SCHEDULES
SCHEDULE 8 Non-Domestic Rating: Pooling
C5F5Part III Distribution
Sch. 8 Pt. III amended (1.11.1996) by 1996 c. 56, ss. 256(6), 257, 583(2) (with s. 1(4), Sch. 39)
F4C4Distribution: local government finance reports
Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para. 7 (with s. 118(1)(2)(4))
Sch. 8 Pt. III (paras. 8-15) amended (1.11.1996) by 1996 c. 56, ss. 256(6), 257, 583(2)
C1F110
1
A local government finance report for a financial year shall specify the basis (the basis of distribution) on which the F27Welsh Ministers propose to distribute among receiving authorities the distributable amount for the year.
2
C2F211
1
This paragraph applies where—
a
in relation to a financial year, the distributable amount for the year has been calculated and specified in a report in accordance with F12paragraphs 9 and 9A(2) above; and
b
the report has been laid before the F30Assembly.
2
If the report is approved by resolution of the F31Assembly, the distributable amount for the year shall be distributed among and paid to receiving authorities in accordance with this paragraph and paragraph 12 below.
3
As soon as is reasonably practicable after the report has been so approved, the F32Welsh Ministers shall calculate what sum falls to be paid to each receiving authority as its share of the distributable amount for the year in accordance with the basis of distribution specified in the report as so approved.
4
Subject to sub-paragraph (5) below, after making a calculation under sub-paragraph (3) above, the F33Welsh Ministers may, at any time before the end of the financial year following the financial year to which the report relates, make one further calculation of what sum falls to be paid to each receiving authority as its share of the distributable amount for the year in accordance with the basis of distribution so specified.
5
The power to make a calculation under sub-paragraph (4) above shall not be exercisable after the approval by resolution of the F34Assembly of any amending report made under paragraph 13 below in relation to the local government finance report.
6
If the F35Welsh Ministers decide that F36they will leave out of account information received by F37them after a particular date in making a calculation under sub-paragraph (3) or (4) above, the calculation shall be made accordingly, and F36they may decide different dates for different kinds of information.
7
Sub-paragraph (6) above applies only if the F38Welsh Ministers inform each receiving authority in writing of F39their decision and of the date (or the dates and kinds of information) concerned; but F40they may do this at any time before the calculation is made under this paragraph (whether before or after the distributable amount for the year is calculated under paragraph 9 above).
8
F1111A
1
Where the F13Welsh Ministers propose to make two local government finance reports for a particular financial year and as respects that year F14decide as mentioned in paragraph 9A(1)(b)(ii) above, F15the Welsh Ministers shall in each of those reports—
a
specify the amount for the year arrived at under paragraph 9 above,
b
specify how much of that amount is for the receiving authorities to which the report relates, and
c
specify the basis on which the F16Welsh Ministers propose to distribute among those authorities the amount specified under paragraph (b) above.
2
11B
F181
This paragraph applies where—
a
the Assembly approves by resolution a local government finance report that is one of two being made by the Welsh Ministers for a particular financial year, and
b
as respects that year the Welsh Ministers decide as mentioned in paragraph 9A(1)(b)(ii) above.
2
The amount specified under paragraph 11A(1)(b) above in the report shall be distributed among and paid to the receiving authorities to which the report relates in accordance with this paragraph and paragraph 12 below.
3
As soon as is reasonably practicable F19after the report is approved by the Assembly, the Welsh Ministers shall calculate in relation to each of those authorities what sum falls to be paid to the authority as its share of the amount specified under paragraph 11A(1)(b) above.
4
The calculation under sub-paragraph (3) above shall be in accordance with the basis of distribution specified in the report.
5
The F20Welsh Ministers may carry out the sub-paragraph (3) calculation again at any time before the end of the financial year immediately following the one to which the report relates.
6
The power under sub-paragraph (5) above may only be exercised once and ceases to be exercisable if the Assembly F22approves by resolution an amending report made by the Welsh Ministers under paragraph 13 below.
7
As soon as is reasonably practicable after making a calculation under sub-paragraph (3) or (5) above, the F21Welsh Ministers shall inform each receiving authority to which the report relates of the outcome, so far as relating to it.
11C
1
2
Different deadlines may be set under sub-paragraph (1) above in relation to different kinds of information.
3
A deadline under sub-paragraph (1) above shall only have effect if the F25Welsh Ministers inform each receiving authority concerned of the deadline and of the information to which it relates.
4
Notification under sub-paragraph (3) above may be given at any time before the making of the calculation to which the deadline relates, including a time before the distributable amount for the year is calculated under paragraph 9 above.
5
When making a calculation in relation to which a deadline under sub-paragraph (1) above has effect, the F26Welsh Ministers shall leave information to which the deadline applies out of account if it is received after the passing of the deadline.
F3C312
1
2
3
Where a calculation is made under paragraph 11(4) F7or 11B(5) above and the sum it shows as falling to be paid to a receiving authority exceeds that shown as falling to be paid to it by the calculation for the financial year concerned under paragraph 11(3) F8or 11B(3) above, the F46Welsh Ministers shall pay to the authority a sum equal to the difference.
4
5
Where a calculation is made under paragraph 11(4) F9or 11B(5) above and the sum it shows as falling to be paid to a receiving authority is less than that shown as falling to be paid to it by the calculation for the financial year concerned under paragraph 11(3) F10or 11B(3) above, a sum equal to the difference shall be paid by the authority to the F49Welsh Ministers.
6
The sum shall be paid on such day after the end of the financial year concerned as the F49Welsh Ministers may specify; and if it is not paid on or before that day it shall be recoverable in a court of competent jurisdiction.
Sch. 8 Pt. III (paras. 8-15) substituted (6.3.1992) for paras. 8-16 by 1992 c. 14, s. 104, Sch. 10 Pt. I para.7 (with s. 118(1)(2)(4))