The Local Government Residuary Body (England) Order 1995

Power to issue levies

20.—(1) In accordance with the following provisions of this Part and subject to any directions given by the Sectetary of State, the Residuary Body may, in respect of a financial year beginning after the abolition date (“the current year”), issue levies to the successor authorities in relation to a relevant authority in respect of any of the following matters for which provision is not otherwise made—

(a)expenditure which the Residuary Body estimates it will incur in that year in connection with any property, rights or liabilities or related functions which were transferred from the relevant authority to the Residuary Body by a relevant instrument;

(b)expenditure incurred by it in that connection in any financial year preceding that year (“a preceding year”);

(c)such allowance (if any) as the Residuary Body estimates will be appropriate for contingencies in relation ot its expenditure for the current year;

(d)any financial reserves which the Residuary Body estimates it will be appropriate to raise in that year for meeting its estimated future expenditure; and

(e)such proportion of the Residuary Body’s estimate of its central expenditure for the current year, or its actual central expenditure for a preceding year, is it determines should be borne by those successor authorities.

(2) In making a determination under sub-paragraph (e) of paragraph (1) above, the Residuary Body shall have regard to the proportion which the aggregate of—

(a)the expenditure which the Residuary Body estimates it will incur in the current year in connection with the matters mentioned in sub-paragraph (a) of that paragraph; and

(b)the expenditure incurred by it in that connection in any preceding year,

bears to the aggregate of the relevant expenditure which the Residuary Body estimates it will incur in the current year and the relevant expenditure incurred by it in any preceding year.

(3) Where the Secretary of State so directs, the amount of the levies issued under paragraph (1) above shall not exceed such amount as is either specified in the direction or ascertained in accordance with a method of calculation which is so specified; and any such direction shall be given before 31st December in the financial year preceding the current year (“the immediately preceding year”).

(4) Any levies shall be issued before 15th February in the immediately preceding year; but they are not invalid merely because they are issued on or after that date.

(5) Paragraph (4) above does not apply to a substituted levy issued in accordance with article 22.