Article 53 Initial expenses etc. of new community councilsI1

England and Wales

(1)

In this article—

“the 1992 Act” (“Deddf 1992”) means the Local Government Finance Act 1992^f1;
“the prospective billing authority” (“yr awdurdod bilio arfaethedig”) means Caerphilly County Borough Council;
“the relevant financial year” (“y flwyddyn ariannol berthnasol”) means the financial year beginning 1 April 2027.

(2)

For the relevant financial year, section 32 of the 1992 Act (calculation of budget requirements by billing authorities) applies to the new community councils and the prospective billing authority but as if—

(a)

in making a calculation under section 32(2)(a) of the 1992 Act—

(i)

the amount notified under paragraph (6) of this article were an item mentioned in section 35(1) of the 1992 Act (special items) relating to the new community, and

(ii)

the area of the prospective billing authority included the new community;

(b)

subsection (6) were omitted.

(3)

For the relevant financial year, section 41 of the 1992 Act (issue of precepts by local precepting authorities) applies to the new community councils and the prospective billing authority but as if the prospective billing authority, in making calculations under section 32 of the 1992 Act (originally or by way of substitution) in its estimate under section 32(2)(a), were required to take into account an amount equal to that notified to it under paragraph (6) of this article.

(4)

For the relevant financial year, sections 52X(1) (calculations to be net of precepts) and 52Y(2) (information for purposes of Chapter 4A) of the 1992 Act apply to the new community councils and the prospective billing authority but as if the aggregate amount of precepts anticipated by the prospective billing authority under regulations made under section 41 of the 1992 Act included the amounts notified to the new community councils under paragraph (6) of this article.

(5)

In relation to the relevant financial year, section 50 of the 1992 Act (calculation of budget requirement by local precepting authorities) applies to the new community councils and the prospective billing authority as if each of the new community councils were required to secure that the amount calculated as its budget requirement for that year does not exceed the amount notified to that new community council under paragraph (6) of this article.

(6)

The appropriate amount to be notified to each of the new community councils under this paragraph, must be notified by the Welsh Ministers in writing to the prospective billing authority and to each of the new community councils.

(7)

For the relevant financial year, the Local Authorities (Precepts) (Wales) Regulations 1995^f2 apply to the new community councils and the prospective billing authority as if—

(a)

regulation 5 (information on schedules of payment) were omitted;

(b)

in paragraph 8 of the Schedule (rules for determination of schedules in instalments)—

(i)

in sub-paragraphs (1), (2) and (3), the words after the first reference to “that financial year” were omitted;

(ii)

in sub-paragraph (1)(a), the reference to “April” were a reference to “May”.

Annotations

Commencement

I1: Art. 53 in force at 6.5.2026 for specified purposes and at 5.5.2027 (at 23:59 hours) in so far as not already in force, see art. 1(2)(3)

Footnotes

f1: 1992 c. 14. Sections 32 and 35 were amended, in relation to Wales, by paragraphs 4 and 6 respectively of Schedule 12 to the Local Government (Wales) Act 1994 (c. 19). Section 50 was amended by Part 1 of Schedule 8 to the Local Government Act 2003 (c. 26). Sections 52X and 52Y were inserted by Part 1 of Schedule 1 to the Local Government Act 1999 (c. 27).
f2: S.I. 1995/2562 to which there are amendments not relevant to this Order.