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Statutory Instruments

2005 No. 190

LOCAL GOVERNMENT, ENGLAND

FINANCE

The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005

Made

2nd February 2005

Laid before Parliament

4th February 2005

Coming into force

5th February 2005

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 2005 and shall come into force on 5th February 2005.

(2) These Regulations apply in relation to authorities in England only ( 3 ).

(3) These Regulations apply in relation to the financial year beginning on 1st April 2005, and regulation 2(a), (b)(i) and (d) also applies in relation to subsequent financial years.

(4) 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) subsection (2)(a)( 4 ) were replaced by—

(a) the expenditure which the authority estimates that it will incur in the year in performing its functions and will charge to a revenue account, other than a BID Revenue Account, for the year (including any expenditure to be incurred by virtue of section 43(2)(a) of the Local Government Act 2003 ( 5 ) or in paying any BID levy for which the authority is liable); ;

(b) in subsection (3)(a)( 6 ) the words—

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

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

(c) for subsection (12)( 7 ) there were substituted the following subsection—

(12) In this section and section 33 below “police grant” means the grant payable in accordance with paragraph 3.1 of the Police Grant Report (England and Wales) 2005/06 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 ( 8 ) on 2nd February 2005. ; and

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

(13) In this section “BID levy” and “BID Revenue Account” shall have 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( 9 ) 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)( 10 ) the words “relevant special grant” were omitted;

(b) for subsection (6A)( 11 ), 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( 12 ) 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( 13 ) 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( 14 ) 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( 15 ) 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( 16 ) 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( 17 ) 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

2nd February 2005

( 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.

( 4 )

For the financial year beginning on 1 April 2004 section 32(2)(a) was amended by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (S.I. 2004/243 ).

( 6 )

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 2004 section 32(3)(a) was amended by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (S.I. 2004/243 ).

( 7 )

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 2004/2005 by regulation 2(c) of the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2004 (S.I. 2004/243 ).

( 8 )

1996 c. 16 .

( 9 )

Section 33(1) was amended by S.I. 1994/246 , S.I. 1995/234 and in relation to the financial year 2004/2005 by S.I. 2004/243 .

( 10 )

Section 43(3)(a) was amended by S.I. 1995/234 , and in relation to the financial year 2004/2005 by S.I. 2004/243 .

( 11 )

Section 43(6A) was inserted by S.I. 1994/246 , substituted by S.I. 1995/234 , and substituted in relation to the financial year 2004/2005 by S.I. 2004/243 .

( 12 )

Section 44(1) was amended by S.I. 1994/246 , S.I. 1995/234 , and in relation to the financial year 2004/2005 by S.I. 2004/243 .

( 13 )

Section 85(5) was amended in relation to the financial year 2004/2005 by S.I. 2004/243 .

( 14 )

Paragraph (e) of subsection (2) and paragraph (d) of subsection (4) of section 88 was omitted in relation to the financial year 2004/2005 by S.I. 2004/243 .

( 15 )

Paragraph (f) of subsection (4) and paragraph (e) of subsection (6) of section 89 were omitted in relation to the financial year 2004/2005 by S.I. 2004/243 .

( 16 )

Section 99 was amended in relation to the financial year 2004/2005 by S.I. 2004/243 .

( 17 )

Paragraph (c) of subsection (2) and subsection (8) of section 102 were omitted in relation to the financial year 2004/2005 by S.I. 2004/243 .

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 2005 (2005/190)

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_rtFEQUj
the 1999 Actreg. 1.the_1999_A_rtKERnU
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 2005 No. 190 reg. 2(a) revoked Localism Act 2011 2011 c. 20 Sch. 25 Pt. 13 Not yet
The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 2005 No. 190 reg. 2(b)(i) revoked Localism Act 2011 2011 c. 20 Sch. 25 Pt. 13 Not yet
The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 2005 No. 190 reg. 2(d) revoked Localism Act 2011 2011 c. 20 Sch. 25 Pt. 13 Not yet

Status of changes to instrument text

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