Regulation 6 Recalculation of provisional amounts

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

reg.6(1) amended by Non-Domestic Rating Contributions 1993 reg.2(b)
reg. 6 (temp.) modified by Non-Domestic Rating (Collection and Enforcement) (Local Lists) 2011 reg. 3
reg. 6 modified (in relation to the financial year beginning on 1.4.2012) by Non-Domestic Rating and Business Rate Supplements (Deferred Payments) 2012 reg. 5
reg. 6 modified (in relation to the financial year beginning on 1.4.2009) by Non-Domestic Rating (Deferred Payments) 2009 reg. 5
reg.6(2)(e) added Sch.1, Pt.II, Table subst. (saving) by Non-Domestic Rating Contributions 1996 reg.2 Si 3245, reg.3(1)(c)
reg. 6 modified (temp.) by Non-Domestic Rating (Collection and Enforcement) (Local Lists) 2010 reg. 3

(1)

Regulation 7 applies as regards an authority for a financial year (“the year”) in which—

(a)

a provisional amount has been arrived at, under paragraph 5 of Schedule 8 to the Act, as regards the authority for the year; and

(b)

the prescribed conditions are fulfilled.

(2)

The prescribed conditions are—

(a)

that the authority has on a day in the year calculated an amount, under paragraph (3) below, which is less than the provisional amount for the authority for the year;

(b)

that the difference between the amount calculated under paragraph (3) below and the provisional amount for the authority is greater than the amount calculated under paragraph (4) below;

(c)

that the authority has notified the Secretary of State of the amount calculated under paragraph (3) below, and the day on which that amount was calculated; and

(d)

that the Secretary of State believes that the amount calculated by the authority under paragraph (3) below is likely to have been calculated in accordance with that paragraph and informs the authority of his belief.

(3)

The amount calculated under this paragraph is the total of the amounts calculated on the relevant day in accordance with Parts I and II of Schedule 3 to these Regulations.

(4)

The amount calculated under this paragraph is an amount equal to—

(a)

if the amount calculated in accordance with paragraph (3) above is calculated before 1st October in the year, £25,000 or 1 per cent. of the authority’s budget requirement for the year, whichever is the greater; and

(b)

if the amount calculated in accordance with paragraph (3) above is calculated on or after 1st October in the year, £50,000 or 2 per cent. of the authority’s budget requirement for the year, whichever is the greater.

(5)

In paragraph (4) above, “budget requirement” means the amount calculated (or last calculated) by the authority under section 32(4) of the Local Government Finance Act 1992.