Local Government Finance Act 1992

[F1CHAPTER IVAE+W LIMITATION OF COUNCIL TAX AND PRECEPTS

Textual Amendments

F1Chapter 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

Modifications etc. (not altering text)

IntroductionE+W

52A Interpretation.E+W

(1)In this Chapter a reference to an authority is to—

(a)a billing authority [F2in Wales], or

(b)a major precepting authority [F3in Wales].

(2)Sections 52W and 52X below contain other interpretative provisions for the purposes of this Chapter.

Textual Amendments

F2Words in s. 52A(1)(a) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 4; S.I. 2011/2896, art. 2(i)

F3Words in s. 52A(1)(b) inserted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 4; S.I. 2011/2896, art. 2(i)

Designation or nominationE+W

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

(1)If in the [F4Welsh Ministers'] opinion the amount calculated by an authority as its budget requirement for a financial year (the year under consideration) is excessive, [F5they] may exercise [F6their] 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 [F7Welsh 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 [F8Welsh 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 [F9Welsh Ministers] may not exercise [F9their] 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 [F10they 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 [F11Welsh Ministers] shall take into account any information [F12they think] is relevant.

(8)In applying this section the [F13Welsh Ministers] shall ignore any calculation for which another has been substituted at the time designation or nomination is proposed.

Textual Amendments

F4Words 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)

F5Word 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)

F6Word 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)

F7Words 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)

F8Words 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)

F9Words 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)

F10Words 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)

F11Words 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)

F12Words 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)

F13Words 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 [F14Welsh 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 [F15their] 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 [F16Welsh Ministers think] desirable of the calculation by [F17them] of the alternative notional amount;

(d)shall be laid before the [F18National Assembly for Wales].

(4)If a report under this section is approved by resolution of the [F19National 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

F14Words 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)

F16Words 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)

F17Word 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)

F18Words 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)

F19Words 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 [F20Welsh 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 [F21they] may—

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

(b)nominate the authority.

(3)The [F22Welsh Ministers] may proceed under different paragraphs of subsection (2) above in relation to different authorities.

Textual Amendments

F20Words 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)

F21Word 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)

F22Words 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)

Designation for year under considerationE+W

52E Designation.E+W

(1)This section applies if the [F23Welsh Ministers designate] an authority under section 52D(2)(a) above as regards the year under consideration.

(2)[F24They] shall notify the authority in writing of—

(a)the designation;

(b)the set of principles determined for the authority under section 52B above;

(c)the category in which the authority falls (if [F25they determine] categories under section 52B above);

(d)the amount which [F26they propose] should be the maximum for the amount calculated by the authority as its budget requirement for the year;

(e)the target amount for the year, that is, the maximum amount which [F27they propose] the authority could calculate as its budget requirement for the year without the amount calculated being excessive;

(f)the financial year as regards which [F28they expect] the amount calculated by the authority as its budget requirement for that year to be equal to or less than the target amount for that year (assuming one to be determined for that year).

(3)A designation under section 52D(2)(a) above—

(a)is invalid unless subsection (2) above is complied with;

(b)shall be treated as made at the beginning of the day on which the authority receives a notification under that subsection.

(4)If—

(a)an authority has been designated under section 52D(2)(a) above, and

(b)after the designation is made the authority makes substitute calculations in relation to the year,

the substitute calculations shall be invalid unless they are made in accordance with section 52I or 52J below (as the case may be).

(5)Before the end of the period of 21 days beginning with the day it receives a notification under this section, an authority may inform the [F29Welsh Ministers] by notice in writing that—

(a)for reasons stated in the notice, it believes the maximum amount stated under subsection (2)(d) above should be such as the authority states in its notice, or

(b)it accepts the maximum amount stated under subsection (2)(d) above.

Textual Amendments

F23Words in s. 52E(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 8(2); S.I. 2011/2896, art. 2(i)

F25Words in s. 52E(2)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 8(3)(b); S.I. 2011/2896, art. 2(i)

F26Words in s. 52E(2)(d) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 8(3)(c); S.I. 2011/2896, art. 2(i)

F27Words in s. 52E(2)(e) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 8(3)(c); S.I. 2011/2896, art. 2(i)

F28Words in s. 52E(2)(f) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 8(3)(d); S.I. 2011/2896, art. 2(i)

F29Words in s. 52E(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 8(4); S.I. 2011/2896, art. 2(i)

52F Challenge of maximum amount.E+W

(1)This section applies if an authority designated under section 52D(2)(a) above informs the [F30Welsh Ministers] by notice in writing under section 52E(5)(a) above.

(2)After considering any information falling within subsection (3) below the [F31Welsh Ministers] shall either—

(a)proceed under subsection (4) below (in which case subsections (5) to (10) below shall also apply), or

(b)proceed under subsection (11) below.

(3)Information falling within this subsection is—

(a)information which is supplied by the authority and is of a kind and provided in a form specified by the [F32Welsh Ministers] for the purposes of this section;

(b)any other information [F33they think] is relevant.

(4)If [F34they proceed] under this subsection the [F35Welsh Ministers]

(a)shall make an order stating the amount which the amount calculated by the authority as its budget requirement for the year is not to exceed;

(b)may alter the target amount for the year.

