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Local Government Finance Act 1988
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- UK Public General Acts
- 1988 c. 41
- Part VII
- Section 104
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Changes over time for: Section 104
Alternative versions:
- 01/02/1991- Amendment
- Stop date 06/03/1992- Amendment
Status:
This version of this provision no longer has effect.
Status
No longer has effect, generally means that this provision has been repealed. Take a look at the annotations at the end of the provision for further information.
Changes to legislation:
Local Government Finance Act 1988, Section 104 is up to date with all changes known to be in force on or before 22 May 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 104:
- s. 52A inserted by 2023 c. 53 s. 8
- s. 54(7A) inserted by 2023 c. 53 Sch. para. 34
- s. 63A(1A) inserted by 2023 c. 53 s. 12(1)
- s. 63E inserted by 2023 c. 53 s. 12(2)
- s. 67(8A)(8B) inserted by 2023 c. 53 Sch. para. 37(a)
- s. 143(9AZB) inserted by 2023 c. 53 Sch. para. 39(a)
- Sch. 5A para. 8 inserted by 2023 c. 53 Sch. para. 38
- Sch. 9 para. 4J(4)(c) and word inserted by 2024 asc 6 s. 12(4)(b)
- Sch. 9 para. 5ZC(4A) inserted by 2024 asc 6 s. 12(6)
- Sch. 9 para. 5E(1A) inserted by 2024 asc 6 Sch. para. 13(2)(l)(ii)
- Sch. 9 para. 4B-4H and cross-heading inserted by 2023 c. 53 s. 13(2)
- Sch. 9 para. 4I-4M and cross-heading inserted by 2023 c. 53 s. 13(3)
- Sch. 9 para. 5BA-5BC and cross-heading inserted by 2023 c. 53 s. 13(6)
- Sch. 9 para. 5BD-5BF and cross-heading inserted by 2023 c. 53 s. 13(7)
- Sch. 9 para. 5CA and cross-heading inserted by 2023 c. 53 Sch. para. 46
- Sch. 9 para. 5CB inserted by 2023 c. 53 Sch. para. 47
- Sch. 9 para. 5F(1A)(1B) inserted by 2023 c. 53 Sch. para. 49(c)
- Sch. 9 para. 5F(A1) inserted by 2023 c. 53 Sch. para. 49(a)
- Sch. 9 para. 5FA inserted by 2023 c. 53 Sch. para. 50
- Sch. 9 para. 5FB inserted by 2023 c. 53 Sch. para. 51
- Sch. 9 para. 5ZA 5ZB and cross-heading inserted by 2023 c. 53 s. 13(4)
- Sch. 9 para. 5ZC-5ZF and cross-heading inserted by 2023 c. 53 s. 13(5)
- Sch. 9 para. 7B inserted by 2023 c. 53 s. 10
- Sch. 9 para. 5BE(5) substituted by 2024 asc 6 Sch. para. 13(2)(h)
- Sch. 9 para. 4J(4)(a) word omitted by 2024 asc 6 s. 12(4)(a)
- Sch. 9 para. 5ZC cross-heading word omitted by 2024 asc 6 Sch. para. 13(2)(c)
- Sch. 9 para. 5BD cross-heading word omitted by 2024 asc 6 Sch. para. 13(2)(g)
- Sch. 9 para. 4l cross-heading words omitted by 2024 asc 6 s. 12(2)
- Sch. 9 para. 4I words omitted by 2024 asc 6 s. 12(3)(a)
- Sch. 9 para. 4M(1) words omitted by 2024 asc 6 s. 12(5)
- Sch. 9 para. 4I(a) words substituted by 2024 asc 6 s. 12(3)(b)
- Sch. 9 para. 4I(b) words substituted by 2024 asc 6 s. 12(3)(c)
- Sch. 9 para. 5F(A1) words substituted by 2024 asc 6 Sch. para. 13(2)(m)
- Sch. 9 para. 5FB words substituted by 2024 asc 6 Sch. para. 13(2)(n)
- Sch. 11 para. 2(cza)(czb) inserted by 2024 asc 6 Sch. para. 13(3)(a)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 52A inserted by 2023 c. 53 s. 8
- s. 54(7A) inserted by 2023 c. 53 Sch. para. 34
- s. 63A(1A) inserted by 2023 c. 53 s. 12(1)
- s. 63E inserted by 2023 c. 53 s. 12(2)
- s. 67(8A)(8B) inserted by 2023 c. 53 Sch. para. 37(a)
- s. 143(9AZB) inserted by 2023 c. 53 Sch. para. 39(a)
- Sch. 5A para. 8 inserted by 2023 c. 53 Sch. para. 38
- Sch. 9 para. 4J(4)(c) and word inserted by 2024 asc 6 s. 12(4)(b)
- Sch. 9 para. 5ZC(4A) inserted by 2024 asc 6 s. 12(6)
- Sch. 9 para. 5E(1A) inserted by 2024 asc 6 Sch. para. 13(2)(l)(ii)
- Sch. 9 para. 4B-4H and cross-heading inserted by 2023 c. 53 s. 13(2)
- Sch. 9 para. 4I-4M and cross-heading inserted by 2023 c. 53 s. 13(3)
- Sch. 9 para. 5BA-5BC and cross-heading inserted by 2023 c. 53 s. 13(6)
- Sch. 9 para. 5BD-5BF and cross-heading inserted by 2023 c. 53 s. 13(7)
- Sch. 9 para. 5CA and cross-heading inserted by 2023 c. 53 Sch. para. 46
- Sch. 9 para. 5CB inserted by 2023 c. 53 Sch. para. 47
- Sch. 9 para. 5F(1A)(1B) inserted by 2023 c. 53 Sch. para. 49(c)
