The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005

• Citation: S.I. 2005/190
• Sections: 10

Section 1 Citation, commencement, application and interpretation

(1) These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2005 and shall come into force on 5th February 2005.

(2) These Regulations apply in relation to authorities in England only .

(3) These Regulations apply in relation to the financial year beginning on 1st April 2005, and regulation 2(a), (b)(i) and (d) also applies in relation to subsequent financial years.

(4) In these Regulations—

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

“the 1999 Act ” means the Greater London Authority Act 1999.

Section 2 Budget requirement (billing authorities) – calculation

Section 32 of the 1992 Act has effect as if—

(a) subsection (2)(a) were replaced by—

(a) the expenditure which the authority estimates that it will incur in the year in performing its functions and will charge to a revenue account, other than a BID Revenue Account, for the year (including any expenditure to be incurred by virtue of section 43(2)(a) of the Local Government Act 2003 or in paying any BID levy for which the authority is liable);

(b) in subsection (3)(a) the words—

(i) “BID levy or financial contribution made under section 43 of the Local Government Act 2003,” were inserted after the words “redistributed non-domestic rates,”;

(ii) “or relevant special grant” were omitted;

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

(12) In this section and section 33 below “police grant” means the grant payable in accordance with paragraph 3.1 of the Police Grant Report (England and Wales) 2005/06 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 2nd February 2005.

(d) there were then added after subsection (12)—

(13) In this section “BID levy” and “BID Revenue Account” shall have the meaning given in Part 4 of the Local Government Act 2003.

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

Section 33(1) of the 1992 Act has effect as if the words “or relevant special grant” in item P were omitted.

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

Section 43 of the 1992 Act has effect as if—

(a) in subsection (3)(a)(i) the words “relevant special grant” were omitted;

(b) for subsection (6A) , there were substituted the following subsection —

(6A) In this section and section 44 below, “police grant” has the meaning given by section 32(12) above.

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

Section 44(1) of the 1992 Act has effect as if the words “relevant special grant” in item P were omitted.

Section 6 Budget requirement (Greater London Authority) - calculation

Section 85(5)(a)(i) of the 1999 Act has effect as if the words “relevant special grant” were omitted.

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

Section 88 of the 1999 Act has effect as if —

(a) in subsection (2) in item P1 paragraph (e) were omitted;

(b) in subsection (4) paragraph (d) were omitted.

Section 8 Additional calculation: special item for part of Greater London

Section 89 of the 1999 Act has effect as if —

(a) in subsection (4) in item P2 paragraph (f) were omitted;

(b) in subsection (6) paragraph (e) were omitted.

Section 9 Interpretation of Chapter I of Part 3 of the 1999 Act

Section 99 of the 1999 Act has effect as if the definition of “relevant special grant” were omitted.

Section 10 Distribution of grants by the Greater London Authority

Section 102 of the 1999 Act has effect as if —

(a) in subsection (2) paragraph (c) were omitted;

(b) subsection (8) were omitted.