Explanatory note

These Regulations apply only to Wales.

The provisions of section 69 of the Local Government Finance Act 1988 (“the 1988 Act”) require a precepting authority to secure that such of its expenses as are to be met by precepts are borne by its appropriate charging authorities (if more than one) in proportion, in accordance with that section. In Wales, these provisions have application to county councils (as precepting authorities) and district councils (as charging authorities). A charging authority is an appropriate charging authority in relation to a precepting authority to the extent of the charging authority’s area which falls within the precepting authority’s area. The proportions are determined, in the case of general expenses, by reference to the relevant populations of the areas of the appropriate charging authorities; and in the case of special expenses, by reference to the relevant populations of such areas or parts of such areas to which the special expenses relate.

Section 69(7A) of the 1988 Act (inserted by the Local Government and Housing Act 1989 (“the 1989 Act”)) provides that the relevant population of the area of a Welsh charging authority is the relevant population, calculated under paragraph 5 of Schedule 12A to the 1988 Act (inserted by the 1989 Act) of the area for the financial year concerned. Section 69(7B) of the 1988 Act (inserted by the 1989 Act) provides that the relevant population of part of the area of a charging authority is the relevant population, calculated under paragraph 6 of that Schedule, of the part for the year. Both paragraphs 5 and 6 of Schedule 12A require the Secretary of State to make regulations containing rules for calculating relevant population. These Regulations contain those rules.

Regulation 3 sets out the rules for calculating the relevant population of a charging authority’s area for the financial year concerned. Regulation 4 sets out the information to be taken into account in making that calculation, and regulation 5 sets out the assumptions required to be made in taking that information into account. Regulation 6 makes provision as to when that calculation is to be made.

Regulation 7 sets out the rules for calculating the relevant population of part of a charging authority’s area for the financial year concerned, where this is required for precepting purposes. Regulation 8 applies, with modifications, the provisions of regulations 3(3), 4 and 5 to such calculations. Regulation 9 makes provision as to when such a calculation is to be made.