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Statutory Instruments made by the National Assembly for Wales
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Statutory Instruments
2012 No. 521 (W.82)
LOCAL GOVERNMENT, WALES
The Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2012
Made
22 February 2012
Laid before the National Assembly for Wales
27 February 2012
Coming into force
28 February 2012
Title, commencement, application and interpretation
1.-(1) The title of these Regulations is The Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2012 and they come into force on 28 February 2012.
(2) These Regulations apply in relation to authorities in Wales.
(3) Regulations 2 to 5 apply in relation to the financial year beginning on 1 April 2012.
(4) In these Regulations "the 1992 Act" ("Deddf 1992") means the Local Government Finance Act 1992.
Calculation of budget requirement (billing authorities)
2. Section 32 of the 1992 Act has effect as if-
(a)in subsection (3)(a)(3) the words "or relevant special grant" were omitted; and
(b)after subsection (12) the following subsection were inserted(4)-
"(12A) In this section and section 33 below-
(a)references to sums payable for the financial year in respect of redistributed non-domestic rates are references to sums so payable in accordance with the Local Government Finance Report (No.1) 2012-2013 (Final Settlement-Councils) approved by resolution of the National Assembly for Wales pursuant to section 84H(2)(5) of, and paragraph 11B(1)(6) of Schedule 8 to, the Local Government Finance Act 1988 on 10 January 2012; and
(b)references to sums payable for the financial year in respect of revenue support grant are references to sums so payable in accordance with that report."
Calculation of basic amount of council tax (billing authorities)
3. Section 33(1) of the 1992 Act(7) has effect as if in item P the words "or relevant special grant" were omitted.
Calculation of budget requirement (major precepting authorities)
4. Section 43 of the 1992 Act has effect as if-
(a)in subsection (3)(a)(i)(8)-
(i)the words "relevant special grant" were omitted; and
(ii)the words "floor funding" were inserted before "or police grant;"; and
(b)after subsection (6B) the following subsections were inserted(9)-
"(6C) In this section and section 44 below-
(a)references to sums payable for the financial year in respect of redistributed non-domestic rates are references to sums so payable in accordance with the Local Government Finance Report (No.2) 2012-2013 (Final Settlement-Police Authorities) approved by resolution of the National Assembly for Wales pursuant to section 84H(2) of, and paragraph 11B(1) of Schedule 8 to, the Local Government Finance Act 1988 on 21 February 2012; and
(b)references to sums payable for the financial year in respect of revenue support grant are references to sums so payable in accordance with that report.
(6D) In this section and section 44 below "floor funding" means grant payable to a major precepting authority by the Secretary of State in addition to the police grant referred to in subsection (6A)."
Calculation of basic amount of council tax (major precepting authorities)
5. Section 44(1) of the 1992 Act(10) has effect as if in item P-
(a)the words "relevant special grant" were omitted; and
(b)the words "floor funding" were inserted before "or police grant;".
Amendment of section 32(5)(b) of the 1992 Act
6. In section 32(5)(b) of the 1992 Act(11), for "Secretary of State" substitute "Welsh Ministers".
Carl Sargeant
Minister for Local Government and Communities, one of the Welsh Ministers
22 February 2012
Explanatory Note
(This note is not part of the Regulations)
Sections 32 and 43 of the Local Government Finance Act 1992 ("the 1992 Act") set out respectively how a billing authority and a major precepting authority are to calculate their budget requirements for a financial year. Sections 33 and 44 of that Act set out respectively how a billing authority and a major precepting authority are to calculate the basic amount of their council tax.
Regulations 2 to 5 make amendments for the financial year beginning on 1 April 2012.
Regulations 2(a), 3, 4(a)(i) and 5(a) of these Regulations omit references to "relevant special grant" from sections 32, 33, 43 and 44 of the 1992 Act since no special grants are being defined as relevant special grants for the financial year beginning on 1 April 2012.
