Sections 1 and 2.
SCHEDULE 1TOTAL EXPENDITURE: 1985–86 TO 1988–89
1985–86: England
1(1)This paragraph applies for the year beginning in 1985.
(2)Where an amount estimated as an English local authority’s total expenditure in relation to the year was submitted to the Secretary of State by the authority—
(a)before 7 July 1988, and
(b)in response to a requirement made under section 65 of the 1980 Act in April 1986,
the relevant amount is (as regards the authority) the amount submitted.
(3)Where in the case of an English local authority more than one amount was submitted as mentioned in sub-paragraph (2) above, for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.
(4)Where in the case of an English local authority no amount was submitted as mentioned in sub-paragraph (2) above, the relevant amount is (as regards the authority) the amount taken by the Secretary of State as the amount of the authority’s total expenditure in relation to the year for the purposes of the last estimate for the year to be notified under section 66(1) of the 1980 Act (estimate of grant) before 7 July 1988.
(5)Where after the passing of this Act the Secretary of State concludes that sub-paragraph (4) above applies in the case of an English local authority, he shall as soon as is reasonably practicable after so concluding inform the authority of his conclusion and of the amount taken by him as mentioned in that sub-paragraph.
(6)In relation to the Greater London Council, the Inner London Education Authority or a metropolitan county council, this paragraph applies as if the second reference to the authority in sub-paragraph (2) included a reference to the London Residuary Body or (as the case may be) the body established for the metropolitan county by section 57(1)(b) of the [1985 c. 51.] Local Government Act 1985.
(7)In relation to the Receiver sub-paragraphs (2) to (5) above apply as if—
(a)“an English local authority’s total expenditure in relation to the year” read “the Receiver’s total expenditure for the year”,
(b)“the authority” (in each place) read “the Receiver”,
(c)“an English local authority” (in each place) read “the Receiver”, and
(d)“the authority’s total expenditure in relation to the year” read “the Receiver’s total expenditure for the year”.
(8)For the purposes of this paragraph an amount—
(a)is not to be treated as submitted to the Secretary of State unless it is submitted in writing and received by him, and
(b)is to be treated as submitted to him on the day he receives it.
1986–87
2(1)This paragraph applies for the year beginning in 1986.
(2)Where an amount estimated as a local authority’s total expenditure in relation to the year was submitted to the Secretary of State by the authority—
(a)before 7 July 1988, and
(b)in response to a request made by the Secretary of State in May 1987,
the relevant amount is (as regards the authority) the amount submitted.
(3)Where in the case of a local authority more than one amount was submitted as mentioned in sub-paragraph (2) above, for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.
(4)Where in the case of a local authority no amount was submitted as mentioned in sub-paragraph (2) above but an amount estimated as the authority’s total expenditure in relation to the year was submitted to the Secretary of State by the authority—
(a)before 7 July 1988, and
(b)in response to a request made by the Secretary of State in March 1987 or a requirement made under section 8 of the [1984 c. 33.] Rates Act 1984 in October 1987,
the relevant amount is (as regards the authority) the amount submitted.
(5)Where in the case of a local authority more than one amount was submitted as mentioned in sub-paragraph (4) above (whether or not in response to the same request or requirement) for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.
(6)Where in the case of a local authority no amount was submitted as mentioned in sub-paragraph (2) above and no amount was submitted as mentioned in sub-paragraph (4) above, the relevant amount is (as regards the authority) the amount taken by the Secretary of State as the amount of the authority’s total expenditure in relation to the year for the purposes of the last estimate for the year to be notified under section 66(1) of the 1980 Act (estimate of grant) before 7 July 1988.
(7)Where after the passing of this Act the Secretary of State concludes that sub-paragraph (6) above applies in the case of a local authority, he shall as soon as is reasonably practicable after so concluding inform the authority of his conclusion and of the amount taken by him as mentioned in that sub-paragraph.
(8)In relation to the Receiver sub-paragraphs (2) to (7) above apply as if—
(a)“a local authority’s total expenditure in relation to the year” read “the Receiver’s total expenditure for the year”,
(b)“the authority” (in each place) read “the Receiver”,
(c)“a local authority” (in each place) read “the Receiver”, and
(d)“the authority’s total expenditure in relation to the year” (in each place) read “the Receiver’s total expenditure for the year”.