(5)The following paragraphs apply for the purposes of subsection (4) above—

(a)the amount stated under subsection (4)(a) above may not exceed the amount already calculated by the authority as its budget requirement for the year unless in the [F36Welsh Ministers'] opinion the authority failed to comply with section 32 or 43 above (as the case may be) in making the calculation;

(b)subject to paragraph (a) above, the amount stated under subsection (4)(a) above may be the same as, or greater or smaller than, that stated in the notice under section 52E(2)(d) above;

(c)the [F37Welsh Ministers] may alter the target amount for the year under subsection (4)(b) above only if the amount stated under subsection (4)(a) above is greater or smaller than that stated in the notice under section 52E(2)(d) above.

F38(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)An order under this section—

(a)shall not be made unless a draft of it has been laid before and approved by resolution of the [F39National Assembly for Wales];

(b)may relate to two or more authorities.

(8)As soon as is reasonably practicable after an order under this section is made the [F40Welsh Ministers] shall serve on the authority (or each authority) a notice stating—

(a)the amount stated in the case of the authority concerned in the order;

(b)the altered target amount for the year (if [F41they alter] it in the case of the authority concerned).

(9)When [F42they serve] a notice under subsection (8) above on a precepting authority the [F43Welsh Ministers] shall also serve a copy of it on each billing authority to which the precepting authority has power to issue a precept.

(10)In applying subsection (5)(a) above the [F44Welsh Ministers] shall ignore any calculation for which another has been substituted at the time of designation.

(11)If the [F45Welsh Ministers proceed] under this subsection [F46they] shall—

(a)cancel the designation of the authority under section 52D(2)(a) above as regards the year and notify the authority in writing of the cancellation, and

(b)nominate the authority under section 52D(2)(b) above;

and in such a case the designation under section 52D(2)(a) above and the notification under section 52E above shall be treated as not having been made.

Textual Amendments

F30Words in s. 52F(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(2); S.I. 2011/2896, art. 2(i)

F31Words in s. 52F(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(3); S.I. 2011/2896, art. 2(i)

F32Words in s. 52F(3)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(4)(a); S.I. 2011/2896, art. 2(i)

F33Words in s. 52F(3)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(4)(b); S.I. 2011/2896, art. 2(i)

F34Words in s. 52F(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(5)(a); S.I. 2011/2896, art. 2(i)

F35Words in s. 52F(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(5)(b); S.I. 2011/2896, art. 2(i)

F36Words in s. 52F(5)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(6)(a); S.I. 2011/2896, art. 2(i)

F37Words in s. 52F(5)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(6)(b); S.I. 2011/2896, art. 2(i)

F39Words in s. 52F(7)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(8); S.I. 2011/2896, art. 2(i)

F40Words in s. 52F(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(9)(a); S.I. 2011/2896, art. 2(i)

F41Words in s. 52F(8)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(9)(b); S.I. 2011/2896, art. 2(i)

F42Words in s. 52F(9) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(10)(a); S.I. 2011/2896, art. 2(i)

F43Words in s. 52F(9) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(10)(b); S.I. 2011/2896, art. 2(i)

F44Words in s. 52F(10) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(11); S.I. 2011/2896, art. 2(i)

F45Words in s. 52F(11) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(12)(a); S.I. 2011/2896, art. 2(i)

F46Word in s. 52F(11) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 9(12)(b); S.I. 2011/2896, art. 2(i)

52G Acceptance of maximum amount.E+W

(1)This section applies if an authority designated under section 52D(2)(a) above informs the [F47Welsh Ministers] by notice in writing under section 52E(5)(b) above.

(2)As soon as is reasonably practicable after [F48they receive] the notice the [F49Welsh Ministers] shall serve on the authority a notice stating the amount which the amount calculated by it as its budget requirement for the year is not to exceed; and the amount stated shall be that stated in the notice under section 52E(2)(d) above.

(3)When [F50they serve] a notice under subsection (2) above on a precepting authority the [F51Welsh Ministers] shall also serve a copy of it on each billing authority to which the precepting authority has power to issue a precept.

Textual Amendments

F47Words in s. 52G(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 10(2); S.I. 2011/2896, art. 2(i)

F48Words in s. 52G(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 10(3)(a); S.I. 2011/2896, art. 2(i)

F49Words in s. 52G(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 10(3)(b); S.I. 2011/2896, art. 2(i)

F50Words in s. 52G(3) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 10(4)(a); S.I. 2011/2896, art. 2(i)

F51Words in s. 52G(3) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 10(4)(b); S.I. 2011/2896, art. 2(i)

52H No challenge or acceptance.E+W

(1)This section applies if the period mentioned in section 52E(5) above ends without an authority designated under section 52D(2)(a) above informing the [F52Welsh Ministers] by notice in writing under paragraph (a) or (b) of section 52E(5).

(2)As soon as is reasonably practicable after the period ends the [F53Welsh Ministers] shall make an order stating the amount which the amount calculated by the authority as its budget requirement for the year is not to exceed; and the amount stated shall be that stated in the notice under section 52E(2)(d) above.

(3)An order under this section—

(a)shall not be made unless a draft of it has been laid before and approved by resolution of the [F54National Assembly for Wales];

(b)may relate to two or more authorities.

(4)As soon as is reasonably practicable after an order under this section is made the [F55Welsh Ministers] shall serve on the authority (or each authority) a notice stating the amount stated in the case of the authority concerned in the order.

(5)When [F56they serve] a notice under subsection (4) above on a precepting authority the [F57Welsh Ministers] shall also serve a copy of it on each billing authority to which the precepting authority has power to issue a precept.

