Community Charges (Substitute Setting) Act 1991
| Jurisdiction | UK Non-devolved |
| Citation | 1991 c. 8 |
| Year | 1991 |
(1) In the in paragraph (c) for the word “other” there shall be substituted the word “ qualifying ” and after the word “above” there shall be inserted the words “ or under this section ” ;paragraph (d) shall be omitted.(3) The following subsections shall be inserted after subsection (3) —where A, B, C and D have the meanings given by section 35A below. (4) In subsection (5) (c) after the word “any” there shall be inserted the word “ qualifying ” and after the word “above” there shall be inserted the words “ or under this section ” .(5) The following subsections shall be inserted after subsection (5) —where A, B, C and D have the meanings given by section 35A below. The special formula is—where A, B, C, D and E have the meanings given by section 35A below. For the purposes of subsections (3) (c) and (5) (c) above a qualifying precept is a precept issued by a precepting authority which is not a relevant authority within the meaning given by subsection (2) above.(6) In subsection (8) the words from “and in construing” to the end shall be omitted.The following section shall be inserted after section 35 of the 1988 Act— A is the amount for which the amount is required to be set in substitution under section 35(1) above;B is the amount of the precept for which the precept issued under section 107(2) below is substituted;C is the amount of the precept issued under section 107(2) below;D is the relevant population, for the financial year mentioned in section 35(1) above, of the area of the charging authority there referred to.A is the amount for which the amount is required to be set in substitution under section 35(4) above;B is the amount calculated under section 95(4) below and for which an amount is substituted in making the substitute calculations under section 107(1) below;C is the amount calculated under section 95(4) below in making the substitute calculations under section 107(1) below;D is the relevant population, for the financial year mentioned in section 35(4) above, of the area of the charging authority there referred to;E is such number, falling between nil and one and expressed as a decimal, as the Secretary of State specifies by order for the purposes of this paragraph and for the special authority and the financial year concerned.For the purposes of this section the relevant population of the area of an English charging authority for a financial year is the relevant population, calculated under paragraph 4 of Schedule 12A below, of the area for the year.For the purposes of this section the relevant population of the area of a Welsh charging authority for a financial year is the relevant population, calculated under paragraph 5 of Schedule 12A below, of the area for the year.The following section shall be inserted after section 35A of the 1988 Act— section 35(1) above applies in the case of a charging authority in circumstances where section 35(3) applies,apart from this section, any amount set in substitution under section 35(1) would be greater than the amount for which it is required to be substituted, andsubsection (3) below does not prevent subsection (2) below applying.any amount set in substitution under section 35(1) shall be no greater than the amount for which it is required to be substituted, andsection 35(3) shall have effect subject to paragraph (a) above.an original precept, ora precept issued in substitution for one quashed because of a failure to fulfil section 68(3) or 69(3) or (4) below.section 35(4) above applies in the case of a charging authority in circumstances where section 35(5) applies,apart from this section, any amount set in substitution under section 35(4) would be greater than the amount for which it is
- “(3A) In a case where the precept mentioned in subsection (1) above is issued under section 107(2) below, subsection (3) above shall not apply but subsection (3B) below shall apply.
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(3B) In such a case, any amount set in substitution under subsection (1) above must be set in accordance (and only in accordance) with the formula—
where A, B, C and D have the meanings given by section 35A below.
- “(5A) In a case where the substitute calculations mentioned in subsection (4) above are made under section 107(1) below, subsection (5) above shall not apply but subsection (5B) below shall apply.
- (5B) In such a case, any amount set in substitution under subsection (4) above must be set in accordance (and only in accordance) with—
- (a) the standard formula (set out in subsection (5C) below) in a case where the charging authority referred to in subsection (4) above is not a special authority, or
- (b) the special formula (set out in subsection (5D) below) in a case where the charging authority referred to in subsection (4) above is a special authority.
- “(1) For the purposes of section 35(3B) above—
- (a) A is the amount for which the amount is required to be set in substitution under section 35(1) above;
- (b) B is the amount of the precept for which the precept issued under section 107(2) below is substituted;
- (c) C is the amount of the precept issued under section 107(2) below;
- (d) D is the relevant population, for the financial year mentioned in section 35(1) above, of the area of the charging authority there referred to.
- “(1) Subsection (2) below applies where—
- (a) section 35(1) above applies in the case of a charging authority in circumstances where section 35(3) applies,
- (b) apart from this section, any amount set in substitution under section 35(1) would be greater than the amount for which it is required to be substituted, and
- (c) subsection (3) below does not prevent subsection (2) below applying.
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