Statutory Instrument 1998 No. 119

The Local Government Finance (New Parishes) Regulations 1998

---

© Crown Copyright 1998

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Local Government Finance (New Parishes) Regulations 1998 , ISBN 0 11 065422 6. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

Calculation of budget requirement
     3.  - (1) This regulation applies - 

(a) in relation to a new parish, the prospective billing authority, the relevant year, the relevant chairman and the relevant parish council (if any); and

(b) as respects the period beginning on the day after that on which the section 14 order is made and ending immediately before the day on which a precept for the relevant year is issued by the relevant parish council, or the relevant chairman, as the case may be.

    (2) In making calculations in accordance with section 32 of the Act (calculation of budget requirement by billing authorities), originally or by way of substitute, the prospective billing authority shall anticipate a precept by taking into account for the purposes of its estimate under subsection (2)(a) of that section an amount equal to that specified, in relation to a relevant parish council or a relevant chairman, as the case may be, for the purposes of these Regulations, in a section 14 order which creates the new parish.

    (3) Section 32 of the Act shall have effect as if subsection (6) were omitted.

    (4) The relevant parish council, or the relevant chairman, shall make the calculations required by section 50 of the Act (calculation of budget requirement by local precepting authorities) for the relevant year so as to secure that the amount calculated as its budget requirement for that year does not exceed the amount specified in relation to the relevant parish council or relevant chairman, as the case may be, in the relevant section 14 order.

Special items
     4. In relation to an amount taken into account for the purposes of section 32(2)(a) of the Act by virtue of regulation 3(2), Chapter III of Part I of the Act (setting of council tax) shall have effect as if the amount were an item mentioned in section 35(1) of the Act (special items for purposes of section 34) which related to a part of the area of the prospective billing authority.

Issue of precepts
     5.  - (1) This regulation applies in relation to a relevant parish or a relevant chairman, as the case may be, and the relevant year.

    (2) Section 41(4) of the Act (issue of precepts by local precepting authorities) shall have effect as if the words "March in the financial year preceding that for which it is issued" were substituted by "October in the financial year for which it is issued".

    (3) The reference in section 42(2) to section 41 shall have effect as if it were a reference to section 41 as modified by paragraph (2).

    (4) Regulation 3 of the Billing Authorities (Anticipation of Precepts) (Amendment) Regulations 1995[3] shall have effect as if the amount to be paid by the prospective billing authority to the relevant parish council or the relevant chairman which issued the precept were a sum equal to the amount of the precept issued (or last issued) by it.

Limitation of council tax and precepts
     6. In relation to the relevant year and a prospective billing authority, the references in sections 54(4) (power to designate authorities) and 64(2) (information) of the Act to the aggregate amount of precepts anticipated by a billing authority in pursuance of regulations under section 41 shall have effect as if the aggregate amount included the amount specified in relation to a relevant parish council or a relevant chairman in a section 14 order.



Signed by authority of the Secretary of State for the Environment, Transport and the Regions


Hilary Armstrong
Minister of State, Department of the Environment, Transport and the Regions

26th January 1998

[2] 1997 c.29.back

[3] S.I. 1995/235.back