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Legislation
Local Government Finance Act 1992

Crossheading Nomination

  • Section 52L Nomination.
  • Section 52M Designation after nomination.
  • Section 52N No designation after nomination.
  1. Nomination
  2. Designation after nomination.

Section 52M | Designation after nomination. F1

From legislation.gov.uk

(1)This section applies if the Welsh Ministers —F1F2

(a)nominate an authority under section 52D(2)(b) above, andF1F3

(b)decide to proceed under this section in relation to the authority.F1F4

(2)They shall—F1F5

(a)designate the authority as regards the financial year immediately following the year under consideration;F1

(b)determine an amount which they propose should be the maximum for the amount calculated by the authority as its budget requirement for the year as regards which the designation is made;F1F6

(c)determine the target amount for the year as regards which the designation is made, that is, the maximum amount which they propose the authority could calculate as its budget requirement for the year without the amount calculated being excessive.F1F7

(3)In making the determinations under subsection (2) above they shall take into account—F1F8

(a)the amount which they would have proposed as the target amount for the year under consideration if they had designated the authority as regards that year under section 52D(2)(a) above, andF1F9

(b)any information they think is relevant.F1F10

(4)They shall notify the authority in writing of—F1F11

(a)the designation;F1

(b)the amount determined under subsection (2)(b) above;F1

(c)the target amount determined under subsection (2)(c) above;F1

(d)any information taken into account under subsection (3)(b) above;F1

(e)the financial year as regards which they expect the amount calculated by the authority as its budget requirement for that year to be equal to or less than the target amount for that year (assuming one to be determined for that year);F1F12

(f)the period within which the authority may inform the Welsh Ministers that it challenges or accepts the amount stated under paragraph (b) above.F1F13

(5)A designation under this section—F1

(a)is invalid unless subsection (4) above is complied with;F1

(b)shall be treated as made at the beginning of the day on which the authority receives a notification under that subsection.F1

(6)If an authority has been designated under this section as regards a financial year the Welsh Ministers may not designate it under section 52D(2)(a) above as regards that year.F1F14

(7)If—F1

(a)an authority has been designated under this section as regards a financial year, andF1

(b)after the designation is made the authority makes calculations or substitute calculations in relation to the year,F1

the calculations (or substitute calculations) shall be invalid unless they are made in accordance with section 52T or 52U below (as the case may be).

(8)Before the end of the period notified under subsection (4)(f) above an authority may inform the Welsh Ministers by notice in writing that—F1F15

(a)for reasons stated in the notice, it believes the maximum amount stated under subsection (4)(b) above should be such as the authority states in its notice, orF1

(b)it accepts the maximum amount stated under subsection (4)(b) above.F1

(9)The period notified under subsection (4)(f) above must be a period of at least 21 days beginning with the day the authority receives the notification under subsection (4) above.F1

Notes

  1. F1

    Chapter 4A (ss. 52A-52Z) inserted (27.7.1999 with effect as mentioned in s. 30(2) of the amending Act.) by 1999 c. 27, s. 30(1), Sch. 1 para. 1

  2. F2

    Words in s. 52M(1) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(2)(a); S.I. 2011/2896, art. 2(i)

  3. F3

    Word in s. 52M(1)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(2)(b); S.I. 2011/2896, art. 2(i)

  4. F4

    Word in s. 52M(1)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(2)(c); S.I. 2011/2896, art. 2(i)

  5. F5

    Word in s. 52M(2) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(3)(a); S.I. 2011/2896, art. 2(i)

  6. F6

    Words in s. 52M(2)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(3)(b); S.I. 2011/2896, art. 2(i)

  7. F7

    Words in s. 52M(2)(c) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(3)(c); S.I. 2011/2896, art. 2(i)

  8. F8

    Word in s. 52M(3) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(4)(a); S.I. 2011/2896, art. 2(i)

  9. F9

    Word in s. 52M(3)(a) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(4)(b); S.I. 2011/2896, art. 2(i)

  10. F10

    Words in s. 52M(3)(b) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(4)(c); S.I. 2011/2896, art. 2(i)

  11. F11

    Word in s. 52M(4) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(5)(a); S.I. 2011/2896, art. 2(i)

  12. F12

    Words in s. 52M(4)(e) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(5)(b); S.I. 2011/2896, art. 2(i)

  13. F13

    Words in s. 52M(4)(f) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(5)(c); S.I. 2011/2896, art. 2(i)

  14. F14

    Words in s. 52M(6) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(6); S.I. 2011/2896, art. 2(i)

  15. F15

    Words in s. 52M(8) substituted (3.12.2011) by Localism Act 2011 (c. 20), s. 240(2), Sch. 6 para. 16(7); S.I. 2011/2896, art. 2(i)

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