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The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2011

S.I. 2011/313 · Made 9 February 2011

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Local Government, England

Finance

Made 9th February 2011

Laid before Parliament 14th February 2011

Coming into force 15th February 2011

The Secretary of State, in exercise of the powers conferred by—

(a)

sections 32(9), 33(4), 43(7), 44(4) and 113(2) of the Local Government Finance Act 1992f1, and

(b)

sections 86(5), 88(8), 89(9) and 420(1) of the Greater London Authority Act 1999f2,

makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c.14; section 32(9) was amended by paragraph 4 of Schedule 12 to the Local Government (Wales) Act 1994 (c.19) and section 113(2) was amended by paragraph 52 of Schedule 7 to the Local Government Act 2003 (c.26).

f2

1999 c.29.

Contents

  1. 1Citation, commencement and application
  2. 2Interpretation
  3. 3Budget requirement (billing authorities) – calculation
  4. 4Basic amount of council tax (billing authorities) - calculation
  5. 5Budget requirement (major precepting authorities other than the Greater London Authority) - calculation
  6. 6Basic amount of council tax (major precepting authorities other than the Greater London Authority) - calculation
  7. 7Budget requirement (Greater London Authority) - calculation
  8. 8Basic amount of council tax (Greater London Authority) - calculation
  9. 9Additional calculation: special item for part of Greater London
  10. 10Interpretation of Chapter 1 of Part 3 of the 1999 Act
  11. 11Distribution of grants by the Greater London Authority
  12. Signature
  13. Explanatory note

1Citation, commencement and application

(1)

These Regulations—

(a)

may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2011, and

(b)

come into force on 15th February 2011.

(2)

These Regulations apply in relation to authorities in England onlyf1.

(3)

These Regulations apply in relation to the financial year beginning on 1st April 2011.

2Interpretation

In these Regulations—

  • “the 1992 Act” means the Local Government Finance Act 1992; and

  • “the 1999 Act” means the Greater London Authority Act 1999.

3Budget requirement (billing authorities) – calculation

Section 32 of the 1992 Act has effect as if—

(a)

in subsection (3)(a)f1, the words “or relevant special grant” were omitted;

(b)

for subsection (12)f2 there were substituted the following subsection—

“(12)

In this section and section 33 below “police grant” means the grant payable in accordance with column (a) of paragraph 3.1 of the Police Grant Report (England and Wales) 2011/12 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996f3 on 9th February 2011.”; and

(c)

after subsection (12) there were inserted the following subsection—

“(12A)

In this section and section 33 below—

(a)

references to sums payable for the financial year in respect of redistributed non-domestic rates are references to sums so payable in accordance with the Local Government Finance Report (England) 2011/2012 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988f4 on 9th February 2011, and

(b)

references to sums payable for the financial year in respect of revenue support grant are references to sums so payable in accordance with that report.”.

4Basic amount of council tax (billing authorities) - calculation

Section 33(1) of the 1992 Actf1 has effect as if the words “or relevant special grant” in item P were omitted.

5Budget requirement (major precepting authorities other than the Greater London Authority) - calculation

Section 43 of the 1992 Act has effect as if—

(a)

in subsection (3)(a)(i)f1, the words “, relevant special grant” were omitted; and

(b)

for subsection (6A)f2 there were substituted the following subsection —

“(6A)

In this section and section 44 below—

(a)

“police grant” has the meaning given by section 32(12) above, and

(b)

references to sums payable for the financial year in respect of redistributed non-domestic rates or revenue support grant are to be construed in accordance with section 32(12A) above.”.

6Basic amount of council tax (major precepting authorities other than the Greater London Authority) - calculation

Section 44(1) of the 1992 Actf1 has effect as if the words “, relevant special grant” in item P were omitted.

7Budget requirement (Greater London Authority) - calculation

Section 85 of the 1999 Act has effect as if—

(a)

in subsection (5)(a)(i)f1, the words “relevant special grant,” were omitted; and

(b)

after subsection (9)f2 there were added the following subsection—

“(9A)

In subsection (5)(a)—

(a)

the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2011/2012 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 9th February 2011, and

(b)

the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.”.

