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Local Government Bill


Local Government Bill
Schedule 2 — Welsh local government finance reports

    83

 

       84E            Revenue support grant: Wales

              (1)             The National Assembly for Wales shall pay a grant for each financial

year to—

                    (a)                   receiving authorities, and

                    (b)                   specified bodies.

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              (2)             Grant under this section shall be known as revenue support grant.

              (3)             Revenue support grant shall be payable in accordance with this

Chapter.

       84F            Determination of grant

              (1)             The National Assembly for Wales shall for each financial year

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make—

                    (a)                   a determination under subsection (2), or

                    (b)                   a determination under each of subsections (3) and (4).

              (2)             A determination under this subsection shall state—

                    (a)                   the total amount of revenue support grant for the year,

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                    (b)                   the amount of the grant the Assembly proposes to pay to

receiving authorities, and

                    (c)                   the amount of the grant the Assembly proposes to pay to each

specified body.

              (3)             A determination under this subsection shall state—

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                    (a)                   the total amount of revenue support grant for the year for—

                           (i)                          receiving authorities other than police authorities,

and

                           (ii)                         specified bodies,

                    (b)                   the amount of the grant the Assembly proposes to pay to

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receiving authorities that are not police authorities, and

                    (c)                   the amount of the grant the Assembly proposes to pay to each

specified body.

              (4)             A determination under this subsection shall state the total amount of

revenue support grant for the year for police authorities.

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              (5)             Before making a determination under this section, the Assembly

shall consult such representatives of local government as appear to it

to be appropriate.

              (6)             Different amounts may be stated under subsection (2)(c) or (3)(c) in

relation to different specified bodies.

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              (7)             In this section “police authority” means a police authority

established under section 3 of the Police Act 1996.

       84G            Local government finance reports

              (1)             The National Assembly for Wales shall specify a determination

under section 84F in a report, to be called a local government finance

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report.

              (2)             A local government finance report shall also specify the basis on

which the Assembly proposes to distribute among the receiving

 

 

Local Government Bill
Schedule 2 — Welsh local government finance reports

    84

 

authorities to which the report relates the amount stated under

section 84F(2)(b) or, as the case may be, section 84F(3)(b) or (4).

              (3)             Before making a report under this section, the Assembly shall notify

the general nature of the basis of distribution proposed to be

specified in the report to such representatives of local government as

5

appear to it to be appropriate.

              (4)             A report made under this section shall be published by the

Assembly.

              (5)             As soon as is reasonably practicable after a report is published under

subsection (4), the Assembly shall send a copy of the report to each

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of the receiving authorities to which the report relates.

       84H            Effect of publication of local government finance report

              (1)             This section applies where the National Assembly for Wales

publishes a local government finance report.

              (2)             The Assembly shall pay revenue support grant for the year to which

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the report relates in accordance with the determination specified in

the report.

              (3)             The amount of revenue support grant to be paid to receiving

authorities in accordance with subsection (2) shall be distributed

among, and paid to, them in accordance with sections 84J and 84K.

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              (4)             The amount of revenue support grant to be paid to a specified body

in accordance with subsection (2) shall be paid at such time, or in

instalments of such amounts and at such times, as the Assembly may

determine.

              (5)             The time of payment under subsection (4) may be during or after the

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financial year for which the grant is payable.

       84J            Calculation of grant payable to receiving authorities

              (1)             This section applies where the National Assembly for Wales

publishes a local government finance report.

              (2)             As soon as is reasonably practicable after the report has been

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published, the Assembly shall calculate in relation to each receiving

authority to which the report relates what sum, if any, falls to be paid

to the authority by way of revenue support grant for the year to

which the report relates.

              (3)             The calculation under subsection (2) shall be in accordance with the

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basis of distribution specified in the report.

              (4)             The Assembly may carry out the subsection (2) calculation again at

any time before the end of the financial year immediately following

the one to which the report relates.

