SCHEDULE 1

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(1) 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.