Localism Act 2011

Local Government Finance Act 1992 (c. 14)

17 (1) Section 40 (issue of precepts by major precepting authorities) is amended as follows.

(2) In subsection (2)(a) for “sections 43 to 47 below;” substitute “—

(i) in the case of a precepting authority in England, sections 42A, 42B and 45 to 47 below, or

(ii) in the case of a precepting authority in Wales, sections 43 to 47 below;”.

(3) In subsection (3) for “sections 43 to 47 below” substitute “—

(a) in the case of a precepting authority in England, sections 42A, 42B and 45 to 47 below, or

(b) in the case of a precepting authority in Wales, sections 43 to 47 below.”

(4) After subsection (5) insert—

“(5A) No such precept may be issued by a precepting authority in England to a billing authority before the earlier of the following—

(a) the earliest date on which, for the financial year for which the precept is issued, each of the periods prescribed for the purposes of item T in section 31B(1) above, item T in section 42B(1) below and item TP in section 45(3) below has expired;

(b) the earliest date on which, for that year, each billing authority has notified its calculations for the purposes of those items to the precepting authority.”

(5) In subsection (6) after the first “authority” insert “in Wales”.

(6) In subsection (8) after “subsection” insert “(5A),”.

(7) In subsection (9)—

(a) in paragraph (a)—

(i) for “(2)(a)” substitute “(2)(a)(i)”, and

(ii) for “43 to 47” substitute “sections 42A, 42B and 45 to 47”,

(b) in paragraph (b)—

(i) for “(3)” substitute “(3)(a)”, and

(ii) for “43 to 47” substitute “sections 42A, 42B and 45 to 47”,

(c) in paragraph (c)—

(i) for “(6)” substitute “(5A)”, and

(ii) for “44(1)” substitute “42B(1)”, and

(d) in paragraph (d) for “(6)” substitute “(5A)”.