              (5)             The power under subsection (4) may only be exercised once and

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ceases to be exercisable if the Assembly publishes under section 84L

a report amending the local government finance report.

 

 

Local Government Bill
Schedule 2 — Welsh local government finance reports

    85

 

              (6)             As soon as is reasonably practicable after making a calculation under

subsection (2) or (4), the Assembly shall inform each receiving

authority to which the report relates of the outcome, so far as relating

to it.

       84K            Payment of grant to receiving authorities

5

              (1)             The National Assembly for Wales shall pay any sum calculated

under section 84J(2) as falling to be paid by way of revenue support

grant to a receiving authority in instalments of such amounts, and at

such times in the financial year for which the grant is payable, as the

Assembly may determine.

10

              (2)             Where the Assembly makes a calculation under section 84J(4) that

shows an increase in the sum that falls to be paid to a receiving

authority, the Assembly shall pay the authority a sum equal to the

difference.

              (3)             Payment under subsection (2) shall be at such time, or in instalments

15

of such amounts and at such times, as the Assembly may determine,

subject to subsection (4).

              (4)             The time for payment under subsection (2) must be after the end of

the financial year for which the grant is payable.

              (5)             Where the Assembly makes a calculation under section 84J(4) that

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shows a decrease in the sum that falls to be paid to a receiving

authority, the authority shall pay to the Assembly a sum equal to the

difference.

              (6)             The time for payment under subsection (5) shall be such day after the

end of the financial year for which the grant is payable as the

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Assembly may specify.

       84L            Amending reports

              (1)             Where the National Assembly for Wales has published a local

government finance report, the Assembly may make a report

containing amendments to the basis of distribution specified under

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section 84G(2) in the published report.

              (2)             Where the Assembly has published two local government finance

reports relating to the same financial year, the power under

subsection (1) may (in particular) be exercised by making a single

report relating to both of the published reports.

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              (3)             In relation to any particular local government finance report, the

power under subsection (1) is exercisable—

                    (a)                   at any time before the end of the financial year immediately

following the one to which the report relates, but

                    (b)                   only once.

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              (4)             Before making a report under this section, the Assembly shall notify

to such representatives of local government as appear to it to be

appropriate the general nature of the amendments it proposes to

make.

 

 

Local Government Bill
Schedule 2 — Welsh local government finance reports

    86

 

              (5)             A report made under this section shall be published by the

Assembly.

              (6)             As soon as is reasonably practicable after the Assembly publishes

under this section a report relating to a local government finance

report, the Assembly shall send a copy of the published report to

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each receiving authority to which the local government finance

report relates.

       84M            Recalculation of grant following amending report

              (1)             This section applies where the National Assembly for Wales

publishes under section 84L a report (“the amending report”)

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relating to a local government finance report (“the original report”).

              (2)             As soon as is reasonably practicable after the Assembly publishes the

amending report, the Assembly shall calculate in relation to each

receiving authority to which the original report relates what sum, if

any, falls to be paid to the authority by way of revenue support grant

15

for the financial year to which the original report relates.

              (3)             The calculation under subsection (2) shall be in accordance with the

amended basis of distribution.

              (4)             The Assembly may carry out the subsection (2) calculation again at

any time before—

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                    (a)                   the end of the financial year immediately following the one to

which the original report relates, or

                    (b)                   if later, the end of the period of 3 months beginning with the

day on which the Assembly publishes the amending report.

              (5)             The power under subsection (4) may only be exercised once.

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              (6)             As soon as is reasonably practicable after making a calculation under

subsection (2) or (4), the Assembly shall inform each receiving

authority to which the original report relates of the outcome, so far

as relating to it.

       84N            Payment of grant following amending report

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              (1)             Where the National Assembly for Wales makes a calculation under

section 84M(2) or (4) that shows an increase in the sum that falls to be

paid to a receiving authority, it shall pay the authority a sum equal

to the difference.

