Paragraph 2 Apportionment of surplus and deficit
England and Wales
For the relevant year beginning on 1st April 2018, the Secretary of State’s share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Part 1 of Schedule 5 is calculated in accordance with the formula—
For the relevant year beginning on 1st April 2018, the Secretary of State’s share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Parts 2 to 6 of Schedule 5 is calculated in accordance with the formula—
For the relevant year beginning on 1st April 2019, the Secretary of State’s share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Part 1 of Schedule 5 is calculated in accordance with the formula—
For a relevant year beginning on or after 1st April 2019, the Secretary of State’s share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Parts 2 to 6 of Schedule 5 is zero.
For the relevant year beginning on 1st April 2019, the Secretary of State’s share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Parts 7 to 22 of Schedule 5 is calculated in accordance with the formula—
For the relevant year beginning on 1st April 2020, the Secretary of State’s share of any surplus or deficit estimated for that year under paragraph 1 by a billing authority listed in Part 1 of Schedule 5 is calculated in accordance with the formula—F7
For the relevant year beginning on 1st April 2020, the Secretary of State's share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Parts 7, 15, 16, 19 and 20 of Schedule 5 is calculated in accordance with the formula—
For the relevant year beginning on 1st April 2020, the Secretary of State’s share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in F9Parts 8 to 14, 17, 18, 21 and 22 of Schedule 5 is calculated in accordance with the formula—
For the relevant year beginning on 1st April 2020, the Secretary of State's share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Parts 23 to 39 of Schedule 5 is calculated in accordance with the formula—
F12Unless Schedule 4B applies, for the relevant year beginning on 1st April 2021, the Secretary of State's share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Part 1 of Schedule 5 is calculated in accordance with the formula—
F13Unless Schedule 4B applies, for the relevant year beginning on 1st April 2021, the Secretary of State's share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Parts 7, 15, 16, 19, 20, or 23 to 39 of Schedule 5 is calculated in accordance with the formula—
For a relevant year beginning on or after 1st April 2022, the Secretary of State's share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in Part 1 of Schedule 5 is 33%.
F14Unless sub-paragraph (2A) F15, (2B) F16, (2C) or (2E) applies, a relevant precepting authority's share of any surplus or of any deficit for a relevant year is the amount of the surplus or deficit for that year multiplied by the relevant precepting authority share set out in regulation 5(3) F17, (3A), (3B) or (3C).
Where the relevant precepting authority is the Greater London Authority, its share of any surplus or of any deficit—
for the relevant year beginning on 1st April 2017, is 20%;
for the relevant year beginning on 1st April 2018, is calculated in accordance with the formula—
for the relevant year beginning on 1st April 2019, is calculated in accordance with the formula—
for the relevant year beginning on 1st April 2020, is calculated in accordance with the formula—F20
Where the relevant precepting authority is the West of England Combined Authority, its share of any surplus or of any deficit—
for the relevant year beginning on 1st April 2017, is zero;
for the relevant year beginning on 1st April 2018, is calculated in accordance with the formula—
For a relevant precepting authority listed in sub-paragraph (2D), its share of any surplus or of any deficit—
for the relevant year beginning on 1st April 2019, is calculated in accordance with the formula—
for the relevant year beginning on 1st April 2020, is calculated in accordance with the formula—
The relevant precepting authorities are Derbyshire County Council, Devon County Council, Gloucestershire County Council, Kent County Council, Lincolnshire County Council, Suffolk County Council and Surrey County Council.