Textual Amendments

F52Words in s. 52H(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 11(2); S.I. 2011/2896, art. 2(i)

F53Words in s. 52H(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 11(3); S.I. 2011/2896, art. 2(i)

F54Words in s. 52H(3)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 11(4); S.I. 2011/2896, art. 2(i)

F55Words in s. 52H(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 11(5); S.I. 2011/2896, art. 2(i)

F56Words in s. 52H(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 11(6)(a); S.I. 2011/2896, art. 2(i)

F57Words in s. 52H(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 11(6)(b); S.I. 2011/2896, art. 2(i)

52I Duty of designated billing authority.E+W

(1)If a billing authority receives a notice under section 52F(8), 52G(2) or 52H(4) above it shall make substitute calculations in relation to the year in accordance with sections 32 to 36 above, ignoring section 32(10) above for this purpose.

(2)The substitute calculations shall be made so as to secure—

(a)that the amount calculated by the authority as its budget requirement for the year does not exceed that stated in the notice, and

(b)that any amount calculated under section 33(1) or 34(2) or (3) above as the basic amount of council tax applicable to any dwelling does not exceed that so calculated in the previous calculations.

(3)Subsection (2)(b) above does not apply in a case where the amount stated in the notice exceeds that already calculated by the authority as its budget requirement for the year.

(4)In making substitute calculations under section 33(1) or 34(3) above the authority must use any amount determined in the previous calculations for item P or T in section 33(1) or item TP in section 34(3).

(5)For the purposes of subsection (4) above the authority may treat any amount determined in the previous calculations for item P in section 33(1) above as increased by the amount of any sum which—

(a)it estimates will be payable for the year into its [F58council] fund in respect of additional grant, and

(b)was not taken into account by it in making those calculations.

(6)References in this section to the amount stated in the notice are, in the case of a notice under section 52F(8) above, to the amount stated under section 52F(8)(a).

Textual Amendments

F58Word in s. 52I(5)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 12; S.I. 2011/2896, art. 2(i)

Modifications etc. (not altering text)

52J Duty of designated precepting authority.E+W

(1)If a major precepting authority receives a notice under section 52F(8), 52G(2) or 52H(4) above it shall make substitute calculations in relation to the year in accordance with—

F59(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)sections 43 to 48 above F60....

(2)The substitute calculations shall be made so as to secure—

(a)that the amount calculated by the authority as its budget requirement for the year does not exceed that stated in the notice, and

(b)that any amount calculated under section 44(1) or 45(2) or (3) above as the basic amount of council tax applicable to any dwelling does not exceed that so calculated in the previous calculations.

F61(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subsection (2)(b) above does not apply in a case where the amount stated in the notice exceeds that already calculated by the authority as its budget requirement for the year.

(5)In making substitute calculations under section 44(1) or 45(3) above the authority must use any amount determined in the previous calculations for item P or T in section 44(1) above or item TP in section 45(3) above.

F62(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)For the purposes of subsection (5) above the authority may treat any amount determined in the previous calculations for item P in section 44(1) above as increased by the amount of any sum which—

(a)it estimates will be payable to it for the year in respect of additional grant, and

(b)was not taken into account by it in making those calculations.

F63(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)References in this section to the amount stated in the notice are, in the case of a notice under section 52F(8) above, to the amount stated under section 52F(8)(a).

52K Failure to substitute.E+W

(1)This section applies if an authority which has received a notice under section 52F(8), 52G(2) or 52H(4) above fails to comply with section 52I or 52J above (as the case may be) before the end of—

F64(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the period of 21 days beginning with the day on which the authority receives the notice F65....

[F66(2)In the case of a billing authority, the Welsh Ministers may direct the authority to comply with section 52I.

(2A)A direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.]

(3)In the case of a major precepting authority, any authority to which it has power to issue a precept shall have no power during the period of restriction to pay anything in respect of a precept issued by it for the year.

(4)For the purposes of this section the period of restriction is the period which—

(a)begins at the end of the period mentioned in subsection (1) above, and

(b)ends at the time (if any) when the authority complies with section F67... 52J above.

Textual Amendments

F66S. 52K(2)(2A) substituted for s. 52K(2) (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 14(3); S.I. 2011/2896, art. 2(i)

NominationE+W

52L Nomination.E+W

(1)This section applies if the [F68Welsh Ministers nominate] an authority under section 52D(2)(b) above.

(2)[F69They] shall notify the authority in writing of—

(a)the nomination;

(b)the set of principles determined for the authority under section 52B above;

(c)the category in which the authority falls (if [F70they determine] categories under section 52B above);

(d)the amount which [F71they] would have proposed as the target amount for the year under consideration if [F71they] had designated the authority as regards that year under section 52D(2)(a) above.

(3)A nomination under section 52D(2)(b) above —

(a)is invalid unless subsection (2) above is complied with;

(b)shall be treated as made at the beginning of the day on which the authority receives a notification under that subsection.

(4)After nominating all the authorities [F72they intend] to nominate the [F73Welsh Ministers]

(a)shall decide, in the case of each authority nominated, whether to proceed under section 52M or under section 52N below in relation to it;

(b)may decide to proceed under different sections in relation to different authorities.

