AI Summary of 20. Power of elected members of local authority to vary basic rates.
“Minister” is defined as the Minister for Housing, Local Government and Heritage. Where passing such a resolution is a reserved function under the Local Government Act 2001 (as amended), a local authority may resolve that the basic rate of local property tax (for relevant residential properties in its functional area) shall, for a specified period and with effect from the date specified in section 21(2) of the Finance (Local Property Tax) (Amendment) Act 2013, be varied upwards or downwards by a specified percentage; where so resolved the amount and rate of local property tax for those properties shall be the basic rate increased or decreased by the local adjustment factor and the authority must notify the Minister in writing of the resolution and the factor.
The local adjustment factor may not increase the basic rate by more than 25% or decrease it by more than 15%. In deciding whether to pass such a resolution or the percentage to specify, a local authority shall have regard to its estimated income and expenditure for the period, its financial position including accumulated assets and liabilities not less than one month before the proposed resolution, and the estimated financial effect of the varied rate on the local economy and on those liable to pay local property tax. The Minister may make regulations governing the setting of the factor, including matters to be regarded, required public consultation (including newspaper publication), consultation with other persons, notification requirements and other procedural matters.
20. Power of elected members of local authority to vary basic rates.
(1) In this section -
"Minister" means the Minister for Housing, Local Government and Heritage.
(2) Where the passing of such a resolution is a reserved function (within the meaning of the Local Government Act 2001, as amended by the Local Government Reform Act 2014) of a local authority, a local authority may pass a resolution that the basic rate should, for a period specified in the resolution and with effect from the date specified in section 21(2) (inserted by the Finance (Local Property Tax) (Amendment) Act 2013), stand varied (either upwards or downwards) by a specified percentage in respect of relevant residential properties situated in the local authority's functional area.
(2A) In making a decision as to whether to pass such a resolution as is referred to in subsection (2) or as to the percentage that should be specified in it, a local authority shall, in addition to the matters (if any) specified under subsection (6)(a) have regard to -
(a) the local authority's estimation of the income it will receive and the expenditure it will incur in the period for which the varied rate is to have effect,