F25Unless Schedule 4B applies, for a relevant authority listed in the table below, the share of any surplus or of any deficit for the relevant years beginning on 1st April 2020 and 1st April 2021 is calculated in accordance with the formula—
where the values of α and β are set out in that table—
Table
| Authority | Relevant year beginning 1st April 2020 | Relevant year beginning 1st April 2021 | ||
|---|---|---|---|---|
| Value of α | Value of β | Value of α | Value of β | |
| East Sussex Combined Fire and Rescue Authority, where the billing authority is listed in Part 24 of Schedule 5 | 5% | 1% | 1% | 5% |
| Lancashire Combined Fire and Rescue Authority, where the billing authority is listed in Part 27 of Schedule 5 | 1.5% | 1% | 1% | 1.5% |
| Buckingham-shire County Council | 31.5% | 9% | 9% | 31.5% |
| East Sussex County Council | 26% | 9% | 9% | 26% |
| Hertfordshire County Council | 40% | 10% | 10% | 40% |
| Lancashire County Council where the billing authority is listed in Part 27 of Schedule 5 | 17.5% | 9% | 9% | 17.5% |
| Leicestershire County Council | 36.5% | 9% | 9% | 36.5% |
| Norfolk County Council | 32.5% | 10% | 10% | 32.5% |
| Northampton-shire County Council | 34% | 9% | 9% | 34% |
| North Yorkshire County Council | 21.5% | 9% | 9% | 21.5% |
| Somerset County Council | 30% | 9% | 9% | 30% |
| Staffordshire County Council | 34% | 9% | 9% | 34% |
| West Sussex County Council | 55% | 10% | 10% | 55% |
| Worcestershire County Council | 74% | 9% | 9% | 74%. |
F26Unless any of the following sub-paragraphs applies, the billing authority's share of any surplus or of any deficit for a relevant year is—
50% where the billing authority—
is a county council or a district council in an area for which there is no county council, and the authority is a fire and rescue authority; or
is the Council of the Isles of Scilly;
49% where the billing authority is a county council, or is a district council in an area for which there is no county council, and the authority is not a fire and rescue authority;
40% where the billing authority is a district council in an area for which there is a county council;
30% where the billing authority is a London borough council or the Common Council of the City of London.
For the relevant year beginning on 1st April 2018, for a billing authority listed in Parts 2 to 4 of Schedule 5, the billing authority’s share of any surplus or of any deficit for that year is calculated in accordance with the formula—
For the relevant year beginning on 1st April 2018, for a billing authority listed in Part 5 of Schedule 5, the billing authority’s share of any surplus or of any deficit for that year is calculated in accordance with the formula—
For the relevant year beginning on 1st April 2018, for a billing authority listed in Part 6 of Schedule 5, the billing authority’s share of any surplus or of any deficit for that year is calculated in accordance with the formula—
For a relevant year beginning on or after 1st April 2019, the billing authority’s share of any surplus or of any deficit for that year is—
for a billing authority listed in Parts 2 to 4 of Schedule 5, 99%;
for a billing authority listed in Part 5 of Schedule 5, 94%;
for a billing authority listed in Part 6 of Schedule 5, 100%.
For a billing authority listed in Parts 1, 7, 8, 9, 11, 12 and 14 to 22 of Schedule 5, its share of any surplus or of any deficit—
for the relevant year beginning on 1st April 2019, is calculated in accordance with the formula—
for the relevant year beginning on 1st April 2020, is calculated in accordance with the formula—
For a billing authority listed in Parts 23 to 39 of Schedule 5, its share of any surplus or of any deficit for the relevant year beginning on 1st April 2020 is calculated in accordance with the formula—
F31Unless Schedule 4B applies, for a billing authority listed in Parts 1, 7, 15, 16, 19, 20 or 23 to 39 of Schedule 5, its share of any surplus or of any deficit for the relevant year beginning on 1st April 2021 is calculated in accordance with the formula—
Where α and β are as determined in accordance with the table below—
Table
| Part of Schedule 5 in which billing authority is listed | Value of α | Value of β |
|---|---|---|
| 1 | 30% | 48% |
| 7, 16, 19, 26, 28, 33 or 36 | 49% | 74% |
| 15 or 32 | 40% | 52.5% |
| 20 or 34 | 50% | 75% |
| 23 or 30 | 40% | 42.5% |
| 24 or 35 | 40% | 44% |
| 25 | 40% | 35% |
| 27 | 40% | 56% |
| 29 | 40% | 37.5% |
| 38 | 40% | 20% |
| 39 | 40% | 0%. |
In this paragraph—
A is the surplus or deficit estimated for the relevant year beginning on 1st April 2018;
B is the amount mentioned in paragraph 1(3)(a);
C is the amount mentioned in paragraph 1(3)(e);
D is the amount mentioned in paragraph 1(4)(a);
E is the amount mentioned in paragraph 1(4)(g).
