The Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1990

PART II CALCULATION AND IDENTIFICATION OF CERTAIN MATTERS TO BE CONTAINED IN COMMUNITY CHARGE DEMAND NOTICE

1.  The amount of the community charge for standard spending as calculated by the Secretary of State in accordance with paragraph 2.5 of the distribution report (or in accordance with any equivalent provision of any later report made by him under section 80 of the Act and approved by resolution of the House of Commons), as that amount is last notified by him to the charging authority.

2.—(1) An amount for the charging authority equal to the aggregate for the authority of–

(a) the amout of every item which, pursuant to section 33(3)(b) of the Act, represents special expenses of the authority for the relevant year relating to a part of the area of the authority relevant to the notice concerned, and which is to be provided for under the relevant charge or by such other means as are mentioned in section 32(3) of the Act, divided by the relevant population of the part for the item in question; and

(b) such portion of the amount last calculated by the charging authority for the relevant year under section 95(4) of the Act(1) as is not to be provided for as special expenses for that year pursuant to section 33(3)(b) of the Act, divided by the relevant population of its area.

(2) An amount for each appropriate precepting authority equal to the aggregate for it of–

(a) insofar as its precept or a portion of it issued to the charging authority relates only to a part of the area of the charging authority (being a part relevant to the demand notice concerned), the amount of the precept or (as the case may be) every such portion, divided by the relevant population of that part for the precept or portion in question; and

(b) insofar as its precept or a portion of it issued to the charging authority relates to all of the area of the charging authority, the amount of the precept or (as the case may be) the portion, divided by the relevant population of that area.

3.  An amount representing the unadjusted amount of revenue support grant per head, being the amount by which the sum of the standard assessments per head mentioned in paragraph 11 for the notice (after rounding in accordance with paragraph 8(1) of Part III) as last notified by the Secretary of State exceeds the sum of–

(a) the amount mentioned in paragraph 1 last notified by him (after such rounding), and

(b) the amount found in accordance with paragraph 4 (after such rounding).

4.  The amount found by dividing the amount notified to the charging authority under paragraph 9(8) of Schedule 8 to the Act in respect of the relevant year by the relevant population of its area.

5.  The amount by which the sum of the amounts calculated under paragraph 2 (after rounding in accordance with paragraph 8(1) of Part III) exceeds the sum of the amounts found in accordance with paragraphs 3 and 4 (after such rounding).

6.  The amount found by dividing the amount of any adjustment to the amount of revenue support grant payable to the charging authority with respect to the relevant year pursuant to any report approved under section 84(5) of the Act by the relevant population of its area.

7.  The amount found by dividing the amount of low rateable value areas grant which may be paid to the charging authority for the relevant year in accordance with the special grant report by the relevant population of its area.

8.  The amount found by dividing the amount of Inner London education grant which may be paid to the charging authority for the relevant year in accordance with the special grant report by the relevant population of its area.

9.  The amount of any adjustment necessary so that the amount calculated under paragraph 5, after addition or deduction (as the case may be) of any amount calculated under paragraph 6 (as rounded in accordance with paragraph 8(1) of Part III), and after addition of any amount calculated under paragraphs 7 and 8 so rounded, is equal to the amount mentioned in paragraph 10.

10.  The relevant charge.

11.  The standard spending assessment per head for the charging authority and (subject to paragraph 2(5) of Part III) for each appropriate precepting authority, being the amount of the assessment per head applicable to the whole of the area of the charging or precepting authority concerned, or (as the case may be) to the part of the area of the precepting authority concerned which is relevant to the notice, as calculated by the Secretary of State and last notified by him to the charging authority.

12.  The amount which is demanded under the notice in respect of the community charge concerned, or (if any amounts fall to be shown in a notice under paragraph 13, 14 or 15) which would be demanded in respect of it but for the reductions or increase represented by the amounts so shown.

13.  The amount by which the amount demanded under the notice is less than it would otherwise be by virtue of that amount being calculated by reference to regulations under section 13A of the Act(2) (disregarding any reduction or assumed reduction arising or which would have arisen in consequence of any such provision as is mentioned in paragraph 14).

14.  The amount of any reduction in the amount demanded under the notice which is attributable to a reduction, or assumed or expected reduction, in the amount a person is liable to pay in respect of the community charge concerned as it has effect for the relevant year in consequence of any provision included in regulations under section 31A(1) of the Social Security Act 1986(3).

15.  The amount of any addition to the amount demanded under the notice which is attributable to excess community charge benefit which is being recovered in the manner described in section 31D(3)(b) of that Act.

16.  An amount equal to the aggregate of–

(a) the amount of any specific grants which the charging authority received or expects to receive in respect of the relevant year, which it took into account in last making its calculation under section 95(3) of the Act for that year, and which it proposes to apply to defray special expenses for a part of its area relevant to the demand notice concerned, divided by the relevant population of that part;

(b) the amount of any specific grants which the charging authority received or expects to receive in respect of the relevant year, which it took into account in last making its calculation under section 95(3) of the Act for that year, and which it does not propose to apply to defray its special expenses, divided by the relevant population of its area;

(c) the amount of any specific grants which each relevant precepting authority received or expects to receive in respect of the relevant year, which it took into account in calculating the amount of its precept, and which it proposes to apply to defray special expenses for a part of its area relevant to the demand notice concerned, divided by the relevant population of that part; and

(d) the amount of any specific grants which each relevant precepting authority received or expects to receive in respect of the relevant year, which it took into account in calculating the amount of its precept, and which it does not propose to apply to defray its special expenses, divided by the relevant population of its area.

17.  An amount equal to the aggregate of–

(a) the amount of any fees, charges or other income (but not specific grants) which the charging authority received or expects to receive in respect of the relevant year, or of any reserves which it used or expects to use in respect of that year, being an amount which it took into account in last making its calculation under section 95(3) of the Act for the year, and which it proposes to apply to defray special expenses for a part of its area relevant to the notice concerned, divided by the relevant population of that part;

(b) the amount of any fees, charges or other income (but not specific grants) which the charging authority received or expects to receive in respect of the relevant year, or of any reserves which it used or expects to use in respect of that year, being an amount which it took into account in last making its calculation under section 95(3) of the Act for the year, and which it does not propose to apply to defray its special expenses, divided by the relevant population of its area;

(c) the amount of any fees, charges or other income (but not specific grants) which each relevant precepting authority received or expects to receive in respect of the relevant year, or of any reserves which it used or expects to use in respect of that year, being an amount which it took into account in last calculating the amount of its precept for that year, and which it proposes to apply to defray special expenses for a part of its area relevant to the notice concerned, divided by the relevant population of that part; and

(d) the amount of any other fees, charges or other income (but not specific grants) which each relevant precepting authority received or expects to receive in respect of the relevant year, or of any reserves which it used or expects to use in respect of that year, being an amount which it took into account in last calculating the amount of its precept for that year and which it does not propose to apply to defray its special expenses, divided by the relevant population of its area.

(1)

Section 95 was amended by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 63.

(2)

Section 13A was inserted by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 5.

(3)

1986 c. 50; sections 31A and 31D were inserted by the Local Government Finance Act 1988 (c. 41), Schedule 10, paragraph 6.