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The Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1990

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Regulation 2(1) and (2)

SCHEDULE 1

PART IFORM AND CONTENTS OF COMMUNITY CHARGE DEMAND NOTICE

FORM A

FORM B

FORM C

FORM D

PART IICALCULATION AND IDENTIFICATION OF CERTAIN MATTERS TO BE CONTAINED IN COMMUNITY CHARGE DEMAND NOTICE

1.  The amount of the community charge for standard spending as calculated by the Secretary of State in accordance with paragraph 2.5 of the distribution report (or in accordance with any equivalent provision of any later report made by him under section 80 of the Act and approved by resolution of the House of Commons), as that amount is last notified by him to the charging authority.

2.—(1) An amount for the charging authority equal to the aggregate for the authority of–

(a)the amout of every item which, pursuant to section 33(3)(b) of the Act, represents special expenses of the authority for the relevant year relating to a part of the area of the authority relevant to the notice concerned, and which is to be provided for under the relevant charge or by such other means as are mentioned in section 32(3) of the Act, divided by the relevant population of the part for the item in question; and

(b)such portion of the amount last calculated by the charging authority for the relevant year under section 95(4) of the Act(1) as is not to be provided for as special expenses for that year pursuant to section 33(3)(b) of the Act, divided by the relevant population of its area.

(2) An amount for each appropriate precepting authority equal to the aggregate for it of–

(a)insofar as its precept or a portion of it issued to the charging authority relates only to a part of the area of the charging authority (being a part relevant to the demand notice concerned), the amount of the precept or (as the case may be) every such portion, divided by the relevant population of that part for the precept or portion in question; and

(b)insofar as its precept or a portion of it issued to the charging authority relates to all of the area of the charging authority, the amount of the precept or (as the case may be) the portion, divided by the relevant population of that area.

3.  An amount representing the unadjusted amount of revenue support grant per head, being the amount by which the sum of the standard assessments per head mentioned in paragraph 11 for the notice (after rounding in accordance with paragraph 8(1) of Part III) as last notified by the Secretary of State exceeds the sum of–

(a)the amount mentioned in paragraph 1 last notified by him (after such rounding), and

(b)the amount found in accordance with paragraph 4 (after such rounding).

4.  The amount found by dividing the amount notified to the charging authority under paragraph 9(8) of Schedule 8 to the Act in respect of the relevant year by the relevant population of its area.

5.  The amount by which the sum of the amounts calculated under paragraph 2 (after rounding in accordance with paragraph 8(1) of Part III) exceeds the sum of the amounts found in accordance with paragraphs 3 and 4 (after such rounding).

6.  The amount found by dividing the amount of any adjustment to the amount of revenue support grant payable to the charging authority with respect to the relevant year pursuant to any report approved under section 84(5) of the Act by the relevant population of its area.

7.  The amount found by dividing the amount of low rateable value areas grant which may be paid to the charging authority for the relevant year in accordance with the special grant report by the relevant population of its area.

8.  The amount found by dividing the amount of Inner London education grant which may be paid to the charging authority for the relevant year in accordance with the special grant report by the relevant population of its area.

9.  The amount of any adjustment necessary so that the amount calculated under paragraph 5, after addition or deduction (as the case may be) of any amount calculated under paragraph 6 (as rounded in accordance with paragraph 8(1) of Part III), and after addition of any amount calculated under paragraphs 7 and 8 so rounded, is equal to the amount mentioned in paragraph 10.

10.  The relevant charge.

11.  The standard spending assessment per head for the charging authority and (subject to paragraph 2(5) of Part III) for each appropriate precepting authority, being the amount of the assessment per head applicable to the whole of the area of the charging or precepting authority concerned, or (as the case may be) to the part of the area of the precepting authority concerned which is relevant to the notice, as calculated by the Secretary of State and last notified by him to the charging authority.

12.  The amount which is demanded under the notice in respect of the community charge concerned, or (if any amounts fall to be shown in a notice under paragraph 13, 14 or 15) which would be demanded in respect of it but for the reductions or increase represented by the amounts so shown.

13.  The amount by which the amount demanded under the notice is less than it would otherwise be by virtue of that amount being calculated by reference to regulations under section 13A of the Act(2) (disregarding any reduction or assumed reduction arising or which would have arisen in consequence of any such provision as is mentioned in paragraph 14).

14.  The amount of any reduction in the amount demanded under the notice which is attributable to a reduction, or assumed or expected reduction, in the amount a person is liable to pay in respect of the community charge concerned as it has effect for the relevant year in consequence of any provision included in regulations under section 31A(1) of the Social Security Act 1986(3).

15.  The amount of any addition to the amount demanded under the notice which is attributable to excess community charge benefit which is being recovered in the manner described in section 31D(3)(b) of that Act.

