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The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019

Status:

This is the original version (as it was originally made).

Amendment of Schedule 4

This section has no associated Explanatory Memorandum

9.—(1) In Schedule 4 (rules for estimation and apportionment of surplus and deficit), paragraph 2 is amended as follows.

(2) In sub-paragraph (1), for “(1G) or (1H)” substitute “(1FA), (1G), (1GA), (1H), (1I) or (1J)”.

(3) In sub-paragraph (1F), for the formula substitute—

.

(4) After sub-paragraph (1F) insert—

(1FA) For the relevant year beginning on 1st April 2020, the Secretary of State’s share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Parts 7, 15, 16, 19 and 20 of Schedule 5 is calculated in accordance with the formula—

.

(5) In sub-paragraph (1G), for “Parts 7 to 22” substitute “Parts 8 to 14, 17, 18, 21 and 22”.

(6) After sub-paragraph (1G), insert—

(1GA) For the relevant year beginning on 1st April 2020, the Secretary of State’s share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Parts 23 to 39 of Schedule 5 is calculated in accordance with the formula—

..

(7) For sub-paragraph (1H) substitute—

(1H) For the relevant year beginning on 1st April 2021, the Secretary of State’s share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Part 1 of Schedule 5 is calculated in accordance with the formula—

.

(1I) For the relevant year beginning on 1st April 2021, the Secretary of State’s share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Parts 7, 15, 16, 19, 20, or 23 to 39 of Schedule 5 is calculated in accordance with the formula—

.

(1J) For a relevant year beginning on or after 1st April 2022, the Secretary of State’s share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Part 1 of Schedule 5 is 33%..

(8) In sub-paragraph (2), for “or (2C)” substitute “, (2C) or (2E)”.

(9) In sub-paragraph (2A)(d), for the formula substitute—

;.

(10) After sub-paragraph (2A)(d), insert—

(e)for the relevant year beginning on 1st April 2021, is calculated in accordance with the formula—

.

(11) After sub-paragraph (2D), insert—

(2E) For a relevant authority listed in the table below, the share of any surplus or of any deficit for the relevant years beginning on 1st April 2020 and 1st April 2021 is calculated in accordance with the formula—

where the values of α and β are set out in that table—

Table

AuthorityRelevant year beginning 1st April 2020Relevant year beginning 1st April 2021
Value of αValue of βValue of αValue of β
East Sussex Combined Fire and Rescue Authority, where the billing authority is listed in Part 24 of Schedule 55%1%1%5%
Lancashire Combined Fire and Rescue Authority, where the billing authority is listed in Part 27 of Schedule 51.5%1%1%1.5%
Buckingham-shire County Council31.5%9%9%31.5%
East Sussex County Council26%9%9%26%
Hertfordshire County Council40%10%10%40%
Lancashire County Council where the billing authority is listed in Part 27 of Schedule 517.5%9%9%17.5%
Leicestershire County Council36.5%9%9%36.5%
Norfolk County Council32.5%10%10%32.5%
Northampton-shire County Council34%9%9%34%
North Yorkshire County Council21.5%9%9%21.5%
Somerset County Council30%9%9%30%
Staffordshire County Council34%9%9%34%
West Sussex County Council55%10%10%55%
Worcestershire County Council74%9%9%74%..

(12) After sub-paragraph (7A), insert—

(7B) For a billing authority listed in Parts 23 to 39 of Schedule 5, its share of any surplus or of any deficit for the relevant year beginning on 1st April 2020 is calculated in accordance with the formula—

.

(7C) For a billing authority listed in Parts 1, 7, 15, 16, 19, 20 or 23 to 39 of Schedule 5, its share of any surplus or of any deficit for the relevant year beginning on 1st April 2021 is calculated in accordance with the formula—

Where α and β are as determined in accordance with the table below—

Table

Part of Schedule 5 in which billing authority is listedValue of αValue of β
130%48%
7, 16, 19, 26, 28, 33 or 3649%74%
15 or 3240%52.5%
20 or 3450%75%
23 or 3040%42.5%
24 or 3540%44%
2540%35%
2740%56%
2940%37.5%
3840%20%
3940%0%..

(13) In sub-paragraph (8)—

(a)in the definition of L—

(i)in paragraph (a), for “30%” substitute “48%”;

(ii)after paragraph (a), insert—

(aa)74% for a billing authority listed in Parts 7, 16, 19, 26, 28, 33 or 36 of Schedule 5;;

(iii)in paragraph (b), for “7, 9, 11, 14, 16, 18 and 19” substitute “9, 11, 14 and 18”;

(iv)in paragraph (c), omit “15,”;

(v)after paragraph (c), insert—

(ca)52.5% for a billing authority listed in Parts 15 or 32 of Schedule 5;;

(vi)for paragraph (d), substitute—

(d)75% for a billing authority listed in Parts 20 or 34 of Schedule 5;;

(vii)after paragraph (d), insert—

(e)42.5% for a billing authority listed in Parts 23 or 30 of Schedule 5;

(f)44% for a billing authority listed in Parts 24 or 35 of Schedule 5;

(f)35% for a billing authority listed in Part 25 of Schedule 5;

(g)56% for a billing authority listed in Part 27 of Schedule 5;

(h)37.5% for a billing authority listed in Part 29 of Schedule 5;

(i)20% for a billing authority listed in Part 38 of Schedule 5;;

(b)at the end of the definition of M insert—

(i)40% for a billing authority listed in Parts 23 to 25, 27, 29, 30, 32, 35, 38 or 39 of Schedule 5;

(j)49% for a billing authority listed in Parts 26, 28, 33 or 36 of Schedule 5;

(k)50% for a billing authority listed in Part 34 of Schedule 5..

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