F32F is—
- (a)
49% where the relevant precepting authority is Derbyshire County Council;
- (b)
59% where the relevant precepting authority is Devon County Council or Kent County Council;
- (c)
50% where the relevant precepting authority is Gloucestershire County Council;
- (d)
40% where the relevant precepting authority is Lincolnshire County Council;
- (e)
20% where the relevant precepting authority is Suffolk County Council;
- (f)
70% where the relevant precepting authority is Surrey County Council;
- (a)
G is—
- (a)
9% where the relevant precepting authority is Derbyshire County Council, Devon County Council or Kent County Council;
- (b)
10% where the relevant precepting authority is Gloucestershire County Council, Lincolnshire County Council, Suffolk County Council or Surrey County Council;
- (a)
H is—
- (a)
9% where the relevant precepting authority is Derbyshire County Council, Devon County Council or Kent County Council;
- (b)
10% where the relevant precepting authority is Gloucestershire County Council, Lincolnshire County Council, Suffolk County Council or Surrey County Council;
- (a)
I is—
- (a)
49% where the relevant precepting authority is Derbyshire County Council;
- (b)
59% where the relevant precepting authority is Devon County Council or Kent County Council;
- (c)
50% where the relevant precepting authority is Gloucestershire County Council;
- (d)
40% where the relevant precepting authority is Lincolnshire County Council;
- (e)
20% where the relevant precepting authority is Suffolk County Council;
- (f)
70% where the relevant precepting authority is Surrey County Council;
- (a)
J is—
- (a)
64% for a billing authority listed in Part 1 of Schedule 5;
- (b)
99% for a billing authority listed in Parts 7, 9, 11, 14, 16, 18 and 19 of Schedule 5;
- (c)
50% for a billing authority listed in Parts 8 and 12 of Schedule 5;
- (d)
90% for a billing authority listed in Part 15 of Schedule 5;
- (e)
60% for a billing authority listed in Part 17 of Schedule 5;
- (f)
100% for a billing authority listed in Part 20 of Schedule 5;
- (g)
80% for a billing authority listed in Part 21 of Schedule 5;
- (h)
30% for a billing authority listed in Part 22 of Schedule 5;
- (a)
K is—
- (a)
30% for a billing authority listed in Part 1 of Schedule 5;
- (b)
49% for a billing authority listed in Parts 7, 9, 11, 14, 16, 18 and 19 of Schedule 5;
- (c)
40% for a billing authority listed in Parts 8, 12, 15, 17, 21 and 22 of Schedule 5;
- (d)
50% for a billing authority listed in Part 20 of Schedule 5;
- (a)
L is—
- (a)
F3348% for a billing authority listed in Part 1 of Schedule 5;
- (aa)
F3474% for a billing authority listed in Parts 7, 16, 19, 26, 28, 33 or 36 of Schedule 5;
- (b)
49% for a billing authority listed in Parts F359, 11, 14 and 18 of Schedule 5;
- (c)
40% for a billing authority listed in Parts 8, 12, F36... 17, 21 and 22 of Schedule 5;
- (ca)
F3752.5% for a billing authority listed in Parts 15 or 32 of Schedule 5;
- (d)
F3875% for a billing authority listed in Parts 20 or 34 of Schedule 5;
- (e)
F3942.5% for a billing authority listed in Parts 23 or 30 of Schedule 5;
- (f)
44% for a billing authority listed in Parts 24 or 35 of Schedule 5;
- (g)
35% for a billing authority listed in Part 25 of Schedule 5;
- (h)
56% for a billing authority listed in Part 27 of Schedule 5;
- (i)
37.5% for a billing authority listed in Part 29 of Schedule 5;
- (j)
20% for a billing authority listed in Part 38 of Schedule 5;
- (k)
F400% for a billing authority listed in Part 39 of Schedule 5;
- (a)
M is—
- (a)
64% for a billing authority listed in Part 1 of Schedule 5;
- (b)
99% for a billing authority listed in Parts 7, 9, 11, 14, 16, 18 and 19 of Schedule 5;
- (c)
50% for a billing authority listed in Parts 8 and 12 of Schedule 5;
- (d)
90% for a billing authority listed in Part 15 of Schedule 5;
- (e)
60% for a billing authority listed in Part 17 of Schedule 5;
- (f)
100% for a billing authority listed in Part 20 of Schedule 5;
- (g)
80% for a billing authority listed in Part 21 of Schedule 5;
- (h)
30% for a billing authority listed in Part 22 of Schedule 5.
