SCHEDULES

Section 7(3).

SCHEDULE 1E+W Rates and Precepts: Transitional Provisions

1E+WThe following provisions of this Schedule apply where before the passing of this Act and whether before or after 1st April 1982—

(a)a rating authority or precepting authority has made or issued—

(i)a supplementary rate or supplementary precept for or in respect of a period beginning on or after that date; or

(ii)a rate or precept for or in respect of any such period other than a financial year; or

(b)a rating authority has made a rate (other than a supplementary rate or rate falling within sub-paragraph (a) above) by reference to a supplementary precept or precept falling within that sub-paragraph.

2E+WNo rate or precept shall by virtue of section 3 of this Act be substituted for a supplementary rate or precept falling within paragraph 1(a)(i) above.

3E+WWhere a rating authority has made a supplementary rate falling within paragraph 1(a)(i) above any sum paid by a ratepayer to the rating authority in respect of the supplementary rate (or so much of any sum so paid in respect of rates generally as is attributable to the supplementary rate)—

(a)shall be repaid if the ratepayer so requires; or

(b)if repayment is not required shall, as the rating authority may determine, either be repaid to him or credited against any liability of his for rates in respect of the hereditament in question.

4E+WWhere a person as tenant or licensee of any premises—

(a)is liable to make payments (whether as part of his rent or otherwise) which vary or may vary according to the rates chargeable in respect of those premises; or

(b)is entitled to make deductions from his rent in respect of those rates.

he shall, where a rating authority has made a supplementary rate falling within paragraph 1(a)(i) above which affects those premises, be entitled to recover or, as the case may be, liable to make good any payment or deduction which he would not have been liable or entitled to make if that rate had not been made; and any sum which he is entitled to recover as aforesaid may, without prejudice to any other method of recovery, be deducted by him from any rent payable by him to the person by whom that sum was received.

5E+WWhere a precepting authority has issued a supplementary precept falling within paragraph 1(a)(i) above any sum paid to that authority in respect of the precept shall be repaid if the authority to which the precept was issued so requires or, if repayment is not required, credited or otherwise dealt with as may be agreed between those authorities.

6E+WA rating or precepting authority which has made a rate or issued a precept falling within paragraph 1(a)(ii) above shall under section 3 of this Act make a rate or issue a precept in substitution for that rate or precept as if it were a rate or precept for a financial year but the estimated product of that rate or precept shall for the purposes of subsection (2) of that section be adjusted in such manner as the Secretary of State may direct.

7(1)A rating authority which has made a rate falling within paragraph 1(b) above shall under section 3 of this Act make a rate in substitution for the rate falling within that paragraph.E+W

(2)Where the precept by reference to which the original rate was made fell within paragraph 1(a)(i) above, the estimated product of the original rate shall for the purposes of subsection (2) of that section be calculated without reference to the precept.

(3)Where the precept by reference to which the original rate was made fell within paragraph 1(a)(ii) above—

(a)the rate substituted under the said section 3 shall be made by reference to the precept substituted pursuant to paragraph 6 above; and

(b)the estimated product of the original rate shall for the purposes of subsection (2) of that section be adjusted in such manner as the Secretary of State may direct.

(4)Where the precept by reference to which the original rate was made fell within paragraph 1(a)(ii) above and was issued under section 150(4) of the M1Local Government Act 1972 (expenses of parish and community councils) sub-paragraph (1) above shall not require the rating authority to make a substituted rate unless it considers that a substituted rate will be required for meeting the precept substituted pursuant to paragraph 6 above.

8(1)Where a rating authority has made a supplementary rate falling within paragraph 1(a)(i) above by reference to a supplementary precept falling within that provision it shall be entitled to recover from the precepting authority—E+W

(a)its administrative expenses in making repayments or allowing credits under paragraph 3 above in respect of the supplementary rate; and

(b)its rate collection expenses in respect of that rate.

(2)Where a rating authority has made a rate falling within sub-paragraph (a)(ii) or (b) of paragraph 1 above by reference to a supplementary precept or precept falling within sub-paragraph (1)(a) of that paragraph it shall be entitled to recover from the precepting authority—

(a)its administrative expenses in making repayments or allowing credits under section 3(5) and (6) of this Act in respect of that rate; and

(b)any increase attributable to paragraph 6 or 7(1) above in its rate collection expenses for the financial year.

9E+WIn this Schedule any expression which is also used in Part I of this Act has the same meaning as in that Part.

Section 10.

