Rate Support Grants Act 1988

PART IENGLISH LOCAL AUTHORITIES

Introduction

1This Part has effect to determine the relevant amount as regards an English local authority in relation to the year beginning in 1989.

2(1)This paragraph applies for the purposes of this Part.

(2)A designated authority is an authority designated before the passing of this Act under section 2 of the [1984 c. 33.] Rates Act 1984 (designation for purpose of prescribing maximum rates and precepts) in relation to the year beginning in 1989.

(3)Each of the following is a charging authority—

(a)a district council,

(b)a London borough council,

(c)the Common Council of the City of London, and

(d)the Council of the Isles of Scilly.

(4)Each of the following is an education authority—

(a)a county council,

(b)a metropolitan district council,

(c)an outer London borough council, and

(d)the Council of the Isles of Scilly.

Designated authorities

3As regards a designated authority the relevant amount is an amount equal to the level—

(a)determined under section 3(1) of the [1984 c. 33.] Rates Act 1984 (expenditure levels) as the level for the authority’s total expenditure in the year beginning in 1989, and

(b)stated in a notice served on the authority under section 3(3) of that Act and dated 7 July 1988.

Other authorities

4(1)As regards a local authority which is not a designated authority the relevant amount shall be determined by applying the appropriate formula (found in accordance with this paragraph).

(2)In the case of an authority which is neither a charging authority nor an education authority the appropriate formula is—

(3)In the case of an authority which is a charging authority but is not an education authority the appropriate formula is—

(4)In the case of an authority which is an education authority but is not a charging authority the appropriate formula is—

(5)In the case of an authority which is both a charging authority and an education authority the appropriate formula is—

Interpretation of formulae

5For the purposes of paragraph 4 above TE is an amount equal to the amount which, by virtue of Schedule 1 above, is the relevant amount as regards the authority in relation to the year beginning in 1988.

6(1)For the purposes of paragraph 4 above Z is a figure which is 1 or, if the Secretary of State so provides in the Rate Support Grant Report for England for the year beginning in 1989, a figure which is greater than 1 and is specified in the Report.

(2)In deciding whether to specify a figure under sub-paragraph (1) above, and in deciding what figure to specify, the Secretary of State may take into account his estimate of what the aggregate total expenditure of authorities falling within paragraph 4 above would be (apart from this Act) in relation to the year beginning in 1989.

(3)Section 3(3)(a) above has effect subject to sub-paragraph (2) above.

(4)Sub-paragraph (2) above operates without prejudice to the generality of the Secretary of State’s powers under sub-paragraph (1) above.

7(1)For the purposes of paragraph 4 above CC is a figure expressed in pounds and determined by the Secretary of State in relation to the authority.

(2)The Secretary of State shall secure that the aggregate of figures determined under this paragraph for relevant authorities is £53,057,231 (which represents part of the expenditure he estimates they might reasonably be expected to incur in the year beginning in 1989 in connection with Part I of the [1988 c. 41.] Local Government Finance Act 1988).

(3)Figures shall be determined under this paragraph in accordance with principles to be applied to all relevant authorities.

(4)In the Rate Support Grant Report for England for the year beginning in 1989 the Secretary of State shall specify—

(a)the figures determined by him under this paragraph, and

(b)the principles in accordance with which they are determined.

(5)Relevant authorities are charging authorities to which paragraph 4 above applies.

8(1)For the purposes of paragraph 4 above T is the amount shown, in a letter dated 29 March 1988 and sent by the Department of Education and Science to the authority’s chief education officer, as the revised amount of the authority’s contributions for the year beginning in 1988 to advanced further education pools.

(2)No doubt as to the accuracy of that amount, and no further revision of it, shall affect the definition in this paragraph.

9(1)For the purposes of paragraph 4 above U is a figure which—

(a)is expressed in pounds and is determined by the Secretary of State in relation to the authority,

(b)complies with sub-paragraphs (2) to (4) below, and

(c)subject to paragraph (b) above, is determined so as to represent such amount (if any) as the Secretary of State thinks should be brought into the calculation of the relevant amount in relation to the authority.

(2)U must not be more than £3,000,000 and must not be more than the amount represented by T in relation to the authority.

(3)U must not be less than nil but it may be nil.

(4)Figures shall be determined under this paragraph for relevant authorities in accordance with principles to be applied to all such authorities.

(5)In the Rate Support Grant Report for England for the year beginning in 1989 the Secretary of State shall specify—

(a)the figures determined by him under this paragraph, and

(b)the principles in accordance with which they are determined.

(6)Relevant authorities are education authorities to which paragraph 4 above applies.

Rounding

10Where (apart from this paragraph) the relevant amount as regards an authority in relation to a year would include a fraction of a pound—

(a)the fraction shall be made up to one pound if it would be 50p or more, and

(b)the fraction shall be ignored if it would be less than 50p.