OpenLegislation

Paragraph 8A F1

England, Wales and Scotland

(1)

In exercising its powers of amendment under paragraph 8 above, the Assembly must not make amendments affecting the amount of the final 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 final 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 final 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 final draft component council tax requirement for the Mayor, before implementing any amendments under paragraph 8(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 council tax 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 F7council tax requirement for the Assembly,

equals

(b)

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

(9)

Sub-paragraphs (9) to (11) of paragraph 5A above (power of chief finance officer to direct amounts to be left out of account) also have effect for the purposes of this paragraph.

(10)

For the purposes of this Schedule the “final draft component budget requirement” for any constituent body is the component F8council tax requirement for the body as stated in the final draft council tax.

Annotations

Textual amendments

F1

Sch. 6 para. 8A 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(7), 59(4); S.I. 2007/3107, art. 3

F2

Words in Sch. 6 para. 8A(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

F3

Words in Sch. 6 para. 8A(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

F4

Words in Sch. 6 paras. 8A(3)-(5) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

F5

Words in Sch. 6 para. 8A(6)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

F6

Words in Sch. 6 para. 8A(7) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

F7

Words in Sch. 6 para. 8A(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); S.I. 2011/2896, art. 2(i)

F8

Words in Sch. 6 para. 8A(10) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 7 para. 40(e); 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)