SCHEDULE 2E+W Block Grant: Receiver for the Metropolitan Police District

InterpretationE+W

1(1)In this Schedule—E+W

• “gross rateable value”, in relation to the Metropolitan Police District, means the aggregate of the rateable values of the hereditaments in that District;

• “the principal Act” means the M2Local Government, Planning and Land Act 1980;

• “rateable values”, in relation to hereditaments in that District, means, subject to sub-paragraphs (2) and (3) below, rateable values ascribed to them in the valuation lists on a date to be specified in each year in the Rate Support Grant Report;

• “the Receiver” means the Receiver for the Metropolitan Police District;

• “Receiver’s grant-related poundage” means a poundage [F1calculated] by the Secretary of State and related—

  (a) to a given ratio between the Receiver’s total expenditure and the Receiver’s grant-related expenditure; or

  (b) to a given difference between his total expenditure divided by the population of the Metropolitan Police District and his grant-related expenditure so divided;

• “Receiver’s total expenditure” means that part of the Receiver’s expenditure for a year which falls to be defrayed out of the Metropolitan Police Fund and which is not met by any such grant as is mentioned in section 54(7)(a) or (b) of the principal Act but reduced by the amount of any payments of such descriptions as the Secretary of State may specify which fall to be paid for that year into the Metropolitan Police Fund;

• “Receiver’s grant-related expenditure” means a sum determined by the Secretary of State as being the aggregate for the year of the Receiver’s notional expenditure having regard to his functions.

(2)The reference to hereditaments in the definition of “rateable values” in sub-paragraph (1) above includes a reference to a notional hereditament which a body is treated as occupying by virtue of any enactment.

(3)A Rate Support Grant Report may provide that for the year to which it relates the rateable values of hereditaments in the Metropolitan Police District falling within any class of hereditaments shall be ascertained for the purposes of this Schedule otherwise than by reference to the values ascribed to them in the valuation lists.

Payment of block grantE+W

2E+WIn section 53(1) and (8) of the principal Act, so far as relating to block grant, references to local authorities or a local authority shall include references to the Receiver.

3E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Calculation of block grantE+W

4(1)The amount of block grant payable to the Receiver is to be calculated by deducting from the Receiver’s total expenditure for the year the product arrived at by multiplying the Receiver’s grant-related poundage by the gross rateable value of the Metropolitan Police District.E+W

(2)Sub-paragraph (1) above has effect subject to subsection (7) of section 56 of the principal Act in which the reference to a local authority shall include a reference to the Receiver.

Adjustment of distribution of block grantE+W

5(1)Subject to the following provisions of this paragraph, the Secretary of State may provide in a Rate Support Grant Report that the amount of block grant payable to the Receiver for a year shall be calculated by deducting from his total expenditure, instead of the product of his grant-related poundage and the gross rateable value of the Metropolitan Police District, the product of those sums multiplied by a multiplier determined by the Secretary of State.E+W

(2)[F3In paragraph (b) of subsection (6) of section 59 of the principal Act references to a local authority shall include references to the Receiver and the power conferred by this paragraph may only be exercised—

(a)for the purposes specified in paragraph (b), (c) or (d) of that subsection or in section 2(2) of the Rate Support Grants Act 1986;]; or

(b)for the purpose of preventing or limiting any change in the amount of block grant payable to the Receiver that would otherwise result from [F4any re-calculation of his grant-related poundage on fresh principles specified] in a supplementary report made under section 61 of the principal Act.

[F5(2A)A multiplier determined under this paragraph may be subject to a maximum determined by the Secretary of State.]

(3)In Section 8(3) and (7) of this Act references to section 59 of the principal Act and to a local authority shall include references to this paragraph and to the Receiver.

(4)If the Secretary of State exercises the power conferred by this paragraph the principles on which he exercises it shall, subject to section 8(9) of this Act, be specified in the Rate Support Grant Report.

Rate Support Grant ReportsE+W

6E+WIn subsection (6)(a) of section 60 of the principal Act the reference to Part VI of that Act shall include a reference to this Schedule and in subsection (9) of that section the reference to a local authority shall include a reference to the Receiver.

Supplementary ReportsE+W

7E+WIn the application of section 61 of the principal Act to the Receiver’s grant-related poundage and the Receiver’s grant-related expenditure subsection (5) shall be omitted.

Adjustment of block grant totalE+W

8(1)In subsections (1) and (2) of section 62 of the principal Act references to a local authority or local authorities shall include references to the Receiver.E+W

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

9E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Estimates and calculationsE+W

10E+WIn section 66 of the principal Act, so far as relating to block grant, references to a local authority shall include references to the Receiver.

F8SCHEDULE 3E+W

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SCHEDULE 4E+W . . . F21

F22Schedule 5E+W

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Section 38.

Schedule 6E+W Repeals

Part IE+W

Part IIE+W

Part IIIE+W

F28Part IVU.K.