The Local Government Finance (Payments) (English Authorities) Regulations 1992

• Citation: S.I. 1992/2996
• Sections: 5

Section 1

These Regulations may be cited as the Local Government Finance (Payments) (English Authorities) Regulations 1992 and shall come into force on 1 April 1993.

Section 2

(1) Paragraphs (2) to (4) apply in any case where–

(a) the Secretary of State is liable to pay to an English receiving authority at any time an amount or amounts under one or more of the first relevant provisions, and

(b) that authority is liable to pay to him at the same time an amount or amounts under one or more of the second relevant provisions.

(2) If the total of the amount or amounts mentioned in paragraph (1)(a) above exceeds the total of the amount or amounts mentioned in paragraph (1)(b) above, the Secretary of State may set off the latter in paying the former.

(3) If the total of the amount or amounts mentioned in paragraph (1)(b) above exceeds the total of the amount or amounts mentioned in paragraph (1)(a) above, the receiving authority shall set off the latter in paying the former.

(4) If the total of the amount or amounts mentioned in paragraph (1)(a) above is the same as the total of the amount or amounts mentioned in paragraph (1)(b) above, no payment need be made in respect of the former or the latter.

Section 3

(1) Where the Secretary of State exercises his powers under paragraph (2) of regulation 2, any liability of the receiving authority which has been set off in accordance with that paragraph, and the part of the liability of the Secretary of State against which that liability has been set off, shall be treated as discharged.

(2) Where a receiving authority sets off any amount in accordance with paragraph (3) of regulation 2, any liability of the Secretary of State which is set off in accordance with that paragraph, and the part of the liability of the authority against which that liability has been set off, shall be treated as discharged.

(3) Where in accordance with regulation 2(4) no payment is made by the Secretary of State or the receiving authority, their respective liabilities which are taken into account shall be treated as discharged.

Section 4

(1) The provisions of the Local Government Finance Act 1988 (“ the Act ”) prescribed below shall be read subject to these Regulations–

section 79(2) and (3)

section 83(1) to (5)

section 84C

section 86(2) and (3)

paragraph 5(4), (5), (7), (9), (10)(b) and (14) of Schedule 8

paragraph 12 of Schedule 8

paragraph 15 of Schedule 8.

(2) The provisions of paragraph 2 of Schedule 8 to the Act shall be read as if references to sums received or payments made were to sums or payments which would have been received or made apart from these Regulations.

Section 5

The Local Government Finance (Payments) (English Authorities) Regulations 1990 are hereby revoked.