The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2001

• Citation: S.I. 2001/216
• Sections: 7

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2001 and shall come into force on 2nd February 2001.

(2) In these Regulations “the 1992 Act ” means the Local Government Finance Act 1992.

(3) These Regulations have effect in relation to the financial year beginning on 1st April 2001 and in relation to authorities in England only .

Section 2 Budget requirement (billing authorities)—calculation

Section 32 of the 1992 Act shall be read as if—

(a) in paragraph (e) of subsection (2) , for the words from “ pursuant to a direction under that subsection” to the end of that paragraph there were substituted the following—

either—

(i) pursuant to a direction under that subsection relating to the difference between amounts in respect of community charges credited and charged to a revenue account for any earlier financial year, or

(ii) pursuant to the Collection Fund (Council Tax Benefit) (England) Direction 2001 made by the Secretary of State under that subsection on 30th January 2001 .

(b) for subsection (12) there were substituted the following subsection—

(12) In this section and section 33 below—

“police grant” means so much of the grant payable in accordance with paragraph 3.1 of the relevant police grant report as excludes the amounts shown in column (b) of the Table set out below that paragraph;

“relevant special grant” means any of the following grants, that is to say—

the special grant payable in accordance with paragraphs 4 and 7 of the special grant report for England (Special Grant Report ( No. 72)) approved by a resolution of the House of Commons pursuant to section 88B of the 1988 Act on 31st January 2001; and

the special grant payable in accordance with paragraphs 5 and 8 of that special grant report; and

the special grant payable in accordance with paragraphs 6 and 9 of that special grant report;

and in this subsection “the relevant police grant report” means the police grant report (Police Grant Report (England and Wales) 2001/02) approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 31st January 2001.

Section 3 Basic amount of council tax (billing authorities)—calculation

Section 33(3) of the 1992 Act shall be read as if—

(a) there were substituted for the formula the following—

(b) there were added after the definition of the figure Z the following—

E is the same amount as it is in the direction mentioned in section 32(2)(e)(ii) above (being an amount representing the authority’s contribution to council tax benefit resulting from the increase in its council tax)

Section 4 Budget requirement (major precepting authorities other than the Greater London Authority)—calculation

Paragraph (a) of section 43(2) of the 1992 Act shall be read as if for the words from “other than expenditure which it estimates ” to the end of that paragraph there were substituted the following—

other than—

(i) expenditure which it estimates will be so incurred in pursuance of regulations under section 99(3) of the 1988 Act, and

(ii) expenditure which it estimates will be so incurred in making payments to billing authorities in accordance with section 31(3) of the Local Government Act 1999 ;

Section 5 Basic amount of council tax (major precepting authorities other than the Greater London Authority)—calculation

Section 44(3) of the 1992 Act shall be read as if—

(a) the word “and” at the end of paragraph (a) were omitted;

(b) there were added after paragraph (b) the following—

and

(c) reduced by the aggregate amount of any sums which the authority estimates will be paid by it in the year to billing authorities in accordance with section 31(3) of the Local Government Act 1999.

Section 6 Budget requirement (Greater London Authority)—calculation

Section 85 of the Greater London Authority Act 1999 shall be read as if after subsection (4) there were inserted the following subsection—

(4A) The expenditure aggregated under subsection (4) above shall not include expenditure which the Authority estimates will be incurred in making payments to billing authorities in accordance with section 31(3) of the Local Government Act 1999.

Section 7 Basic amount of council tax (Greater London Authority)—calculation

Section 89 of the Greater London Authority Act 1999 shall be read as if after subsection (6) there were inserted the following subsection—

(6A) The aggregate of the sums mentioned in item P2 in subsection (4) shall be reduced by the aggregate amount of any sums which the Authority estimates that it will pay in the year to billing authorities in accordance with section 31(3) of the Local Government Act 1999.