              (2)             Payment under subsection (1) shall be at such time, or in instalments

35

of such amounts and at such times, as the Assembly may determine,

subject to subsection (3).

              (3)             The time for payment under subsection (2) must be after the end of

the financial year in which the report under section 84L was made.

              (4)             Where the Assembly makes a calculation under section 84M(2) or (4)

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that shows a decrease in the sum that falls to be paid to a receiving

authority, the authority shall pay a sum equal to the difference to the

Assembly.

 

 

Local Government Bill
Schedule 2 — Welsh local government finance reports

    87

 

              (5)             The time for payment under subsection (4) shall be such day after the

end of the financial year in which the report under section 84L was

made as the Assembly may specify.

       84P            Information deadlines

              (1)             The National Assembly for Wales may set a deadline for the receipt

5

of information to be taken into account by it when making a

calculation under section 84J(2) or (4) or 84M(2) or (4).

              (2)             Different deadlines may be set under subsection (1) in relation to

different kinds of information.

              (3)             A deadline under subsection (1) shall have effect only if the

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Assembly informs each receiving authority concerned of the

deadline and of the information to which it relates.

              (4)             Notification under subsection (3) may be given at any time before the

making of the calculation to which the deadline relates, including a

time before the making of a determination under section 84F for the

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year concerned.

              (5)             When making a calculation in relation to which a deadline under

subsection (1) has effect, the Assembly shall leave information to

which the deadline applies out of account if it is received after the

passing of the deadline.”

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  2       (1)      In Schedule 8 to the Local Government Finance Act 1988 (c. 41) (non-

domestic rates: pooling), Part 3 (distribution of non-domestic rates to be

dealt with in local government finance reports) is amended as follows.

          (2)      In paragraph 8(2) (meaning of “local government finance report” in Part 3 of

the Schedule), after “section 78A” there is inserted “or 84G”.

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          (3)      In paragraph 9(4) (distributable amount to be stated in local government

finance report), at the end there is inserted “, subject to paragraph 9A

below.”

          (4)      After paragraph 9 there is inserted—

“Years where two local government finance reports prepared for Wales

30

          9A                 (1)                                    Where the National Assembly for Wales publishes two local

government finance reports for a particular financial year—

                      (a)                     paragraph 9(4) above does not apply in relation to Wales as

respects that year, and

                      (b)                     the Assembly shall decide whether—

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                             (i)                            distribution among all receiving authorities of the

amount arrived at under paragraph 9 above for the

year is to be dealt with in just one of those reports

(the chosen report), or

                             (ii)                           each of those reports is to deal with the distribution

40

of so much of that amount as is for the receiving

authorities to which that report relates.

                           (2)                  If the Assembly decides as mentioned in sub-paragraph (1)(b)(i)

above—

 

 

Local Government Bill
Schedule 2 — Welsh local government finance reports

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                      (a)                     the Assembly shall specify that amount (the distributable

amount for the year) in the chosen report, and

                      (b)                     the chosen report is the local government finance report for

that year to which the requirement under paragraph 10(1)

below applies.

5

                           (3)                  If the Assembly decides as mentioned in sub-paragraph (1)(b)(ii)

above—

                      (a)                     paragraphs 10 and 11 below do not apply in relation to

Wales as respects the year (but see paragraphs 11A to 11C

below),

10

                      (b)                     the power under paragraph 13 below may (in particular)

be exercised by making a single amending report relating

to both of the local government finance reports for the

year, and

                      (c)                                             paragraph 14 below does not apply in relation to any

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report amending either of those reports (but see paragraph

14A below).”

          (5)      In paragraph 11(1)(a) (paragraph applies where distributable amount

specified in accordance with paragraph 9), for “paragraph 9” there is

substituted “paragraphs 9 and 9A(2)”.

