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The Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2009

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Welsh Statutory Instruments

2009 No. 267 (W.30)

LOCAL GOVERNMENT, WALES

FINANCE

The Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2009

Made

10 February 2009

Laid before the National Assembly for Wales

13 February 2009

Coming into force

28 February 2009

The Welsh Ministers make the following Regulations in exercise of the powers conferred on the Secretary of State by sections 32(9), 33(4), 43(7), 44(4) and 113(2) of the Local Government Finance Act 1992(1) and now vested in them(2).

Title, commencement, application and interpretation

1.—(1) The title of these Regulations is The Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2009 and they come into force on 28 February 2009.

(2) These Regulations apply in relation to authorities in Wales.

(3) These Regulations apply in relation to the financial year beginning on 1 April 2009.

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

Calculation of budget requirement (billing authorities)

2.  Section 32 of the 1992 Act has effect as if—

(a)in subsection (3)(a)(3) the words “or relevant special grant” were omitted; and

(b)after subsection (12) the following subsection were inserted(4) —

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

(a)references to sums payable for the financial year in respect of redistributed non-domestic rates are references to sums so payable in accordance with the Local Government Finance Report (No.1) 2009—2010 (Final Settlement — Councils) approved by resolution of the National Assembly for Wales pursuant to section 84H(2)(5) of, and paragraph 11B(1)(6) of Schedule 8 to, the Local Government Finance Act 1988 on 13 January 2009; and

(b)references to sums payable for the financial year in respect of revenue support grant are references to sums so payable in accordance with that report..

Calculation of basic amount of council tax (billing authorities)

3.  Section 33(1) of the 1992 Act(7) has effect as if in item P the words “or relevant special grant” were omitted.

Calculation of budget requirement (major precepting authorities)

4.  Section 43 of the 1992 Act has effect as if—

(a)in subsection (3)(a)(i)(8)—

(i)the words “relevant special grant” were omitted; and

(ii)the words “floor funding” were inserted before “or police grant;”; and

(b)after subsection (6D) the following subsections were inserted(9) —

(6E) In this section and section 44 below—

(a)references to sums payable for the financial year in respect of redistributed non-domestic rates are references to sums so payable in accordance with the Local Government Finance Report (No.2) 2009—2010 (Final Settlement — Police Authorities) approved by resolution of the National Assembly for Wales pursuant to section 84H(2) of, and paragraph 11B(1) of Schedule 8 to, the Local Government Finance Act 1988 on 10 February 2009; and

(b)references to sums payable for the financial year in respect of revenue support grant are references to sums so payable in accordance with that report.

(6F) In this section and section 44 below “floor funding” means grant payable to a major precepting authority by the Secretary of State in addition to the police grant referred to in subsection (6C)..

Calculation of basic amount of council tax (major precepting authorities)

5.  Section 44(1) of the 1992 Act(10) has effect as if in item P —

(a)the words “relevant special grant” were omitted; and

(b)the words “floor funding” were inserted before “or police grant;”.

Brian Gibbons

Minister for Social Justice and Local Government, one of the Welsh Ministers

10 February 2009

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. Sections 33 and 44 of that Act set out respectively how a billing authority and a major precepting authority are to calculate the basic amount of their council tax.

These Regulations make amendments for the financial year beginning on 1 April 2009.

Regulations 2(a), 3, 4(a)(i) and 5(a) of these Regulations omit references to “relevant special grant” from sections 32, 33, 43 and 44 of the 1992 Act since no special grants are being defined as relevant special grants for the financial year beginning on 1 April 2009.

Regulations 2(b) and 4(b) insert the definitions of sums payable in respect of redistributed non-domestic rates and revenue support grant in sections 32 and 43 of the 1992 Act. The purpose is to ensure that the amounts of redistributed non-domestic rates and revenue support grant excluded from the budget requirement calculation in those sections relate only to such amounts payable under the respective Local Government Finance Reports for the financial year beginning on 1 April 2009. The same definitions also apply to sections 33 and 44 of the 1992 Act. Regulation 4(b) also defines “floor funding” in section 43 by inserting subsection (6F) for the financial year beginning on 1 April 2009.

Regulations 4(a)(ii) and 5(b) further amend sections 43 and 44 of the 1992 Act, such that major precepting authorities in Wales must take into account any floor funding received from the Secretary of State for the financial year beginning on 1 April 2009 when making the required calculation for that year.

(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)

These functions were transferred, in relation to Wales, to the National Assembly for Wales under article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672) and subsequently to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(3)

Section 32(3)(a) was amended by paragraph 4 of Schedule 12 to the Local Government (Wales) Act 1994, the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1994 (S.I. 1994/246) and the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1995 (S.I. 1995/234). It was also amended in relation to the financial year 2008—2009 by regulation 2(a) of the Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2008 (S.I. 2008/476 (W.42)).

(4)

Section 32(12A) was inserted in relation to the financial year 2008—2009 by regulation 2(b) of S.I. 2008/476 (W.42).

(5)

1988 c. 41; section 84H was substituted (for section 84H as inserted by section 40(1) of, and Schedule 2 to, the Local Government Act 2003 (c. 26)) by article 3 of, and Schedule 1 to, the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388).

(6)

Paragraph 11B(1) was substituted (for paragraph 11B(1) as inserted by section 40(1) of, and Schedule 2 to, the Local Government Act 2003) by article 3 of, and Schedule 1 to, S.I. 2007/1388.

(7)

Section 33(1) was amended by S.I. 1994/246 and S.I. 1995/234. It was also amended in relation to the financial year 2008—2009 by regulation 3 of S.I. 2008/476 (W.42).

(8)

Section 43(3)(a) was amended by S.I. 1994/246 and S.I. 1995/234. It was also amended in relation to the financial year 2007—2008 by regulation 4(a) of S.I. 2008/476 (W.42).

(9)

Subsections 43(6E) and (6F) were inserted in relation to the financial year 2008—2009 by regulation 4(b) of S.I. 2008/476 (W.42).

(10)

Section 44(1) was amended by S.I. 1994/246 and S.I. 1995/234. It was also amended in relation to the financial year 2008—2009 by regulation 5 of S.I. 2008/476 (W.42).

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