16.  An amount equal to the aggregate of–

(a)the amount of any specific grants which the charging authority received or expects to receive in respect of the relevant year, which it took into account in last making its calculation under section 95(3) of the Act for that year, and which it proposes to apply to defray special expenses for a part of its area relevant to the demand notice concerned, divided by the relevant population of that part;

(b)the amount of any specific grants which the charging authority received or expects to receive in respect of the relevant year, which it took into account in last making its calculation under section 95(3) of the Act for that year, and which it does not propose to apply to defray its special expenses, divided by the relevant population of its area;

(c)the amount of any specific grants which each relevant precepting authority received or expects to receive in respect of the relevant year, which it took into account in calculating the amount of its precept, and which it proposes to apply to defray special expenses for a part of its area relevant to the demand notice concerned, divided by the relevant population of that part; and

(d)the amount of any specific grants which each relevant precepting authority received or expects to receive in respect of the relevant year, which it took into account in calculating the amount of its precept, and which it does not propose to apply to defray its special expenses, divided by the relevant population of its area.

17.  An amount equal to the aggregate of–

(a)the amount of any fees, charges or other income (but not specific grants) which the charging authority received or expects to receive in respect of the relevant year, or of any reserves which it used or expects to use in respect of that year, being an amount which it took into account in last making its calculation under section 95(3) of the Act for the year, and which it proposes to apply to defray special expenses for a part of its area relevant to the notice concerned, divided by the relevant population of that part;

(b)the amount of any fees, charges or other income (but not specific grants) which the charging authority received or expects to receive in respect of the relevant year, or of any reserves which it used or expects to use in respect of that year, being an amount which it took into account in last making its calculation under section 95(3) of the Act for the year, and which it does not propose to apply to defray its special expenses, divided by the relevant population of its area;

(c)the amount of any fees, charges or other income (but not specific grants) which each relevant precepting authority received or expects to receive in respect of the relevant year, or of any reserves which it used or expects to use in respect of that year, being an amount which it took into account in last calculating the amount of its precept for that year, and which it proposes to apply to defray special expenses for a part of its area relevant to the notice concerned, divided by the relevant population of that part; and

(d)the amount of any other fees, charges or other income (but not specific grants) which each relevant precepting authority received or expects to receive in respect of the relevant year, or of any reserves which it used or expects to use in respect of that year, being an amount which it took into account in last calculating the amount of its precept for that year and which it does not propose to apply to defray its special expenses, divided by the relevant population of its area.

PART IIIINTERPRETATION,ETC

1.  References in paragraph 2(2) of Part II to a precept of an appropriate precepting authority are references to the precept by reference to which the charging authority set the relevant charge; save that–

(a)if the charging authority set that charge by reference to an amount included under section 37(3), (4) or (8) of the Act in respect of the appropriate precepting authority, the references are references to the amount included under those provisions, or

(b)if, at the time the charging authority sets that charge, an appropriate precepting authority has not issued a precept for the relevant year and no such amount as is mentioned in paragraph (a) was included, or if no portion of a precept (or no such amount as is mentioned in paragraph (a)) for an appropriate precepting authority by reference to which the charging authority last set an amount under sections 32, 34 or 35 of the Act for the relevant year relates to a part of the charging authority’s area relevant to the notice concerned, the amount mentioned in that paragraph 2(2) for the appropriate precepting authority is to be treated as 0.

2.—(1) As regards–

(a)an appropriate precepting authority which is neither a county council whose area falls partly inside and partly outside the Metropolitan Police District nor the Receiver for the Metropolitan Police District, or

(b)a charging authority,

for the purposes of paragraph 11 of Part II there is (subject to sub-paragraph (5)) to be a standard spending assessment per head for the whole of its area to be calculated by the Secretary of State and notified by him, found by him by dividing the standard spending assessment of the authority (calculated in accordance with paragraphs 3.1 to 3.58 and 4.1 of the distribution report) by the relevant population of its area.

(2) As regards the Receiver for the Metropolitan Police District or a county council whose area falls partly inside and partly outside the Metropolitan Police District, for the purposes of paragraph 11 of Part II there are to be different standard spending assessments per head for the part of its area for which expenses are treated as special expenses for the purposes of grant distribution (as described in Part II of Annex E of the distribution report) and for the part for which no such expenses are so treated, calculated in accordance with sub-paragraphs (3) and (4).

(3) The standard spending assessment per head for the part of the area of the authority concerned for which there are expenses treated as mentioned in sub-paragraph (2) is to be found by–

(a)taking the standard spending assessment for the authority calculated in accordance with paragraphs 3.1 to 3.58 and 4.1 of the distribution report;

(b)taking the elements of that assessment which are applicable to those expenses and dividing them by the population of the part;

(c)taking the elements of that assessment which are not so applicable and dividing them by the population of its area; and

(d)adding the amounts found under paragraphs (b) and (c).

