Expenses of the new community councils of Cornelly and Pyle5

1

In this article—

  • “the 1992 Act” (“Deddf 1992”) means the Local Government Finance Act 19924;

  • “the 1995 Regulations” (“Rheoliadau 1995”) means the Local Authorities (Precepts) (Wales) Regulations 19955;

  • “the new communities” (“y cymunedau newydd”) means the new community councils of Cornelly and Pyle;

  • “the prospective billing authority” (“yr awdurdod bilio arfaethedig”) means Bridgend County Borough Council;

  • “the relevant financial year” (“y flwyddyn ariannol berthnasol”) means the financial year beginning on 1st April 2002.

2

Section 41 of the 1992 Act (issue of precepts by local precepting authorities) shall have effect—

a

in relation to the new communities, the prospective billing authority and the relevant financial year; and

b

as respects the period beginning on 30th March 2002 and ending immediately before the day on which there is issued by the new communities precepts for the relevant financial year,

with the substitution for subsection (3) of the following subsection—

3

In making calculations in accordance with section 32 above (originally or by way of substitute) the billing authority shall take into account for the purposes of its estimate under section 32(2)(a) above an amount equal to that specified in article 5(6) of the Bridgend (Cynffig, Cornelly and Pyle Communities) (Electoral Changes) Order 2002.

3

In relation to the new communities, the prospective billing authority and the relevant financial year—

a

section 32 of the 1992 Act (calculation of budget requirements by billing authorities) shall have effect with the omission of subsection (6);

b

section 41(4) of the 1992 Act shall have effect with the substitution for the words “March in the financial year preceding that for which it is issued” of the words “October in the financial year for which it is issued”; and

c

the reference in section 54(4) of the 1992 Act (power to designate authorities) to a precept anticipated by a billing authority in pursuance of regulations under section 41 of the 1992 Act shall be construed as a reference to the amount specified in paragraph (6) of this article.

4

In relation to the amount taken into account for the purposes of section 32(2)(a) of the 1992 Act by virtue of paragraph (2) above, Chapter III of Part I of the 1992 Act (setting of council tax) shall have effect as if—

a

the amount were an item mentioned in section 35(1) of the 1992 Act (special items) which related to the new communities; and

b

the area of the prospective billing authority included the new communities.

5

The new communities shall make the calculations required by section 50 of the 1992 Act (calculation of budget requirement by local precepting authorities) for the relevant financial year so as to secure that the amount calculated as their budget requirement for that year does not exceed the amount specified in paragraph (6) below.

6

The amount specified in this paragraph in relation to each of the new communities is fifteen thousand pounds.

7

In relation to the new communities, the prospective billing authority and the relevant financial year, the 1995 Regulations shall have effect as if—

a

regulation 5 (information on schedules of payment); and

b

in sub-paragraphs (1), (2) and (3) of paragraph 8 of Part II of the Schedule (rules for determination of schedules in instalments) in each case the second “or” and the words following to the end of each sub-paragraph,

were omitted.