SCHEDULEAmendments consequential and to give full effect to Chapter 1 of Part 5 of the Localism Act 2011
The Local Authorities (Calculation of Council Tax Base) Regulations 19924
Regulation 21
Regulation 32
In regulation 3(1) (calculation of billing authority’s council tax base), for “33(1)” substitute “31B(1)”.
Regulation 63
In regulation 6 (calculation of billing authority’s council tax base for a part of its area)—
a
in paragraph (1)—
i
after “34(3)” insert “and item T in section 52ZX(5)”, and
ii
in the definition of item N, for “33(1)” substitute “31B(1)”,
b
in paragraph (2)(b), for “33(1)” substitute “31B(1)”, and
c
in paragraph (2)(d)(ii), after each occurrence of “34(3)” insert “and item T in section 52ZX(5)”.
Regulation 74
In regulation 7 (calculation of council tax base for the purposes of a major precepting authority)—
a
in paragraph (1)—
i
before “33(1)” insert “31B(1) or”, and
ii
before “44(1)” insert “42B(1) or”, and
b
in paragraph (2), before “44(1)” insert “42B(1) or”.
Regulation 85
In regulation 8 (prescribed period)—
a
in paragraph (1)—
i
for “33(1) and 44(1)” substitute “31B(1), 42B(1), and 52ZX(5)”, and
ii
for “(2) and (3)” substitute “(2) to (4)”, and
b
after paragraph (3), insert—
4
In respect of the financial year beginning on 1st April 2012, the prescribed period for the purposes of item T in section 52ZX(5) is the period beginning on 1st April 2012 and ending on 31st May 2012.
Regulation 96
In regulation 9(1) (determination of billing authority’s council tax base), for “33(1)” substitute “31B(1)”.
Regulation 107
In regulation 10 (determination of council tax base for the purposes of a major precepting authority)—
a
in paragraph (1), for “44(1)” substitute “42B(1)”, and
b
in paragraph (4), for “33(1)” substitute “31B(1)”.
New regulation 10A8
After regulation 10 insert—
Determination of council tax base for the purposes of a local precepting authority10A
1
Item T in section 52ZX(5) shall, in a case where a billing authority fails to notify its calculation for a financial year to the local precepting authority concerned within the period prescribed in regulation 8, be determined by the local precepting authority in the following manner.
2
Item T shall be determined in accordance with the rules contained in regulation 6 on the basis of all the information available to the local precepting authority but, for this purpose, the relevant day in respect of a financial year is the day on which the authority calculates the relevant amount for the year for the purposes of the determination.
3
The local precepting authority shall, in particular, have regard to any amount calculated for the preceding financial year by the billing authority—
a
as item TP in section 34(3) for the part of its area falling within the local precepting authority’s area, or
b
as item T in section 52ZX(5).
The Transport Levying Bodies Regulations 19927
Regulation 129
In regulation 12 (anticipation of levies: billing authorities), for each occurrence of “32” substitute “31A”8.
Regulation 1310
In regulation 13 (anticipation of levies: county councils), for each occurrence of “43” substitute “42A”9.
The Levying Bodies (General) Regulations 199210
Regulation 1111
In regulation 11 (anticipation of levies), in paragraph (2)—
a
for “32” substitute “31A”, and
b
for “43” substitute “42A”.
The National Park Authorities (Levies) (England) Regulations 199611
Regulation 912
In regulation 9 (anticipation of levies), in paragraph (3), for “that section 32 or 43” substitute “section 31A or 42A of the 1992 Act (calculation of council tax requirement by authorities in England)”.
The Charter Trustees Regulations 199612
Regulation 1313
In regulation 13 (precepts)—
a
in paragraph (2), in the text substituted for section 41(3) of the Local Government Finance Act 1992, for each occurrence of “32” substitute “31A”,
b
in paragraph (3)(a)—
i
for “32” substitute “31A”,
ii
for “budget” substitute “council tax”, and
iii
after “(6)” insert “(b)”,
c
in paragraph (4), for “32” substitute “31A”, and
d
in paragraph (5)—
i
for “50” substitute “49A”,
ii
for each occurrence of “budget” substitute “council tax”, and
iii
for “local precepting authorities” substitute “authorities in England”.
The Local Authorities (Standing Orders) (England) Regulations 200113
Schedule 214
1
In Part 1 (authority with mayor and cabinet executive or mayor and council manager executive)—
a
in paragraph 8(a)—
i
for “32 to 37” substitute “31A, 31B and 34 to 36A14”,
ii
for “43 to 49” substitute “42A, 42B and 45 to 4915”, and
iii
for “budget” substitute “council tax”, and
b
omit paragraph 14.
2
In Part 2 (authority with leader and cabinet executive)—
a
in paragraph 6(a)—
i
for “32 to 37” substitute “31A, 31B and 34 to 36A”, and
ii
for “43 to 49” substitute “42A, 42B and 45 to 49”.
b
omit paragraph 10.
The Local Government Finance (New Parishes) (England) Regulations 200816
Regulation 315
In regulation 3 (calculation of budget requirement)—
a
in the heading, for “budget” substitute “council tax”,
b
in paragraph (2)—
i
for “32” substitute “31A”, and
ii
for “budget” substitute “council tax”,
c
in paragraph (3)—
i
for “32” substitute “31A”, and
ii
after “(6)” insert “(b)”, and
d
in paragraph (4)—
i
for “50” substitute “49A”,
ii
for each occurrence of “budget” substitute “council tax”, and
iii
for “local precepting authorities” substitute “authorities in England”.
The Local Government (Structural Changes) (Further Financial Provisions and Amendment) Regulations 200917
Regulation 316
In regulation 3 (establishment of collection funds)—
a
for “32” substitute “31A”, and
b
for “budget” substitute “council tax”.
Regulation 617
In regulation 6 (anticipation of amounts required to discharge functions of charter trustees)—
a
in paragraph (1)—
i
for “32” substitute “31A”, and
ii
for “budget” substitute “council tax”, and
b
for paragraph (3) substitute—
3
Where paragraph 1 applies, section 36A(1) of the 1992 Act (substitute calculations: England) shall have effect as if after “purpose” there were inserted “and taking into account the modification of that section by regulation 6(1) of the Local Government (Structural Changes) (Further Provisions and Amendment) Regulations 2008.
The Environment Agency (Levies) (England and Wales) Regulations 201118
Regulation 1118
In regulation 11 (anticipation of levy)—
a
in paragraph (4)(a), for “32” substitute “31A”, and
b
in paragraph 4(b), for “43” substitute “42A”.