Regulation 2 Abolished and successor authorities
This regulation applies—
where a billing authority is an existing county council to which are transferred, by or in consequence of a section 17 order, the functions of a district council (in this regulation referred to as a “relevant successor authority”); and
the relevant successor authority is the sole successor authority in relation to a district council which is an abolished authority (in this regulation referred to as a “relevant billing authority”).
In relation to the functions under the Funds Regulations of a relevant billing authority as regards the initial year—
regulations 4, 5 and 6 of the Funds Regulations (schedules of instalments, information on schedules and amendment of schedules) shall not apply; and
regulations 11(2) and 11(3) of the Funds Regulations shall be deleted and the following substituted—
“(2)The surplus or deficit estimated by a billing authority under regulation 10(1), as regards a financial year commencing on a reorganisation date specified in an order under section 17 of the Local Government Act 1992 in relation to that authority (in this regulation referred to as “the reorganisation order”), shall belong solely to or be borne solely by the authority to which, by or in consequence of the reorganisation order, the functions of the billing authority are transferred.
(3)A billing authority shall, on or before 18th January in the financial year in which the estimate referred to in paragraph (2) is made, inform the billing authority to which its functions are to be transferred, by or in consequence of the reorganisation order, of the amount of that estimate.”f1
For the purposes of the exercise of its functions under the Funds Regulations as regards the initial year, the relevant successor authority shall be deemed to have estimated, under regulation 10 of those Regulations, a surplus or deficit on its collection fund as regards that year, and such estimate shall comprise the estimate as regards that year made by the relevant billing authority or, if more than one, the aggregate of such estimates, made under regulation 10 of the Funds Regulations, and notified to the relevant successor authority under regulation 11(3) of those Regulations, as substituted by these Regulations.
In relation to the calculation of the aggregate of surpluses or deficits on the collection funds of relevant billing authorities under paragraph (3), a surplus shall constitute a positive figure and a deficit shall constitute a negative figure.
Annotations
Footnotes
- f1