The Local Government Changes for England (Payments to Designated Authorities) (Minimum Revenue Provision) Regulations 1995

PART I INTERPRETATION

1.—(1) In this Schedule—

“commutation adjustment” means the amount of a commutation adjustment determined in accordance with Part III of Schedule 6 to the 1990 Regulations;

“HRA dwellings” means dwellings in respect of which sums fall to be credited or debited to a Housing Revenue Account;

“housing proportion” means such proportion as the designated authority and the participant authority may agree or, in default of such agreement—

(a)

in a case where HRA dwellings were vested in the relevant authority immediately before the reorganisation date, the proportion which the number of the dwellings (if any) transferred from that authority to the participant authority bears to the total number of HRA dwellings vested in the relevant authority immediately before that date; or

(b)

in a case where no HRA dwellings were so vested, the proportion determined in accordance with the formula—

“non-housing proportion” means such proportion as the designated authority and the participant authority may agree or, in default of such agreement, the proportion determined in accordance with that formula—

• where—

  • CT is the amount calculated by the relevant authority as its council tax base for the final year; and

  • ct is the designated authority’s estimate of so much of that amount as relates to any area which, immediately before the reorganisation date, was the whole or part of the relevant authority’s area and which, on and after that date, is the whole or part of the participant authority’s area (whether or not it was also the whole or part of that authority’s area immediately before that date); and

“transferred” has the same meaning as in the Schedule to the Property Transfer Regulations.

(2) For the purposes of any calculation in accordance with this Schedule, any reference to an amount includes, where that amount has not yet been ascertained, a reference to the designated authority’s estimate of the amount.