(4) The standard spending assessment per head for the part of the area of the authority concerned for which there are no expenses treated as mentiond in sub-paragraph (2) is equal to the amount found under sub-paragraph (3)(c) above.

(5) For the purposes of sub-paragraph (1) and paragraph 11 of Part II, a charging authority, a parish council in the area of the authority, a chairman of a parish meeting for a parish in that area, and charter trustees (insofar as they carry out functions in that area) are together to have a single standard spending assessment per head for the area of the charging authority, calculated by reference to the standing spending assessment of that authority and the relevant population of its area.

(6) The population of part of the area of a precepting authority (“the relevant part”) for the purposes of sub-paragraph (3)(b) is the sum of the populations of the areas of charging authorities, or (as the case may be) of the parts of areas of charging authorities, which fall within the relevant part, being the populations of the areas or parts used for the purposes of grant distribution as described in paragraph 8 of Annex E of the distribution report.

(7) The population of the area of a precepting authority for the purposes of sub-paragraph (3)(c) is–

(a)in the case of the Receiver for the Metropolitan Police District, the sum of–

(i)the populations of the parts of areas of charging authorities comprised in the Metropolitan Police District as set out in paragraph 3 of that Annex, and

(ii)the relevant populations of the areas of charging authorities which are comprised wholly within that District;

(b)in the case of any other appropriate precepting authority, the relevant population of its area.

(8) References in this paragraph to a provision of the distribution report include references to any equivalent provision of a later report made under section 80 of the Act and approved by resolution of the House of Commons.

3.  References in paragraphs 16(c) and (d) and 17(c) and (d) of Part II–

(a)to a relevant precepting authority are references to a precepting authority which has issued a precept to the charging authority for the relevant year all or part of which was taken into account when the charging authority set the relevant charge; and

(b)to its precept are references to that precept.

4.  In Part II and this Part “appropriate precepting authority” means a precepting authority which has power to issue a precept to the charging authority concerned for the relevant year relating to all of the area of the charging authority or to a part of that area relevant to the notice concerned (whether it has in fact done so or not).

5.  For the purposes of Part II and this paragraph–

(a)the relevant population of the area of a charging authority is its relevant population notified under paragraph 4(4) of Schedule 12A to the Act(a) for the relevant year;

(b)the relevant population of a part of the area of a charging authority is its relevant population calculated by the authority for the relevant year under rules made under paragraph 6(2) of that Schedule or (as the case may be) which would be so calculated if the relevant population needed to be found for the purposes of section 69 of the Act(4) for that year;

(c)the relevant population of the area of a precepting authority is the aggregate for the relevant year of the relevant populations of such of the areas, or the parts of the areas (as the case may be), of charging authorities as are comprised within the area of the precepting authority;

(d)the relevant population of a part of the area of a precepting authority (“the relevant part”) is the aggregate for the relevant year of the relevant populations of such of the areas, or the parts of the areas (as the case may be), of charging authorities as are comprised within the relevant part.

6.  Where a precepting authority does not know the relevant population of a part of its area for the purposes of paragraph 16(c) or 17(c) of Part II and regulation 4(2)(c) or (d), references in that paragraph 16(c) or 17(c) to the relevant population of the part are references to the estimate of the precepting authority of that population.

7.  References in Part II and this Part to a matter last done are references to it last done before the issue of the notice concerned.

8.—(1) The following amounts shall be rounded up or down (as the case may be) to the nearest whole penny–

(a)the amount mentioned in paragraph 1 of Part II which is to be notified by the Secretary of State and contained in a notice;

(b)an aggregate amount mentioned in paragraph 2(1) and (2) of that Part for an authority which is to be contained in a notice;

(c)an amount found in accordance with paragraphs 4 and 6 to 8 of that Part which is to be contained in a notice;

(d)the standard spending assessments per head found in accordance with paragraph 2 above which are to be notified by the Secretary of State and contained in a notice pursuant to paragraph 11 of Part II; and

(e)an aggregate amount mentioned in paragraphs 16 and 17 of that Part for an authority which is to be contained in a notice.

(2) Where the amount mentioned in paragraph 1 of Part II is required under Part I to be rounded to the nearest whole pound, it shall (after rounding under sub-paragraph (1)(a) above) be further rounded to that nearest pound.

(3) Where an amount which falls to be rounded to the nearest whole penny is an amount which is an exact multiple of a half penny, it shall be rounded down.

(4) Where an amount which falls to be rounded to the nearest whole pound is an amount which is an exact multiple of 50 pence, it shall be rounded down.

(1)

Section 95 was amended by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 63.

(2)

Section 13A was inserted by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 5.

(3)

1986 c. 50; sections 31A and 31D were inserted by the Local Government Finance Act 1988 (c. 41), Schedule 10, paragraph 6.

(4)

Schedule 12A was inserted by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 74, and section 69 was amended by paragraph 50 of that Schedule.

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