PART 2Rates retention

Amendment of Schedule 49

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—

(A−(B+C−D))×25%math.

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—

(A−(B+C−D−E))×25%math

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—

((A−(B+C−D−E))×25%)+((B+C−D−E)×50%)math.

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—

((A−(B+C−D−E))×33%)+((B+C−D−E)×25%)math.

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—

((A−(B+C−D−E))×50%)+((B+C−D−E)×25%)math.

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—

((A−(B+C−D−E))×27%)+((B+C−D−E)×36%)math;

10

After sub-paragraph (2A)(d), insert—

e

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

((A−(B+C−D−E))×37%)+((B+C−D−E)×27%)math.

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—

((A−(B+C−D−E))×α%)+((B+C−D−E)×β%)math

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

Table

Authority

Relevant year beginning 1st April 2020

Relevant year beginning 1st April 2021

Value of α

Value of β

Value of α

Value of β

East Sussex Combined Fire and Rescue Authority, where the billing authority is listed in Part 24 of Schedule 5

5%

1%

1%

5%

Lancashire Combined Fire and Rescue Authority, where the billing authority is listed in Part 27 of Schedule 5

1.5%

1%

1%

1.5%

Buckingham-shire County Council

31.5%

9%

9%

31.5%

East Sussex County Council

26%

9%

9%

26%

Hertfordshire County Council

40%

10%

10%

40%

Lancashire County Council where the billing authority is listed in Part 27 of Schedule 5

17.5%

9%

9%

17.5%

Leicestershire County Council

36.5%

9%

9%

36.5%

Norfolk County Council

32.5%

10%

10%

32.5%

Northampton-shire County Council

34%

9%

9%

34%

North Yorkshire County Council

21.5%

9%

9%

21.5%

Somerset County Council

30%

9%

9%

30%

Staffordshire County Council

34%

9%

9%

34%

West Sussex County Council

55%

10%

10%

55%

Worcestershire County Council

74%

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—

((A−(B+C−D−E))×L)+((B+C−D−E)×M%)math.

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—

((A−(B+C−D−E))×α%)+((B+C−D−E)×β%)math

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

Table

Part of Schedule 5 in which billing authority is listed

Value of α

Value of β

1

30%

48%

7, 16, 19, 26, 28, 33 or 36

49%

74%

15 or 32

40%

52.5%

20 or 34

50%

75%

23 or 30

40%

42.5%

24 or 35

40%

44%

25

40%

35%

27

40%

56%

29

40%

37.5%

38

40%

20%

39

40%

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.