C15C16C17C21C20 Part I Council Tax: England and Wales

Annotations:
Modifications etc. (not altering text)
C15

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

C16

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

C17

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

C14C29C30C31 Chapter IV Precepts

Annotations:
Modifications etc. (not altering text)
C14

Pt. I Chs. III-IV (ss. 30-52) modified (E.) (1.2.1993) by S.I. 1993/22, art. 4(2)

Pt. I Ch. IV amended (28.11.1994) by S.I. 1994/2825, reg. 49

Pt. I Ch. IV (ss. 39-52) excluded (1.8.1996) by S.I. 1996/1748, reg. 6(2)

Pt. I Ch. IV (ss. 39-52) restricted (12.7.1995) by S.I. 1995/1771, art. 4(3)(b)(i)

Pt. I Ch. IV (ss. 39-52) restricted (12.7.1995) by S.I. 1995/1772, art. 4(3)(b)(i)

Pt. I Ch. IV (ss. 39-52) restricted (12.7.1995) by S.I. 1995/1773, art. 4(3)(b)(i)

Pt. I Ch. IV (ss. 39-52) restricted (12.7.1995) by S.I. 1995/1774, art. 4(3)(b)(i)

C29

Pt. 1 Chs. 4, 4ZA: power to modify conferred by 2009 c. 20, s. 107G(3) (as inserted (E.W.) (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 5(3), 25(2))

C30

Pt. 1 Chs. 4, 4ZA applied (with modifications) (27.4.2017) by The Combined Authorities (Finance) Order 2017 (S.I. 2017/611), arts. 1, 4(1)(2)(a), Sch.

C31

Pt. 1 Ch. 4: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 41(3), 255(2)(c) (with s. 247)

Calculations by major precepting authorities

C1C2C3C4C5C6C7C8C18C19C22C23C24C25C26C27C2843 Calculation of budget requirement F12by authorities in Wales.

1

In relation to each financial year a major precepting authority F10 in Wales shall make the calculations required by this section.

C92

The authority must calculate the aggregate of—

C10a

the expenditure the authority estimates it will incur in the year in performing its functions and will charge to a revenue account for the year F11...;

F14aa

the expenditure that the authority estimates it will incur in the year in making repayments of—

i

grant paid to it by the Secretary of State or the Welsh Ministers, or

ii

amounts paid to it by the Welsh Ministers in respect of redistributed non-domestic rates;

b

such allowance as the authority estimates will be appropriate for contingencies in relation to expenditure to be charged to a revenue account for the year;

c

the financial reserves which the authority estimates it will be appropriate to raise in the year for meeting its estimated future expenditure; and

d

such financial reserves as are sufficient to meet so much of the amount estimated by the authority to be a revenue account deficit for any earlier financial year as has not already been provided for.

3

The authority must calculate the aggregate of—

a

the sums which it estimates will be payable to it for the year and in respect of which amounts will be credited to a revenue account for the year, other than sums which it estimates will be so payable

F16aa

the sums that it estimates will be payable to it for an earlier financial year in respect of—

i

redistributed non-domestic rates,

ii

revenue support grant,

iii

additional grant,

iv

floor funding, or

v

police grant;

C11F1i

in respect of redistributed non-domestic rates, revenue support grant, additional grant, F15special grant, floor funding or police grant; F5or

ii

in respect of any precept issued by it; F13...

F6C12iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the amount of the financial reserves which the authority estimates that it will use in order to provide for the items mentioned in paragraphs (a) and (b) of subsection (2) above.

4

If the aggregate calculated under subsection (2) above exceeds that calculated under subsection (3) above, the authority must calculate the amount equal to the difference; and the amount so calculated shall be its budget requirement for the year.

F75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

For the purposes of subsection (2)(c) above an authority’s estimated future expenditure is—

a

that which the authority estimates it will incur in the financial year following the year in question, will charge to a revenue account for the year and will have to defray in the year before the following sums are sufficiently available, namely, sums—

i

which will be payable to it for the year; and

ii

in respect of which amounts will be credited to a revenue account for the year; and

b

that which the authority estimates it will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year.

C13F46A

In this section and section 44 below “police grant”, in relation to a major precepting authority and a financial year, means the total amount of grant payable to the authority in accordance with the police grant report for that year.

6B

In subsection (6A) above “police grant report” means a police grant report approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996.

F176C

In this section and section 44—

a

references to sums payable for a financial year in respect of floor funding are to sums that are payable by the Secretary of State in the year to a major precepting authority in addition to the police grant referred to in subsection (6A), and

b

references to sums payable for a financial year in respect of—

i

redistributed non-domestic rates,

ii

revenue support grant,

iii

additional grant, or

iv

special grant,

are to be construed in accordance with section 32(12).

7

The F8Welsh Ministers may by regulations do one or both of the following—

a

alter the constituents of any calculation to be made under subsection (2) or (3) above (whether by adding, deleting or amending items);

b

alter the rules governing the making of any calculation under subsection (2) or (3) above (whether by deleting or amending F9subsection (6), or by adding other provisions, or by a combination of those methods).

F187A

A statutory instrument containing regulations under subsection (7) is subject to annulment in pursuance of a resolution of Senedd Cymru.

8

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .