Paragraph 14 Payments following local government finance reportF1

(1)

Where calculations under paragraph 13 (2) show that a relevant authority is to make a payment to the Secretary of State, the authority must make that payment to the Secretary of State.

(2)

Where calculations under paragraph 13 (2) show that the Secretary of State is to make a payment to a relevant authority, the Secretary of State must make that payment to the authority.

(3)

The following provisions apply if calculations (“the revised calculations”) are made under paragraph 13 (3) for a year.

(4)

In this paragraph “the original calculations” means the calculations for the year under paragraph 13 (2).

(5)

Sub-paragraph (6) applies where—

(a)

a payment the revised calculations show as falling to be made by a relevant authority to the Secretary of State exceeds that shown as falling to be made by the original calculations, or

(b)

a payment the revised calculations show as falling to be made by the Secretary of State to a relevant authority is less than that shown as falling to be made by the original calculations.

(6)

The authority must make a payment to the Secretary of State of an amount equal to the difference.

(7)

Where the original calculations did not show that a relevant authority was to make a payment to the Secretary of State, but the revised calculations show that the authority is to make a payment to the Secretary of State—

(a)

the authority must make that payment to the Secretary of State, and

(b)

the authority must make a payment to the Secretary of State of an amount equal to the amount of the payment shown by the original calculations as falling to be made by the Secretary of State to the authority.

(8)

Sub-paragraph (9) applies where—

(a)

a payment the revised calculations show as falling to be made by a relevant authority to the Secretary of State is less than that shown as falling to be made by the original calculations, or

(b)

a payment the revised calculations show as falling to be made by the Secretary of State to a relevant authority exceeds that shown as falling to be made by the original calculations.

(9)

The Secretary of State must make a payment to the authority of an amount equal to the difference.

(10)

Where the original calculations did not show that the Secretary of State was to make a payment to a relevant authority, but the revised calculations show that the Secretary of State is to make a payment to the authority—

(a)

the Secretary of State must make that payment to the authority, and

(b)

the Secretary of State must make a payment to the authority of an amount equal to the amount of the payment shown by the original calculations as falling to be made by the authority to the Secretary of State.

(11)

A payment by a relevant authority to the Secretary of State under sub-paragraph (1)—

(a)

must be made on or before such day in the year to which the local government finance report relates, and in such manner, as the Secretary of State may specify, and

(b)

if not made on or before that day, is recoverable in a court of competent jurisdiction.

(12)

A payment by the Secretary of State to a relevant authority under sub-paragraph (2) must be made—

(a)

in instalments of such amounts, and

(b)

at such times in the year to which the local government finance report relates,

as the Secretary of State determines with the Treasury’s consent.

(13)

A payment by a relevant authority to the Secretary of State under sub-paragraph (6) or (7)—

(a)

must be made on or before such day after the end of the year to which the local government finance report relates, and in such manner, as the Secretary of State may specify, and

(b)

if not made on or before that day, is recoverable in a court of competent jurisdiction.

(14)

A payment by the Secretary of State to a relevant authority under sub-paragraph (9) or (10) must be made—

(a)

at such time, or

(b)

in instalments of such amounts and at such times,

as the Secretary of State determines with the Treasury’s consent; but any such time must fall after the end of the year to which the local government finance report relates.

Annotations

Textual amendments

F1: Sch. 7B inserted (with effect in accordance with s. 1(6) of the amending Act) by Local Government Finance Act 2012 (c. 17), s. 1(4), Sch. 1