Textual Amendments

F68Words in s. 52L(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 15(2); S.I. 2011/2896, art. 2(i)

F70Words in s. 52L(2)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 15(3)(b); S.I. 2011/2896, art. 2(i)

F71Word in s. 52L(2)(d) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 15(3)(c); S.I. 2011/2896, art. 2(i)

F72Words in s. 52L(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 15(4)(a); S.I. 2011/2896, art. 2(i)

F73Words in s. 52L(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 15(4)(b); S.I. 2011/2896, art. 2(i)

52M Designation after nomination.E+W

(1)This section applies if the [F74Welsh Ministers]

(a)[F75nominate] an authority under section 52D(2)(b) above, and

(b)[F76decide] to proceed under this section in relation to the authority.

(2)[F77They] shall—

(a)designate the authority as regards the financial year immediately following the year under consideration;

(b)determine an amount which [F78they propose] should be the maximum for the amount calculated by the authority as its budget requirement for the year as regards which the designation is made;

(c)determine the target amount for the year as regards which the designation is made, that is, the maximum amount which [F79they propose] the authority could calculate as its budget requirement for the year without the amount calculated being excessive.

(3)In making the determinations under subsection (2) above [F80they] shall take into account—

(a)the amount which [F81they] would have proposed as the target amount for the year under consideration if [F81they] had designated the authority as regards that year under section 52D(2)(a) above, and

(b)any information [F82they think] is relevant.

(4)[F83They] shall notify the authority in writing of—

(a)the designation;

(b)the amount determined under subsection (2)(b) above;

(c)the target amount determined under subsection (2)(c) above;

(d)any information taken into account under subsection (3)(b) above;

(e)the financial year as regards which [F84they expect] the amount calculated by the authority as its budget requirement for that year to be equal to or less than the target amount for that year (assuming one to be determined for that year);

(f)the period within which the authority may inform the [F85Welsh Ministers] that it challenges or accepts the amount stated under paragraph (b) above.

(5)A designation under this section—

(a)is invalid unless subsection (4) above is complied with;

(b)shall be treated as made at the beginning of the day on which the authority receives a notification under that subsection.

(6)If an authority has been designated under this section as regards a financial year the [F86Welsh Ministers] may not designate it under section 52D(2)(a) above as regards that year.

(7)If—

(a)an authority has been designated under this section as regards a financial year, and

(b)after the designation is made the authority makes calculations or substitute calculations in relation to the year,

the calculations (or substitute calculations) shall be invalid unless they are made in accordance with section 52T or 52U below (as the case may be).

(8)Before the end of the period notified under subsection (4)(f) above an authority may inform the [F87Welsh Ministers] by notice in writing that—

(a)for reasons stated in the notice, it believes the maximum amount stated under subsection (4)(b) above should be such as the authority states in its notice, or

(b)it accepts the maximum amount stated under subsection (4)(b) above.

(9)The period notified under subsection (4)(f) above must be a period of at least 21 days beginning with the day the authority receives the notification under subsection (4) above.

Textual Amendments

F74Words in s. 52M(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(2)(a); S.I. 2011/2896, art. 2(i)

F75Word in s. 52M(1)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(2)(b); S.I. 2011/2896, art. 2(i)

F76Word in s. 52M(1)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(2)(c); S.I. 2011/2896, art. 2(i)

F78Words in s. 52M(2)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(3)(b); S.I. 2011/2896, art. 2(i)

F79Words in s. 52M(2)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(3)(c); S.I. 2011/2896, art. 2(i)

F81Word in s. 52M(3)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(4)(b); S.I. 2011/2896, art. 2(i)

F82Words in s. 52M(3)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(4)(c); S.I. 2011/2896, art. 2(i)

F84Words in s. 52M(4)(e) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(5)(b); S.I. 2011/2896, art. 2(i)

F85Words in s. 52M(4)(f) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(5)(c); S.I. 2011/2896, art. 2(i)

F86Words in s. 52M(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(6); S.I. 2011/2896, art. 2(i)

F87Words in s. 52M(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(7); S.I. 2011/2896, art. 2(i)

52N No designation after nomination.E+W

(1)This section applies if the [F88Welsh Ministers]

(a)[F89nominate] an authority under section 52D(2)(b) above, and

(b)[F90decide] to proceed under this section in relation to the authority.

(2)[F91They] shall determine an amount which [F92they propose] should be the notional amount calculated by the authority as its budget requirement for the year under consideration.

(3)In making the determination [F93they] shall take into account—

(a)the amount which [F94they] would have proposed as the maximum for the amount calculated by the authority as its budget requirement for the year under consideration if [F94they] had designated it as regards that year under section 52D(2)(a) above, and

(b)any information [F95they think] is relevant.

(4)[F96They] shall notify the authority in writing of—

(a)the amount determined under subsection (2) above;

(b)the amount mentioned in subsection (3)(a) above;

(c)any information taken into account under subsection (3)(b) above.

(5)Before the end of the period of 21 days beginning with the day it receives a notification under subsection (4) above an authority may inform the [F97Welsh Ministers] by notice in writing that, for reasons stated in the notice, it believes the notional amount stated under subsection (4)(a) above should be such as the authority states in its notice.

(6)After the end of the period mentioned in subsection (5) above the [F98Welsh Ministers]

(a)shall, if [F99they receive] a notice under subsection (5) above, reconsider [F100their] determination under subsection (2) above (taking the notice into account);

(b)shall notify the authority in writing of the amount which is to be the notional amount calculated by the authority as its budget requirement for the year under consideration.

(7)A notification under subsection (6) above shall be treated as made at the beginning of the day on which the authority receives it.

