Office of Public Sector Information
SCHEDULE 5 continued
(2) A person may require a charging authority to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if—
(a) the authority has deposited the copy under section 41(6B) above, and
(b) the list is in force or has been in force at any time in the preceding 5 years.
(3) A person may require the Secretary of State to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if—
(a) the Secretary of State has deposited the copy under section 52(6B) above, and
(b) the list is in force or has been in force at any time in the preceding 5 years.
(4) A person may require a charging authority to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if—
(a) the authority has deposited the copy under section 41(6) above, and
(b) the list itself is not yet in force.
(5) A person may require the Secretary of State to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if—
(a) the Secretary of State has deposited the copy under section 52(6) above, and
(b) the list itself is not yet in force.
(6) A requirement under any of the preceding provisions of this paragraph must be complied with at a reasonable time and place and without payment being sought; but the information may be in documentary or other form, as the person or authority of whom the requirement is made thinks fit.
(7) Where access is given under this paragraph to information in documentary form the person to whom access is given may—
(a) make copies of (or of extracts from) the document;
(b) require a person having custody of the document to supply to him a photographic copy of (or of extracts from) the document.
(8) Where access is given under this paragraph to information in a form which is not documentary the person to whom access is given may—
(a) make transcripts of (or of extracts from) the information;
(b) require a person having control of access to the information to supply to him a copy in documentary form of (or of extracts from) the information.
(9) If a reasonable charge is required for a facility under sub-paragraph (7) or (8) above, the sub-paragraph concerned shall not apply unless the person seeking to avail himself of the facility pays the charge.
(10) If without reasonable excuse a person having custody of a document containing, or having control of access to, information access to which is sought under this paragraph—
(a) intentionally obstructs a person in exercising a right under sub-paragraph (1), (2), (3), (4), (5), (7)(a) or (8)(a) above, or
(b) refuses to comply with a requirement under sub-paragraph (7)(b) or (8)(b) above,
he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
9 (1) A person may, at a reasonable time and without making payment, inspect any proposal made or notice of appeal given under regulations made under section 55 above, if made or given as regards a list which is in force when inspection is sought or has been in force at any time in the preceding 5 years.
(2) A person may—
(a) make copies of (or of extracts from) a document mentioned in sub-paragraph (1) above, or
(b) require a person having custody of such a document to supply to him a photographic copy of (or of extracts from) the document.
(3) If a reasonable charge is required for a facility under sub-paragraph (2) above, the sub-paragraph shall not apply unless the person seeking to avail himself of the facility pays the charge.
(4) If without reasonable excuse a person having custody of a document mentioned in sub-paragraph (1) above—
(a) intentionally obstructs a person in exercising a right under sub-paragraph (1) or (2)(a) above, or
(b) refuses to supply a copy to a person entitled to it under sub-paragraph (2)(b) above,
he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.”
49 (1) Section 68 (precepts to be issued) shall be amended as follows.
(2) In subsection (2) (precepts to be issued before 11 March) for “11 March” there shall be substituted “1 March”.
(3) For subsection (4) there shall be substituted the following subsections—
“(4) The items are—
(a) the expenditure the authority estimates it will incur in the year in performing its functions in the year and will charge to a revenue account for the year;
(b) such allowance as the authority estimates will be appropriate for contingencies in relation to expenditure to be charged to a revenue account for the year;
(c) the financial reserves which the authority estimates it will be appropriate to raise in the year for meeting the estimated expenditure referred to in subsection (4A) below; and
(d) such financial reserves as are sufficient to meet so much of the amount estimated by the authority to be a revenue account deficit for any earlier financial year as has not already been provided for.
(4A) The estimated expenditure referred to in subsection (4)(c) above is—
(a) that which the authority estimates that, in the financial year following the year in question, it will incur, will charge to a revenue account and will have to defray before sums yielded by way of precepts are sufficiently available; and
(b) that which the authority estimates it will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year.
(4B) References in subsections (4) and (4A) above to expenditure incurred by the authority shall be construed in accordance with section 41(3) of the Local Government and Housing Act 1989.”
