Local Government Finance Act 1988

Part VE+W Grants

[F1Chapter 1E+WGeneral]

76 Interpretation.E+W

(1)This section applies for the purposes of this Part.

F2[(2)A receiving authority is any billing authority or major precepting authority.]

(4)A specified body is any body which provides services for local authorities and is specified in regulations made by the Secretary of State under this subsection; but a body is not a specified body as regards a financial year unless the regulations specifying it are in force before the year begins.

(5)Before exercising the power to make regulations under subsection (4) above the Secretary of State shall consult such representatives of local government as appear to him to be appropriate.

(6)Any regulations made under section 2(7) of the M1Local Government Act 1974 or section 56(9) of the M2Local Government, Planning and Land Act 1980 shall have effect for the purposes of subsection (4) above as if they had been made under it.

[F3(7)“The Assembly” means the National Assembly for Wales.]

IntroductionE+W

77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W

[F5Chapter 2E+W Revenue support grant: England]

[F6IntroductoryE+W

77AApplication of Chapter 2E+W

This Chapter applies only in relation to England.]

Revenue support grantE+W

78 Revenue support grant.E+W

[F7(1)The Secretary of State may pay a grant (to be called revenue support grant) in accordance with this Chapter for a chargeable financial year—

(a)to receiving authorities,

(b)to specified bodies, or

(c)to both.]

(2)For each chargeable financial year [F8for which revenue support grant is to be paid] the Secretary of State shall make a determination under this section.

(3)A determination shall state—

(a)the amount of the grant for the year,

[F9(aa)whether the Secretary of State proposes to pay grant to receiving authorities,]

(b)[F10if so,] what amount of the grant he proposes to pay to receiving authorities,

[F11(ba)whether the Secretary of State proposes to pay grant to specified bodies,] and

(c)[F12if so,] what amount of the grant he proposes to pay to each specified body.

(4)Different amounts may be stated under subsection (3)(c) above in relation to different specified bodies.

(5)Before making a determination the Secretary of State shall—

(a)consult such representatives of local government as appear to him to be appropriate, and

(b)obtain the Treasury’s consent.

F13(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78A[F14Requirement to specify determination in local government finance report].E+W

(1)A determination under section 78 above shall be specified in [F15the local government finance report for the year (as to which, see paragraph 5 of Schedule 7B)].

(2)[F16If the determination provides for grant to be paid to receiving authorities, the report] shall also specify the basis (the basis of distribution) on which the Secretary of State proposes to distribute among receiving authorities the amount of revenue support grant which under this [F17Chapter] falls to be paid to such authorities for the financial year to which the report relates (the financial year concerned).

(3)Before making [F18a report to which subsection (2) applies] the Secretary of State shall notify to such representatives of local government as appear to him to be appropriate the general nature of the basis of distribution.

F19(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79 Effect of report’s approval.E+W

(1)This section applies where in accordance with [F20sections 78 and 78A] above a determination as regards revenue support grant has been made for a financial year and specified in a report which has been laid before the House of Commons.

(2)If the report is approved by resolution of the House of Commons the Secretary of State shall pay the amount stated in the determination as the amount of the revenue support grant for the year.

(3)[F21If the determination provides for grant to be paid to receiving authorities, the Secretary of State] shall pay to receiving authorities the amount stated in the determination under section 78(3)(b) above, and[F22, if the determination provides for grant to be paid to specified bodies, the Secretary of State] shall pay to specified bodies the aggregate of the amounts stated in the determination under section 78(3)(c) above.

(4)[F23Any amount] falling to be paid to receiving authorities shall be distributed among and paid to them in accordance with [F24sections 82 and 83 below].

(5)[F25Any amount] to be paid to a particular specified body shall be the amount stated in relation to it under section 78(3)(c) above.

(6)Where a sum falls to be paid to a specified body by way of revenue support grant it shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State determines with the Treasury’s consent; and any such time may fall within or after the financial year concerned.

F2680. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2781. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F2882 Calculation of sums payable.E+W

[F29(A1)This section applies if—

(a)in accordance with sections 78 and 78A above a determination as regards revenue support grant has been made for a financial year and specified in a report which has been laid before the House of Commons,

(b)the determination provides for grant to be paid to receiving authorities, and

(c)the report is approved by resolution of the House of Commons.]

