The Non-Domestic Rating (Demand Notices) (Wales) Regulations 2017

Regulation 6

SCHEDULE 3 E+W Financial and other information

PART 1 E+W Information for supply with demand notices

1.  The estimates of the billing authority and of the police and crime commissioner of the— E+W

(a) aggregate of its gross expenditure for the relevant year for all services administered by it;

(b) allowance appropriate for contingencies and the contributions to or from financial reserves for the relevant year;

(c) amount of its financial reserves at the end of the relevant year;

(d) amount of its capital expenditure to be incurred in the relevant year;

(e) sums payable to it for the relevant year by way of—

(i) revenue support grant (or, if the amount of such grant falls to be adjusted following the approval by resolution of the National Assembly for Wales of an amending report under section 84L of the 1988 Act(1), the amount which would be so payable but for that report);

(ii) additional grant;

(iii) redistributed non-domestic rates; and

(iv) police grant under section 46 of the Police Act 1996(2);

(f) aggregate of its gross expenditure for the preceding year for all services administered by it; and

(g) amount of its financial reserves at the end of the preceding year.

Commencement Information

I1 Sch. 3 para. 1 in force at 13.3.2017, see reg. 1(2)

2.  The amount calculated as its budget requirement for the relevant year— E+W

(a) by the billing authority under section 32(4) of the 1992 Act; and

(b) by the police and crime commissioner under section 43(4) of the 1992 Act.

Commencement Information

I2 Sch. 3 para. 2 in force at 13.3.2017, see reg. 1(2)

3.  The amount calculated for the relevant year by the billing authority and the police and crime commissioner as the amount of the difference (whether positive or negative) between— E+W

(a) the amount of its budget requirement for that year; and

(b) the amount calculated by it for that year as the amount for item P in section 33(1) or, as the case may be, section 44(1) of the 1992 Act(3).

Commencement Information

I3 Sch. 3 para. 3 in force at 13.3.2017, see reg. 1(2)

4.  The standard spending assessment for the billing authority and the police and crime commissioner for the relevant year. E+W

Commencement Information

I4 Sch. 3 para. 4 in force at 13.3.2017, see reg. 1(2)

5.  The amount of the precept anticipated by the billing authority for the relevant year, if any, pursuant to regulations under section 41(3) of the 1992 Act(4). E+W

Commencement Information

I5 Sch. 3 para. 5 in force at 13.3.2017, see reg. 1(2)

6.  Where a body has issued a levy or special levy to the billing authority that was taken into account for the relevant year by the authority in making its estimate under section 32(2)(a) of the 1992 Act(5)— E+W

(a) the amount of the levy or special levy; and

(b) information as to whether any of it was treated as special expenses of the authority.

Commencement Information

I6 Sch. 3 para. 6 in force at 13.3.2017, see reg. 1(2)

7.  The amount of any levy or special levy issued to a billing authority that was taken into account for the preceding year by the authority in making its estimate under section 32(2)(a) of the 1992 Act. E+W

Commencement Information

I7 Sch. 3 para. 7 in force at 13.3.2017, see reg. 1(2)

8.  The amount of the precept, if any, issued by each community council for— E+W

(a) the relevant year; and

(b) the preceding year.

Commencement Information

I8 Sch. 3 para. 8 in force at 13.3.2017, see reg. 1(2)

PART 2 E+W Interpretation etc.

9.  For the purposes of paragraph 1(a) and (f) of Part 1, the gross expenditure in respect of a service for a year is the sum of all items charged to a revenue account for the year attributable to the service, but does not include allowances for contingencies or contributions to financial reserves. E+W

Commencement Information

I9 Sch. 3 para. 9 in force at 13.3.2017, see reg. 1(2)

10.  The estimates for the relevant year and for the preceding year, to be supplied pursuant to paragraph 1(a), (b), (c), (f) and (g) of Part 1 are— E+W

(a) as regards the billing authority, estimates made for the purposes of the calculations required by section 32 of the 1992 Act; and

(b) as regards police and crime commissioners, estimates made for the purposes of the calculations required by section 43 of the 1992 Act.

Commencement Information

I10 Sch. 3 para. 10 in force at 13.3.2017, see reg. 1(2)

11.  For the purposes of paragraph 1(d) of Part 1, capital expenditure is expenditure of the billing authority which— E+W

(a) falls to be capitalised in accordance with proper practices; or

(b) is treated as being capital expenditure by virtue of regulations or directions made by the Welsh Ministers under section 16(2) of the Local Government Act 2003.

Commencement Information

I11 Sch. 3 para. 11 in force at 13.3.2017, see reg. 1(2)

12.  For the purposes of paragraph 4 of Part 1, the standard spending assessment for a billing authority and police and crime commissioner for the relevant year is the standard spending assessment for that body in the local government finance report for that year made by the Welsh Ministers under section 84G of the 1988 Act(6) and approved by resolution of the National Assembly for Wales. E+W

Commencement Information

I12 Sch. 3 para. 12 in force at 13.3.2017, see reg. 1(2)

(1)

Section 84L was originally inserted by paragraph 1 of Schedule 2 to the Local Government Act 2003 but subsequently substituted by paragraph 29 of Schedule 1 to the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388).

(2)

1996 c. 16. As amended by section 24 of the Police Reform and Social Responsibility Act 2011 (c. 13) and section 142(1) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

(3)

Section 33(1) was amended by paragraph 5(2) of Schedule 12 to the Local Government (Wales) Act 1994 (c. 19), paragraph 11 of Schedule 7 to the Localism Act 2011, regulation 4(1) of the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1994 (S.I. 1994/246), regulation 3 of the Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2012 (S.I. 2012/521) (W. 82) and regulation 3 of the Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2013 (S.I. 2013/216) (W. 28). Section 44(1) was amended by paragraph 21 of Schedule 7 to the Localism Act 2011, regulation 4(1) of S.I. 1994/246, regulation 5 of the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1995 (S.I. 1995/234), regulation 5 of Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2010 (S.I. 2010/317) (W. 41), regulation 5 of Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2011 (S.I. 2011/446) (W. 67), S.I. 2012/521 (W. 82) and S.I. 2013/216 (W. 28).

(4)

As amended by paragraph 18(4) of Schedule 7 to the Localism Act 2011.

(5)

As substituted by regulation 2 of the Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2013.

(6)

Section 84G was originally inserted by paragraph 1 of Schedule 2 to the Local Government Act 2003 and later amended by paragraph 25 of Schedule 1 to S.I. 2007/1388.