The Relevant Population (England) (Amendment) Regulations 1991

Made: 17th January 1991

Laid before the House of Commons: 18th January 1991

Coming into force: 29th January 1991

The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 140(4) and 143(1) of, and paragraph 6(2) of Schedule 12A to, the Local Government Finance Act 1988 [^f00001], and of all other powers enabling him in that behalf hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Relevant Population (England) (Amendment) Regulations 1991 and shall come into force on 29th January 1991.

Amendments

2

The Relevant Population (England) Regulations 1990 [^f00002]shall have effect in relation to financial years beginning on or after 1st April 1991 with the following amendments—

• (a) in regulation 2—

• (i) in paragraph (1) the definition of “the Population Report” shall be omitted; and

• (ii) for paragraph (2) there shall be substituted the following paragraph—

(2) References in these Regulations to any provision of the Distribution Report shall be treated as references to the provision as amended by, or any equivalent provision (or amendment of the equivalent provision) contained in, any subsequent report made by the Secretary of State under section 80 of the Act and approved by the House of Commons under section 81 of the Act.

• (b) in the Schedule, in paragraph 2(1)—

• (i) for the words “a boundary changes order made by the Secretary of State on or before 8th December in the preceding year and coming into force at any time during that period” there shall be substituted “a boundary changes order made by the Secretary of State on or before the relevant day (referred to in this sub-paragraph as “the order”)”;

• (ii) in paragraphs (b) and (c) for the words “a boundary changes order” in both places where they occur there shall be substituted “the order”;

• (iii) for paragraph (d) there shall be substituted—

(d) PL is the authority’s estimate of the number of persons, other than those referred to in sub-paragraph (1)(e) below, who, as a result of the order, will on 1st April in the year not be subject to a personal community charge in respect of a residence in the relevant part of the authority’s area;

and

• (iv) for paragraph (e) there shall be substituted—

(e) PLS is the authority’s estimate of the number of persons who will on 1st April in the year, as a result of the order, not be subject to a personal community charge in respect of a residence in the relevant part of the authority’s area but who will on that day be undertaking a full-time course of education;

and

• (c) in the Schedule, in paragraph 3—

• (i) in sub-paragraph (2) at the beginning the words “Except where sub-paragraph (3) below applies,” shall be omitted and after the words “paragraph 2 apply” there shall be inserted “in relation to a boundary changes order made on or before 1st December in the preceding year”;

• (ii) for paragraph (b) of sub-paragraph (2) there shall be substituted the following paragraphs—

(b) P is the number of persons shown in the charging authority’s register on 10th September in the preceding year as subject on that day to a personal community charge in respect of a residence in the relevant part of the authority’s area who were not shown in the charging authority’s register on that day as undertaking a full-time course of education on that day; (ba) PS is the number of persons shown in the charging authority’s register on 10th September in the preceding year as both subject on 1st June in the preceding year to a personal community charge in respect of a residence in the relevant part of the authority’s area and undertaking a full-time course of education on 1st June in the preceding year; (bb) W and WS have the same meanings as P and PS respectively in paragraphs (b) and (ba) above, with the modification that references in those paragraphs to the relevant part of an authority’s area shall be construed as references to the authority’s area as a whole; and

• (iii) in sub-paragraph (2)(c) for the words “1st December” there shall be substituted “10th September”; and

• (iv) sub-paragraph (3) shall be omitted.

Signed

Michael Heseltine — Secretary of State for the Environment — 17th January 1991

Explanatory note

(This note is not part of these Regulations)

These Regulations amend the Relevant Population (England) Regulations 1990, which contain the rules for calculating the relevant population of any part of a charging authority’s area where this needs to be found for the purposes of section 69 of the Local Government Finance Act 1988 (precepted authorities). (Section 69 was amended by paragraph 50 of Schedule 5 to the Local Government and Housing Act 1989.)

The amendments ensure that the rules for calculating the relevant population of a part of a charging authority’s area are consistent with the rules for calculating the relevant population of the whole of such an area contained in the Population Report (England) (No. 2) made by the Secretary of State on 16th January 1991. They are mainly concerned with the effects of boundary changes orders under the Local Government Act 1972 (c. 70).

Footnotes

[^f00001]: 1988 c. 41; Schedule 12A was inserted by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraph 74.

[^f00002]: S.I. 1990/68.