(1)As soon as is reasonably practicable after [F30the report has been approved], the Secretary of State shall calculate what sum, if any, falls to be paid to each receiving authority by way of revenue support grant for the year in accordance with the basis of distribution specified in the report as so approved.

(2)Subject to subsection (3) below, after making a calculation under subsection (1) above the Secretary of State may, at any time before the end of the financial year following the financial year concerned, make one further calculation of what sum, if any, falls to be paid to each receiving authority by way of revenue support grant for the year in accordance with the basis of distribution so specified.

(3)The power to make a calculation under subsection (2) above shall not be exercisable after the approval by resolution of the House of Commons of any amending report made under section 84A below in relation to the local government finance report.

(4)If the Secretary of State decides that he will leave out of account information received by him after a particular date in making a calculation under subsection (1) or (2) above the calculation shall be made accordingly, and he may decide different dates for different kinds of information.

(5)Subsection (4) above applies only if the Secretary of State informs each receiving authority in writing of his decision and of the date (or the dates and kinds of information) concerned; but he may do this at any time before the calculation is made under this section (whether before or after a determination is made for the year under section 78 above).

(6)As soon as is reasonably practicable after making a calculation under subsection (1) or (2) above the Secretary of State shall, subject to subsection (7) below, inform each receiving authority of the sum he calculates falls to be paid to it by way of revenue support grant for the year.

(7)If the Secretary of State calculates in the case of a particular receiving authority that no sum falls to be paid to it as mentioned in subsection (6) above, he shall inform the receiving authority of that fact.]

83 Payment of sums. E+W

(1)Where a calculation is made under section 82(1) above the Secretary of State shall pay to each receiving authority any sum calculated as falling to be paid to it.

(2)The sum shall be paid in instalments of such amounts, and at such times in the financial year concerned, as the Secretary of State determines with the Treasury’s consent.

(3)Where a calculation is made under section 82(2) above and the sum it shows as falling to be paid to a receiving authority exceeds that shown as falling to be paid to it by the calculation for the financial year concerned under section 82(1) above, the Secretary of State shall pay to the authority a sum equal to the difference.

(4)The sum shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State determines with the Treasury’s consent; but any such time must fall after the end of the financial year concerned.

(5)Where a calculation is made under section 82(2) above and the sum it shows as falling to be paid to a receiving authority is less than that shown as falling to be paid to it by the calculation for the financial year concerned under section 82(1) above, a sum equal to the difference shall be paid by the authority to the Secretary of State on such day after the end of the financial year concerned as he may specify; and if it is not paid on or before that day it shall be recoverable in a court of competent jurisdiction.

F3184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F32Revenue support grant: amending reportsE+W

84A Amending reports.E+W

(1)Subject to subsection (6) below, after a local government finance report [F33that contains a determination under section 78 above] has been made the Secretary of State may, at any time before the end of the financial year following the financial year concerned, make in relation to the report one or more amending reports under this section.

(2)An amending report under this section shall contain amendments to the basis of distribution specified in the local government finance report.

(3)Before making the report the Secretary of State shall notify to such representatives of local government as appear to him to be appropriate the general nature of the amendments which he proposes to make.

(4)The report shall be laid before the House of Commons.

(5)As soon as is reasonably practicable after the report is laid before the House of Commons, the Secretary of State shall send a copy of it to each receiving authority.

(6)Where an amending report under this section has been approved by resolution of the House of Commons, the Secretary of State may not make a subsequent amending report under this section in relation to the same local government finance report.

84B Calculation of sums payable under amending reports.E+W

(1)As soon as is reasonably practicable after an amending report made under section 84A above has been approved by resolution of the House of Commons, the Secretary of State shall calculate what sum, if any, falls to be paid to each receiving authority by way of revenue support grant for the financial year concerned in accordance with the basis of distribution specified in the local government finance report as amended by the amending report.

(2)Subject to subsection (3) below, after making a calculation under subsection (1) above the Secretary of State may make one further calculation of what sum, if any, falls to be paid to each receiving authority by way of revenue support grant for the year in accordance with that basis of distribution.

