The Relevant Population (England) Regulations 1990

Regulation 3

SCHEDULE RULES FOR CALCULATING THE RELEVANT POPULATION OF PARTS OF CHARGING AUTHORITIES' AREAS

Basic formula

1.  Subject to paragraphs 2 and 3 below, the appropriate formula is—

where—

a

R is the relevant population of the charging authority’s area for the year last calculated by the Secretary of State under paragraph 4 of Schedule 12A to the Act and notified to the charging authority in accordance with sub-paragraph (4) of that paragraph;

b

P is the number of persons, other than those referred to in sub-paragraph (c) below, shown in the charging authority’s register on the relevant day as subject on that day to a personal community charge in respect of a residence in the relevant part of the authority’s area;

c

PS is the number of persons shown in the charging authority’s register on the relevant day as both subject on that day to a personal community charge in respect of a residence in the relevant part of the authority’s area and undertaking a full-time course of education on that day; and

d

W and WS have the same meanings as P and PS respectively, with the modification that references in sub-paragraphs (b) and (c) above to the relevant part of an authority’s area shall be construed as references to the authority’s area as a whole.

Formula for authorities affected by boundary changes

2.—(1) Where it appears to the charging authority making the calculation that the number of persons subject to a personal community charge in respect of a residence in any part of the charging authority’s area will, in the period between the relevant day and 2nd April in the year, be affected by a boundary changes order made by the Secretary of State on or before 8th December in the preceding year and coming into force at any time during that period the appropriate formula is—

where—

a

R, P, PS, W and WS have the same meanings as in paragraph 1 above;

b

PJ is the authority’s estimate of the number of persons, other than those mentioned in sub-paragraph (1)(c) below, who were not on the relevant day shown in the authority’s register as subject on that day to a personal community charge in respect of a residence in the relevant part of the authority’s area but who, as a result of a boundary changes order, will on 1st April in the year be subject to a personal community charge in respect of a residence in that part;

c

PJS is the authority’s estimate of the number of persons, who were not on the relevant day shown in the authority’s register as subject on that day to a personal community charge in respect of a residence in the relevant part of the authority’s area but who will on 1st April in the year, as a result of a boundary changes order, be subject to a personal community charge in respect of a residence in that part, and will be undertaking a full-time course of education on that day;

d

PL is the authority’s estimate of the number of persons, other than those referred to in sub-paragraph (1)(e) below, shown in the authority’s register on the relevant day as subject on that day to a personal community charge in respect of a residence in the relevant part of the authority’s area, who, as a result of a boundary changes order, will on 1st April in the year not be subject to a personal community charge in respect of a residence in that part;

e

PLS is the authority’s estimate of the number of persons shown in the authority’s register on the relevant day as both subject on that day to a personal community charge in respect of a residence in the relevant part of the authority’s area and undertaking a full-time course of education on that day, who, as a result of a boundary changes order, will on 1st April in the year not be subject to a personal community charge in respect of a residence in that part;

f

WJ, WJS, WL and WLS have the same meanings as PJ, PJS, PL and PLS respectively, with the modification that the references in sub-paragraphs (1)(b) to (1)(e) above to the relevant part of an authority’s area shall be construed as references to the authority’s area as a whole.

(2) The estimates required to be made under this paragraph shall be made using information from the registration officer for the charging authority and any information available to him from the registration officer of any other charging authority affected by the boundary changes order in question.

Special rules for areas lying partly within and partly without the Metropolitan Police District

3.—(1) This paragraph applies for the purposes of calculating the relevant population of parts of a charging authority’s area where that area lies partly within and partly without the Metropolitan Police District(1).

(2) Except where sub-paragraph (3) below applies, where the part of the area of which the relevant population needs to be found is the entire part of the authority’s area lying within or, as the case may be, without the Metropolitan Police District the relevant population of that entire part shall be calcualted by applying the appropriate formula in paragraph 1 or (where the circumstances described in paragraph 2 apply) paragraph 2 of this Schedule, where—

(a) R has the same meaning as in paragraph 1 above; and

(b) P, PS, W and WS have the same meanings as in paragraph 1 above with the modification that references in sub-paragraphs (b) and (c) of that paragraph to the relevant day shall be construed as references to 1st December in the preceding year.

(c) PJ, PJS, PL and PLS have the same meanings as in paragraphs 2(1)(b) to (e) above, and WJ, WJS, WL and WLS have the same meanings as in paragraph 2(1)(f) above with the modifications that references in those paragraphs to the relevant day shall be construed as references to 1st December in the preceding year.

(3) Where under paragraph 4(4) of Schedule 12A to the Act the Secretary of State notifies a charging authority of what he calculates as the relevant population of its area for the year and, at the same time, notifies the authority—

(a) that his calculation of the relevant population of its area has been made in accordance with paragraph 4 of the Population Report (calculation using information from the Registrar General and other sources), and

(b) of his estimates (used for the purposes of the calculations in Part I of Annex E to the Distribution Report) of the proportions which the populations of the parts of the authority’s area lying respectively within and without the Metropolitan Police District bear to the population of the whole of the authority’s area,

the relevant population of the entire part of the authority’s area lying within or, as the case may be, without the Metropolitan Police District shall be calculated in accordance with the formula—

R × F

where—

• R has the same meaning as in paragraph 1 above; and

• F is the Secretary of State’s estimate notified to the authority as described in this sub-paragraph of the proportion applicable to the part of the area lying within or, as the case may be, without the Metropolitan Police District.

(4) Where the relevant population of part of an authority’s area is to be calculated and that part—

(i) lies wholly within (or wholly without) the Metropolitan Police District; but

(ii) does not constitute the whole of the area of the authority within (or without) the Metropolitan Police District,

the population of that part shall be calculated by applying the appropriate formula in paragraph 1 or (where the circumstances described in paragraph 2 apply) paragraph 2 of this Schedule, where—

(a) R is the population figure (found in accordance with sub-paragraph (5) below) of the entire part of the authority’s area lying within or, as the case may be, without the Metropolitan Police District;

(b) P and PS have the same meanings as in paragraph 1 above;

(c) PJ, PJS, PL and PLS have the same meanings as in paragraph 2 above;

(d) W and WS have the same meanings as in paragraph 1(d) above and WJ, WL, WJS and WLS have the same meanings as in paragraph 2(1)(f) above; with the modification that references in those paragraphs to the authority’s area as a whole shall be construed as references to the entire part falling within or, as the case may be without the Metropolitan Police District.

(5) For the purposes of sub-paragraph (4)(a) above—

(a) the population figure of the part of the authority’s area lying within the Metropolitan Police District is the number shown against the name of that authority in the third column of the table in the third paragraph of Part I of Annex E to the Distribution Report; and

(b) the population figure of the part of the authority’s area lying without the Metropolitan Police District is the relevant population of the whole of the authority’s area last calculated by the Secretary of State under paragraph 4 of Schedule 12A to the Act, less the population figure of the part of the authority’s area lying within the Metropolitan Police District, found in accordance with sub-paragraph (5)(a) above.

(6) Where the part of the authority’s area of which the relevant population needs to be found comprises some part of the authority’s area lying within and some part of the authority’s area lying without the Metropolitan Police District, the relevant population of that part is the sum of the relevant populations of the parts falling within and without the Metropolitan Police District calculated separately in accordance with sub-paragraph (4) above.

(1)

See section 76 of the London Government Act 1963 (c. 33); subsections (1) (b)—(d) were substituted by article 11 of S.I. 1974/482.