Section 52Q: Challenge of maximum amount., Local Government Finance Act 1992

This section applies if—

an authority designated under section 52M above informs the Welsh Ministers by notice in writing under subsection (8)(a) of that section, or

an authority designated under section 52P above informs the Welsh Ministers by notice in writing under subsection (8)(a) of that section.

After considering any information falling within subsection (3) below the Welsh Ministers —

shall make an order stating the amount which the amount calculated by the authority as its budget requirement for the year is not to exceed;

may alter the target amount for the year.

Information falling within this subsection is—

information which is supplied by the authority and is of a kind and provided in a form specified by the Welsh Ministers for the purposes of this section;

any other information they think is relevant.

The following paragraphs apply for the purposes of subsection (2) above—

if the authority has already calculated an amount as its budget requirement for the year, the amount stated under subsection (2)(a) above may not exceed the amount already calculated unless in the Welsh Ministers' opinion the authority failed to comply with section 32 or 43 above (as the case may be) in making the calculation;

subject to paragraph (a) above, the amount stated under subsection (2)(a) above may be the same as, or greater or smaller than, that stated in the notice under section 52M(4)(b) or 52P(4)(b) above (as the case may be);

the Welsh Ministers may alter the target amount for the year under subsection (2)(b) above only if the amount stated under subsection (2)(a) above is greater or smaller than that stated in the notice under section 52M(4)(b) or 52P(4)(b) above (as the case may be).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

An order under this section—

shall not be made unless a draft of it has been laid before and approved by resolution of the National Assembly for Wales;

may relate to two or more authorities.

As soon as is reasonably practicable after an order under this section is made the Welsh Ministers shall serve on the authority (or each authority) a notice stating—

the amount stated in the case of the authority concerned in the order;

the altered target amount for the year (if they alter it in the case of the authority concerned).

When they serve a notice under subsection (7) above on a precepting authority the Welsh Ministers shall also serve a copy of it on each billing authority to which the precepting authority has power to issue a precept.

In applying subsection (4)(a) above the Welsh Ministers shall ignore any calculation for which another has been substituted at the time of designation.

Section 52Q: Challenge of maximum amount.

Discussed in

About this text