(8)In applying this Chapter at any time after a notification is made under subsection (6) above of the amount which is to be the notional amount calculated by the authority as its budget requirement for a financial year, the amount calculated by the authority as its budget requirement for that year shall be taken to be the notional amount notified.

Textual Amendments

F88Words in s. 52N(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 17(2)(a); S.I. 2011/2896, art. 2(i)

F89Word in s. 52N(1)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 17(2)(b); S.I. 2011/2896, art. 2(i)

F90Word in s. 52N(1)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 17(2)(c); S.I. 2011/2896, art. 2(i)

F92Words in s. 52N(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 17(3)(b); S.I. 2011/2896, art. 2(i)

F94Word in s. 52N(3)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 17(4)(b); S.I. 2011/2896, art. 2(i)

F95Words in s. 52N(3)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 17(4)(c); S.I. 2011/2896, art. 2(i)

F96Word in s. 52N(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 17(5); S.I. 2011/2896, art. 2(i)

F97Words in s. 52N(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 17(6); S.I. 2011/2896, art. 2(i)

F98Words in s. 52N(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 17(7)(a); S.I. 2011/2896, art. 2(i)

F99Words in s. 52N(6)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 17(7)(b)(i); S.I. 2011/2896, art. 2(i)

Designation after previous designationE+W

52P Designation after previous designation.E+W

(1)This section applies if—

(a)the [F101Welsh Ministers designate] an authority as regards a year under section 52D(2)(a) above or section 52M above or this section, and

(b)the amount calculated by the authority as its budget requirement for the year exceeds the target amount for the year.

(2)[F102They] may designate the authority as regards the financial year immediately following the year mentioned in subsection (1) above, and if [F103they do] so [F104they] shall—

(a)determine an amount which [F105they propose] should be the maximum for the amount calculated by the authority as its budget requirement for the year as regards which the designation is made;

(b)determine the target amount for the year as regards which the designation is made, that is, the maximum amount which [F106they propose] the authority could calculate as its budget requirement for the year without the amount calculated being excessive.

(3)In making the determinations under subsection (2) above [F107they] shall take into account—

(a)the amount calculated by the authority as its budget requirement for the year mentioned in subsection (1) above,

(b)the target amount for that year, and

(c)any information [F108they think] is relevant.

(4)[F109They] shall notify the authority in writing of—

(a)the designation;

(b)the amount determined under subsection (2)(a) above;

(c)the target amount determined under subsection (2)(b) above;

(d)any information taken into account under subsection (3)(c) above;

(e)the financial year as regards which [F110they expect] the amount calculated by the authority as its budget requirement for that year to be equal to or less than the target amount for that year (assuming one to be determined for that year);

(f)the period within which the authority may inform the [F111Welsh Ministers] that it challenges or accepts the amount stated under paragraph (b) above.

(5)A designation under this section—

(a)is invalid unless subsection (4) above is complied with;

(b)shall be treated as made at the beginning of the day on which the authority receives a notification under that subsection.

(6)If an authority has been designated under this section as regards a financial year the [F112Welsh Ministers] may not designate it under section 52D(2)(a) above as regards that year.

(7)If—

(a)an authority has been designated under this section as regards a financial year, and

(b)after the designation is made the authority makes calculations or substitute calculations in relation to the year,

the calculations (or substitute calculations) shall be invalid unless they are made in accordance with section 52T or 52U below (as the case may be).

(8)Before the end of the period notified under subsection (4)(f) above an authority may inform the [F113Welsh Ministers] by notice in writing that—

(a)for reasons stated in the notice, it believes the maximum amount stated under subsection (4)(b) above should be such as the authority states in its notice, or

(b)it accepts the maximum amount stated under subsection (4)(b) above.

(9)The period notified under subsection (4)(f) above must be a period of at least 21 days beginning with the day the authority receives the notification under subsection (4) above.

(10)In applying subsections (1)(b) and (3)(a) above the [F114Welsh Ministers] shall ignore any calculation for which another has been substituted at the time designation is proposed.

(11)References in this section to the target amount for the year mentioned in subsection (1) above are to the amount stated (or last stated) as the target amount for the year under section 52E or 52F, or under section 52M or 52Q, or under this section or section 52Q, as the case may be.

Textual Amendments

F101Words in s. 52P(1)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 18(2); S.I. 2011/2896, art. 2(i)

F105Words in s. 52P(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 18(3)(b); S.I. 2011/2896, art. 2(i)

F106Words in s. 52P(2)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 18(3)(c); S.I. 2011/2896, art. 2(i)

F108Words in s. 52P(3)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 18(4)(b); S.I. 2011/2896, art. 2(i)

F110Words in s. 52P(4)(e) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 18(5)(b); S.I. 2011/2896, art. 2(i)

F111Words in s. 52P(4)(f) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 18(5)(c); S.I. 2011/2896, art. 2(i)

F112Words in s. 52P(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 18(6); S.I. 2011/2896, art. 2(i)

F113Words in s. 52P(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 18(7); S.I. 2011/2896, art. 2(i)

F114Words in s. 52P(10) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 18(8); S.I. 2011/2896, art. 2(i)

Position after designation under section 52M or 52PE+W

52Q Challenge of maximum amount.E+W

(1)This section applies if—

(a)an authority designated under section 52M above informs the [F115Welsh Ministers] by notice in writing under subsection (8)(a) of that section, or

(b)an authority designated under section 52P above informs the [F116Welsh Ministers] by notice in writing under subsection (8)(a) of that section.

