The Billing Authorities (Anticipation of Precepts) (Amendment) Regulations 1995

• Citation: S.I. 1995/235
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Billing Authorities (Anticipation of Precepts) (Amendment) Regulations 1995 and shall come into force on 23rd February 1995.

(2) In these Regulations—

“the Act” and “calculations” have the meaning given in regulation 1(2) of the principal Regulations ; and

“the principal Regulations” means the Billing Authorities (Anticipation of Precepts) Regulations 1992 .

(3) Regulation 3 of the principal Regulations is hereby revoked.

Section 2 Anticipation of precepts

(1) In regulation 2(2) of the principal Regulations after the words “preceding financial years” there shall be inserted the words—

increased or decreased in proportion to the difference between the retail prices index for September of the financial year preceding that in respect of which the calculations are made (“the prior year”) and the retail prices index for September of the year preceding the prior year

(2) In regulation 2 of the principal Regulations there shall be added the following—

(4) References in paragraph (2) above to the retail prices index are references to the general index of retail prices (for all items) published by the Department of Employment or, if that index is not published for any month, to any substituted index or index figures published by that Department.

Section 3 Payment of sums

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

(a) if the precept is first issued before 1st March in the preceding year, or before the billing authority has completed its original calculations for the financial year, which ever is the later, the billing authority shall pay to the local precepting authority a sum equal to the amount of the precept issued (or last issued);

(b) if the precept is first issued on or after 1st March in the preceding year and after the billing authority has completed its original calculations for the financial year, the billing authority shall pay to the local precepting authority a sum equal to the amount which is the lower of the precept issued (or last issued) by it and the highest amount which the billing authority could have anticipated in respect of a precept to be issued by the local precepting authority for that financial year under regulation 2 of the principal Regulations as amended by these Regulations.