{
  "url": "https://openlegislation.uk/draft-non-domestic-rating-rates-retention-regulations-2013/schedule-4/paragraph-1",
  "json_url": "https://openlegislation.uk/draft-non-domestic-rating-rates-retention-regulations-2013/schedule-4/paragraph-1.json",
  "legislation": "ukdsi/2013/9780111532959",
  "legislation_title": "The Non-Domestic Rating (Rates Retention) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/draft-non-domestic-rating-rates-retention-regulations-2013",
  "path": "schedule/4/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "Calculation of surplus or deficit",
  "text": "(1) A billing authority must estimate whether there is a surplus or deficit with respect to non-domestic rates in its collection fund for the preceding year, and if so, the amount of the surplus or deficit by calculating the difference between the amount referred to in sub-paragraph (3) and the amount referred to in sub-paragraph (4).\n(2) Where the amount referred to in sub-paragraph (3) is—\n(a) more than the amount referred to in sub-paragraph (4), there is a surplus, the amount of which is the difference;\n(b) less than the amount referred to in sub-paragraph (4), there is a deficit, the amount of which is the difference;\n(c) the same as the amount referred to in sub-paragraph (4), there is no surplus or deficit.\n(3) The amount referred to in this sub-paragraph is the total of—\n(a) the amount of any opening surplus with respect to non-domestic rating on the billing authority’s collection fund income and expenditure account which was brought forward from the relevant prior year and was shown in the billing authority’s accounts for the relevant prior year as such a surplus.;\n(b) the billing authority’s estimate of the total of amounts credited or to be credited to the authority’s collection fund income and expenditure account in accordance with proper practices in respect of non-domestic rates payable under sections 43 and 45 of the 1988 Act in the preceding year;\n(c) transitional protection payments received or to be received by the billing authority under paragraph 33(1) of Schedule 7B to the 1988 Act;\n(d) transfers to the billing authority’s collection fund made or to be made under Part 3 of these Regulations (end of year reconciliations);\n(e) transfers to the collection fund and any payments by relevant precepting authorities or the Secretary of State under regulation 14 made or to be made in respect of an estimated deficit with respect to non-domestic rating in the billing authority’s collection fund for the relevant prior year.\n(4) The amount referred to in this sub-paragraph is the total of—\n(a) the amount of any opening deficit with respect to non-domestic rating on the billing authority’s collection fund income and expenditure account which was brought forward from the relevant prior year and was shown in the billing authority’s accounts for the relevant prior year as such a deficit;\n(b) the billing authority’s estimate of the total of amounts charged or to be charged to the authority’s collection fund income and expenditure account in accordance with proper practices in respect of non-domestic rates payable under sections 43 and 45 of the 1988 Act in the preceding year;\n(c) transitional protection payments made or to be made by the billing authority under paragraph 33(1) of Schedule 7B to the 1988 Act;\n(d) payments to the Secretary of State made or to be made under paragraph 6(1) of Schedule 7B to the 1988 Act;\n(e) payments to relevant precepting authorities made or to be made under regulations made under paragraph 9 of Schedule 7B to the 1988 Act;\n(f) transfers to the billing authority’s general fund made or to be made under Part 3 of these Regulations;\n(g) transfers to the billing authority’s general fund and payments to relevant precepting authorities and the Secretary of State under regulation 14 in respect of an estimated surplus with respect to non-domestic rating in the billing authority’s collection fund for the relevant prior year.\n(5) For the relevant year beginning 1st April 2014 the amounts referred to in sub-paragraphs (3)(a) and (4)(a) are to be zero.\n(6) In this paragraph, a reference to the relevant prior year is a reference to the year beginning two years before the beginning of the relevant year.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2013/9780111532959/schedule/4/paragraph/1",
    "retrieved_at": "2026-10-30T14:50:47.039517+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}