(2)After considering any information falling within subsection (3) below the [F117Welsh Ministers]

(a)shall make an order stating the amount which the amount calculated by the authority as its budget requirement for the year is not to exceed;

(b)may alter the target amount for the year.

(3)Information falling within this subsection is—

(a)information which is supplied by the authority and is of a kind and provided in a form specified by the [F118Welsh Ministers] for the purposes of this section;

(b)any other information [F119they think] is relevant.

(4)The following paragraphs apply for the purposes of subsection (2) above—

(a)if the authority has already calculated an amount as its budget requirement for the year, the amount stated under subsection (2)(a) above may not exceed the amount already calculated unless in the [F120Welsh Ministers'] opinion the authority failed to comply with section 32 or 43 above (as the case may be) in making the calculation;

(b)subject to paragraph (a) above, the amount stated under subsection (2)(a) above may be the same as, or greater or smaller than, that stated in the notice under section 52M(4)(b) or 52P(4)(b) above (as the case may be);

(c)the [F121Welsh Ministers] may alter the target amount for the year under subsection (2)(b) above only if the amount stated under subsection (2)(a) above is greater or smaller than that stated in the notice under section 52M(4)(b) or 52P(4)(b) above (as the case may be).

F122(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)An order under this section—

(a)shall not be made unless a draft of it has been laid before and approved by resolution of the [F123National Assembly for Wales];

(b)may relate to two or more authorities.

(7)As soon as is reasonably practicable after an order under this section is made the [F124Welsh Ministers] shall serve on the authority (or each authority) a notice stating—

(a)the amount stated in the case of the authority concerned in the order;

(b)the altered target amount for the year (if [F125they alter] it in the case of the authority concerned).

(8)When [F126they serve] a notice under subsection (7) above on a precepting authority the [F127Welsh Ministers] shall also serve a copy of it on each billing authority to which the precepting authority has power to issue a precept.

(9)In applying subsection (4)(a) above the [F128Welsh Ministers] shall ignore any calculation for which another has been substituted at the time of designation.

Textual Amendments

F115Words in s. 52Q(1)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(2); S.I. 2011/2896, art. 2(i)

F116Words in s. 52Q(1)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(2); S.I. 2011/2896, art. 2(i)

F117Words in s. 52Q(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(3); S.I. 2011/2896, art. 2(i)

F118Words in s. 52Q(3)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(4)(a); S.I. 2011/2896, art. 2(i)

F119Words in s. 52Q(3)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(4)(b); S.I. 2011/2896, art. 2(i)

F120Words in s. 52Q(4)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(5)(a); S.I. 2011/2896, art. 2(i)

F121Words in s. 52Q(4)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(5)(b); S.I. 2011/2896, art. 2(i)

F123Words in s. 52Q(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(7); S.I. 2011/2896, art. 2(i)

F125Words in s. 52Q(7)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(8)(b); S.I. 2011/2896, art. 2(i)

F128Words in s. 52Q(9) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 19(10); S.I. 2011/2896, art. 2(i)

52R Acceptance of maximum amount.E+W

(1)This section applies if—

(a)an authority designated under section 52M above informs the [F129Welsh Ministers] by notice in writing under subsection (8)(b) of that section, or

(b)an authority designated under section 52P above informs the [F130Welsh Ministers] by notice in writing under subsection (8)(b) of that section.

(2)As soon as is reasonably practicable after [F131they receive] the notice the [F132Welsh Ministers] shall serve on the authority a notice stating the amount which the amount calculated by it as its budget requirement for the year is not to exceed; and the amount stated shall be that stated in the notice under section 52M(4)(b) or 52P(4)(b) above (as the case may be).

(3)When [F133they serve] a notice under subsection (2) above on a precepting authority the [F134Welsh Ministers] shall also serve a copy of it on each billing authority to which the precepting authority has power to issue a precept.

Textual Amendments

F129Words in s. 52R(1)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 20(2); S.I. 2011/2896, art. 2(i)

F130Words in s. 52R(1)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 20(2); S.I. 2011/2896, art. 2(i)

52S No challenge or acceptance.E+W

(1)This section applies if—

(a)the period mentioned in section 52M(8) above ends without an authority designated under section 52M above informing the [F135Welsh Ministers] by notice in writing under paragraph (a) or (b) of section 52M(8), or

(b)the period mentioned in section 52P(8) above ends without an authority designated under section 52P above informing the [F136Welsh Ministers] by notice in writing under paragraph (a) or (b) of section 52P(8).

(2)As soon as is reasonably practicable after the period ends the [F137Welsh Ministers] shall make an order stating the amount which the amount calculated by the authority as its budget requirement for the year is not to exceed; and the amount stated shall be that stated in the notice under section 52M(4)(b) or 52P(4)(b) above (as the case may be).

(3)An order under this section—

(a)shall not be made unless a draft of it has been laid before and approved by resolution of the [F138National Assembly for Wales] ;

(b)may relate to two or more authorities.

(4)As soon as is reasonably practicable after an order under this section is made the [F139Welsh Ministers] shall serve on the authority (or each authority) a notice stating the amount stated in the case of the authority concerned in the order.

(5)When [F140they serve] a notice under subsection (4) above on a precepting authority the [F141Welsh Ministers] shall also serve a copy of it on each billing authority to which the precepting authority has power to issue a precept.