50 In section 69 (precepted authorities) the following subsections shall be substituted for subsection (7)—
“(7) As regards precepts for a particular financial year the relevant population of the area of an English charging authority is the relevant population, calculated under paragraph 4 of Schedule 12A below, of the area for the year.
(7A) As regards precepts for a particular financial year the relevant population of the area of a Welsh charging authority is the relevant population, calculated under paragraph 5 of Schedule 12A below, of the area for the year.
(7B) As regards precepts for a particular financial year the relevant population of part of the area of a charging authority is the relevant population, calculated under paragraph 6 of Schedule 12A below, of the part for the year.”
51 In section 70(2) (county council’s general and special expenses) in paragraph (b) for “its expenses needed to meet” there shall be substituted “the expenses of meeting”.
52 (1) Section 73 (information) shall be amended as follows.
(2) In subsection (2) after “require” there shall be inserted “the Secretary of State or”.
(3) The following subsections shall be inserted after subsection (2)—
“(2A) Where regulations under Schedule 2 or 9 below contain provision about the contents or form of a notice to be served by a charging authority, they may also require the Secretary of State or any appropriate precepting authority to supply the charging authority with prescribed information if the Secretary of State considers it to be information the charging authority needs to ensure that the provision is met.
(2B) Where any person other than the Secretary of State fails to supply information to a charging authority in accordance with regulations by virtue of subsection (2) or (2A) above he shall be liable to indemnify the authority against any loss or damage which the authority sustains in consequence of the failure.”
(4) In subsection (3) after “(2)” there shall be inserted “or (2A)”.
53 In section 74 (levies) in subsection (5)(a) after “72 above” there shall be inserted “or in Schedule 12A below or in regulations under section 73(1) above or in regulations under Schedule 12A below”.
54 The following section shall be inserted after section 74—
(1) Where regulations under Schedule 2 or 9 below impose a duty on a charging authority to supply information to any person, they may also require any appropriate levying body to supply the charging authority with prescribed information if the Secretary of State considers it to be information the charging authority needs in order to fulfil its duty.
(2) For the purposes of subsection (1) above a body is an appropriate levying body in relation to a charging authority if—
(a) it has power to issue a levy to the charging authority, or
(b) it has power to issue a levy to a county council which has power to issue a precept to the charging authority.”
55 (1) Section 75 (special levies) shall be amended as follows.
(2) In subsection (2) for “Secretary of State” there shall be substituted “appropriate Minister”.
(3) In subsection (7)(a)—
(a) after “72 above” there shall be inserted “or in Schedule 12A below or in regulations under section 73(1) above or in regulations under Schedule 12A below”, and
(b) for “Secretary of State” there shall be substituted “appropriate Minister”.
(4) At the end of that section there shall be added the following subsection—
“(8) In this section “the appropriate Minister” has the same meaning as in section 118 below.”
56 The following section shall be inserted after section 75—
(1) Where regulations under Schedule 2 or 9 below impose a duty on a charging authority to supply information to any person, they may also require any appropriate levying body to supply the charging authority with prescribed information if the Secretary of State considers it to be information the charging authority needs in order to fulfil its duty.
(2) For the purposes of subsection (1) above a body is an appropriate levying body in relation to a charging authority if it has power to issue a special levy to the charging authority.”
57 (1) Section 77 (information) shall be omitted.
(2) This paragraph shall not affect the operation of section 77 as regards a case where a notice has been served under it before the coming into force of this paragraph.
58 (1) Section 82 (calculation of revenue support grant payable) shall be amended as follows.
(2) At the end of subsection (3) there shall be inserted “; and he may decide different dates for different kinds of information.”
(3) In subsection (4) after “date” there shall be inserted “(or the dates and kinds of information)”.
59 (1) Section 84 (special provision for transitional years) shall be amended as follows.
(2) In subsection (3) the following paragraphs shall be substituted for paragraphs (b) and (c)—
“(b) may contain provision for one transitional year, or for more than one, as the Secretary of State thinks fit;
(c) may make different provision for different authorities;
(d) if it contains provision for more than one transitional year, may make different provision for the different years.”
(3) In subsection (5) after “transitional year” there shall be inserted “for which the report contains provision”.
