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PART 5E+WFunding

Calculation of budget requirementsE+W

16.—(1) For each financial year the South East Wales CJC must calculate the amounts described in paragraph (2) attributable to—

(a)its strategic planning functions (including an appropriate proportion of administration costs and other overheads), and

(b)its other functions.

(2) The amounts that the CJC must calculate are—

(a)the amount which the CJC estimates it will spend in respect of the financial year in the exercise of its functions (including spending on administration and other overheads);

(b)the amount which the CJC considers appropriate to raise for contingencies arising in respect of the financial year;

(c)the amount which the CJC considers appropriate to be held as a reserve to meet expenditure it considers will be incurred in respect of future financial years;

(d)any amount which the CJC considers is necessary to meet liabilities outstanding in respect of any earlier financial year.

(3) For each financial year, the South East Wales CJC must also calculate the aggregate of any amounts it estimates it will receive from sources other than the constituent councils and the Brecon Beacons National Park Authority attributable to—

(a)its strategic planning functions, and

(b)its other functions.

(4) Where the sum of the amounts calculated for a financial year under paragraph (1)(a) exceeds the amount calculated for that year under paragraph (3)(a), the amount of excess is the South East Wales CJC’s strategic planning budget requirement for the financial year.

(5) Where the sum of the amounts calculated for a financial year under paragraph (1)(b) exceeds the amount calculated for that year under paragraph (3)(b), the amount of excess is the South East Wales CJC’s general budget requirement for the financial year.

(6) The South East Wales CJC must—

(a)carry out the calculations under paragraphs (1) and (3), and

(b)agree those calculations at a meeting,

no later than 31 January in each preceding financial year.

(7) In relation to the first financial year, paragraph (6) applies as if, for “31 January in each preceding financial year” there were substituted “31 January 2022”.

(8) The South East Wales CJC may revise the calculations carried out under paragraphs (1) and (3) at any time before the end of the financial year to which they relate and the South East Wales CJC’s general budget requirement, or strategic planning budget requirement, may consequently be revised.

(9) Any revised calculations must be agreed at a meeting of the South East Wales CJC.

Commencement Information

I1Reg. 16 in force at 1.4.2021, see reg. 1(2)

Funding of budget requirementE+W

17.—(1) The South East Wales CJC’s general budget requirement must be paid to the South East Wales CJC by the constituent councils, and the proportion of that amount payable by each constituent council is to be determined by the unanimous agreement of the council members.

(2) The South East Wales CJCs strategic planning budget requirement must be paid to the South East Wales CJC by the constituent councils and the Brecon Beacons National Park Authority, and the proportion of that amount payable by each constituent council and by the Authority is to be determined by the unanimous agreement of [F1the council members and the Brecon Beacons member].

(3) Where agreement cannot be reached as to the proportions payable under paragraph (1) or (2), the Welsh Ministers may by direction specify the proportion payable by each constituent council or each constituent council and the Brecon Beacons National Park Authority.

(4) This regulation applies to a general budget requirement, or strategic planning budget requirement, revised under paragraph (8) of regulation 16 as it applies to a budget requirement initially determined under that regulation.

Textual Amendments

Commencement Information

I2Reg. 17 in force at 1.4.2021, see reg. 1(2)

[F2General FundE+W

17A.—(1) The South East Wales CJC must establish and maintain a fund to be known as the South East Wales CJC’s general fund.

(2) Any sums received by the South East Wales CJC (including sums received under regulation 17(1) or (2)) must be paid into its general fund.

(3) All payments made by the South East Wales CJC must be made out of its general fund.

(4) The South East Wales CJC must keep an account of receipts paid into, and payments made out of, its general fund.

(5) Paragraphs (2) and (3) do not apply to any sums to be paid into, or out of, an external fund within the meaning given by section 17 of the Local Government Act 2003 (external funds).]

Textual Amendments