2013 No. 216 (W.28)
The Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2013
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 32(9), 33(4), 43(7) and 44(4) of the Local Government Finance Act 19921.
Title, commencement, application and interpretation1
1
The title of these Regulations is the Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2013 and they come into force on 28 February 2013.
2
These Regulations apply in relation to Wales and financial years beginning on or after 1 April 2013.
3
In these Regulations, “the 1992 Act” (“Deddf 1992”) means the Local Government Finance Act 1992.
Calculation of budget requirement by authorities in Wales2
1
Section 32 of the 1992 Act (calculation of budget requirement by authorities in Wales) is amended as follows.
2
In subsection (2)2—
a
for paragraph (a), substitute—
a
the expenditure which the authority estimates it will incur in the year in performing its functions and will charge to a revenue account for the year;
b
after paragraph (a), insert—
aa
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;
3
After subsection (2), insert—
2A
The expenditure mentioned in subsection (2)(a) does not include expenditure which the authority estimates it will charge to a BID Revenue Account.
4
In subsection (3)(a)3—
a
after “redistributed non-domestic rates,” insert “BID levy or financial contribution made under section 43 of the Local Government Act 20034,”;
b
after “revenue support grant,” insert “its council tax reduction scheme,”; and
c
for “relevant special grant” substitute “special grant”.
5
After subsection (3)(a), insert—
aa
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, or
iii
additional grant;
6
For subsection (12) substitute—
12
In this section and section 33—
a
references to sums payable for a financial year in respect of redistributed non-domestic rates are to sums so payable in accordance with the local government finance report for the year under section 84G of the 1988 Act relating to the authority (including as amended by a report under paragraph 13 of Schedule 8 to that Act);
b
references to sums payable for a financial year in respect of revenue support grant are to sums so payable in accordance with the local government finance report for the year under section 84G of the 1988 Act (including as amended by a report under section 84L of that Act);
c
references to sums payable for a financial year in respect of an authority’s council tax reduction scheme are to sums payable by the Welsh Ministers under section 31 of the Local Government Act 2003 in respect of a scheme which applies in accordance with regulations under section 13A5 or in default in accordance with regulations under section 13A of, and paragraph 6 of Schedule 1B6;
d
references to sums payable for a financial year in respect of additional grant are to sums so payable in accordance with a report for the year under section 86A of the 1988 Act; and
e
references to sums payable for a financial year in respect of special grant are to sums payable in the year in accordance with a special grant report under section 88C of the 1988 Act.
7
After subsection (12), insert—
12A
“BID levy” and “BID Revenue Account” have the meaning given in Part 4 of the Local Government Act 2003.
Calculation of basic amount of council tax by authorities in Wales3
1
Section 33 of the 1992 Act (calculation of basic amount of tax by authorities in Wales) is amended as follows.
2
In subsection (1)7, in the definition of P—
a
after “revenue support grant,”, insert “its council tax reduction scheme,”; and
b
for “relevant special grant” substitute “special grant”.
3
After subsection (1), insert—
1A
In this section, references to sums payable for a financial year in respect of—
i
redistributed non-domestic rates,
ii
revenue support grant,
iii
an authority’s council tax reduction scheme,
iv
additional grant, and
v
special grant,
are to be construed in accordance with section 32(12).
Calculation of budget requirement by authorities in Wales4
1
Section 43 of the 1992 Act (calculation of budget requirement by authorities in Wales) is amended as follows.
2
After subsection (2)(a) insert—
aa
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;
3
In subsection (3)(a)(i)8 for “relevant special grant” substitute “special grant, floor funding”.
4
After subsection (3)(a), insert—
aa
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;
5
After subsection (6B), insert—
6C
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).
Calculation of basic amount of council tax by authorities in Wales5
1
Section 44 of the 1992 Act (calculation of basic amount of tax by authorities in Wales) is amended as follows.
2
In subsection (1)9, in the definition of P, for “relevant special grant” substitute “special grant, floor funding”.
3
After subsection (1), insert—
1A
In this section—
a
references to sums payable for a financial year in respect of—
i
redistributed non-domestic rates,
ii
revenue support grant,
iii
additional grant, and
iv
special grant,
are to be construed in accordance with section 33(12); and
b
references to sums payable for a financial year in respect of floor funding are to be construed in accordance with section 43(6C).
(This note is not part of the Regulations)