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          (6)      After paragraph 11 there is inserted—

          “11A                 (1)                  Where the National Assembly for Wales proposes to publish two

local government finance reports for a particular financial year

and as respects that year decides as mentioned in paragraph

9A(1)(b)(ii) above, the Assembly shall in each of those reports—

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                      (a)                     specify the amount for the year arrived at under paragraph

9 above,

                      (b)                     specify how much of that amount is for the receiving

authorities to which the report relates, and

                      (c)                     specify the basis on which the Assembly proposes to

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distribute among those authorities the amount specified

under paragraph (b) above.

                           (2)                  Before making such a report as is mentioned in sub-paragraph (1)

above, the Assembly shall notify the general nature of the basis of

distribution proposed to be specified in the report to such

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representatives of local government as appear to the Assembly to

be appropriate.

          11B                 (1)                  This paragraph applies where the National Assembly for Wales—

                      (a)                     publishes a local government finance report that is one of

two being published by it for a particular financial year,

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and

                      (b)                     as respects that year decides as mentioned in paragraph

9A(1)(b)(ii) above.

                           (2)                  The amount specified under paragraph 11A(1)(b) above in the

report shall be distributed among and paid to the receiving

45

authorities to which the report relates in accordance with this

paragraph and paragraph 12 below.

                           (3)                  As soon as is reasonably practicable after the report is published,

the Assembly shall calculate in relation to each of those authorities

 

 

Local Government Bill
Schedule 2 — Welsh local government finance reports

    89

 

what sum falls to be paid to the authority as its share of the

amount specified under paragraph 11A(1)(b) above.

                           (4)                  The calculation under sub-paragraph (3) above shall be in

accordance with the basis of distribution specified in the report.

                           (5)                  The Assembly may carry out the sub-paragraph (3) calculation

5

again at any time before the end of the financial year immediately

following the one to which the report relates.

                           (6)                  The power under sub-paragraph (5) above may only be exercised

once and ceases to be exercisable if the Assembly publishes under

paragraph 13 below a report amending the report.

10

                           (7)                  As soon as is reasonably practicable after making a calculation

under sub-paragraph (3) or (5) above, the Assembly shall inform

each receiving authority to which the report relates of the

outcome, so far as relating to it.

          11C                 (1)                  The National Assembly for Wales may set a deadline for the

15

receipt of information to be taken into account by it when making

a calculation under paragraph 11B(3) or (5) above.

                           (2)                  Different deadlines may be set under sub-paragraph (1) above in

relation to different kinds of information.

                           (3)                  A deadline under sub-paragraph (1) above shall only have effect if

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the Assembly informs each receiving authority concerned of the

deadline and of the information to which it relates.

                           (4)                  Notification under sub-paragraph (3) above may be given at any

time before the making of the calculation to which the deadline

relates, including a time before the distributable amount for the

25

year is calculated under paragraph 9 above.

                           (5)                  When making a calculation in relation to which a deadline under

sub-paragraph (1) above has effect, the Assembly shall leave

information to which the deadline applies out of account if it is

received after the passing of the deadline.”

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          (7)      In paragraph 12(1) (duty to pay amounts calculated under paragraph 11(3)),

after “11(3)” there is inserted “or 11B(3)”.

          (8)      In paragraph 12, in each of sub-paragraphs (3) and (5) (cases where

recalculation shows different amount to be due)—

              (a)             after “11(4)” there is inserted “or 11B(5)”, and

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              (b)             after “11(3)” there is inserted “or 11B(3)”.

          (9)      After paragraph 14 there is inserted—

          “14A                 (1)                  This paragraph applies where—

                      (a)                     a report is made under paragraph 13 above amending a

report (“the original report”) that is one of two local

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government finance reports that the National Assembly

for Wales publishes for a particular financial year, and

                      (b)                     as respects that year the Assembly decides as mentioned in

paragraph 9A(1)(b)(ii) above.

                           (2)                  As soon as is reasonably practicable after the amending report is

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published by the Assembly, the Assembly shall calculate in

relation to each of the authorities to which the original report

relates what sum falls to be paid to the authority as its share of the

 

 

 
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