60 In section 88 (transport grants: supplementary), in subsections (4) and (6) for the words from “prescribed expenditure” onwards there shall, in each case, be substituted “expenditure for capital purposes within the meaning of Part IV of the Local Government and Housing Act 1989”.
61 The following section shall be inserted after section 88—
(1) If regulations under section 13A above have effect as regards a chargeable financial year the Secretary of State may, with the consent of the Treasury, pay a grant to a charging authority as regards that financial year.
(2) The amount of the grant shall be such as the Secretary of State may with the consent of the Treasury determine.
(3) A grant under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may with the consent of the Treasury determine.
(4) In making any payment of grant under this section the Secretary of State may impose such conditions as he may with the consent of the Treasury determine; and the conditions may relate to the repayment in specified circumstances of all or part of the amount paid, or otherwise.
(5) In deciding whether to pay a grant under this section, and in determining the amount of any such grant, the Secretary of State shall have regard to his estimate of the aggregate of—
(a) any amount which, in consequence of the regulations, the authority might reasonably be expected to lose, or to have lost, by way of payments in respect of community charges as they have effect for the financial year concerned, and
(b) any administrative expenses the authority might reasonably be expected to incur, or to have incurred, in giving effect to the regulations in their application to the financial year concerned.”
62 In section 89(4) (use of sums paid into charging authority’s collection fund) for “settlement” there shall be substituted “the making”, and consequently in section 89(5) for “settling” there shall be substituted “making”.
63 (1) In section 95 (calculations to be made by authorities) for subsection (2) there shall be substituted the following subsections—
“(2) The authority must calculate the aggregate of—
(a) the expenditure the authority estimates it will incur in the year in performing its functions in the year and will charge to a revenue account for the year;
(b) such allowance as the authority estimates will be appropriate for contingencies in relation to expenditure to be charged to a revenue account for the year;
(c) the financial reserves which the authority estimates it will be appropriate to raise in the year for meeting the estimated expenditure referred to in subsection (2A) below;
(d) such financial reserves as are sufficient to meet so much of the amount estimated by the authority to be a revenue account deficit for any earlier financial year as has not already been provided for; and
(e) any amounts it estimates will be charged to a revenue account in respect of the authority’s general fund or City fund, as the case may be, by virtue of a transfer,—
(i) pursuant to regulations under section 89(5) above, of such an additional sum as is referred to in subsection (3)(d) of section 98 below; or
(ii) pursuant to a direction under subsection (5) of that section, of such an amount as is referred to in that subsection.
(2A) The estimated expenditure referred to in subsection (2)(c) above is—
(a) that which the authority estimates that, in the financial year following the year in question, it will incur, will charge to a revenue account and will have to defray before sums to be transferred as regards that year from its collection fund to its general fund or to the City fund (as the case may be) become sufficiently available; and
(b) that which the authority estimates it will incur in the financial year referred to in paragraph (a) above or any subsequent financial year in performing its functions and which will be charged to a revenue account for that or any other year.
(2B) References in subsections (2) and (2A) above to expenditure incurred by the authority shall be construed in accordance with section 41(3) of the Local Government and Housing Act 1989.”
(2) In subsection (3) of that section, for the words following “the aggregate of” there shall be substituted—
“(a) the sums which it estimates will be payable for the year into its general fund or into the City fund (as the case may be) and in respect of which amounts are to be credited to a revenue account for the year;
(a) the amounts which it estimates will be transferred from its collection fund to its general fund or the City fund (as the case may be) pursuant to a direction under section 98(4) below and credited to a revenue account for the year; and
(b) the amount of the financial reserves which the authority estimates that it will use in order to provide for the items mentioned in paragraphs (a), (b) and (e) of subsection (2) above.”
(3) In subsection (7) of that section, after the word “which” there shall be inserted “in accordance with section 97 below”.
64 In section 98 (transfers between funds) in subsection (3)(d) the words “and calculated in a prescribed manner” shall be omitted.
