Statutory Instruments
LOCAL GOVERNMENT, ENGLAND AND WALES
Made
10th March 1993
Laid before Parliament
11th March 1993
Coming into force
1st April 1993
The Secretary of State for Wales, in exercise of his powers under sections 140(4) and 141 of the Local Government Finance Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:
1. These Regulations may be cited as the Local Government Finance (Payments) (Welsh Authorities) Regulations 1993 and shall come into force on 1st April 1993. They apply in relation to the payment of amounts referred to in regulation 3 for financial years beginning on or after 1st April 1993.
2. In these Regulations—
“the Act” means the Local Government Finance Act 1988;
“receiving authority” means a Welsh billing authority or a Welsh major precepting authority;
“the first relevant provisions” has the meaning assigned by section 141(7) of the Act; and
“the second relevant provisions” has the meaning assigned by section 141(8) of the Act.
3.—(1) Paragraphs (2) to (4) apply in any case where—
(a)the Secretary of State is liable to pay to a receiving authority at any time an amount or amounts under one or more of the first relevant provisions, and
(b)that authority is liable to pay to him at the same time an amount or amounts under one or more of the second relevant provisions.
(2) If the total of the amount or amounts mentioned in paragraph (1)(a) above exceeds the total of the amount or amounts mentioned in paragraph (1)(b) above, the Secretary of State may set off the latter in paying the former.
(3) If the total of the amount or amounts mentioned in paragraph (1)(b) above exceeds the total of the amount or amounts mentioned in paragraph (1)(a) above, the receiving authority shall set off the latter in paying the former.
(4) If the total of the amount or amounts mentioned in paragraph (1)(a) above is the same as the total of the amount or amounts mentioned in paragraph (1)(b) above, no payment need be made in respect of the former or the latter.
4.—(1) Where the Secretary of State exercises his powers under paragraph (2) of regulation 3, any liability of the receiving authority which has been set off in accordance with that paragraph, and the part of the liability of the Secretary of State against which that liability has been set off, shall be treated as discharged.
(2) Where a receiving authority sets off any amount in accordance with paragraph (3) of regulation 3, any liability of the Secretary of State which is set off in accordance with that paragraph, and the part of the liability of the authority against which that liability has been set off, shall be treated as discharged.
5.—(1) The provisions of the Act(2) prescribed below shall be read subject to these Regulations—
section 79(2) and (3)
section 83
section 84C
section 86(2) and (3)
paragraph 5(4), (5), (7), (9), (10)(b) and (14) of Schedule 8
paragraph 12 of Schedule 8
paragraph 15 of Schedule 8.
(2) The provisions of paragraph 2 of Schedule 8 to the Act(3) shall be read as if references to sums received or payments made were to sums or payment which would have been received or made apart from these Regulations.
6.—(1) The Local Government Finance (Payments) (Welsh Authorities) Regulations 1990(4) shall cease to have effect in relation to any financial year beginning on or after 1st April 1993.
(2) The Regulations referred to in paragraph (1) above shall continue to have effect in relation to the payment of amounts for a financial year beginning before 1st April 1993.
David Hunt
Secretary of State for Wales
10th March 1993
(This note is not part of the Regulations)
These Regulations replace the Local Government Finance (Payments) (Welsh Authorities) Regulations 1990.
These Regulations apply where the Secretary of State is liable under the Local Government Finance Act 1988 (“the Act”) to make payments to a receiving authority in Wales (district councils and county councils) and the receiving authority is at the same time liable under the Act to make payments to the Secretary of State.
Where the Secretary of State and a receiving authority are liable at the same time to make payments to each other under the provisions referred to in section 141(7) or (8) of the Act, provision is made in these Regulations for the setting off of one amount against another.
1988 c. 41; section 141 is amended by paragraph 79 of Schedule 13 to the Local Government Finance Act 1992 (c. 14).
Section 84C is inserted by paragraph 15 of Schedule 10 to the Local Government Finance Act 1992; paragraph 5(9) of Schedule 8 is amended, and paragraph 5(10) and (14) of that Schedule are inserted, by paragraph 6 of Schedule 10 to that Act; and paragraphs 12 and 15 of Schedule 8 are inserted by paragraph 7 of Schedule 10 to that Act.
Paragraph 2 of Schedule 8 is amended by paragraph 41 of Schedule 5 to the Local Government and Housing Act 1989 (c. 42).
S.I. 1990/609.