Intervention by appropriate national authority
I124Power to cancel a BRS
1
This section applies if the appropriate national authority thinks that a levying authority has, in relation to a BRS imposed by it, acted in a way that is materially inconsistent with information provided by it.
2
The information referred to in subsection (1) includes information provided—
a
in the final prospectus for the BRS;
b
in a document published for the purposes of section 10(2)(d) about a proposal to vary the BRS;
c
in the course of consultation on the proposal for the imposition of the BRS or on a proposal to vary the BRS;
d
in connection with the holding of a ballot on the imposition of the BRS or on a proposal to vary the BRS.
3
The appropriate national authority—
a
may direct the levying authority to cancel the imposition of the BRS,
b
may direct the levying authority to refund the sums received by it in respect of the BRS or, where the levying authority is not a billing authority, direct it to return to a billing authority that is a lower-tier authority in relation to it sums transferred to it by the billing authority,
c
may direct a billing authority that is a lower-tier authority in relation to the levying authority to refund the sums collected by it in respect of the BRS but not transferred to the levying authority,
d
may direct a functional body to transfer to the Greater London Authority sums received by the body in respect of the BRS but not used by it, and
e
may take such other steps as the appropriate national authority thinks appropriate.
4
Where the appropriate national authority gives a direction to a billing authority which is not a levying authority, the appropriate national authority may direct the levying authority to meet the expenses incurred by the billing authority in complying with the direction.
5
The appropriate national authority may, in connection with the exercise or proposed exercise of a power under this section, require—
a
the levying authority,
b
a billing authority that is a lower-tier authority in relation to it, or
c
a functional body,
to provide such information relating to a BRS as the appropriate national authority may specify.
6
A levying authority, a billing authority or a functional body must comply with a direction given to it, or a requirement imposed on it, under this section.
7
Section 21(3) does not apply where the imposition of a BRS comes to an end as a result of this section.