Local Government (Rating) Act 2002

How are rates set?

23 Procedure for setting rates

(1)

Rates must be set by a resolution of the local authority.

(2)

Rates set by a local authority must—

(a)

relate to a financial year or part of a financial year; and

(b)

be set in accordance with the relevant provisions of the local authority’s long-term plan and funding impact statement for that financial year.

(3)

A local authority may set a rate that is not provided for in its long-term plan and funding impact statement only if—

(a)

the local authority is satisfied that the rate is required to meet an unforeseen and urgent need for revenue that cannot reasonably be met by any other means, having regard to the manner in which it has, in its long-term plan and funding impact statement allocated the costs of the activities or groups of activities to which the need for revenue relates; and

(b)

the local authority has given at least 14 days’ public notice of its intention to set the rate.

(4)

Notice under subsection (3)(b) must include—

(a)

the information in relation to the rate that would otherwise have been required to be included in the local authority’s funding impact statement; and

(b)

a statement of the nature of the unforeseen and urgent need for revenue and the reasons why that need cannot reasonably be met by any other means, having regard to the manner in which the local authority has, in its long-term plan, allocated the costs of the activities or groups of activities to which the need for revenue relates.

(5)

A local authority must, within 20 working days after making a resolution, make the resolution publicly available on an Internet site maintained by it or on its behalf to which the public has free access.

Compare: 1988 No 97 ss 109–111

Section 23(2)(b): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 23(2)(b): amended, on 27 November 2010, by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 23(3): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 23(3): amended, on 27 November 2010, by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 23(3)(a): amended, on 27 November 2010, by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 23(4): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 23(4)(b): amended, on 27 November 2010, by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 23(5): replaced, on 21 March 2019, by section 32 of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).