65 In section 99 (regulations) in subsection (2)(d) the words “at such rate as may be prescribed” shall be omitted.
66 The following subsection shall be inserted after subsection (3) of section 114 (functions of chief finance officer)—
“(3A) It shall be the duty of the chief finance officer of a relevant authority, in preparing a report in pursuance of subsection (2) above, to consult so far as practicable—
(a) with the person who is for the time being designated as the head of the authority’s paid service under section 4 of the Local Government and Housing Act 1989; and
(b) with the person who is for the time being responsible for performing the duties of the authority’s monitoring officer under section 5 of that Act.”
67 (1) In section 118 (power to abolish or modify existing rates), at the end of subsection (1) there shall be added “and, in the case of an internal drainage board, there shall be disregarded for the purposes of paragraph (b) above any agreement under section 81 of the Land Drainage Act 1976 under which the board have agreed that no drainage rate will be levied on occupiers or owners of certain rateable hereditaments”.
(2) In subsections (2) and (4) of that section for the words “Secretary of State” there shall be substituted “appropriate Minister”.
(3) At the end of subsection (5) of that section there shall be added “and “the appropriate Minister” means—
(a) as respects any internal drainage board whose district is wholly within England, the Minister of Agriculture, Fisheries and Food;
(b) as respects any internal drainage board whose district is partly in England and partly in Wales, that Minister and the Secretary of State acting jointly; and
(c) as respects any other body, the Secretary of State.”
68 The following section shall be inserted after section 139—
(1) Subsection (2) below applies where—
(a) the Secretary of State serves a notice on a relevant authority or relevant officer requiring it or him to supply to the Secretary of State information specified in the notice,
(b) the information is required by the Secretary of State for the purpose of deciding whether to exercise his powers, and how to perform his functions, under this Act, and
(c) the information is not personal information.
(2) The authority or officer shall supply the information required, and shall do so in such form and manner and at such time as the Secretary of State specifies in the notice.
(3) If an authority or officer fails to comply with subsection (2) above the Secretary of State may assume the information required to be such as he sees fit; and in such a case the Secretary of State may decide in accordance with the assumption whether to exercise his powers, and how to perform his functions, under this Act.
(4) In deciding whether to exercise his powers, and how to perform his functions, under this Act the Secretary of State may also take into account any other information available to him, whatever its source and whether or not obtained under a provision contained in or made under this or any other Act.
(5) Each of the following is a relevant authority—
(a) a charging authority;
(b) a precepting authority.
(6) The community charges registration officer for a charging authority is a relevant officer.
(7) Personal information is information which relates to an individual (living or dead) who can be identified from that information or from that and other information supplied to any person by the authority or officer concerned; and personal information includes any expression of opinion about the individual and any indication of the intentions of any person in respect of the individual.
(8) This section shall have effect before 1 April 1990 as if after paragraph (b) of subsection (5) above there were inserted—
“(c) the Inner London Education Authority.””
69 (1) Section 140 (separate administration in England and Wales) shall be amended as follows.
(2) In subsection (1) after “VII” there shall be inserted “, and paragraphs 1 to 4 of Schedule 12A below,”.
(3) In subsection (2) the word “and” at the end of paragraph (e) shall be omitted, and after paragraph (f) there shall be inserted “and
(a) separate reports under Schedule 12A below shall be made.”
(4) In subsection (3) after “VII” there shall be inserted “, and paragraphs 1 to 4 of Schedule 12A below,”.
70 The following subsection shall be inserted at the end of section 141 (payments to and from authorities)—
“(9) In the application of this section to England, the second relevant provisions also include section 81 of the Education Reform Act 1988 (recovery from local funds of sums in respect of maintenance grant)”.
71 The following sections shall be inserted after section 141—
(1) The Secretary of State may make regulations in relation to any case where—
(a) he is liable to pay to an English charging authority at any time an amount or amounts under one or more of the first relevant provisions, and
(b) a precepting authority which has power to issue a precept to the charging authority is liable to pay to him at the same time an amount under the second relevant provision.
(2) The regulations may provide that if the total of the amount or amounts mentioned in subsection (1)(a) above exceeds the charging authority’s relevant amount the Secretary of State may set off an amount equal to that amount in paying that total.
(3) The regulations may provide that if the total of the amount or amounts mentioned in subsection (1)(a) above is equal to or less than the charging authority’s relevant amount no payment need be made in respect of that total.
