not altering text)

C2Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/549, art.3.

C3Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/550, arts. 3, 4

Pt. I (ss. 1-69) modified (28.11.1994) by S.I. 1994/2825, reg. 3

[F1CHAPTER IVAE+W LIMITATION OF COUNCIL TAX AND PRECEPTS

Textual Amendments

F1Chapter 4A (ss. 52A-52Z) inserted (27.7.1999 with effect as mentioned in s. 30(2) of the amending Act.) by 1999 c. 27, s. 30(1), Sch. 1 para. 1

NominationE+W

52M Designation after nomination.E+W

(1)This section applies if the [F2Welsh Ministers] —

(a)[F3nominate] an authority under section 52D(2)(b) above, and

(b)[F4decide] to proceed under this section in relation to the authority.

(2)[F5They] shall—

(a)designate the authority as regards the financial year immediately following the year under consideration;

(b)determine an amount which [F6they propose] should be the maximum for the amount calculated by the authority as its budget requirement for the year as regards which the designation is made;

(c)determine the target amount for the year as regards which the designation is made, that is, the maximum amount which [F7they propose] the authority could calculate as its budget requirement for the year without the amount calculated being excessive.

(3)In making the determinations under subsection (2) above [F8they] shall take into account—

(a)the amount which [F9they] would have proposed as the target amount for the year under consideration if [F9they] had designated the authority as regards that year under section 52D(2)(a) above, and

(b)any information [F10they think] is relevant.

(4)[F11They] shall notify the authority in writing of—

(a)the designation;

(b)the amount determined under subsection (2)(b) above;

(c)the target amount determined under subsection (2)(c) above;

(d)any information taken into account under subsection (3)(b) above;

(e)the financial year as regards which [F12they expect] the amount calculated by the authority as its budget requirement for that year to be equal to or less than the target amount for that year (assuming one to be determined for that year);

(f)the period within which the authority may inform the [F13Welsh Ministers] that it challenges or accepts the amount stated under paragraph (b) above.

(5)A designation under this section—

(a)is invalid unless subsection (4) above is complied with;

(b)shall be treated as made at the beginning of the day on which the authority receives a notification under that subsection.

(6)If an authority has been designated under this section as regards a financial year the [F14Welsh Ministers] may not designate it under section 52D(2)(a) above as regards that year.

(7)If—

(a)an authority has been designated under this section as regards a financial year, and

(b)after the designation is made the authority makes calculations or substitute calculations in relation to the year,

the calculations (or substitute calculations) shall be invalid unless they are made in accordance with section 52T or 52U below (as the case may be).

(8)Before the end of the period notified under subsection (4)(f) above an authority may inform the [F15Welsh Ministers] by notice in writing that—

(a)for reasons stated in the notice, it believes the maximum amount stated under subsection (4)(b) above should be such as the authority states in its notice, or

(b)it accepts the maximum amount stated under subsection (4)(b) above.

(9)The period notified under subsection (4)(f) above must be a period of at least 21 days beginning with the day the authority receives the notification under subsection (4) above.]

Textual Amendments

F2Words in s. 52M(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(2)(a); S.I. 2011/2896, art. 2(i)

F3Word in s. 52M(1)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(2)(b); S.I. 2011/2896, art. 2(i)

F4Word in s. 52M(1)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(2)(c); S.I. 2011/2896, art. 2(i)

F6Words in s. 52M(2)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(3)(b); S.I. 2011/2896, art. 2(i)

F7Words in s. 52M(2)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(3)(c); S.I. 2011/2896, art. 2(i)

F9Word in s. 52M(3)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(4)(b); S.I. 2011/2896, art. 2(i)

F10Words in s. 52M(3)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(4)(c); S.I. 2011/2896, art. 2(i)

F12Words in s. 52M(4)(e) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(5)(b); S.I. 2011/2896, art. 2(i)

F13Words in s. 52M(4)(f) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(5)(c); S.I. 2011/2896, art. 2(i)

F14Words in s. 52M(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(6); S.I. 2011/2896, art. 2(i)

F15Words in s. 52M(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(7); S.I. 2011/2896, art. 2(i)