Regulations 2(b) and 4(b) insert the definitions of sums payable in respect of redistributed non-domestic rates and revenue support grant in sections 32 and 43 of the 1992 Act. The purpose is to ensure that the amounts of redistributed non-domestic rates and revenue support grant excluded from the budget requirement calculation in those sections relate only to such amounts payable under the respective Local Government Finance Reports for the financial year beginning on 1 April 2012. The same definitions also apply to sections 33 and 44 of the 1992 Act. Regulation 4(b) also defines "floor funding" in section 43 by inserting subsection (6D) for the financial year beginning on 1 April 2012.
Regulations 4(a)(ii) and 5(b) further amend sections 43 and 44 of the 1992 Act, such that major precepting authorities in Wales must take into account any floor funding received from the Secretary of State for the financial year beginning on 1 April 2012 when making the required calculation for that year.
Regulation 6 amends section 32(5)(b) of the 1992 Act by substituting the words "Welsh Ministers" for "Secretary of State".
1992 c. 14. Section 32(9) was amended by paragraph 4 of Schedule 12 to the Local Government (Wales) Act 1994 (c. 19) and by paragraph 10(10) of Schedule 7 to the Localism Act 2011 (c. 20). Sections 33(4), 43(7) and 44(4) were amended by, respectively, paragraphs 11(6), 20(8) and 21(5) and (6) of Schedule 7 to the Localism Act 2011. Schedule 7 to the Localism Act 2011 came into force on 3 December 2011 (see article 2(i) of S.I. 2011/2896). Section 113(2) was amended by paragraph 52 of Schedule 7 to the Local Government Act 2003 (c. 26).
These functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales under article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and subsequently to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).
Section 32(3)(a) was amended by paragraph 4 of Schedule 12 to the Local Government (Wales) Act 1994, the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1994 (S.I. 1994/246) and the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1995 (S.I. 1995/234). It was modified in relation to the financial year 2011-2012 by regulation 2(a) of the Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2011 (S.I. 2011/446 (W.67)). It was also amended by paragraph 10(5) of Schedule 7 to the Localism Act 2011.
Section 32 was also modified by regulation 2(b) of S.I. 2011/446 (W.67) to have effect as if a new subsection (12A) were inserted in relation to the financial year 2011-2012.
1988 c. 41; section 84H was substituted (for section 84H as inserted by section 40(1) of, and Schedule 2 to, the Local Government Act 2003 (c. 26)) by article 3 of, and Schedule 1 to, the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388).
Paragraph 11B(1) was substituted (for paragraph 11B(1) as inserted by section 40(1) of, and Schedule 2 to, the Local Government Act 2003) by article 3 of, and Schedule 1 to, S.I. 2007/1388.
Section 33(1) was amended by paragraph 5(2) of Schedule 12 to the Local Government (Wales) Act 1994, S.I. 1994/246 and S.I. 1995/234. It was modified in relation to the financial year 2011-2012 by regulation 3 of S.I. 2011/446 (W.67). It was also amended by paragraph 11(3) of Schedule 7 to the Localism Act 2011.
Section 43(3)(a) was amended by S.I. 1994/246 and S.I. 1995/234. It was modified in relation to the financial year 2011-2012 by regulation 4(a) of S.I. 2011/446 (W.67). It was also amended by paragraph 20(5) of Schedule 7 to the Localism Act 2011.
Section 43 was modified by regulation 4(b) of S.I. 2011/446 (W.67) to have effect as if new subsections (6E) and (6F) were inserted after subsection (6D) in relation to the financial year 2011-2012. Subsections (6A) and (6B) were substituted for subsections (6A) to (6D) by paragraph 20(7) of Schedule 7 to the Localism Act 2011.
Section 44(1) was amended by S.I. 1994/246 and S.I. 1995/234. It was modified by regulation 5 of S.I. 2011/446 (W.67) in relation to the financial year 2011-2012. It was also amended by paragraph 21(3) of Schedule 7 to the Localism Act 2011.
Section 32(5) was substituted by paragraph 10(7) of Schedule 7 to the Localism Act 2011.