The Major Precepting Authorities (Excessive Budget Requirements—Payments) (England) Regulations 2000

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Major Precepting Authorities (Excessive Budget Requirements—Payments) (England) Regulations 2000, and shall come into force on 25th February 2000.

(2) These Regulations extend to England only and apply to sums payable by a major precepting authority under section 31 of the Local Government Act 1999 in respect of the financial year beginning with 1st April 2000.

(3) In these Regulations—

“the 1992 Act” means the Local Government Finance Act 1992(1);

“the 1999 Act” means the Greater London Authority Act 1999(2).

Calculation of payment

2.  The sum which a major precepting authority must pay to a billing authority under section 31(3) of the Local Government Act 1999 shall be equal to—

where—

• E (the authority’s contribution to council tax benefit) is the amount calculated in accordance with the Schedule to these Regulations;

• Tb is the amount of the council tax base of the billing authority for its area, or, where the precept relates to a part of the billing authority’s area only, for that part of the area, and which in either case is included in the aggregate of amounts of council tax bases which is T for the purpose of section 44 of the 1992 Act(3) or section 88 of the 1999 Act(4), as the case may be;

• Q (estimated proportions of council tax yield accounted for by council tax benefit) is the amount shown for the billing authority in column 2 of Table A in the Schedule to the Collection Fund (General) (England) Directions 2000 made by the Secretary of State on 2nd February 2000;

• Tz is the aggregate of Tb multiplied by Q for all the billing authorities to which the precepting authority has issued a precept.

Time for payment

3.—(1) Where the precepting authority and the billing authority have not before 1st April 2000 agreed when the sum calculated under regulation 2 is to be paid then that sum shall be paid in equal instalments on the instalment days in the financial year beginning with 1st April 2000.

(2) In this regulation, “instalment days” means, in relation to a billing authority, the days in the financial year contained in the schedule of instalments determined by that billing authority under regulations 4 and 6 of the Local Authorities (Funds) (England) Regulations 1992(5).

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

3rd February 2000