The National Park Authorities (Levies) (Wales) (Amendment) Regulations 1996

Amendment of the Principal Regulations

3.—(1) In relation to any levy of a National Park authority to be issued to, or anticipated by, a relevant billing authority in respect of any financial year beginning on or after 1st April 1997, the Principal Regulations shall be amended in accordance with the following paragraphs.

(2) In regulation 3 (application), for “1st April 1996” there shall be substituted “1st April 1997”.

(3) In regulation 6 (maximum amount of levies) for paragraph (5) substitute the following paragraphs—

“(5) Except in a case to which paragraph (7) applies, in this regulation—

“the agreed proportion” and “the relevant proportion” shall be construed in accordance with regulation 5,

“maximum amount” means the amount calculated by applying the formula [(A–B)×1/3] where—

“A” is the amount of all grants that the Secretary of State has proposed to make to that National Park authority under section 72 of the 1995 Act in respect of the year to which the levy relates in determinations made before the issue of the levy; and

“B” is the amount of 100 per cent. grants that the Secretary of State has proposed to make to that National Park authority under section 72 of the 1995 Act in respect of the year to which the levy relates in determinations made before the issue of the levy.

“100 per cent. grants” means grants under section 72 of the 1995 Act where the amount of grants proposed by the Secretary of State in the determinations is equal to the amount of expenditure of the National Park authority provided for in those determinations.

(6) In a case to which paragraph (7) applies, in this regulation—

“the agreed proportion” and “the relevant proportion” shall be construed in accordance with regulation 5;

“maximum amount” means the amount calculated by applying the formula [(A−B)×1/3] where—

“A” is the amount of all grants that the Secretary of State has proposed to make to that National Park authority under section 72 of the 1995 Act for the financial year (“the prior year”) preceding the financial year in relation to which the levy is to be issued, in determinations made prior to 15th January in the prior year, and increased or decreased in proportion to the difference between the retail prices index for September of the prior year and the retail prices index for the preceding September;

“B” is the amount of 100 per cent. grants that the Secretary of State has proposed to make to that National Park authority under section 72 of the 1995 Act for the prior year, in determinations made prior to 15th January in the prior year, and increased or decreased in proportion to the differences between the retail prices index for September of the prior year and the retail prices index for the preceding September;

“100 per cent. grants” means grants under section 72 of the 1995 Act where the amount of grants proposed by the Secretary of State in determinations is equal to the amount of expenditure of the National Park authority provided for in those determinations;

“retail prices index” means the general index of retail prices (for all items) published by the Office for National Statistics or, if that index is not published for any month, any substituted index or index figures published by that Office.

(7) This paragraph applies in a case where the Secretary of State has failed to make before 15th January in the financial year preceding the financial year in relation to which the levy is to be issued any determination of the amount of grants which he proposes to make to that authority under section 72 of the 1995 Act in respect of the year in relation to which that levy is to be issued.”.

(4) In regulation 7 (substituted levies), in paragraph (4) for—

(a) the words “the term “A””, substitute, “the terms “A” and “B””; and

(b) the words “in paragraph (5) of regulation 6”, substitute “in paragraph (5) or, as the case may be, (6) of regulation 6”.

(5) For regulation 10 (anticipation of levies) substitute the following—

“10.— (1) In this regulation—

(a) “authority” means a relevant billing authority; and

(b) “relevant National Park authority”, in relation to an authority, means a National Park authority with power to issue a levy to that authority.

(2) An authority making calculations in accordance with section 32 of the 1992 Act(1) (“the calculations”) (originally or by way of substitute) for any financial year may anticipate a levy to be issued to it in accordance with these Regulations for that year by a relevant National Park authority in any case where—

(a) such a levy has not been issued by the relevant National Park authority at the time when the calculations are made; and

(b) the relevant National Park authority issued a levy to the authority for the preceding financial year.

(3) Subject to paragraph (4) below, where pursuant to paragraph (2) above, an authority anticipates a levy to be issued by a relevant National Park authority for the year, the amount of the levy so anticipated shall be equal to the authority’s estimate at the time the calculations (or last calculations) are made of the amount of the levy which it considers likely will be issued to it for the year by the relevant National Park authority and in estimating that amount the authority shall have regard to the amount of grants that the Secretary of State has determined to make to that National Park authority under section 72 of the 1995 Act in respect of that year.

(4) Where a levy has previously been anticipated by the authority for the purposes of the calculations for the year, the amount of the levy which may be anticipated by the authority for the purposes of any substitute calculations for the year shall be equal to the amount previously anticipated.

(5) Notwithstanding that an authority making calculations (originally or by way of substitute) for a financial year anticipated a levy to be issued in accordance with these Regulations to it by a relevant National Park authority—

(a) where the relevant National Park authority issues such a levy to the authority, the authority shall pay to the relevant National Park authority a sum equal to the amount of the levy; and

(b) where the relevant National Park authority does not issue such a levy to the authority, the authority shall not be liable to pay any sum to the relevant National Park authority only by virtue of having anticipated a levy from the relevant National Park authority.”.

(1)

Section 32 of the 1992 Act was amended by the Local Government (Wales) Act 1994, Schedule 12 paragraph 4; the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1994 (S.I. 1994/246); the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1995 (S.I. 1995/234); and the Local Authorities (Alteration of Requisite Calculations) Regulations 1996 (S.I. 1996/175).