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Statutory Instruments

2004 No. 243

LOCAL GOVERNMENT, ENGLAND

FINANCE

The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004

Made

5th February 2004

Laid before Parliament

6th February 2004

Coming into force

7th February 2004

The First Secretary of State, in exercise of the powers conferred upon him by sections 32(9), 33(4), 43(7), 44(4) and 113(2) of the Local Government Finance Act 1992 ( 1 ) and sections 86(5), 88(8), 89(9) and 420(1) of the Greater London Authority Act 1999( 2 ), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, application and interpretation

1. —(1) These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 and shall come into force on 7th February 2004.

(2) These Regulations apply in relation to the financial year beginning on 1st April 2004 and in relation to authorities in England only ( 3 ).

(3) In these Regulations—

the 1992 Act” means the Local Government Finance Act 1992;

the 1999 Act” means the Greater London Authority Act 1999.

Budget requirement (billing authorities) – calculation

2. Section 32 of the 1992 Act has effect as if—

(a) in subsection (2)(a) the words “, other than any expenditure it estimates will be charged to a BID Revenue Account for the year (excluding expenditure incurred by the authority in making a financial contribution or taking action under section 43(2)(a) of the Local Government Act 2003( 4 )”were added at the end of that subsection;

(b) in subsection (3)(a)( 5 ) the words—

(i) “BID levy or financial contribution made by a person under section 43(2)(b) or (c) of the Local Government Act 2003,” were inserted after the words “redistributed non-domestic rates,”;

(ii) “or relevant special grant” were omitted; and

(c) for subsection (12)( 6 ) there were substituted the following subsection—

(12) In this section and in section 33 below “police grant” means the grant payable in accordance with paragraph 3.1 of the Police Grant Report (England and Wales) 2004/05 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 ( 7 ) on 5th February 2004. ;

(d) there were added after subsection (12)—

(13) In this section “BID levy” and “BID Revenue Account” shall bear the meaning given in Part 4 of the Local Government Act 2003. .

Basic amount of council tax (billing authorities) – calculation

3. Section 33(1) of the 1992 Act( 8 ) has effect as if the words “or relevant special grant” in item P were omitted.

Budget requirement (major precepting authorities other than the Greater London Authority) – calculation

4. Section 43 of the 1992 Act has effect as if—

(a) in subsection (3)(a)(i)( 9 ) the words “relevant special grant” were omitted;

(b) for subsection (6A)( 10 ), there were substituted the following subsection —

(6A) In this section and section 44 below, “police grant” has the meaning given by section 32(12) above. .

Basic amount of council tax (major precepting authorities other than the Greater London Authority) – calculation

5. Section 44(1) of the 1992 Act( 11 ) has effect as if the words “relevant special grant” in item P were omitted.

Budget requirement (Greater London Authority) – calculation

6. Section 85(5)(a)(i) of the 1999 Act( 12 ) has effect as if the words “relevant special grant” were omitted.

Basic amount of council tax (Greater London Authority) – calculation

7. Section 88 of the 1999 Act( 13 ) has effect as if —

(a) in subsection (2) in item P1 paragraph (e) were omitted;

(b) in subsection (4) paragraph (d) were omitted.

Additional calculation: special item for part of Greater London

8. Section 89 of the 1999 Act( 14 ) has effect as if —

(a) in subsection (4) in item P2 paragraph (f) were omitted;

(b) in subsection (6) paragraph (e) were omitted.

Interpretation of Chapter I of Part 3 of the 1999 Act

9. Section 99 of the 1999 Act( 15 ) has effect as if the definition of “relevant special grant” were omitted.

Distribution of grants by the Greater London Authority

10. Section 102 of the 1999 Act( 16 ) has effect as if —

(a) in subsection (2) paragraph (c) were omitted;

(b) subsection (8) were omitted.

Signed by authority of the First Secretary of State

Nick Raynsford

Minister of State,

Office of the Deputy Prime Minister

5th February 2004

( 1 )

1992 c. 14 ; section 32(9) was amended by paragraph 4 of Schedule 12 to the Local Government (Wales) Act 1994 ( 1994 c. 19) .

( 2 )

1999 c. 29 .

( 3 )

The power to make regulations under sections 32(9), 33(4), 43(7) and 44(4) in relation to Wales transferred from the Secretary of State to the National Assembly for Wales under article 2(a) of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672 ): see the entry in Schedule 1 for the Local Government Finance Act 1992.

( 5 )

Section 32(3)(a) was amended by the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1994 (S.I. 1994/246 ) and the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1995 (S.I. 1995/234 ). For the financial year beginning on 1st April 2003 section 32(3)(a) was amended by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195 ).

( 6 )

Subsection (12) was inserted by the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1995 (S.I. 1995/234 ), which also made relevant amendments to sections 32(3) and 33(1) (references to “police grant” and “relevant special grant”). Section 32(12) was substituted in relation to the financial year 2003/2004 by regulation 2(b) of the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2003 (S.I. 2003/195 ).

( 7 )

1996 c. 16 .

( 8 )

Section 33(1) was amended by S.I. 1994/246 , S.I. 1995/234 and in relation to the financial year 2003/2004 by S.I. 2003/195 .

( 9 )

Section 43(3)(a) was amended by S.I. 1995/234 , and in relation to the financial year 2003/2004 by S.I. 2003/195 .

( 10 )

Section 43(6A) was inserted by S.I. 1994/246 , substituted by S.I. 1995/234 , and substituted in relation to the financial year 2003/2004 by S.I. 2003/195 .

( 11 )

Section 44(1) was amended by S.I. 1994/246 , S.I. 1995/234 , and in relation to the financial year 2003/2004 by S.I. 2003/195 .

( 12 )

Section 85(5) was amended in relation to the financial year 2003/2004 by S.I. 2003/195 .

( 13 )

Paragraph (e) of subsection (2) and paragraph (d) of subsection (4) of section 88 was omitted in relation to the financial year 2003/2004 by S.I. 2003/195 .

( 14 )

Paragraph (f) of subsection (4) and paragraph (e) of subsection (6) of section 89 were omitted in relation to the financial year 2003/2004 by S.I. 2003/195 .

( 15 )

Section 99 was amended in relation to the financial year 2003/2004 by S.I. 2003/195 .

( 16 )

Paragraph (c) of subsection (2) and subsection (8) of section 102 were omitted in relation to the financial year 2003/2004 by S.I. 2003/195 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (2004/243)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
the 1992 Actreg. 1.the_1992_A_rtimKJn
the 1999 Actreg. 1.the_1999_A_rt1ofnt

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