The Non–Domestic Rating Contributions (Wales) (Amendment) (No. 2) Regulations 1993

Made: 9th December 1993

Laid before Parliament: 13th December 1993

Coming into force: 31st December 1993

The Secretary of State for Wales, in exercise of the powers conferred on him by sections 140(4) and 143 of, and paragraphs 4(1) and (5) and 6(2), (2A), (5) and (6) of Schedule 8 to the Local Government Finance Act 1988[^f00001] and section 4 of the Non–Domestic Rating Act 1993[^f00002], 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 Non–Domestic Rating Contributions (Wales) (Amendment) (No. 2) Regulations 1993 and shall come into force on 31st December 1993.

Amendments having effect for 1993/94

2

The Non–Domestic Rating Contributions (Wales) Regulations 1992[^f00003] shall have effect in relation to any calculation of an authority’s non–domestic rating contribution for the financial year beginning on 1st April 1993 made on or after the coming into force of these Regulations with the following amendments—

• (a) in sub–paragraph (1) of paragraph 4A of Schedule 1, there shall be inserted at the end of the formula “+K”, and at the end of the sub–paragraph there shall be added the following definition—

K is the amount of the reasonable costs, if any, necessarily incurred by the authority in respect of changes to any of their computer programs so as to give effect to the provisions of the 1993 Act, provided that if the amount of such costs exceeds £4,000, K is £4,000.

; and

• (b) in paragraphs 2(3) and 4(3) of Schedule 3, there shall be inserted at the end of the definitions of “T” and “W” respectively the following words “and assuming, in the case of paragraph 4A, that K in the formula in that paragraph will be nil;”.

Amendments having effect as from 1994/95

3

The Non–Domestic Rating Contributions (Wales) Regulations 1992 shall have effect in relation to financial years beginning on or after 1st April 1994 with the following amendments—

• (a) in Part I of Schedule 2,

• (i) in paragraph 2(12) for “0.94” there shall be substituted “0.91”; and

• (ii) in paragraph 8(1) for “1.6” there shall be substituted “1.85”;

• (b) for Part II of Schedule 2 there shall be substituted the following Part—

• (c) in paragraph 2 of Part I of Schedule 3, for sub–paragraph (3) there shall be substituted the following sub–paragraph—

(3) The amount described in paragraph 4 of Schedule 1 shall be replaced by the amount calculated in accordance with the formula— $$T×UV$ where— T is the amount calculated in relation to the billing authority for the year in accordance with paragraph 4 of Schedule 1; U is the number of relevant days preceding the day on which the calculations in accordance with this Schedule are made; V is the number of days in the year for which the calculations in accordance with this Schedule are made.$

; and

• (d) in paragraph 4 of Part II of Schedule 3,

• (i) for sub–paragraph (3) there shall be substituted the following sub– paragraph—

(3) The amount described in paragraph 4 of Schedule 1 shall be replaced by the amount calculated in accordance with the formula— $$T×YV$ where— T and V have the same meaning as in paragraph 2(3) above; Y is the number of relevant days on and after the day on which the calculations in accordance with this Schedule are made.$

; and

• (ii) at the end there shall be added the following sub–paragraph—

(6) The assumption prescribed in paragraph 5 of Schedule 2 shall not apply in the case of any reduction or remission which, on or before the day on which the calculations in accordance with this Schedule are made, the authority has decided to grant.

• (e) for Schedule 4 there shall be substituted the following Schedule—

SCHEDULE 4

Signed

John Redwood — Secretary of State for Wales — 9th December 1993

Explanatory note

(This note is not part of these Regulations)

Under Part II of Schedule 8 to the Local Government Finance Act 1988, billing authorities (in Wales, district councils) are required to pay amounts (called non–domestic rating contributions) to the Secretary of State. Payments in respect of a provisional amount of the contributions are made during the financial year, final calculations and payments being made after the year ends.

These Regulations amend the rules for the calculation of contributions contained in the Non–Domestic Rating Contributions (Wales) Regulations 1992. Regulation 2 amends the rules for the financial year 1993/94, by providing for an allowance to be made for certain computer costs. Regulation 3 makes various technical amendments to the rules for financial years beginning with 1994/95.

Footnotes

[^f00001]: 1988 c. 41; sections 140 and 143 and paragraphs 4 and 6 of Schedule 8 were amended by the Local Government and Housing Act 1989 (c. 42), Schedule 5, paragraphs 42, 69 and 72 and by the Local Government Finance Act 1992 (c. 14), Schedule 10, paragraph 6 and Schedule 13, paragraphs 78, 80 and 86.Seesection 146(6) of the Local Government Finance Act 1988 for the definition of “prescribed”.

[^f00002]: 1993 c. 17.

[^f00003]: S.I. 1992/3238, amended by S.I. 1993/1505.