(9)Sub-paragraph (8) of paragraph 1 above applies for the purposes of this paragraph as it applies for the purposes of that.
1987–88
3(1)This paragraph applies for the year beginning in 1987.
(2)Where an amount estimated as a local authority’s total expenditure in relation to the year was submitted to the Secretary of State by the authority—
(a)before 7 July 1988, and
(b)in response to a requirement made under section 65 of the 1980 Act in February 1988,
the relevant amount is (as regards the authority) the amount submitted.
(3)Where in the case of a local authority more than one amount was submitted as mentioned in sub-paragraph (2) above, for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.
(4)Where in the case of a local authority no amount was submitted as mentioned in sub-paragraph (2) above but an amount estimated as the authority’s total expenditure in relation to the year was submitted to the Secretary of State by the authority—
(a)before 7 July 1988, and
(b)in response to a requirement made under section 65 of the 1980 Act and despatched on 4 March 1987 (or, in the case of a Welsh authority,6 March 1987) or a requirement made under section 8 of the Rates Act 1984 in October 1987,
the relevant amount is (as regards the authority) the amount submitted.
(5)Where in the case of a local authority more than one amount was submitted as mentioned in sub-paragraph (4) above (whether or not in response to a requirement made under the same provision) for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.
(6)Where in the case of a local authority no amount was submitted as mentioned in sub-paragraph (2) above and no amount was submitted as mentioned in sub-paragraph (4) above, the relevant amount is (as regards the authority) the amount taken by the Secretary of State as the amount of the authority’s total expenditure in relation to the year for the purposes of the last estimate for the year to be notified under section 66(1) of the 1980 Act (estimate of grant) before 7 July 1988.
(7)Where after the passing of this Act the Secretary of State concludes that sub-paragraph (6) above applies in the case of a local authority, he shall as soon as is reasonably practicable after so concluding inform the authority of his conclusion and of the amount taken by him as mentioned in that sub-paragraph.
(8)In relation to the Receiver sub-paragraphs (2) to (7) above apply as if—
(a)“a local authority’s total expenditure in relation to the year” read “the Receiver’s total expenditure for the year”,
(b)“the authority” (in each place) read “the Receiver”,
(c)“a local authority” (in each place) read “the Receiver”,
(d)“the authority’s total expenditure in relation to the year” (in each place) read “the Receiver’s total expenditure for the year”, and
(e)“(or, in the case of a Welsh authority, 6 March 1987)” were omitted.
(9)Sub-paragraph (8) of paragraph 1 above applies for the purposes of this paragraph as it applies for the purposes of that.
1988-89
4(1)This paragraph applies for the year beginning in 1988.
(2)Where an amount estimated as a local authority’s total expenditure in relation to the year was submitted to the Secretary of State by the authority—
(a)before 7 July 1988, and
(b)in response to a requirement which was made under section 65 of the 1980 Act in February 1988 and was (in the case of an English authority) despatched on 29 February 1988,
the relevant amount is (as regards the authority) the amount submitted.
(3)Where in the case of a local authority more than one amount was submitted as mentioned in sub-paragraph (2) above, for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.
(4)Where in the case of a local authority no amount was submitted as mentioned in sub-paragraph (2) above but an amount estimated as the authority’s total expenditure in relation to the year was submitted to the Secretary of State by the authority—
(a)before 7 July 1988, and
(b)in response to a requirement made under section 65 of the 1980 Act and despatched on 24 February 1988 (or, in the case of a Welsh authority, 11 January 1988),
the relevant amount is (as regards the authority) the amount submitted.
(5)Where in the case of a local authority more than one amount was submitted as mentioned in sub-paragraph (4) above, for the purposes of that sub-paragraph the amount submitted shall be taken to be the latest to be so submitted.
