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Regulation 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In these Regulations–

  • “the 1988 Act” means the Local Government Finance Act 1988;

  • “the 1992 Act” means the Local Government Finance Act 1992f1;

  • “the 1989 Regulations” means the Collection Fund (Wales) Regulations 1989f2;

  • “principal authority”, in relation to a billing authority, means its relevant major precepting authority and the billing authority itself;

  • “relevant local precepting authority”, in relation to a billing authority, means any community council having power to issue a precept to that billing authority;

  • “relevant major precepting authority”, in relation to a billing authority, means the county council having power to issue a precept to that billing authority;

  • “relevant precepting authority”, in relation to a billing authority, means its relevant major precepting authority and each relevant local precepting authority;

  • “schedule of instalments” means a schedule determined by a billing authority, in accordance with regulation 4 and, where it applies, regulation 6, with respect to the times for and the number and amounts of payments or transfers from its collection fund or its general fund in respect of its liabilities;

  • “working day” means any day other than a Saturday, Sunday, or bank holiday.

(2)

Any reference in these Regulations (however framed) to liabilities in relation to a billing authority is a reference to the liability of a billing authority to–

(a)

pay anything from its collection fund in respect of any precept issued by itsrelevant major precepting authority under Part I of the 1992 Act, after taking into account any amount credited by that major precepting authority under section 42(4) of that Act,

(b)

pay anything from its collection fund in respect of so much of any surplus in that fund as, in accordance with regulation 11, that billing authority calculates to be its relevant major precepting authority’s share,

(c)

pay anything from its general fund in respect of any precept issued by a relevant local precepting authority under Part I of the 1992 Act, after taking into account any amount credited by that local precepting authority under section 42(4) of that Act,

(d)

transfer anything from its collection fund or its general fund under section 97(1) or (2) of the 1988 Actf3 (as the case may be), and

(e)

transfer anything from its collection fund or its general fund under section 97(3) or (4) of the 1988 Act (as the case may be) in respect of so much of any surplus or deficit in its collection fund as, in accordance with regulation 11, that billing authority calculates to be its share or calculates must be borne by it.

(3)

Any reference in these Regulations to the making of a substitute calculation is a reference to the making of a substitute calculation by a billing authority in accordance with section 32(4) of the 1992 Act.

(4)

References in these Regulations to a date or day when an instalment shall become due shall be taken to be references to the date or day (as the case may be) when that instalment shall become payable or transferable (as the case may be).

(5)

References in these Regulations to a working day in one month and a working day in another month shall be treated (in relation to each other) as the same working day of a different month if, and only if, both such working days can be identified–

(a)

by the same name of a day in a working week (whether Monday, Tuesday, Wednesday, Thursday or Friday), and also

(b)

by reference to the same position in a month relative to other days of that name (whether the first, second, third or fourth day of that name in a month).

Annotations

Footnotes

f1

1992 c. 14.

f2

S.I. 1989/2363, amended by S.I. 1992/653.

f3

Section 97 was substituted by the Local Government Finance Act 1992, Schedule 10, paragraph 22, inrelation to any financial year beginning on or after 1st April 1993.