Section 34 Power to set substituted amounts.

England and Wales

(1)

An authority which has set an amount or amounts for a financial year under section 32 above, this section or section 35 below may set an amount or amounts in substitution.

F1(2)

Any amount set in substitution under this section—

(a)

must be set in accordance with sections 32 and 33 above, ignoring section 32(2) for this purpose, and

(b)

if set by a special authority as a result of its having set a multiplier in substitution under paragraph 10 of Schedule 7 below, must be set by reference to the multiplier set in substitution.

(3)

No amount may be set in substitution under this section if it would be greater than that for which it is substituted, except as provided by subsection (4) below.

(4)

Any amount set in substitution under this section may be greater than that for which it is substituted (the old amount) if the setting of the old amount has been quashed because of a failure to fulfil section 32(3) or 33(2) above F2, or if the amount is set by a special authority as a result of its having set a multiplier in substitution under paragraph 10 of Schedule 7 below..

Annotations

Textual amendments

F1: S. 34(2) substituted by Local Government and Housing Act 1989 (c. .42, SIF 81:1), s. 139, Sch. 5 para. 16(2)
F2: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 139, Sch. 5 para. 16(3)

Notes on Part II

Textual amendments

F1: Pts. I and II (ss. 1-40) repealed (6.3.1992) by 1992 c. 14, s. 117(2), Sch.14 (with s. 118(1)(2)(4))