Textual Amendments

F135Words in s. 52S(1)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 21(2); S.I. 2011/2896, art. 2(i)

F136Words in s. 52S(1)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 21(2); S.I. 2011/2896, art. 2(i)

F137Words in s. 52S(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 21(3); S.I. 2011/2896, art. 2(i)

F138Words in s. 52S(3) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 21(4); S.I. 2011/2896, art. 2(i)

F139Words in s. 52S(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 21(5); S.I. 2011/2896, art. 2(i)

52T Duty of designated billing authority.E+W

(1)This section applies if a billing authority receives a notice under section 52Q(7), 52R(2) or 52S(4) above.

(2)If it has not made calculations in relation to the year in accordance with sections 32 to 36 above, in making such calculations it shall secure that the amount calculated by it as its budget requirement for the year does not exceed that stated in the notice.

(3)If it—

(a)has made calculations in relation to the year in accordance with sections 32 to 36 above, or

(b)has made substitute calculations in relation to the year in accordance with section 37 above,

it shall make substitute calculations in relation to the year in accordance with sections 32 to 36 above, ignoring section 32(10) above for this purpose.

(4)The substitute calculations shall be made so as to secure—

(a)that the amount calculated by the authority as its budget requirement for the year does not exceed that stated in the notice, and

(b)that any amount calculated under section 33(1) or 34(2) or (3) above as the basic amount of council tax applicable to any dwelling does not exceed that so calculated in the previous calculations.

(5)Subsection (4)(b) above does not apply in a case where the amount stated in the notice exceeds that already calculated by the authority as its budget requirement for the year.

(6)In making substitute calculations under section 33(1) or 34(3) above the authority must use any amount determined in the previous calculations for item P or T in section 33(1) or item TP in section 34(3).

(7)For the purposes of subsection (6) above the authority may treat any amount determined in the previous calculations for item P in section 33(1) above as increased by the amount of any sum which—

(a)it estimates will be payable for the year into its [F142council] fund in respect of additional grant, and

(b)was not taken into account by it in making those calculations.

(8)References in this section to the amount stated in the notice are, in the case of a notice under section 52Q(7) above, to the amount stated under section 52Q(7)(a).

Textual Amendments

F142Word in s. 52T(7)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 22; S.I. 2011/2896, art. 2(i)

Modifications etc. (not altering text)

52U Duty of designated precepting authority.E+W

(1)This section applies if a major precepting authority receives a notice under section 52Q(7), 52R(2) or 52S(4) above.

(2)If it has not made calculations in relation to the year in accordance with—

F143(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)sections 43 to 48 above F144...,

in making such calculations it shall secure that the amount calculated by it as its budget requirement for the year does not exceed that stated in the notice.

F145(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where the authority F146... has made—

(a)calculations in accordance with sections 43 to 48 above, or

(b)substitute calculations in accordance with section 49 above,

in relation to the year, it shall make substitute calculations in relation to the year in accordance with sections 43 to 48.

(5)The substitute calculations required by subsection F147... (4) shall be made so as to secure—

(a)that the amount calculated by the authority as its budget requirement for the year does not exceed that stated in the notice, and

(b)that any amount calculated under section 44(1) or 45(2) or (3) above as the basic amount of council tax applicable to any dwelling does not exceed that so calculated in the previous calculations.

F148(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Subsection (5)(b) above does not apply in a case where the amount stated in the notice exceeds that already calculated by the authority as its budget requirement for the year.

(8)In making substitute calculations under section 44(1) or 45(3) above the authority must use any amount determined in the previous calculations for item P or T in section 44(1) above or item TP in section 45(3) above.

F149(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)For the purposes of subsection (8) above the authority may treat any amount determined in the previous calculations for item P in section 44(1) above as increased by the amount of any sum which—

(a)it estimates will be payable to it for the year in respect of additional grant, and

(b)was not taken into account by it in making those calculations.

F150(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)References in this section to the amount stated in the notice are, in the case of a notice under section 52Q(7) above, to the amount stated under section 52Q(7)(a).

52V Failure to make or substitute calculations.E+W

(1)This section applies if an authority which has received a notice under section 52Q(7), 52R(2) or 52S(4) above fails before the relevant date to make calculations or substitute calculations which comply with section 52T or 52U above (as the case may be).

(2)The relevant date is the following date falling in the financial year immediately preceding that as regards which the authority is designated—

(a)11th March, in the case of a billing authority;

(b)1st March, in the case of a major precepting authority.

[F151(3)In the case of a billing authority, the Welsh Ministers may direct the authority to comply with section 52T.

(3A)A direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.]

(4)In the case of a major precepting authority, any authority to which it has power to issue a precept shall have no power during the period of restriction to pay anything in respect of a precept issued by it for the financial year as regards which the designation concerned was made.

(5)For the purposes of this section the period of restriction is the period which—

(a)begins with the relevant date, and

(b)ends at the time (if any) when the authority makes calculations or substitute calculations which comply with section F152... 52U above.

Textual Amendments

F151S. 52V(3)(3A) substituted for s. 52V(3) (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 24(2); S.I. 2011/2896, art. 2(i)

SupplementalE+W

52W Meaning of budget requirement.E+W

(1)Any reference in this Chapter to the amount calculated (or already calculated) by a major precepting authority F153... as its budget requirement for a financial year is a reference to the amount calculated by it in relation to the year under section 43(4) above.

