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The Charter Trustees Regulations 1996

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Precepts

13.—(1) Subject to the following paragraphs of this regulation charter trustees shall be a local precepting authority for the purposes of Chapter IV of Part I of the Local Government Finance Act 1992 (“the 1992 Act”).(1)

(2) Section 41 of the 1992 Act (issue of precepts by local precepting authorities) shall have effect—

(a)in relation to any charter trustees (“the charter trustees”), the billing authority within whose area is situated the area for which the charter trustees act (“the prospective billing authority”) and the financial year beginning with the establishment date (“the initial year”), and

(b)as respects the period beginning with the date on which the relevant instrument is made and ending immediately before the date on which there is issued by the charter trustees a precept for the initial year,

with the substitution for subsection (3) of the following subsection—

(3) In making calculations in accordance with section 32 above (originally or by way of substitute) the billing authority shall take into account for the purposes of its estimate under section 32(2)(a) above an amount equal to that specified in relation to charter trustees for the purposes of regulation 12(2) of the Charter Trustees Regulations 1996, in the statutory instrument made under Part II of the Local Government Act 1992 which establishes those charter trustees.

(3) In relation to the charter trustees, the prospective billing authority and the initial year—

(a)section 32 of the 1992 Act (calculation of budget requirement by billing authorities) shall have effect with the omission of subsection (6);

(b)section 41(4) of that Act shall have effect with the substitution for the words “March in the financial year preceding that for which it is issued” of the words “October in the financial year for which it is issued”; and

(c)the reference in section 54(4) of that Act (power to designate authorities) to a precept anticipated by a billing authority in pursuance of regulations under section 41 of the Act shall be construed as a reference to the amount specified in relation to the charter trustees for the purposes of paragraph (2) above in the relevant instrument.

(4) In relation to an amount taken into account for the purposes of section 32(2)(a) of the 1992 Act by virtue of paragraph (2) above, Chapter III of Part I of that Act shall have effect as if —

(a)the amount were an item mentioned in section 35(1) of that Act which related to the area for which the charter trustees are to act; and

(b)the area of the prospective billing authority included the area for which the charter trustees are to act.

(5) The charter trustees shall make the calculations required by section 50 of the 1992 Act (calculation of budget requirement by local precepting authorities) for the initial year so as to secure that the amount calculated as its budget requirement for that year does not exceed the amount specified in relation to the charter trustees for the purposes of paragraph (2) above in the relevant instrument.

(6) In paragraph 1 of Part I (information to be supplied with council tax demand notices) of Schedule 3 to the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993(2) the expression “relevant precepting authority” shall not include charter trustees.

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