(6)Where in the case of a local authority no amount was submitted as mentioned in sub-paragraph (2) above and no amount was submitted as mentioned in sub-paragraph (4) above, the relevant amount is (as regards the authority) the amount taken by the Secretary of State as the amount of the authority’s total expenditure in relation to the year for the purposes of the last estimate for the year to be notified under section 66(1) of the 1980 Act (estimate of grant) before 7 July 1988.
(7)Where after the passing of this Act the Secretary of State concludes that sub-paragraph (6) above applies in the case of a local authority, he shall as soon as is reasonably practicable after so concluding inform the authority of his conclusion and of the amount taken by him as mentioned in that sub-paragraph.
(8)In relation to the Receiver sub-paragraphs (2) to (7) above apply as if—
(a)“a local authority’s total expenditure in relation to the year” read “the Receiver’s total expenditure for the year”,
(b)“the authority” (in each place) read “the Receiver”,
(c)“(in the case of an English authority)” were omitted,
(d)“a local authority” (in each place) read “the Receiver”,
(e)“the authority’s total expenditure in relation to the year” (in each place) read “the Receiver’s total expenditure for the year”, and
(f)“(or, in the case of a Welsh authority, 11 January 1988)” were omitted.
(9)Sub-paragraph (8) of paragraph 1 above applies for the purposes of this paragraph as it applies for the purposes of that.
Different amount agreed after submission
5(1)This paragraph applies where—
(a)an amount submitted would, by virtue of paragraphs 1 to 4 above and apart from this paragraph, be the relevant amount in relation to a particular year and as regards a local authority,
(b)the Secretary of State and the authority agreed before 7 July 1988 that the authority’s total expenditure in relation to the year should be taken to be an amount different from the amount submitted, and
(c)their agreement was recorded in writing in a document despatched by the Secretary of State to the authority, or despatched by the authority and received by him, before 7 July 1988.
(2)In such a case the relevant amount is (in relation to the year and as regards the authority) the different amount recorded in the document.
(3)But where there is more than one different amount, by virtue of there being more than one agreement and document falling within sub-paragraph (1) above, the relevant amount is (in relation to the year and as regards the authority) the different amount recorded in the document which was the latest to be despatched by or received by the Secretary of State.
(4)In relation to the Receiver sub-paragraphs (1) to (3) above apply as if—
(a)“a local authority” read “the Receiver”,
(b)“the authority” (in each place) read “the Receiver”, and
(c)“the authority’s total expenditure in relation to the year” read “the Receiver’s total expenditure for the year”.
6(1)This paragraph applies where—
(a)an amount would, by virtue of paragraph 5 above and apart from this paragraph, be the relevant amount in relation to a particular year and as regards a local authority, and
(b)the Secretary of State suggested an alternative amount in writing in a document despatched by him to the authority before 7 July 1988.
(2)In such a case the relevant amount is (in relation to the year and as regards the authority) the alternative amount suggested in the document.
(3)But where there is more than one alternative amount, by virtue of there being more than one suggestion and document falling within sub-paragraph (1) above, the relevant amount is (in relation to the year and as regards the authority) the alternative amount suggested in the document which was the latest to be despatched.
(4)In relation to the Receiver sub-paragraphs (1) to (3) above apply as if—
(a)“a local authority” read “the Receiver”, and
(b)“the authority” (in each place) read “the Receiver”.
Alternative amount suggested by Secretary of State
7(1)This paragraph applies where—
(a)an amount submitted would, by virtue of paragraphs 1 to 4 above and apart from this paragraph, be the relevant amount in relation to a particular year and as regards a local authority,
(b)neither paragraph 5 nor paragraph 6 above applies as regards the authority in relation to the year, and
(c)the Secretary of State suggested an alternative amount in writing in a document despatched by him to the authority before 7 July 1988.
(2)In such a case the relevant amount is (in relation to the year and as regards the authority) the alternative amount suggested in the document.
(3)But where there is more than one alternative amount, by virtue of there being more than one suggestion and document falling within sub-paragraph (1) above, the relevant amount is (in relation to the year and as regards the authority) the alternative amount suggested in the document which was the latest to be despatched.
(4)In relation to the Receiver sub-paragraphs (1) to (3) above apply as if—
(a)“a local authority” read “the Receiver”, and
(b)“the authority” (in each place) read “the Receiver”.