(3)A calculation may not be made under subsection (2) above after whichever is the later of—

(a)the end of the financial year following the financial year concerned, and

(b)the end of the period of 3 months beginning with the day on which the amending report is approved by resolution of the House of Commons.

(4)Subsections (4) to (7) of section 82 above apply in relation to calculations made under subsections (1) and (2) above as they apply in relation to calculations made under subsections (1) and (2) of that section.

84C Payment of sums under amending reports.E+W

(1)This section applies where a calculation (the relevant calculation) is made under section 84B(1) or (2) above in relation to an amending report.

(2)Where the sum shown by the relevant calculation as falling to be paid to a receiving authority for the financial year concerned exceeds that shown as falling to be paid to it by the relevant previous calculation, the Secretary of State shall pay to the authority a sum equal to the difference.

(3)The sum shall be paid at such times, or in instalments of such amounts and at such times, as the Secretary of State determines with the Treasury’s consent; but any such time must fall after the end of the financial year in which the amending report was made.

(4)Where the sum shown by the relevant calculation as falling to be paid to a receiving authority for the financial year concerned is less than that shown as falling to be paid to it by the relevant previous calculation, a sum equal to the difference shall be paid by the authority to the Secretary of State.

(5)The sum shall be paid on such day after the end of the financial year in which the amending report was made as the Secretary of State may specify; and if it is not paid on or before that day it shall be recoverable in a court of competent jurisdiction.

(6)In this section “the relevant previous calculation” means—

(a)in relation to a calculation made under section 84B(1) above, the calculation under section 82(1) above or, where a further calculation has been made under section 82(2) above, that further calculation;

(b)in relation to a calculation made under section 84B(2) above, the calculation made under section 84B(1) above.]

[F34Chapter 3E+WRevenue Support Grant: Wales

84DApplication of Chapter 3E+W

This Chapter applies only in relation to Wales.

84ERevenue support grant: WalesE+W

(1)The [F35Welsh Ministers] shall pay a grant for each financial year to—

(a)receiving authorities, and

(b)specified bodies.

(2)Grant under this section shall be known as revenue support grant.

(3)Revenue support grant shall be payable in accordance with this Chapter.

84FDetermination of grantE+W

(1)The [F36Welsh Ministers] shall for each financial year make—

(a)a determination under subsection (2), or

(b)a determination under each of subsections (3) and (4).

(2)A determination under this subsection shall state—

(a)the total amount of revenue support grant for the year,

(b)the amount of the grant the [F37Welsh Ministers propose] to pay to receiving authorities, and

(c)the amount of the grant the [F38Welsh Ministers propose] to pay to each specified body.

(3)A determination under this subsection shall state—

(a)the total amount of revenue support grant for the year for—

(i)receiving authorities other than [F39police and crime commissioners], and

(ii)specified bodies,

(b)the amount of the grant the [F40Welsh Ministers propose] to pay to receiving authorities that are not [F39police and crime commissioners], and

(c)the amount of the grant the [F41Welsh Ministers propose] to pay to each specified body.

(4)A determination under this subsection shall state the total amount of revenue support grant for the year for [F39police and crime commissioners].

(5)Before making a determination under this section, the [F42Welsh Ministers] shall consult such representatives of local government as appear to [F43the Welsh Ministers] to be appropriate.

(6)Different amounts may be stated under subsection (2)(c) or (3)(c) in relation to different specified bodies.

F44(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84GLocal government finance reportsE+W

(1)The [F45Welsh Ministers] shall specify a determination under section 84F in a report, to be called a local government finance report.

(2)A local government finance report shall also specify the basis on which the [F46Welsh Ministers propose] to distribute among the receiving authorities to which the report relates the amount stated under section 84F(2)(b) or, as the case may be, section 84F(3)(b) or (4).

(3)Before making a report under this section, the [F47Welsh Ministers] shall notify the general nature of the basis of distribution proposed to be specified in the report to such representatives of local government as appear to [F48them] to be appropriate.

(4)A report made under this section shall be [F49laid before] the Assembly.

