The Billing Authorities (Anticipation of Precepts) Regulations 1992

• Citation: S.I. 1992/3239
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Billing Authorities (Anticipation of Precepts) Regulations 1992 and shall come into force on 8th January 1993.

(2) In these Regulations—

“ the Act ” means the Local Government Finance Act 1992;

“calculations” means calculations made in accordance with section 32 of the Act.

Section 2 Anticipation of precepts

(1) A billing authority making calculations (originally or by way of substitute) for a financial year ( “the year”) may anticipate a precept to be issued in accordance with section 41 of the Act to it for the year by a local precepting authority in any case where—

(a) such a precept has not been issued by the local precepting authority to the billing authority at the time the calculations are made; and

(b) the local precepting authority has issued a precept for one or more of the three immediately preceding financial years.

(2) Subject to paragraph (3) below, where, pursuant to paragraph (1) above, the billing authority anticipates a precept to be issued by a local precepting authority for the year, the amount of the precept so anticipated shall be equal to the billing authority’s estimate, at the time the calculations (or last calculations) are made, of the amount of the precept which it considers likely will be issued to it for the year by the local precepting authority, provided that the amount anticipated shall not exceed the highest amount of any precept issued by the local precepting authority for any of the three immediately preceding financial years.

(3) Where a precept has previously been anticipated by the billing authority for the purposes of the calculations for the year, the amount of the precept which may be anticipated by the authority for the purposes of any substitute calculations for the year shall be equal to the amount previously anticipated.

Section 3 Payment of sums

Whether or not a billing authority making calculations (originally or by way of substitute) for a financial year anticipates a precept to be issued in accordance with section 41 of the Act to it for that year by a local precepting authority—

(a) where the local precepting authority issues such a precept to the billing authority, the billing authority shall pay to the local precepting authority a sum equal to the amount of the precept issued (or last issued); and

(b) where the local precepting authority does not issue such a precept to the billing authority, the billing authority shall not pay any sum to the local precepting authority in respect of such a precept.