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Section 52X Calculations to be net of precepts.F1

England and Wales

C1 C2 C3 C4 C5 C6 C7 C8(1)

The amount referred to in section 52W(3) above shall be taken to be the amount calculated as there mentioned less the aggregate amount for the year of any precepts which were (or could be) taken into account by the authority in making the calculation under section 32(2) above and which were (or could be)—

(a)

issued to it by local precepting authorities, or

C9(b)

anticipated by it in pursuance of regulations under section 41 above.

(2)

Subsection (3) below applies where this Chapter refers to any of the following—

(a)

the amount which the F2Welsh Ministers propose should be the maximum for the amount calculated by a billing authority as its budget requirement for a financial year;

(b)

the maximum amount which F3they propose a billing authority could calculate as its budget requirement for a financial year without the amount calculated being excessive;

(c)

the amount which the amount calculated by a billing authority as its budget requirement for a financial year is not to exceed;

(d)

an amount which F4they propose should be, or an amount which is to be, the notional amount calculated by a billing authority as its budget requirement for a financial year;

(e)

the financial year as regards which F5they expect the amount calculated by a billing authority as its budget requirement for that year to be equal to or less than the target amount for that year.

(3)

In such a case—

(a)

a reference to the amount calculated is to the amount calculated without taking account of any precept which could be issued to the authority by a local precepting authority;

(b)

a reference to the amount which an authority could calculate is to the amount which it could calculate without taking account of any such precept;

(c)

a reference to the target amount is to the target amount calculated without taking account of any such precept.

(4)

Subsection (1) above shall have effect subject to subsections (2) and (3) above.

(5)

Subsection (1) above shall not apply for the purpose of construing section 52Y(1) below.

(6)

The F6Welsh Ministers may by order provide that any of the provisions of subsections (1) to (3) above shall not apply for such purposes as are specified in the order.

(7)

A statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of the F7National Assembly for Wales .

Annotations

Textual amendments

F1: Chapter 4A (ss. 52A-52Z) inserted (27.7.1999 with effect as mentioned in s. 30(2) of the amending Act.) by 1999 c. 27, s. 30(1), Sch. 1 para. 1
F2: Words in s. 52X(2)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 26(2)(a); S.I. 2011/2896, art. 2(i)
F3: Words in s. 52X(2)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 26(2)(b); S.I. 2011/2896, art. 2(i)
F4: Words in s. 52X(2)(d) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 26(2)(c); S.I. 2011/2896, art. 2(i)
F5: Words in s. 52X(2)(e) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 26(2)(d); S.I. 2011/2896, art. 2(i)
F6: Words in s. 52X(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 26(3); S.I. 2011/2896, art. 2(i)
F7: Words in s. 52X(7) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 26(4); S.I. 2011/2896, art. 2(i)

Modifications

C1: S. 52X(1) modified (E.) (8.4.2008) by Local Government Finance (New Parishes) (England) Regulations 2008 (S.I. 2008/626), regs. 1(1), 6
C2: S. 52X(1) modified (1.4.2011) by The Pembrokeshire (Communities) Order 2011 (S.I. 2011/683), arts. 1(3), 21(3)(c)
C3: S. 52X(1) modified (7.12.2011 for specified purposes, 3.5.2012 in so far as not already in force) by The Swansea (Communities) Order 2011 (S.I. 2011/2932), art. 1(2)(3), 22(3)(c)
C4: S. 52X(1) applied (with modifications) (W.) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Monmouthshire (Communities) Order 2021 (S.I. 2021/1227), art. 251(4)
C5: S. 52X(1) applied (with modifications) (6.5.2026 for specified purposes and otherwise at 23:59 hours on the day before the ordinary day of election of councillors in 2027) by The County of Swansea (Communities) Order 2026 (W.S.I. 2026/95), arts. 1(2)(3), 104(4)(6)
C6: S. 52X(1) applied (with modifications) (6.5.2026 for specified purposes and otherwise at 23:59 hours on the day before the ordinary day of election of councillors in 2027) by The County Borough of the Vale of Glamorgan (Communities) Order 2026 (W.S.I. 2026/87), arts. 1(2)(3), 165(4)(6)
C7: S. 52X(1) applied (with modifications) (6.5.2026 for specified purposes and otherwise at 23:59 hours on the day before the ordinary day of election of councillors in 2027) by The County Borough of Caerphilly (Communities) Order 2026 (W.S.I. 2026/102), arts. 1(2)(3), 53(4)(6)
C8: S. 52X(1) applied (with modifications) (6.5.2026 for specified purposes and otherwise at 23:59 hours on the day before the ordinary day of election of councillors in 2027) by The County of Ceredigion (Communities) Order 2026 (W.S.I. 2026/94), arts. 1(2)(3), 285(4)(6)
C9: S. 52X(1)(b) modified (29.1.2009) by Local Government (Structural Changes) (Further Financial Provisions and Amendment) Regulations 2009 (S.I. 2009/5), regs. 1(1), 6(3)(b) (with reg. 1(2))

Notes on Part I

Modifications

C1

Pt. I (ss. 1-69) modified (6.3.1992) by Local Government Act 1992 (c. 19), s. 18(1)(a)(b).

C2

Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/549, art.3.

C3

Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/550, arts. 3, 4

Pt. I (ss. 1-69) modified (28.11.1994) by S.I. 1994/2825, reg. 3

C4

Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 8

C5

Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 7

Notes on Chapter IVA

Modifications

C1: Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 8
C2: Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 7