[F50(5)As soon as is reasonably practicable after a report is laid before the Assembly under subsection (4), the Welsh Ministers shall send a copy of the report to each of the receiving authorities to which the report relates.]

[F5184HEffect of report’s approvalE+W

(1)This section applies where in accordance with sections 84F and 84G a determination as regards revenue support grant has been made for a financial year and specified in a report which has been laid before the Assembly.

(2)If the report is approved by resolution of the Assembly the Welsh Ministers shall pay the amount stated in the determination as the amount of revenue support grant for the year.

(3)The amount of revenue support grant to be paid to receiving authorities in accordance with subsection (2) shall be distributed among, and paid to, them in accordance with sections 84J and 84K.

(4)The amount of revenue support grant to be paid to a specified body in accordance with subsection (2) shall be paid at such time, or in instalments of such amounts and at such times, as the Welsh Ministers may determine.

(5)The time of payment under subsection (4) may be during or after the financial year for which the grant is payable.]

[F5284Jcalculation of grant payable to receiving authoritiesE+W

(1)As soon as is reasonably practicable after a local government finance report for a financial year has been approved by resolution of the Assembly, the Welsh Ministers shall calculate what sum, if any, falls to be paid to each receiving authority by way of revenue support grant for the year in accordance with the basis of distribution specified in the report as so approved.

(2)The Welsh Ministers may carry out the subsection (1) calculation again at any time before the end of the financial year immediately following the one to which the report relates.

(3)The power under sub-section (2) may only be exercised once and shall not be exercisable after the approval by resolution of the Assembly of any amending report made under section 84L in relation to the local government finance report.

(4)As soon as is reasonably practicable after making a calculation under subsection (1) or [F53by virtue of subsection] (2), the Welsh Ministers shall inform each receiving authority to which the report relates of the outcome, so far as relating to it.]

84KPayment of grant to receiving authoritiesE+W

(1)The [F54Welsh Ministers] shall pay any sum calculated under [F55section 84J(1)] as falling to be paid by way of revenue support grant to a receiving authority in instalments of such amounts, and at such times in the financial year for which the grant is payable, as the [F56Welsh Ministers] may determine.

(2)Where the [F57Welsh Ministers make] a calculation [F58by virtue of section 84J(2)] that shows an increase in the sum that falls to be paid to a receiving authority, the [F59Welsh Ministers] shall pay the authority a sum equal to the difference.

(3)Payment under subsection (2) shall be at such time, or in instalments of such amounts and at such times, as the [F60Welsh Ministers] may determine, subject to subsection (4).

(4)The time for payment under subsection (2) must be after the end of the financial year for which the grant is payable.

(5)Where the [F61Welsh Ministers make] a calculation [F62by virtue of section 84J(2)] that shows a decrease in the sum that falls to be paid to a receiving authority, the authority shall pay to the [F63Welsh Ministers] a sum equal to the difference.

(6)The time for payment under subsection (5) shall be such day after the end of the financial year for which the grant is payable as the [F64Welsh Ministers] may specify.

[F6584LAmending reportsE+W

(1)Where the Welsh Ministers have made a local government finance report for a particular financial year, the Welsh Ministers may, at any time before the end of the financial year following the financial year concerned, make a report (an “amending report”) containing amendments to the basis of distribution specified under section 84G(2) in the local government finance report.

(2)Where the Welsh Ministers have made two local government finance reports relating to the same financial year, the power under subsection (1) may (in particular) be exercised by making a single amending report relating to both of the local government finance reports.

(3)Before making an amending report, the Welsh Ministers shall notify to such representatives of local government as appear to the Welsh Ministers to be appropriate the general nature of the amendments they propose to make.

(4)An amending report shall be laid before the Assembly.

(5)As soon as is reasonably practicable after an amending report is laid before the Assembly, the Welsh Ministers shall send a copy of the amending report to each receiving authority to which the local government finance report relates.

(6)Where an amending report has been approved by resolution of the Assembly, the Welsh Ministers may not make a subsequent amending report under this section in relation to the same local government finance report.]

84MRecalculation of grant following amending reportE+W

[F66(1)This section applies where the Assembly, by resolution, approves a report made under section 84L (“the amending report”) relating to a local government finance report (“the original report”).]