8Basic amount of council tax (Greater London Authority) - calculation

Section 88 of the 1999 Act has effect as if —

(a)

in subsection (2)f1, in the definition of P1, paragraph (e) and the word “and” preceding it were omitted; and

(b)

in subsection (4)f2, paragraph (d) and the word “and” preceding it were omitted.

9Additional calculation: special item for part of Greater London

Section 89 of the 1999 Act has effect as if —

(a)

in subsection (4)f1, in the definition of P2, paragraph (f) and the word “and” preceding it were omitted; and

(b)

in subsection (6)f2, paragraph (e) and the word “and” preceding it were omitted.

10Interpretation of Chapter 1 of Part 3 of the 1999 Act

Section 99 of the 1999 Actf1 has effect as if the definition of “relevant special grant” were omitted.

11Distribution of grants by the Greater London Authority

Section 102 of the 1999 Act has effect as if —

(a)

in subsection (2)f1, paragraph (c) were omitted; and

(b)

for subsection (8)f2 there were substituted the following subsection—

“(8)

In this section—

(a)

the reference to sums received for the financial year in respect of redistributed non-domestic rates is a reference to sums so received in consequence of the Local Government Finance Report (England) 2011/2012 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 9th February 2011, and

(b)

the reference to sums received for the financial year in respect of revenue support grant is a reference to sums so received in consequence of that report.”.

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Bob Neill

Parliamentary Under Secretary of State

Department for Communities and Local Government

9th February 2011

Explanatory note

(This note is not part of the Regulations)

Sections 32 and 43 of the Local Government Finance Act 1992 (“the 1992 Act”) set out respectively how a billing authority and a major precepting authority (other than the Greater London Authority (“GLA”)) are to calculate their budget requirements for a financial year. Sections 33 and 44 of that Act set out respectively how a billing authority and such a major precepting authority are to calculate the basic amount of their council tax. The GLA’s budget requirement is calculated under section 85 of the Greater London Authority Act 1999 (“the 1999 Act”), the basic amount of council tax (for services funded by the GLA other than the Metropolitan Police Authority) is calculated under section 88 of that Act and the additional amount of council tax in respect of the Metropolitan Police Authority is calculated under section 89 of that Act.

Regulations 3(a) and 4 to 11 of these Regulations omit references to “relevant special grants” from sections 32, 33, 43 and 44 of the 1992 Act, and from sections 85, 88, 89, 99 and 102 of the 1999 Act, for the financial year beginning on 1st April 2011 since no special grants are being defined as relevant special grants for that financial year.

Regulation 3(b) of these Regulations alters for authorities in England the definition in section 32 of the 1992 Act of “police grant” for the financial year beginning on 1st April 2011. The altered definition applies to that section, and also to sections 33, 43 and 44 of the 1992 Act. The same definition of police grant applies to the corresponding sections of the 1999 Act (by virtue of section 99 of that Act). Regulation 3(c) inserts for authorities in England definitions of sums payable in respect of redistributed non-domestic rates and revenue support grant in section 32 of the 1992 Act for the financial year beginning on the 1st April 2011 to ensure that the amounts of redistributed non-domestic rates and revenue support grant excluded from the budget requirement calculation in that section relate only to such amounts payable under the Local Government Finance Report (England) 2011/2012. The same definitions also apply to sections 33, 43 and 44 of the 1992 Act.

Regulations 7(b) and 11(b) include for the GLA definitions of sums payable or received in respect of redistributed non-domestic rates and revenue support grant in sections 85 and 102 of the 1999 Act for the financial year beginning on 1st April 2011. These definitions ensure that the amounts of redistributed non-domestic rates and revenue support grant:

(a)

excluded from the budget requirement calculation in section 85; and

(b)

taken into account in calculating the aggregate of sums received by the GLA to be distributed amongst the functional bodies;

relate only to such amounts payable under the Local Government Finance Report (England) 2011/2012.

A copy of the Police Grant Report (England and Wales) 2011/12 approved on 9th February 2011 ISBN 978-0-10-297096-8, price £5.75, referred to in regulation 3 may be obtained from the Stationery Office.

A copy of the Local Government Finance Report (England) 2011/2012 approved on 9th February 2011 ISBN 978-0-10-297092-0, price £22.50, referred to in these Regulations may be obtained from the Stationery Office.

A full impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.