Local Government Finance Act 1992 (c. 14)

Part I E+W Council Tax: England and Wales

Modifications etc. (not altering text)

C1 Pt. I (ss. 1-69) modified (6.3.1992) by Local Government Act 1992 (c. 19), s. 18(1)(a)(b).

C2 Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/549, art.3.

C3 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

C4 Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 8

C5 Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 7

[F1 CHAPTER IVA E+W LIMITATION OF COUNCIL TAX AND PRECEPTS

Textual Amendments

F1 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 E+W

52B Power to designate or nominate authorities. E+W

(1) If in the [F2 Welsh Ministers'] opinion the amount calculated by an authority as its budget requirement for a financial year (the year under consideration) is excessive, [F3 they] may exercise [F4 their] power to designate or nominate the authority under section 52D below.

(2) The question whether the amount so calculated is excessive must be decided in accordance with a set of principles determined by the [F5 Welsh 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 [F6 Welsh 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;

(b) as regards an authority which does not fall within any of the categories, the [F7 Welsh Ministers] may not exercise [F7 their] power to designate or nominate the authority under section 52D below by reference to the excessiveness of its budget requirement for the year.

(6) If [F8 they 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) In determining categories of authorities for the year under consideration the [F9 Welsh Ministers] shall take into account any information [F10 they think] is relevant.

(8) In applying this section the [F11 Welsh Ministers] shall ignore any calculation for which another has been substituted at the time designation or nomination is proposed.

Textual Amendments

F2 Words in s. 52B(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 5(2)(a); S.I. 2011/2896, art. 2(i)

F3 Word in s. 52B(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 5(2)(b); S.I. 2011/2896, art. 2(i)

F4 Word in s. 52B(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 5(2)(c); S.I. 2011/2896, art. 2(i)

F5 Words in s. 52B(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 5(3); S.I. 2011/2896, art. 2(i)

F6 Words in s. 52B(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 5(4)(a); S.I. 2011/2896, art. 2(i)

F7 Words in s. 52B(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 5(4)(b); S.I. 2011/2896, art. 2(i)

F8 Words in s. 52B(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 5(5); S.I. 2011/2896, art. 2(i)

F9 Words in s. 52B(7) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 5(6)(a); S.I. 2011/2896, art. 2(i)

F10 Words in s. 52B(7) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 5(6)(b); S.I. 2011/2896, art. 2(i)

F11 Words in s. 52B(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 5(7); S.I. 2011/2896, art. 2(i)

52C Alternative notional amounts. E+W

(1) The [F12 Welsh 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 [F13 their] 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) shall contain such explanation as the [F14 Welsh Ministers think] desirable of the calculation by [F15 them] of the alternative notional amount;

(d) shall be laid before the [F16 National Assembly for Wales].

(4) If a report under this section is approved by resolution of the [F17 National 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.

Textual Amendments

F12 Words in s. 52C(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 6(2)(a); S.I. 2011/2896, art. 2(i)

F13 Word in s. 52C(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 6(2)(b); S.I. 2011/2896, art. 2(i)

F14 Words in s. 52C(3)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 6(3)(a)(i); S.I. 2011/2896, art. 2(i)

F15 Word in s. 52C(3)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 6(3)(a)(ii); S.I. 2011/2896, art. 2(i)

F16 Words in s. 52C(3)(d) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 6(3)(b); S.I. 2011/2896, art. 2(i)

F17 Words in s. 52C(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 6(4); S.I. 2011/2896, art. 2(i)

52D Designation or nomination. E+W

(1) This section applies if in the [F18 Welsh 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 [F19 they] may—

(a) designate the authority as regards the year under consideration, or

(b) nominate the authority.

(3) The [F20 Welsh Ministers] may proceed under different paragraphs of subsection (2) above in relation to different authorities.]

Textual Amendments

F18 Words in s. 52D(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 7(2); S.I. 2011/2896, art. 2(i)

F19 Word in s. 52D(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 7(3); S.I. 2011/2896, art. 2(i)

F20 Words in s. 52D(3) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 7(4); S.I. 2011/2896, art. 2(i)