The Local Authorities (Alteration of Requisite Calculations) Regulations 1998

Statutory Instruments

1998 No. 213

LOCAL GOVERNMENT, ENGLAND AND WALES

FINANCE

The Local Authorities (Alteration of Requisite Calculations) Regulations 1998

Made

6th February 1998

Laid before Parliament

6th February 1998

Coming into force

7th February 1998

The Secretary of State for the Environment, Transport and the Regions as respects England, and the Secretary of State for Wales, as respects Wales in exercise of the powers conferred on them by sections 32(9), 33(4), 43(7), 44(4) and 113 of the Local Government Finance Act 1992(1), and of all other powers enabling them in that behalf, hereby make the following Regulations—

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) Regulations 1998 and shall come into force on 7th February 1998.

(2) In these Regulations “the 1992 Act” means the Local Government Finance Act 1992.

(3) These Regulations have effect in relation to the financial year beginning on 1st April 1998.

Police grant and relevant special grant

2.  For subsection (12) of section 32 of the 1992 Act(2) there shall be substituted the following subsection—

“(12) In this section and section 33 below—

“police grant” means so much of the grant payable in accordance with paragraph 3.1 of the relevant police grant report as excludes the amounts shown in columns (b) and (c) of the Table set out below that paragraph;

“relevant special grant” means any of the following grants, that is to say—

(i)

the special grant payable in accordance with paragraphs 4 and 6 of the special grant report for England (Special Grant Report (No. 31)) approved by a resolution of the House of Commons pursuant to section 88B of the 1988 Act(3) on 5th February 1998; and

(ii)

the special grant payable in accordance with paragraphs 5 and 7 of that special grant report;

and in this subsection “the relevant police grant report” means the police grant report (The Police Grant Report (England and Wales) 1998/99) approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996(4) on 4th February 1998.”.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

5th February 1998

Signed by authority of the Secretary of State for Wales

Win Griffiths

Parliamentary Under Secretary of State, Welsh Office

6th February 1998

Explanatory Note

(This note is not part of the Regulations)

Sections 32 and 43 of the Local Government Finance Act 1992 (“the 1992 Act”) set out respectively how a billing authority and a major precepting authority are to calculate their budget requirements for a financial year and sections 33 and 44 of the 1992 Act set out respectively how a billing authority and a major precepting authority are to calculate the basic amount of their council tax.

Regulation 2 of these Regulations amends the definitions in section 32 of the 1992 Act of “police grant” and “relevant special grant” for the financial year beginning on 1st April 1998. The amended definitions apply to that section, and also to sections 33, 43 and 44 of the 1992 Act.

Copies of the Reports referred to in these Regulations may be obtained from The Stationery Office as follows:

Special Grant Report (No. 31) approved on 5th February 1998

ISBN 0-10-287098, price £3.95;

The Police Grant Report (England and Wales) 1998/99 approved on 4th February 1998]

ISBN 0-10-285598-6, price £4.55.

(1)

1992 c. 14; section 32(9) was amended by paragraph 4 of Schedule 12 to the Local Government (Wales) Act 1994 (c. 19).

(2)

Subsection (12) was substituted by the Local Authorities (Alteration of Requisite Calculations) Regulations 1997 (S.I. 1997/232). Relevant amendments, referring to “police grant”and “relevant special grant”, were made to subsection (3) of section 32 and to subsection (1) of section 33 of the 1992 Act by the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1995 (S.I. 1995/234).

(3)

1988 c. 41; section 88B was substituted by paragraph 18 of Schedule 10 to the 1992 Act.

(4)

1996 c. 16.