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Regulation 5 Recalculation of provisional amounts

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

(1)

Regulation 6 applies as regards a charging authority for a financial year in which—

(a)

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

(b)

the prescribed conditions are fulfilled.

(2)

The prescribed conditions are—

(a)

that the charging authority has on a day in the financial 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 charging 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 charging authority under paragraph (3) below is likely to have been calculated in accordance with that paragraph and informs the charging 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 the amount, expressed in pounds, of the relevant population of the area of the charging authority for the financial year multiplied—

(a)

if the amount calculated in accordance with paragraph (3) above is calculated before 1st October in the financial year, by a factor of 7.5, and

(b)

if the amount calculated in accordance with paragraph (3) above is calculated on or after 1st October in the financial year, by a factor of 15.

(5)

In paragraph (4) above “relevant population” means relevant population calculated under paragraph 4 of Schedule 12A to the Actf1.

Annotations

Footnotes

f1

Schedule 12A was inserted by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 74.