Rate Support Grant Regulations 1979
| Jurisdiction | UK Non-devolved |
| Citation | SI 1979/1514 |
1979 No. 1514
LOCAL GOVERNMENT, ENGLAND AND WALES
The Rate Support Grant Regulations 197922ndNovember 1979
28thNovember 1979
1stApril 1980
The Secretary of State for the Environment, in exercise of the powers conferred upon him by sections 2(4) and 10(3) of, and paragraphs 2, 6, 9 and 11 of Schedule 2 to the Local Government Act 1974(a) and by section 48(4) of the General Rate Act 1967(b), and of all other powers enabling him in that behalf, after consultation with the associations of local authorities appearing to him to be concerned and with the local authority with whom consultation appeared to him to be desirable, hereby makes the following regulations:—
Title and commencement
1. These regulations may be cited as the Rate Support Grant Regulations 1979 and shall come into operation on 1st April 1980.
Interpretation
2. In these regulations, unless the context otherwise requires—
"the Act" means the Local Government Act 1974;
"the Order" means the Rate Support Grant Order 1979;
"the Secretary of State" means the Secretary of State for the Environment;
"year" means a period of twelve months beginning with 1st April;
and in Regulation 11 expressions used in the Education Acts 1944 to 1976 have the same meanings as in those Acts.
Regulations to apply to year 1980–81
3. These regulations shall have effect for the purposes of rate support grants for the year 1980–81, and any references in these regulations to a year not otherwise identified are references to that year.
Submission of information
4.—(1) Each local authority shall submit to the Secretary of State, by such date as he may specify, such information as he may from time to time require in connection with the total estimated expenditure to be incurred by them during the year, for the purposes of paragraph 10(3) of Part III of Schedule 2 to the Act (which relates to the calculation of the uniform rate for purposes of the resources element).
(a) 1974 c. 7.
(b) 1967 c. 9.
(2) Where the Secretary of State is not satisfied that the information submitted to him by a local authority under paragraph (1) above accurately reflects the amount by reference to which the authority have calculated the general rate for that year, he may, after giving notice of his intention to the authority and affording them an opportunity to submit representations, make such adjustment of the information submitted to him under paragraph (1) above as he considers appropriate.
Estimates and conclusive calculations
5.—(1) The Secretary of State shall, upon the best information available to him, estimate and notify to each local authority the amounts of the constituent elements of rate support grant which will become payable to the authority for the year; and he may make and notify to the authority such further estimates of the said amounts, taking into account information not previously available, as he may think fit.
(2) As soon as practicable after he has received what appears to him to be sufficient information for the purpose, the Secretary of State shall make a conclusive calculation of the said amounts and notify the result thereof to each local authority.
(3) The amount of any element of rate support grant payable to a local authority shall be calculated to the nearest pound.
(4) Where its appears to the Secretary of State from any estimate or calculation made under this regulation that a sum in excess of the amount of the estimate or calculation has already been paid to a local authority in respect of rate support grants for the year, he may recover that sum by deduction from any amounts due to that authority in respect of rate support grants, whether for the year or for any subsequent year, or by payment to him by the authority after a demand therefor or partly by such deduction and partly by such a payment, as he thinks fit.
Population and area
6.—(1) For the purposes of Schedule 2 to the Act, and Schedule 1 to the Order, the population of an area shall be the number estimated by the Registrar General and certified by him to the Secretary of State for rate support grant purposes; and, except where the Order otherwise provides, the number shall be estimated by reference to the population on 30th June 1978.
(2) For the purposes of Schedule 1 to the Order, the day time population of an area shall be ascertained by taking the aggregate of the number of persons resident in the area on 30th June 1978, and the number of persons working but not resident in the area, at the date of the 1971 census, and subtracting therefrom the number of persons resident in but working outside the area at the date of the 1971 census.
(3) Subject to paragraph (4) below, for the purposes of Schedule 1 to the Order the number of acres comprised in the area of a local authority shall be the number so comprised on 1st April 1979, and certified by the Ordnance Survey.
(4) The number of acres comprised in the Isles of Scilly shall, for the purposes of Schedule 1 to the Order, be taken to be 40,358 acres.
(5) For the purposes of Schedule 1 to the Order, the number of persons per acre in an area shall be ascertained by dividing the number of the population of the area by the number of acres comprised in the area.
New permanent dwellings
7. For the purposes of Schedule 1 to the Order, the number of new permanent dwellings started in an area during the period from 1st January 1976 to 31st December 1978 shall be the number of such dwellings estimated by the Secretary of State from returns submitted to him for the purpose of compilation of local housing statistics in England and Wales in respect of that period.
Domestic hereditaments
8. For the purposes of Schedule 1 to the Order, the number of domestic hereditaments in an area shall be the number of such hereditaments shown in the valuation list on 1st April 1979.
Number of persons living in certain circumstances
9.—(1) For the purposes of paragraph 1 of Schedule 1 to the Order—
(a) the number of persons in the area of a local authority living in parishes or wards (not being parts of parishes or wards) whose density exceeded 50 persons per hectare at the date of the 1971 census shall be the number of such persons estimated by the Secretary of State on the basis of the 1971 census returns;
(b) the number of persons in the area of a local authority living in parts of parishes or wards whose density exceeded 50 persons per hectare at the date of the 1971 census shall be the number of such persons estimated by the Registrar General on the basis of the 1971 census returns and certified by him to the Secretary of State for rate support grant purposes;
(c) the number of men 65 years of age or over and women 60 years of age or over living alone, and the number of persons 65 years of age or over living in the area of a local authority at the date of the 1971 census shall be the number of such persons shown in the relevant report on that census;
(d) the number of persons 65 years of age or over living in the area of a local authority on 30th June 1978 shall be the number of such persons estimated by the Registrar General and certified by him to the Secretary of State for rate support grant purposes;
(f) the number of persons in the area of a local authority living in permanent buildings with a density of occupation greater than one and a half persons per room at the date of the 1971 census shall be the number of such persons shown in the relevant report on that census;
(f) the number of persons in the area of a local authority living in permanent or non-permanent buildings in households without the exclusive use of hot water supply, fixed bath or inside water closet, at the date of the 1971 census shall be the number of such persons calculated by the Secretary of State on the basis of the relevant report on that census;
(g) the number of lone parent families with dependent children in the area of a local authority at the date of the 1971 census shall be the number of such families estimated by the Secretary of State on the basis of the 1971 census returns;
(h) the number of persons in the area of a local authority living in shared households in permanent buildings at the date of the 1971...
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