Alternative amount suggested by authority
8(1)This paragraph applies where—
(a)an amount submitted would, by virtue of paragraphs 1 to 4 above and apart from this paragraph, be the relevant amount in relation to a particular year and as regards a local authority,
(b)neither paragraph 5 nor paragraph 6 above applies as regards the authority in relation to the year,
(c)paragraph 7 above does not apply as regards the authority in relation to the year, and
(d)the authority suggested an alternative amount in writing in a document despatched by the authority and received by the Secretary of State before 7 July 1988.
(2)In such a case the relevant amount is (in relation to the year and as regards the authority) the alternative amount suggested in the document.
(3)But where there is more than one alternative amount, by virtue of there being more than one suggestion and document falling within sub-paragraph (1) above, the relevant amount is (in relation to the year and as regards the authority) the alternative amount suggested in the document which was the latest to be received by the Secretary of State.
(4)In relation to the Receiver sub-paragraphs (1) to (3) above apply as if—
(a)“a local authority” read “the Receiver”, and
(b)“the authority” (in each place) read “the Receiver”.
Special rules
9(1)Where in the same document more than one amount has been submitted as the amount estimated as a local authority’s total expenditure in relation to the same year, for the purposes of paragraphs 1 to 4 above the amount submitted shall be taken to be whichever of the amounts the Secretary of State thinks fit.
(2)Where in the same document more than one amount has been suggested as the amount to be taken to be the amount of a local authority’s total expenditure in relation to the same year, for the purposes of paragraph 8 above the amount suggested shall be taken to be whichever of the amounts the Secretary of State thinks fit.
(3)Where the Secretary of State has received on the same day different documents containing submissions of the amount estimated as a local authority’s total expenditure in relation to the same year, for the purposes of paragraphs 1 to 4 above the documents shall be taken to have been submitted in whatever order the Secretary of State thinks fit.
(4)Where the Secretary of State has received on the same day different documents suggesting alternative amounts as the amount to be taken to be the amount of a local authority’s total expenditure in relation to the same year, for the purposes of paragraph 8 above the documents shall be taken to have been received in whatever order the Secretary of State thinks fit.
(5)In reaching a decision under this paragraph the Secretary of State—
(a)shall leave out of account information and representations received by him after 6 July 1988;
(b)subject to paragraph (a) above, may take into account information and representations whether communicated in writing or orally.
(6)As soon as is reasonably practicable after reaching a decision under this paragraph the Secretary of State shall inform the authority of his decision.
(7)In relation to the Receiver sub-paragraphs (1) to (6) above apply as if—
(a)“a local authority’s total expenditure in relation to the same year”(in each place) read “the Receiver’s total expenditure for the same year”, and
(b)“the authority” read “the Receiver”.
10(1)For the purposes of paragraphs 1 to 4 and 8 above, anything submitted, suggested or despatched by a person acting on an authority’s behalf is not to be treated as submitted, suggested or despatched by the authority unless the person was at the time an officer of the authority or a person acting under arrangements made under section 9(1) of the [1982 c. 32.] Local Government Finance Act 1982 (certification of information for purposes of block grant).
(2)For the purposes of paragraphs 1 to 4 and 8 above, anything submitted, suggested or despatched by a person acting on the Receiver’s behalf is not to be treated as submitted, suggested or despatched by the Receiver unless the person was at the time a member of the Receiver’s staff or the Comptroller and Auditor General or a member of his staff.
(3)For the purposes of paragraphs 5 to 7 above, anything agreed by or despatched by or to a person acting on an authority’s behalf is not to be treated as agreed by or despatched by or to the authority unless the person was at the time an officer of the authority.
(4)For the purposes of paragraphs 5 to 7 above, anything agreed by or despatched by or to a person acting on the Receiver’s behalf is not to be treated as agreed by or despatched by or to the Receiver unless the person was at the time a member of the Receiver’s staff.
11Nothing in this Schedule shall be affected by a doubt as to the accuracy of an amount submitted, or of a different or alternative amount recorded or suggested in a document, or of an amount taken by the Secretary of State as an amount of total expenditure.