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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20010219.html

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STATUTORY INSTRUMENTS


2001 No. 219

LOCAL GOVERNMENT, ENGLAND

FINANCE

The Major Precepting Authorities (Excessive Budget Requirements - Payments) (England) Regulations 2001

  Made 31st January 2001 
  Laid before Parliament 1st February 2001 
  Coming into force 22nd February 2001 

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred upon him by sections 31(5) and (6) of the Local Government Act 1999[1] hereby makes the following Regulations:

Citation, commencement, extent and interpretation
     1.  - (1) These Regulations may be cited as the Major Precepting Authorities (Excessive Budget Requirements - Payments) (England) Regulations 2001, and shall come into force on 22nd February 2001.

    (2) These Regulations extend to England only and apply to sums payable by a major precepting authority under section 31 of the Local Government Act 1999 in respect of the financial year beginning with 1st April 2001.

    (3) In these Regulations: - 

Calculation of payment
     2. The sum which a major precepting authority must pay to a billing authority under section 31(3) of the Local Government Act 1999 shall be equal to - 

E ×Tb × Q
Tz

Time for payment
     3.  - (1) Where the precepting authority and the billing authority have not before 1st April 2001 agreed when the sum calculated under regulation 2 is to be paid then that sum shall be paid in equal instalments on the instalment days in the financial year beginning with 1st April 2001.

    (2) In this regulation, "instalment days" means, in relation to a billing authority, the days in the financial year contained in the schedule of instalments determined by that billing authority under regulations 4 and 6 of the Local Authorities (Funds) (England) Regulations 1992[
6].



Signed by authority of the Secretary of State for the Environment, Transport and the Regions


Hilary Armstrong
Minister of State, Department of the Environment, Transport and the Regions

31st January 2001



SCHEDULE
Regulation 2


CONTRIBUTION TO COUNCIL TAX BENEFIT


     1.  - (1) E (contribution to benefit costs) is zero when either A is less than or equal to 1.045 or F is less than or equal to J. (For A, F and J see paragraphs 2, 3 and 4 respectively.)

    (2) Otherwise, E is equal to - 

(C - M) × T × B × Z
1 - (B × Z)
    (3) For C, M and T see paragraphs 2(2), 5 and 5(4) respectively.

    (4) B is the amount shown in relation to the authority in column 2 of Table A in this Schedule, being the lower of - 

    (5) Z (proportion of council tax benefit subsidy to be borne by the authority) is the amount shown in column 2 of Table B in this Schedule which corresponds with the amount N for the authority. (For N see paragraph 6.)

A
     2.  - (1) A (proportionate increase in council tax) equals

C
D
    (2)

    (3) D (the guideline council tax as estimated by the Secretary of State for the financial year beginning with 1st April 2000) is the amount shown in relation to the authority in column 3 of Table A in this Schedule.

F
     3.  - (1) F (increase in budget requirement) equals G - H.

    (2) G is the amount of the authority's budget requirement for the financial year beginning with 1st April 2001, calculated under section 43 of the 1992 Act[8] or (in relation to the Greater London Authority) the consolidated budget requirement calculated under section 85(8) of the 1999 Act.

    (3) H (the budget requirement consistent with the guideline council tax for the financial year beginning with 1st April 2000 and estimated by the Secretary of State) is the amount shown in relation to the authority in column 4 of Table A in this Schedule.

J
     4.  - (1) J (cash Standard Spending Assessment increase) equals K - L.

    (2) K is, subject to paragraph 7, the Standard Spending Assessment for the authority for the financial year beginning with 1st April 2001, calculated in accordance with the Local Government Finance Report for that year made under section 78A of the Local Government Finance Act 1988[9].

    (3) L is, subject to paragraph 7, the Standard Spending Assessment for the authority for the financial year beginning with 1st April 2000, calculated in accordance with the Local Government Finance Report for that year made under section 78A of the Local Government Finance Act 1988.

M
     5.  - (1) M (council tax at guideline for the financial year beginning with 1st April 2001) is the higher of

    (2) For D, H and J, see paragraphs 2(3), 3(3) and 4 respectively.

    (3)     

    (4) T is for the financial year beginning with 1st April 2001 the same as in section 44 of the 1992 Act or, in relation to the Greater London Authority, section 88(2) of the 1999 Act.

N
     6.  - (1) N (percentage increase above guideline) equals

(C - M) × 100
D
    (2) for C, M and D, see paragraphs 2(2), 5 and 2(3) respectively.

Adjustments to SSAs
     7.  - (1) In relation to any police authority, and in relation to the Greater London Authority, the amounts referred to as K and L in paragraphs 4(2) and 4(3) respectively shall be increased as follows:

    (2) In relation to any authority the amount referred to as L in paragraph 4(3) shall be adjusted by the amount estimated by the Secretary of State and shown in relation to the authority in column 5 of Table A in this Schedule (adjustment for changes in responsibility, function or financing of SSA).

Rounding
     8. For the purposes of this Schedule the following rounding conventions will apply:



EXPLANATORY NOTE

(This note is not part of the Regulations)


Under section 31 of the Local Government Act 1999, a major precepting authority whose budget requirement is excessive must pay a sum to each billing authority to which the precepting authority may issue a precept. These Regulations contain provisions for the calculation and timing of those payments.

The Collection Fund (General) (England) Directions 2001 which are referred to may be obtained from the Department of the Environment, Transport and the Regions, Eland House, Bressenden Place, London SW1E 5DU.


Notes:

[1] 1999 c. 27.back

[2] 1992 c. 14.back

[3] 1999 c. 29.back

[4] Section 44 of the 1992 Act is adapted for major precepting authorities in respect of the financial year beginning with 1st April 2001 by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2001 (S.I. 2001/216).back

[5] 1988 c. 41. Section 98 was amended by Schedule 10, paragraph 23 of the 1992 Act.back

[6] S.I. 1992/2428.back

[7] Paragraph (c) of section 44(3) is inserted by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2001 (S.I. 2001/216).back

[8] Section 43 of the 1992 Act is adapted in relation to the financial year beginning with 1st April 2001 by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2001 (S.I. 2001/216).back

[9] Section 78A was inserted by paragraph 10 of Schedule 10 to the Local Government Finance Act 1992.back

[10] Section 89(6A) of the 1999 Act is inserted by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2001 (S.I. 2001/216).back

[11] Section 44(3)(c) is inserted by the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2001 (S.I. 2001/216).back

[12] 1996 c. 16.back



ISBN 0 11 019205 2


 © Crown copyright 2001

Prepared 13 February 2001


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20010219.html