[F67(2)As soon as is reasonably practicable after the Assembly has approved the amending report, the Welsh Ministers shall calculate in relation to each receiving authority to which the original report relates what sum, if any, falls to be paid to the authority by way of revenue support grant for the financial year to which the original report relates.]

(3)The calculation under subsection (2) shall be in accordance with the amended basis of distribution.

(4)The [F68Welsh Ministers] may carry out the subsection (2) calculation again at any time before—

(a)the end of the financial year immediately following the one to which the original report relates, or

(b)if later, the end of the period of 3 months beginning with the day on which the Assembly [F69approves] the amending report.

(5)The power under subsection (4) may only be exercised once.

(6)As soon as is reasonably practicable after making a calculation under subsection (2) or [F70by virtue of subsection] (4), the [F71Welsh Ministers] shall inform each receiving authority to which the original report relates of the outcome, so far as relating to it.

84NPayment of grant following amending reportE+W

(1)Where the [F72Welsh Ministers make] a calculation under section 84M(2) or [F73by virtue of section 84M(4)] that shows an increase in the sum that falls to be paid to a receiving authority, [F74they] shall pay the authority a sum equal to the difference.

(2)Payment under subsection (1) shall be at such time, or in instalments of such amounts and at such times, as the [F75Welsh Ministers] may determine, subject to subsection (3).

(3)The time for payment under subsection (2) must be after the end of the financial year in which the report under section 84L was made.

(4)Where the [F76Welsh Ministers make] a calculation under section 84M(2) or [F77by virtue of section 84M(4)] that shows a decrease in the sum that falls to be paid to a receiving authority, the authority shall pay a sum equal to the difference to the [F78Welsh Ministers].

(5)The time for payment under subsection (4) shall be such day after the end of the financial year in which the report under section 84L was made as the [F79Welsh Ministers] may specify.

84PInformation deadlinesE+W

(1)The [F80Welsh Ministers] may set a deadline for the receipt of information to be taken into account by [F81them] when making a calculation [F82—

(a)under section 84J(1) or by virtue of section 84J(2), or

(b)under section 84M(2) or by virtue of section 84M(4)].

(2)Different deadlines may be set under subsection (1) in relation to different kinds of information.

(3)A deadline under subsection (1) shall have effect only if the [F83Welsh Ministers notify] each receiving authority concerned of the deadline and of the information to which it relates.

(4)Notification under subsection (3) may be given at any time before the making of the calculation to which the deadline relates, including a time before the making of a determination under section 84F for the year concerned.

(5)When making a calculation in relation to which a deadline under subsection (1) has effect, the [F84Welsh Ministers] shall leave information to which the deadline applies out of account if it is received after the passing of the deadline.]

[F85Chapter 4E+W Other grants]

[F8684Q Application of this Chapter etcE+W

(1)The provisions of this Chapter apply as follows—

F87(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)sections 86A and 86B apply only in relation to Wales;

(c)sections 87, 88, 88A and 88B apply in relation to England and Wales;

(d)section 88C applies only in relation to Wales.

(2)The following functions are exercisable concurrently so far as they relate to [F88police and crime commissioners] in Wales—

(a)the functions of the Secretary of State under section 88B;

(b)the functions of the Welsh Ministers under section 88C.

F89(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F9085 Additional grant.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9086Effect of report’s approval.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F91Additional grant: WalesE+W

86A.Additional grant: WalesE+W

(1)This section applies where a local government finance report for a chargeable financial year has been approved by the Assembly and, before the year ends, the Welsh Ministers form the view that fresh circumstances affecting the finances of local authorities have arisen since the approval.

(2)For the year concerned the Welsh Ministers may pay a grant (“additional grant”) to receiving authorities in accordance with this section and section 86B.

(3)Where the Welsh Ministers propose to pay additional grant for a financial year they shall make a determination under this section.

(4)A determination shall state—

(a)the amount of grant for the year, and

(b)the basis on which the Welsh Ministers propose to distribute it among receiving authorities.

(5)A determination shall be specified in a report and the report shall be laid before the Assembly.

(6)As soon as is reasonably practicable after the report is laid before the Assembly the Welsh Ministers shall send a copy of it to each receiving authority.