- (a)
Annotations
Textual amendments
- F1
Words in Sch. 4 para. 2(1) substituted (30.3.2017) by The Non-Domestic Rating (Rates Retention) and (Levy and Safety Net) (Amendment) Regulations 2017 (S.I. 2017/496), regs. 1(2), 10(2)
- F2
Words in Sch. 4 para. 2(1) substituted (30.3.2018) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) Regulations 2018 (S.I. 2018/463), regs. 1(2), 9(2)
- F3
Words in Sch. 4 para. 2(1) substituted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(2)
- F4
Sch. 4 para. 2(1A)-(1D) inserted (30.3.2017) by The Non-Domestic Rating (Rates Retention) and (Levy and Safety Net) (Amendment) Regulations 2017 (S.I. 2017/496), regs. 1(2), 10(3)
- F5
Sch. 4 para. 2(1C) substituted (30.3.2018) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) Regulations 2018 (S.I. 2018/463), regs. 1(2), 9(3)
- F6
Sch. 4 para. 2(1E)-(1H) inserted (30.3.2018) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) Regulations 2018 (S.I. 2018/463), regs. 1(2), 9(4)
- F7
Formula in Sch. 4 para. 2(1F) substituted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(3)
- F8
Sch. 4 para. 2(1FA) inserted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(4)
- F9
Words in Sch. 4 para. 2(1G) substituted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(5)
- F10
Sch. 4 para. 2(1GA) inserted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(6)
- F11
Sch. 4 para. 2(1H)-(1J) substituted for Sch. 4 para. 2(1H) (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(7)
- F12
Words in Sch. 4 para. 2(1H) inserted (1.12.2020) by The Local Authorities (Collection Fund: Surplus and Deficit) (Coronavirus) (England) Regulations 2020 (S.I. 2020/1202), regs. 1, 5(4)(a)
- F13
Words in Sch. 4 para. 2(1I) inserted (1.12.2020) by The Local Authorities (Collection Fund: Surplus and Deficit) (Coronavirus) (England) Regulations 2020 (S.I. 2020/1202), regs. 1, 5(4)(a)
- F14
Words in Sch. 4 para. 2(2) substituted (30.3.2017) by The Non-Domestic Rating (Rates Retention) and (Levy and Safety Net) (Amendment) Regulations 2017 (S.I. 2017/496), regs. 1(2), 10(4)(a)
- F15
Words in Sch. 4 para. 2(2) substituted (30.3.2018) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) Regulations 2018 (S.I. 2018/463), regs. 1(2), 9(5)(a)
- F16
Words in Sch. 4 para. 2(2) substituted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(8)
- F17
Words in Sch. 4 para. 2(2) substituted (30.3.2018) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) Regulations 2018 (S.I. 2018/463), regs. 1(2), 9(5)(b)
- F18
Sch. 4 para. 2(2A)(2B) inserted (30.3.2017) by The Non-Domestic Rating (Rates Retention) and (Levy and Safety Net) (Amendment) Regulations 2017 (S.I. 2017/496), regs. 1(2), 10(5)
- F19
Sch. 4 para. 2(2A)(c)(d) inserted (30.3.2018) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) Regulations 2018 (S.I. 2018/463), regs. 1(2), 9(6)
- F20
Formula in Sch. 4 para. 2(2A)(d) substituted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(9)
