C1C2C3C5C4 Part I Council Tax: England and Wales
Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/549, art.3.
Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/550, arts. 3, 4
Pt. I (ss. 1-69) modified (28.11.1994) by S.I. 1994/2825, reg. 3
Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 8
Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 7
C5C4F1CHAPTER IVA LIMITATION OF COUNCIL TAX AND PRECEPTS
Chapter 4A (ss. 52A-52Z) inserted (27.7.1999 with effect as mentioned in s. 30(2) of the amending Act.) by 1999 c. 27, s. 30(1), Sch. 1 para. 1
Designation or nomination
52B Power to designate or nominate authorities.
1
2
The question whether the amount so calculated is excessive must be decided in accordance with a set of principles determined by the F8Welsh Ministers.
3
A set of principles—
a
may contain one principle or two or more principles;
b
must constitute or include a comparison falling within subsection (4) below or comparisons each of which falls within subsection (4).
4
A comparison falls within this subsection if—
a
it is between the amount calculated by the authority as its budget requirement for the year under consideration and the amount calculated by it as its budget requirement for a financial year falling before the year under consideration;
b
the earlier financial year in the comparison does not fall before that beginning with 1st April 1998.
5
If for the purposes of this section the F9Welsh Ministers determine categories of authorities for the year under consideration—
a
any principles determined for the year must be such that the same set is determined for all authorities (if more than one) falling within the same category;
6
If F11they do not determine such categories, any principles determined for the year under consideration must be such that the same set is determined for all authorities.
7
8
In applying this section the F14Welsh Ministers shall ignore any calculation for which another has been substituted at the time designation or nomination is proposed.
52C Alternative notional amounts.
1
The F15Welsh Ministers may make a report specifying in relation to—
a
any year under consideration (within the meaning of section 52B above), and
b
any authority,
an amount which in F16their opinion should be used as the basis of any comparison in applying that section in place of the amount calculated by the authority as its budget requirement for a financial year falling before the year under consideration.
2
References in this section to the alternative notional amount are to the amount so specified.
3
A report under this section—
a
may relate to two or more authorities;
b
may be amended by a subsequent report under this section;
c
d
shall be laid before the F19National Assembly for Wales.
4
If a report under this section is approved by resolution of the F20National Assembly for Wales section 52B above shall have effect, as regards the year under consideration and any authority to which the report relates, as if the reference in subsection (4) to the amount calculated by the authority as its budget requirement for a financial year falling before the year under consideration were to the alternative notional amount for the year so falling.
52D Designation or nomination.
1
This section applies if in the F2Welsh Ministers' opinion (reached after applying section 52B above) the amount calculated by an authority as its budget requirement for the year under consideration is excessive.
2
In such a case F3they may—
a
designate the authority as regards the year under consideration, or
b
nominate the authority.
3
The F4Welsh Ministers may proceed under different paragraphs of subsection (2) above in relation to different authorities.
Pt. I (ss. 1-69) modified (6.3.1992) by Local Government Act 1992 (c. 19), s. 18(1)(a)(b).