86B.Effect of additional grant report’s approval: WalesE+W

(1)This section applies where in accordance with section 86A a determination as regards additional grant has been made for a financial year and specified in a report which has been laid before the Assembly.

(2)If the report is approved by resolution of the Assembly—

(a)the Welsh Ministers shall pay the amount stated in the determination as the amount of the additional grant for the year, and

(b)the amount shall be distributed on the basis stated in the determination.

(3)Where a sum falls to be paid to a receiving authority by way of additional grant it shall be paid at such time, or in instalments of such amounts and at such times, as the Welsh Ministers determine; and any such time may fall within or after the financial year concerned.]

Transport grantsE+W

87 Transport grants.E+W

(1)The Secretary of State shall pay to a defined council a grant for a chargeable financial year if he accepts that at least some of its estimated relevant transport expenditure for the year is appropriate to be taken into account for the purposes of this section.

(2)The amount of the grant shall be a proportion of so much of the council’s estimated relevant transport expenditure for the year as he accepts under subsection (1) above.

(3)The proportion shall be such as is determined for the year by the Secretary of State and shall be the same as regards each council to which a grant is paid for the year under this section.

(4)A grant under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State thinks fit; and any such time need not fall within the financial year concerned.

(5)In deciding whether to accept any of a council’s estimated relevant transport expenditure for a financial year under subsection (1) above, and how much of it to accept, the Secretary of State may have regard to the following matters (in addition to any other matters he thinks fit)—

(a)whether the council’s relevant transport expenditure for any preceding financial year or years is greater or smaller than its estimated relevant transport expenditure for that year or those years;

(b)the extent (if any) to which it is greater or smaller.

(6)The total accepted under subsection (1) above as regards all defined councils for a particular financial year shall not exceed such amount as is approved by the Treasury for the year.

[F92(7)In the application of this section in relation to Wales, references to the Secretary of State are references to the Welsh Ministers.]

88 Transport grants: supplementary.E+W

(1)This section applies for the purposes of section 87 above.

(2)Each of the following is a defined council—

(a)a county council,

F93[(aa)a county borough council,][F94and]

(b)a metropolitan district council,

F95(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A council’s relevant transport expenditure for a financial year is the expenditure it calculates it incurred in the year in connection with—

(a)highways or the regulation of traffic (where the council is English), or

(b)highways, the regulation of traffic or public transport (where the council is Welsh).

(4)But in making the calculation expenditure shall be left out of account unless, at the time the calculation is made, it is [F96 capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)].

(5)A council’s estimated relevant transport expenditure for a financial year is the expenditure it estimates it will incur in the year in connection with—

(a)highways or the regulation of traffic (where the council is English), or

(b)highways, the regulation of traffic or public transport (where the council is Welsh).

(6)But in making the estimate expenditure shall be left out of account unless, at the time the estimate is made, it is [F97capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)].

[F98Other grants]E+W

F99[88ACouncil tax grants.E+W

(1)If regulations under section 13 of the Local Government Finance Act 1992 (reduced amounts of tax) have effect as regards a financial year the Secretary of State may, with the consent of the Treasury, pay a grant to a billing authority as regards that financial year.

(2)The amount of the grant shall be such as the Secretary of State may with the consent of the Treasury determine.

(3)A grant under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may with the consent of the Treasury determine.

(4)In making any payment of grant under this section the Secretary of State may impose such conditions as he may with the consent of the Treasury determine; and the conditions may relate to the repayment in specified circumstances of all or part of the amount paid, or otherwise.

(5)In deciding whether to pay a grant under this section, and in determining the amount of any such grant, the Secretary of State shall have regard to his estimate of any amount which, in consequence of the regulations, the authority might reasonably be expected to lose, or to have lost, by way of payments in respect of the council tax set by it for the financial year concerned.

[F100(6)In the application of this section in relation to Wales, references to the Secretary of State are references to the Welsh Ministers.]]

[F10188BSpecial grants.E+W

(1)The Secretary of State may, with the consent of the Treasury, pay a grant (in this section referred to as a special grant) in accordance with this section to a relevant authority.