- F21
Sch. 4 para. 2(2A)(e) inserted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(10)
- F22
Words in Sch. 4 para. 2(2A)(e) inserted (1.12.2020) by The Local Authorities (Collection Fund: Surplus and Deficit) (Coronavirus) (England) Regulations 2020 (S.I. 2020/1202), regs. 1, 5(4)(b)
- F23
Sch. 4 para. 2(2C)(2D) inserted (30.3.2018) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) Regulations 2018 (S.I. 2018/463), regs. 1(2), 9(7)
- F24
Sch. 4 para. 2(2E) inserted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(11)
- F25
Words in Sch. 4 para. 2(2E) inserted (1.12.2020) by The Local Authorities (Collection Fund: Surplus and Deficit) (Coronavirus) (England) Regulations 2020 (S.I. 2020/1202), regs. 1, 5(4)(c)
- F26
Words in Sch. 4 para. 2(3) substituted (30.3.2017) by The Non-Domestic Rating (Rates Retention) and (Levy and Safety Net) (Amendment) Regulations 2017 (S.I. 2017/496), regs. 1(2), 10(6)
- F27
Sch. 4 para. 2(3)(a) substituted (16.1.2017) by The Non-Domestic Rating (Rates Retention) (Amendment) Regulations 2016 (S.I. 2016/1268), regs. 1(2), 11
- F28
Sch. 4 para. 2(4)-(8) inserted (30.3.2017) by The Non-Domestic Rating (Rates Retention) and (Levy and Safety Net) (Amendment) Regulations 2017 (S.I. 2017/496), regs. 1(2), 10(7)
- F29
Sch. 4 para. 2(7A) inserted (30.3.2018) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) Regulations 2018 (S.I. 2018/463), regs. 1(2), 9(8)
- F30
Sch. 4 para. 2(7B)(7C) inserted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(12)
- F31
Words in Sch. 4 para. 2(7C) inserted (1.12.2020) by The Local Authorities (Collection Fund: Surplus and Deficit) (Coronavirus) (England) Regulations 2020 (S.I. 2020/1202), regs. 1, 5(4)(c)
- F32
Words in Sch. 4 para. 2(8) inserted (30.3.2018) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) Regulations 2018 (S.I. 2018/463), regs. 1(2), 9(9)
- F33
Word in Sch. 4 para. 2(8) substituted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(13)(a)(i)
- F34
Words in Sch. 4 para. 2(8) inserted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(13)(a)(ii)
- F35
Words in Sch. 4 para. 2(8) substituted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(13)(a)(iii)
- F36
Word in Sch. 4 para. 2(8) omitted (28.3.2019) by virtue of The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(13)(a)(iv)
- F37
Words in Sch. 4 para. 2(8) inserted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(13)(a)(v)
- F38
Words in Sch. 4 para. 2(8) substituted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(13)(a)(vi)
- F39
Words in Sch. 4 para. 2(8) inserted (28.3.2019) by The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019 (S.I. 2019/709), regs. 1(2), 9(13)(a)(vii)
- F40
Words in Sch. 4 para. 2(8)(k) inserted (27.11.2020) by The Non-Domestic Rating (Rates Retention, Levy and Safety Net and Levy Account: Basis of Distribution) (Amendment) Regulations 2020 (S.I. 2020/1357), regs. 1(2), 4