Paragraph 3 Refunds by a levying authority which is not a billing authority

Sub-paragraphs (2) to (5) apply to a levying authority which is not a billing authority.

Sub-paragraph (3) does not apply where the Secretary of State has directed the levying authority to cancel the imposition of the BRS under section 24(3) of the Act.

Before making the transfer provided for in sub-paragraph (4), the levying authority shall first ensure that any amount charged to its general fund in respect of making good a deficit in its revenue account, and which has not been made good previously, shall be made good out of its revenue account.

The levying authority shall transfer an amount equal to the appropriate proportion of the amount by which the revenue account is in credit to—

The appropriate proportion for each billing authority or person who made a financial contribution shall be calculated in accordance with the formula—

$$A\left(\genfrac{}{}{0.1ex}{}{B}{\left(C+D\right)}\right)$$

where—

• A is the amount by which the revenue account of the levying authority is in credit;

• B is either—

  1. (a)

     where the sum is to be transferred to a billing authority, the total amount transferred from the collection fund of the relevant billing authority in respect of the BRS levied for its area to the levying authority’s revenue account over the chargeable period of the BRS; or

  2. (b)

     where the sum is to be transferred to a person who made a financial contribution to the levying authority, the amount of the financial contribution;

• C is the total amount transferred by all billing authorities in respect of the BRS levied for their areas to the levying authority’s revenue account over the chargeable period of the BRS; and

• D is the total amount of all financial contributions transferred to the levying authority’s revenue account.

Transfers under sub-paragraph (4) shall be made by 31st May of the financial year following the financial year in which the imposition of a BRS came to end.