Paragraph 5A F1

England, Wales and Scotland

(1)

In exercising its powers of amendment under paragraph 5(3) above, the Assembly must not make amendments affecting the amount of the draft component F2council tax requirement for the Assembly if those amendments, taken together, contravene sub-paragraph (2) below.

(2)

Amendments contravene this sub-paragraph if—

(a)

the effect of implementing the amendments is to increase the amount of the draft component F3council tax requirement for the Assembly, and

(b)

the condition in sub-paragraph (3) below is met.

(3)

The condition is that—

(a)

the draft component F4council tax requirement for the Assembly, after implementing the amendments,

exceeds

(b)

the adjusted previous component council tax requirement for the Assembly.

(4)

Find the adjusted previous component council tax requirement for the Assembly as follows.

(5)

Find NM and OM, where—

NM is the draft component council tax requirement for the Mayor, before implementing any amendments under paragraph 5(3) above;
OM is the component council tax requirement for the Mayor for the previous financial year.

(6)

If NM is greater than OM—

(a)

find the percentage by which NM is greater than OM, and

(b)

increase the amount of the component F5council tax requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component budget requirement for the Assembly.

(7)

If NM is less than OM—

(a)

find the percentage by which NM is less than OM, and

(b)

reduce the amount of the component F6council tax requirement for the Assembly for the previous financial year by the same percentage.

The result is the adjusted previous component council tax requirement for the Assembly.

(8)

If NM equals OM, then—

(a)

the adjusted previous component council tax requirement for the Assembly,

equals

(b)

the amount of the component council tax requirement for the Assembly for the previous financial year.

(9)

The Authority's chief finance officer may direct that such amounts as he may specify in the direction are to be left out of account for the purpose of determining the adjusted previous component council tax requirement for the Assembly.

(10)

The Secretary of State may give the chief finance officer guidance with respect to the exercise of the power to give a direction under sub-paragraph (9) above.

(11)

The chief finance officer must have regard to any such guidance.

(12)

For the purposes of this Schedule the “draft component F7council tax requirement” for any constituent body is the component council tax requirement for the body as stated in the draft component budget for the body.

Annotations

Textual amendments

F1: Sch. 6 para. 5A and cross-heading inserted (E.W.) (with effect in accordance with s. 59(6) of the amending Act) by Greater London Authority Act 2007 (c. 24), ss. 13(5), 59(4); S.I. 2007/3107, art. 3
F2: Words in Sch. 6 para. 5A(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)
F3: Words in Sch. 6 para. 5A(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)
F4: Words in Sch. 6 paras. 5A(3)-(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)
F5: Words in Sch. 6 para. 5A(6)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)
F6: Words in Sch. 6 paras. 5A(7)-(9) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)
F7: Words in Sch. 6 para. 5A(12) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(c); S.I. 2011/2896, art. 2(i)

Notes on Schedule 6

Textual amendments

F1: Words in Sch. 6 heading substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(a); S.I. 2011/2896, art. 2(i)

Modifications

C1: Sch. 6 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1999 c. 27, s. 30, Sch. 1 Pt. I para. 1)