F154(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any reference in this Chapter to the amount calculated (or already calculated) by a billing authority as its budget requirement for a financial year is a reference to the amount calculated by it in relation to the year under section 32(4) above; but this is subject to section 52X below.

52X Calculations to be net of precepts.E+W

(1)The amount referred to in section 52W(3) above shall be taken to be the amount calculated as there mentioned less the aggregate amount for the year of any precepts which were (or could be) taken into account by the authority in making the calculation under section 32(2) above and which were (or could be)—

(a)issued to it by local precepting authorities, or

(b)anticipated by it in pursuance of regulations under section 41 above.

(2)Subsection (3) below applies where this Chapter refers to any of the following—

(a)the amount which the [F155Welsh Ministers propose] should be the maximum for the amount calculated by a billing authority as its budget requirement for a financial year;

(b)the maximum amount which [F156they propose] a billing authority could calculate as its budget requirement for a financial year without the amount calculated being excessive;

(c)the amount which the amount calculated by a billing authority as its budget requirement for a financial year is not to exceed;

(d)an amount which [F157they propose] should be, or an amount which is to be, the notional amount calculated by a billing authority as its budget requirement for a financial year;

(e)the financial year as regards which [F158they expect] the amount calculated by a billing authority as its budget requirement for that year to be equal to or less than the target amount for that year.

(3)In such a case—

(a)a reference to the amount calculated is to the amount calculated without taking account of any precept which could be issued to the authority by a local precepting authority;

(b)a reference to the amount which an authority could calculate is to the amount which it could calculate without taking account of any such precept;

(c)a reference to the target amount is to the target amount calculated without taking account of any such precept.

(4)Subsection (1) above shall have effect subject to subsections (2) and (3) above.

(5)Subsection (1) above shall not apply for the purpose of construing section 52Y(1) below.

(6)The [F159Welsh Ministers] may by order provide that any of the provisions of subsections (1) to (3) above shall not apply for such purposes as are specified in the order.

(7)A statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of the [F160National Assembly for Wales] .

Textual Amendments

F155Words in s. 52X(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 26(2)(a); S.I. 2011/2896, art. 2(i)

F156Words in s. 52X(2)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 26(2)(b); S.I. 2011/2896, art. 2(i)

F157Words in s. 52X(2)(d) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 26(2)(c); S.I. 2011/2896, art. 2(i)

F158Words in s. 52X(2)(e) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 26(2)(d); S.I. 2011/2896, art. 2(i)

F159Words in s. 52X(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 26(3); S.I. 2011/2896, art. 2(i)

F160Words in s. 52X(7) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 26(4); S.I. 2011/2896, art. 2(i)

Modifications etc. (not altering text)

C7S. 52X(1) modified (7.12.2011 for specified purposes, 3.5.2012 in so far as not already in force) by The Swansea (Communities) Order 2011 (S.I. 2011/2932), art. 1(2)(3), 22(3)(c)

C8S. 52X(1) applied (with modifications) (W.) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Monmouthshire (Communities) Order 2021 (S.I. 2021/1227), art. 251(4)

52Y Information for purposes of Chapter IVA.E+W

(1)An authority shall notify the [F161Welsh Ministers] in writing of any amount calculated by it as its budget requirement for a financial year, whether originally or by way of substitute.

(2)A billing authority shall also notify the [F162Welsh Ministers] in writing of the aggregate amount for any financial year of any precepts which were taken into account by it in making a calculation in relation to the year under section 32(2) above and which were—

(a)issued to it by local precepting authorities, or

(b)anticipated by it in pursuance of regulations under section 41 above.

(3)A notification under subsection (1) or (2) above must be given before the end of the period of seven days beginning with the day on which the calculation was made.

(4)The [F163Welsh Ministers] may serve on an authority a notice requiring it to supply to [F164them] such other information as is specified in the notice and required by [F164them] for the purpose of deciding whether to exercise [F165their] powers, and how to perform [F165their] functions, under this Chapter.

(5)The authority shall supply the information required if it is in its possession or control, and shall do so in such form and manner and at such time as the [F166Welsh Ministers specify] in the notice.

(6)An authority may be required under subsection (4) above to supply information at the same time as it gives a notification under subsection (1) or (2) above or at some other time.

(7)If an authority fails to comply with subsection (1) or (2) above, or with subsection (5) above, the [F167Welsh Ministers] may decide whether to exercise [F168their] powers, and how to perform [F168their] functions, under this Chapter on the basis of such assumptions and estimates as [F169they think] fit.

(8)In deciding whether to exercise [F170their] powers, and how to perform [F170their] functions, under this Chapter the [F171Welsh Ministers] may also take into account any other information available to [F172them] , whatever its source and whether or not obtained under a provision contained in or made under this or any other Act.]

Textual Amendments

F161Words in s. 52Y(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 27(2); S.I. 2011/2896, art. 2(i)

F162Words in s. 52Y(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 27(3); S.I. 2011/2896, art. 2(i)

F166Words in s. 52Y(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 27(5); S.I. 2011/2896, art. 2(i)

Modifications etc. (not altering text)

C13S. 52Y(2) modified (7.12.2011 for specified purposes, 3.5.2012 in so far as not already in force) by The Swansea (Communities) Order 2011 (S.I. 2011/2932), art. 1(2)(3), 22(3)(c)

F17352Z Separate administration in England and Wales.E+W

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