OpenLegislation

Article 3 Reimbursement

Original text. Later amendments are not shown.

(1)

The total for any financial year of the expenditure described in paragraph (2) of a transferee authority shall be apportioned between all the district councils in the county in which the authority is situated in proportion to the population of their districts, as that population is certified for the making of levies with respect to that year under section 74(2) of the Act (levies by residuary bodies); and the appropriate portions shall be recoverable by the authority from each of the other district councils.

(2)

The expenditure referred to in paragraph (1) is the expenditure of the transferee authority with respect to the matters mentioned in paragraph 1(b) and (c) of the Schedule (including the costs of the authority incidental to the making of any payments in connection with those matters) less —

(a)

any amounts received by the authority with respect to those matters in consequence of this Order, and

(b)

any amount of such expenditure as would have fallen to be met by the authority (otherwise than under section 74 of the Act) apart from this Order.

(3)

In the event of a dispute between a transferee authority and another council as to the amount of any expenditure referred to in paragraph (2), as between the authority and that council the amount is to be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950f1 shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.

(4)

Notwithstanding any winding up of a transferor authority pursuant to section 67 of the Act, the functions of the Registrar General and the Secretary of State under section 74(2) of the Act shall continue with respect to the certification of population for the purposes of the reimbursement of a transferee authority under this article.

Annotations

Footnotes

f1

1950 c. 27; section 31 was repealed in part by the Arbitration Act 1975 (c. 3), section 8(2), and amended by the Arbitration Act 1979 (c. 42), section 7(1).