(4) The regulations may provide that where the Secretary of State sets off or refrains from paying an amount under any provision included under subsection (2) or (3) above—
(a) the Secretary of State’s liability to the charging authority shall be treated as discharged to the extent of an amount equal to that amount,
(b) what the precepting authority is liable to pay to the Secretary of State shall be treated as reduced by an amount equal to that amount, and
(c) an amount equal to that amount shall be due from the precepting authority to the charging authority.
(5) The regulations may provide that an amount due from the precepting authority to the charging authority by virtue of provision included under subsection (4)(c) above shall be recoverable by such method as may be prescribed (whether by making a deduction from an amount payable in respect of a precept or otherwise).
(6) The regulations may provide that—
(a) where an amount due from the precepting authority to the charging authority by virtue of provision included under subsection (4)(c) above is recovered by payment to the charging authority, that authority shall pay into its collection fund an amount equal to the amount paid to it;
(b) where an amount due from the precepting authority to the charging authority by virtue of provision included under subsection (4)(c) above is recovered by making a deduction from an amount payable in respect of a precept, the charging authority shall retain in its collection fund an amount equal to the amount deducted.
(7) Without prejudice to section 143(2) below, the regulations may include provision—
(a) requiring prescribed provisions of this Act (such as sections 79(2) and 86(2)) to be read subject to the regulations;
(b) requiring prescribed provisions of this Act (such as paragraph 2 of Schedule 8) to be read as if references to payments made were to payments which would have been made apart from the regulations.
(8) Where the Secretary of State is liable to pay to the charging authority at any time an amount or amounts under one or more of the first relevant provisions, for the purposes of this section and regulations under it—
(a) the amount or amounts shall be treated as reduced by anything he may set off, by virtue of regulations under section 141 above, in paying the amount or amounts;
(b) he shall be treated as not liable to pay any such amount or amounts if, by virtue of regulations under that section, no payment need be made in respect of the amount or amounts.
(1) This section applies for the purposes of section 141A above.
(2) The charging authority’s relevant amount shall be determined by applying the formula—
(3) A is the amount mentioned in section 141A(1)(b) above.
(4) B is the relevant population (calculated by reference to the time mentioned in section 141A(1) above) of the charging authority.
(5) C is the aggregate of the relevant populations (calculated by reference to the time mentioned in section 141A(1) above) of all charging authorities which fulfil the following conditions—
(a) they are authorities to which the precepting authority has power to raise a precept, and
(b) they are authorities to which the Secretary of State is liable to pay at the time mentioned in section 141A(1) above an amount or amounts under one or more of the first relevant provisions.
(6) As regards any particular time the relevant population of a charging authority is the relevant population, calculated under paragraph 4 of Schedule 12A below, of the area of the authority for the financial year in which the time falls.
(7) The first relevant provisions are sections 83 and 86 above, paragraph 5(10) of Schedule 8 below, regulations made under paragraph 6(5) of that Schedule, and paragraph 9 of that Schedule.
(8) The second relevant provision is section 81 of the Education Reform Act 1988 (recovery from local funds of sums in respect of maintenance grant).”
72 (1) Section 143 (orders and regulations) shall be amended as follows.
(2) In subsection (2) after “Secretary of State” there shall be inserted “the Minister of Agriculture, Fisheries and Food”.
(3) In subsection (3) for “(9)” there shall be substituted “(9B)”.
(4) In subsection (4) the words “57 or” shall be omitted.
(5) In subsection (5) after “118 above” there shall be inserted “other than regulations relating to an internal drainage board”.
(6) The following subsections shall be inserted after subsection (9)—
“(9A) The power to make an order under paragraph 5 of Schedule 7A below shall be exercisable by statutory instrument, and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(9B) The power to make regulations under paragraph 5 or 6 of Schedule 12A below shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.”
(7) In subsection (10) after “118 above” there shall be inserted “other than regulations relating to an internal drainage board”.
73 The following section shall be inserted after section 145—
Schedule 12A below (which contains provisions about relevant population) shall have effect.”
74 The following Schedule shall be inserted after Schedule 12—
Local Government and Housing Act 1989 (C. 42)