Section 35B | Substitutions: maximum amounts.

(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.

(2)In such a case—

(a)any amount set in substitution under section 35(1) shall be no greater than the amount for which it is required to be substituted, and

(b)section 35(3) shall have effect subject to paragraph (a) above.

(3)Subsection (2) above does not apply where the precept giving rise to the application of section 35(1) is—

(a)an original precept, or

(b)a precept issued in substitution for one quashed because of a failure to fulfil section 68(3) or 69(3) or (4) below.

(4)Subsection (5) below applies where—

(a)section 35(4) above applies in the case of a charging authority in circumstances where section 35(5) applies,

(b)apart from this section, any amount set in substitution under section 35(4) would be greater than the amount for which it is required to be substituted, and

(c)subsection (6) below does not prevent subsection (5) below applying.

(5)In such a case—

(a)any amount set in substitution under section 35(4) shall be no greater than the amount for which it is required to be substituted, and

(b)section 35(5) shall have effect subject to paragraph (a) above.

(6)Subsection (5) above does not apply where the calculations giving rise to the application of section 35(4) are made because a previous calculation under section 95(4) below has been quashed because of a failure to comply with section 95 in making the calculation.