(2)Where the Secretary of State proposes to make one special grant he shall, before making the grant, make a determination stating with respect to the grant—

(a)to which authority it is to be paid,

(b)the purpose for which it is to be paid, and

(c)the amount of the grant or the manner in which the amount is to be calculated.

(3)Where the Secretary of State proposes to make two or more special grants to different authorities he shall, before making the grants, make a determination stating with respect to the grants—

(a)to which authorities they are to be paid,

(b)the purpose for which they are to be paid, and

(c)either—

(i)the amount of the grant which he proposes to pay to each authority or the manner in which the amount is to be calculated, or

(ii)the total amount which he proposes to distribute among the authorities by way of special grants and the basis on which he proposes to distribute that amount.

(4)A determination under subsection (2) or (3) above shall be made with the consent of the Treasury and shall be specified in a report (to be called a special grant report) which shall contain such explanation as the Secretary of State considers desirable of the main features of the determination.

(5)A special grant report shall be laid before the House of Commons and, as soon as is reasonably practicable after the report has been so laid, the Secretary of State shall send a copy of it to any relevant authority to whom a special grant is proposed to be paid in accordance with the determination in the report.

(6)No special grant shall be paid unless the special grant report containing the determination relating to the grant has been approved by a resolution of the House of Commons.

(7)A special grant report may specify conditions which the Secretary of State, with the consent of the Treasury, intends to impose on the payment of (or of any instalment of) any special grant to which the report relates; and the conditions may—

(a)require the provision of returns or other information before a payment is made to the relevant authority concerned, or

(b)relate to the use of the amount paid, or to the repayment in specified circumstances of all or part of the amount paid, or otherwise.

(8)Without prejudice to compliance with any conditions imposed as mentioned in subsection (7) above, a special grant shall be paid at such time or in instalments of such amounts and at such times as the Secretary of State may, with the consent of the Treasury, determine.

(9)For the purposes of this section each of the following is a relevant authority—

(a)a receiving authority;

[F102(b)an Integrated Transport Authority for an integrated transport area in England][F103;

(c)a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]

[F104(d)a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.]

[F105(10)In the application of this section in relation to Wales, “relevant authority” means only a [F106police and crime commissioner].]]

[F10788CSpecial grants: WalesE+W

(1)The Welsh Ministers may pay a grant (in this section referred to as a special grant) in accordance with this section to a receiving authority in Wales.

(2)Where the Welsh Ministers propose to make one special grant they shall, before making the grant, make a determination stating with respect to the grant—

(a)to which authority it is to be paid,

(b)the purpose for which it is to be paid, and

(c)the amount of the grant or the manner in which the amount is to be calculated.

(3)Where the Welsh Ministers propose to make two or more special grants to different authorities they shall, before making the grants, make a determination stating with respect to the grants—

(a)to which authorities they are to be paid,

(b)the purpose for which they are to be paid, and

(c)either—

(i)the amount of the grant which they propose to pay to each authority or the manner in which the amount is to be calculated, or

(ii)the total amount which they propose to distribute among the authorities by way of special grants and the basis on which they propose to distribute that amount.

(4)A determination under subsection (2) or (3) above shall be specified in a report (to be called a special grant report) which shall contain such explanation as the Welsh Ministers consider desirable of the main features of the determination.

(5)A special grant report shall be laid before the Assembly and, as soon as is reasonably practicable after the report has been so laid, the Welsh Ministers shall send a copy of it to any receiving authority to whom a special grant is proposed to be paid in accordance with the determination in the report.

(6)No special grant shall be paid unless the special grant report containing the determination relating to the grant has been approved by a resolution of the Assembly.

(7)A special grant report may specify conditions which the Welsh Ministers intend to impose on the payment of (or of any instalment of) special grant to which the report relates; and the conditions may—

(a)require the provision of returns or other information before a payment is made to the receiving authority concerned, or

(b)relate to the use of the amount paid, or to the repayment in specified circumstances of all or part of the amount paid, or otherwise.

(8)Without prejudice to compliance with any conditions imposed as mentioned in subsection (7) above, a special grant shall be paid at such time or in instalments of such amounts and at such times as the Welsh Ministers may determine.]