OpenLegislation

Regulation 12 InterpretationI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this Part—

  • “appropriate authority”, in relation to a reorganised area, means—

    1. (a)

      the relevant authority during the relevant period, or

    2. (b)

      the single-tier council on and after the reorganisation date;

  • “basic amount of council tax”, in relation to a part of an appropriate authority’s area and a financial year, means the amount of that authority’s council tax which will be payable for that year in respect of a dwelling which—

    1. (a)

      is situated in that part, and

    2. (b)

      is listed in valuation band D;

  • “the Council Tax Base Regulations” means the Local Authorities (Calculation of Council Tax Base) Regulations 1992f1;

  • “dwelling” has the same meaning as in section 3 (meaning of “dwelling”) of the 1992 Act;

  • “preceding year council tax”, in relation to a predecessor area, means the amount calculated under section 33(1) (basic amount of council tax) of the 1992 Act for the area for the preceding yearf2;

  • “predecessor area”, in relation to a reorganised area, means any district which is abolished by or in consequence of an order;

  • “principal area”, in relation to a reorganised area, means—

    1. (a)

      in relation to the first year, the predecessor area which had the highest preceding year council tax,

    2. (b)

      in relation to any financial year after the first year—

      1. (i)

        the area referred to in paragraph (a), and

      2. (ii)

        any other predecessor area for which the appropriate authority’s basic amount of council tax for an earlier financial year was calculated—

        1. (aa)

          under regulation 20(2)(a),

        2. (bb)

          under regulation 21 in such a way that the basic amount of council tax for the area is more than the higher amount by an amount equal to the aggregate of the special items that relate to the area, or

        3. (cc)

          under regulation 22 in such a way that the amount calculated by applying the formula in paragraph (6) of that regulation is equal to the higher amount;

  • “special item” means an item mentioned in section 35(1) (special items for the purpose of section 34) of the 1992 Act; and

  • “uniform amount of council tax”, in relation to a reorganised area and a financial year, means the amount calculated for the area and the year under section 33(1) of the 1992 Act as modified by paragraph 2 of Schedule 2 to these Regulations.

(2)

The reference in the definition of “basic amount of council tax” in paragraph (1) to a dwelling listed in valuation band D is a reference to a dwelling to which that valuation band is shown as applicable in the appropriate authority’s valuation list.

(3)

Any calculation of a council tax base by an appropriate authority under this Part for any part of its area must be made in accordance with the Council Tax Base Regulations as modified by paragraphs 11 to 13 of Schedule 2 to these Regulations.

Annotations

Commencement

I1

Reg. 12 in force at 24.12.2008, see reg. 1(2)

Footnotes

f1

S.I. 1992/612; relevant amending instruments are S.I. 1992/2943, 1999/3437 and 2003/3012.

f2

Section 33(1) was amended by paragraph 5 of Schedule 12 to the Local Government (Wales) Act 1994, S.I. 1994/246, S.I. 1995/234 and in relation to the financial year beginning on 1st April 2008 by S.I. 2008/227.