- Sch. 9 para. 5F(A1) inserted by 2023 c. 53 Sch. para. 49(a)
- Sch. 9 para. 5FA inserted by 2023 c. 53 Sch. para. 50
- Sch. 9 para. 5FB inserted by 2023 c. 53 Sch. para. 51
- Sch. 9 para. 5ZA 5ZB and cross-heading inserted by 2023 c. 53 s. 13(4)
- Sch. 9 para. 5ZC-5ZF and cross-heading inserted by 2023 c. 53 s. 13(5)
- Sch. 9 para. 7B inserted by 2023 c. 53 s. 10
- Sch. 9 para. 5BE(5) substituted by 2024 asc 6 Sch. para. 13(2)(h)
- Sch. 9 para. 4J(4)(a) word omitted by 2024 asc 6 s. 12(4)(a)
- Sch. 9 para. 5ZC cross-heading word omitted by 2024 asc 6 Sch. para. 13(2)(c)
- Sch. 9 para. 5BD cross-heading word omitted by 2024 asc 6 Sch. para. 13(2)(g)
- Sch. 9 para. 4l cross-heading words omitted by 2024 asc 6 s. 12(2)
- Sch. 9 para. 4I words omitted by 2024 asc 6 s. 12(3)(a)
- Sch. 9 para. 4M(1) words omitted by 2024 asc 6 s. 12(5)
- Sch. 9 para. 4I(a) words substituted by 2024 asc 6 s. 12(3)(b)
- Sch. 9 para. 4I(b) words substituted by 2024 asc 6 s. 12(3)(c)
- Sch. 9 para. 5F(A1) words substituted by 2024 asc 6 Sch. para. 13(2)(m)
- Sch. 9 para. 5FB words substituted by 2024 asc 6 Sch. para. 13(2)(n)
- Sch. 11 para. 2(cza)(czb) inserted by 2024 asc 6 Sch. para. 13(3)(a)
104 Challenge of maximum amount.E+W
(1)This section applies where a designated authority informs the Secretary of State by notice in writing under section 102(5)(a) above.
(2)If the authority is a charging authority, after considering any information he thinks is relevant the Secretary of State shall (subject to subsection (8) below) make an order stating the amount which the amount calculated by it in relation to the year under section 95(4) above is not to exceed.
(3)Subject to subsection (4) below, the amount stated under subsection (2) above may be the same as, or greater or smaller than, that stated in the notice under section 102(1)(c) above.
(4)The amount stated under subsection (2) above may not exceed the amount already calculated by the authority in relation to the year under section 95(4) above unless, in the Secretary of State’s opinion, the authority failed to comply with section 95 above in making the calculation.
(5)If the authority is a precepting authority, after considering any information he thinks is relevant the Secretary of State shall (subject to subsection (8) below) make an order stating the amount which the aggregate amount of precepts issued by it for the year is not to exceed.
(6)Subject to subsection (7) below, the amount stated under subsection (5) above may be the same as, or greater or smaller than, that stated in the notice under section 102(1)(c) above.
(7)The amount stated under subsection (5) above may not exceed the aggregate amount of precepts already issued by the authority for the year unless, in the Secretary of State’s opinion, the authority failed to fulfil section 68(3) or 69(3) or (4) above in issuing any precept.
(8)The power to make an order under this section shall be exercisable by statutory instrument, and no such order shall be made unless a draft of it has been laid before and approved by resolution of the House of Commons.
(9)An order under this section may relate to two or more authorities.
(10)As soon as is reasonably practicable after an order under this section is made the Secretary of State shall serve on the authority (or each authority) a notice stating the amount stated in the case of the authority in the order.
(11)When he serves a notice under subsection (10) above on a precepting authority the Secretary of State shall also serve a copy of it on each charging authority to which the precepting authority has power to issue a precept.
(12)In construing subsection (4) above any calculation for which another has been substituted at the time of designation shall be ignored.
(13)In construing subsection (7) above any precept for which another has been substituted at the time of designation shall be ignored.
Textual Amendments
F1Part VII (ss. 100-110) repealed (6.3.1992) by 1992 c. 14, s. 117(2), Sch.14 (with s. 118(1)(2)(4))
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