2001 No. 47

MAGISTRATES' COURTS, ENGLAND AND WALES

The Greater London Magistrates' Courts Authority (Funding) Regulations 2001

Made

Laid before Parliament

Coming into force

for the purposes of regulations 1, 2 and 9

for all other purposes

The Lord Chancellor, in exercise of the powers conferred on him by section 59B(3) and (4) of the Justices of the Peace Act 19971, makes the following Regulations:

Citation and commencement1

These Regulations may be cited as the Greater London Magistrates' Courts Authority (Funding) Regulations 2001 and shall come into force for the purposes of regulations 1, 2 and 9 on 31st January 2001 and for all other purposes on 1st April 2001.

Interpretation2

1

In these Regulations—

a

“the 1997 Act” means the Justices of the Peace Act 1997;

b

the Authority” means the Greater London Magistrates' Courts Authority referred to in section 30A(1) of the 1997 Act2;

c

“the general funding contribution” has the meaning specified in regulation 3;

d

“the inner London boroughs' additional funding contribution” has the meaning specified in regulation 4.

2

References in these Regulations to a year mean a year beginning on 1st April and ending on the following 31st March.

General funding contribution3

1

References in paragraph (2) to kinds of the Authority’s expenditure do not include the kind of the Authority’s expenditure referred to in regulation 4.

2

The general funding contribution for any year is an amount equal to 20% of—

a

all the Authority’s expenditure of whatever kind for that year; or

b

if, in relation to any kind of expenditure for that year, the Lord Chancellor determines a lesser amount under section 59B(3)(b) of the 1997 Act

i

such amount as may be for the time being determined by the Lord Chancellor for that kind of expenditure and that year; and

ii

all the Authority’s other kinds of expenditure for that year, if any.

Inner London boroughs' additional funding contribution4

The inner London boroughs' additional funding contribution for any year is an amount equal to that part, if any, of the Authority’s expenditure for that year that arises as a result of liability transferred to it for repayment of debt incurred by the Receiver for the Metropolitan Police District in respect of functions in relation to magistrates' courts.

Apportionment of contributions

5

The amount that each London local authority shall pay under section 59B(3) of the 1997 Act each year to the Authority shall be—

a

in the case of the inner London boroughs, such amount of the general funding contribution for that year as is specified in regulations 6 and 7 and such amount of the inner London boroughs' additional funding contribution for that year as is specified in regulation 8; and

b

in the case of all other London local authorities, such amount of the general funding contribution for that year as is specified in regulations 6 and 7.

6

In the year beginning on 1st April 2005 and in the year beginning on 1st April in any year after 2005, the amount of the general funding contribution payable by each London local authority shall be calculated by applying the following formula—

A×Bmath

where—

  • A is the figure shown for that London local authority in column 2 of Schedule 1 to these Regulations; and B is the general funding contribution for that year.

7

In the years beginning on 1st April 2001, 1st April 2002, 1st April 2003, and 1st April 2004, the amount of the general funding contribution payable by each London local authority shall be calculated by applying the following formula—

(C+[d×(A-C)])×Emath

where—

  • C is the figure for that London local authority shown in column 3 of Schedule 1 to these Regulations;

  • d is 0.2 for the year beginning on 1st April 2001; 0.4 for the year beginning on 1st April 2002; 0.6 for the year beginning on 1st April 2003; and 0.8 for the year beginning on 1st April 2004;

  • A is the figure for that London local authority shown in column 2 of Schedule 1 to these Regulations;

  • E is the general funding contribution for that year.

8

In the year beginning on 1st April 2001 and in the year beginning on 1st April in any year after 2001, the amount of the inner London boroughs' additional funding contribution payable by each inner London borough shall be calculated by applying the following formula—

F×Gmath

where F is 45.3818% of the amount of the inner London boroughs' additional funding contribution for that year and G is the figure shown in column 2 of Schedule 2 to these Regulations.

Anticipation of payments9

1

A London local authority may anticipate a payment under section 59B of the 1997 Act when making calculations in accordance with section 32 of the Local Government Finance Act 19923 (originally or by way of substitute).

2

The amount of the payment so anticipated shall be equal to the London local authority’s estimate, at the time the calculations (or last calculations) are made, of the amount of the payment which it considers likely will be due.

Signed by the authority of the Lord Chancellor

Jane KennedyParliamentary SecretaryLord Chancellor’s Department

SCHEDULE 1FIGURES FOR CALCULATION OF AMOUNT OF GENERAL FUNDING CONTRIBUTION PAYABLE BY EACH LONDON LOCAL AUTHORITY

Regulations 6 and 7

Column 1

Column 2

Column 3

London local authority

A

C

Barking

0.018481

0.014910

Barnet

0.048181

0.024899

Bexley

0.030026

0.017724

Brent

0.033218

0.035337

Bromley

0.047277

0.022189

Camden

0.031088

0.046655

City of London

0.001413

0.033178

Croydon

0.045296

0.029182

Ealing

0.040166

0.026242

Enfield

0.037197

0.022536

Greenwich

0.026089

0.039153

Hackney

0.023499

0.035266

Hammersmith and Fulham

0.026560

0.039859

Haringey

0.028721

0.027091

Harrow

0.029688

0.012908

Havering

0.031327

0.016196

Hillingdon

0.034147

0.021928

Hounslow

0.028905

0.025627

Islington

0.025246

0.037887

Royal Borough of Kensington and Chelsea

0.033039

0.049583

Royal Borough of Kingston upon Thames

0.021854

0.014272

Lambeth

0.033301

0.049975

Lewisham

0.030079

0.045140

Merton

0.026072

0.017732

Newham

0.023227

0.030251

Redbridge

0.031464

0.018136

Richmond upon Thames

0.030141

0.014964

Southwark

0.030674

0.046033

Sutton

0.025544

0.012909

Tower Hamlets

0.022317

0.033491

Wandsworth

0.039809

0.059742

City of Westminster

0.039645

0.059496

Waltham Forest

0.026309

0.019509

SCHEDULE 2FIGURES FOR CALCULATION OF AMOUNT OF INNER LONDON BOROUGHS' ADDITIONAL FUNDING CONTRIBUTION PAYABLE BY EACH LONDON BOROUGH

Regulation 8

Column 1

Column 2

Inner London borough

G

Camden

0.0860

Greenwich

0.0722

Hackney

0.0650

Hammersmith and Fulham

0.0735

Islington

0.0699

Royal Borough of Kensington and Chelsea

0.0914

Lambeth

0.0922

Lewisham

0.0832

Southwark

0.0849

Tower Hamlets

0.0618

Wandsworth

0.1102

City of Westminster

0.1097

(This note is not part of the Regulations)

These Regulations contain provisions for the calculation of the funding of the Greater London Magistrates' Courts Authority by the London local authorities in the years 2001 onwards.