S.I. No. 167/1975 - Public Bodies (Amendment) Order, 1975.

S.I. No. 167 of 1975.

PUBLIC BODIES (AMENDMENT) ORDER, 1975.

The Minister for Local Government in exercise of the powers conferred on him by sections 9 , 10 and 21 of the City and County Management (Amendment) Act, 1955 (No. 12 of 1955) hereby orders as follows:

1. This Order may be cited as the Public Bodies (Amendment) Order, 1975.

2. In this Order the expression "the Principal Order" means the Public Bodies Order, 1946 (S.R. and O. 1946. No. 273), as amended by the Public Bodies (Temporary Provisions) Order, 1947 (S. R. and O. 1947. No. 367), the Public Bodies (Temporary Provisions) Order, 1954 ( S.I. No. 232 of 1954 ), the Public Bodies (Temporary Provisions) Order, 1955 ( S.I. No. 155 of 1955 ), the Public Bodies (Temporary Provisions) Order, 1960 ( S.I. No. 174 of 1960 ) and the Exchequer and Local Financial Years Act, 1974 (Adaptation of Local Government Enactments and Statutory Instruments) Order, 1974 ( S.I. No. 323 of 1974 ).

3. This Order shall be construed as one with the Principal Order.

4. The Principal Order and this Order may be cited together as the Public Bodies Orders, 1946 to 1975.

5. This Order shall come into operation on the 1st day of August, 1975.

6. On the coming into operation of this Order the Principal Order shall have effect with the amendments specified in the Schedules to this Order.

FIRST SCHEDULE.

1. Article 53 of the Principal Order (as substituted therein by the Exchequer and Local Financial Years Act, 1974 (Adaptation of Local Government Enactments and Statutory Instruments) Order, 1974) shall be deleted and the following article substituted therefor:—

"53-(1) The 1st August to 31st October in each local financial year shall be the prescribed period for the preparation of the estimate of expenses and the holding of the estimates meeting by a county council and by an elective body which is not a rating authority in respect of the local financial year next ensuing.

(2) The 1st August to 15th November in each local financial year shall be the prescribed period for the preparation of the estimate of expenses and the holding of the estimates meeting by the corporation of a county borough in respect of the local financial year next ensuing.

(3) The 1st August to 30th November in each local financial year shall be the prescribed period for the preparation of the estimate of expenses and the holding of the estimates meeting by an urban authority in respect of the local financial year next ensuing."

2. Article 54 of the Principal Order (as substituted therein by the Exchequer and Local Financial Years Act, 1974 (Adaptation of Local Government Enactments and Statutory Instruments) Order, 1974) shall be deleted and the following article substituted therefor:

"54. If the demand from any public body to which a rating authority is bound to supply money has not been received in sufficient time for inclusion in the estimate of expenses the estimates committee or, where the estimate of expenses is not prepared by an estimates committee, the manager, shall include in the estimate of expenses of such rating authority such sum by way of provision for the demand of the public body as the estimates committee or the manager shall determine to be sufficient."

3. Article 56A of the Principal Order (as substituted therein by the Public Bodies (Temporary Provisions) Order, 1955) shall be deleted and the following article substituted therefor:—

"56A-(1) The estimate of expenses of a county council shall be prepared in the form of Tables A, B1 (Part I) and, where applicable, B1 (Part 2), C and D in the Second Schedule to the Public Bodies (Amendment) Order, 1975 or in the form of such tables to the like effect as the Minister may direct or approve from time to time.

(2) The estimate of expenses of a corporation of a county borough shall be prepared in the form of Tables A and B2 in the Second Schedule to the Public Bodies (Amendment) Order, 1975 or in the form of such tables to the like effect as the Minister may direct or approve from time to time.

(3) The estimate of expenses of an urban authority shall be prepared in the form of Tables A and B3 set forth in the Second Schedule to the Public Bodies (Amendment) Order, 1975 or in the form of such tables to the like effect as the Minister may direct or approve from time to time.

(4) At the estimates meeting of a rating authority, such authority shall adopt the estimate of expenses (with or without amendment) by passing the first of the resolutions referred to in the certificate at the foot of the prescribed form and shall determine in accordance with the estimate of expenses as so adopted, the rates in the pound to be levied for the several purposes, separate charges (if any) and town charges (if any) specified in the estimate of expenses by entering the said rates in the columns provided for the purpose in the prescribed form and passing the second of the resolutions referred to in the said certificate.

(5) Before the conclusion of the estimates meeting the Lord Mayor, Mayor or Chairman of the rating authority shall sign the certificate at the foot of the prescribed form and the secretary or clerk shall countersign the said certificate.

(6) As soon as may be after the conclusion of the estimates meeting of a rating authority the secretary or clerk shall send to the Minister a certified copy of the estimate of expenses as adopted by the authority and showing the rates in the pound as determined by the authority."

4. Article 57 of the Principal Order (as substituted therein by the Public Bodies (Temporary Provisions) Order, 1955) shall be deleted and the following article substituted therefor:

"57 The estimates committee or, where the estimate of expenses is not prepared by an estimates committee, the manager shall annex to the estimate of expenses of each local authority such explanatory and comparative appendices as may be necessary."

5. The table annexed to Form E.8 (Demand by County Council on Urban Authority) shall be deleted and the table in the Third Schedule to this Order substituted therefor:

6. In subparagraph (2) of paragraph 9 of Part I of the Schedule to the Public Bodies (Temporary Provisions) Order, 1955 the words "and of the estimate of expenses and the determination of the rates in the pound by a county council (Form E.I)" shall be deleted.

SECOND SCHEDULE

ESTIMATE OF EXPENSES.

TABLE A: EXPENDITURE AND INCOME for the local financial year 19 .

LOCAL AUTHORITY: ......................................

PROGRAMME GROUP and PROGRAMMES	Year 1:				Current Year:
PROGRAMME GROUP and PROGRAMMES	Expenditure		Income		Expenditure		Income
Estimated by Manager	Adopted by Council	Estimated by Manager	Adopted by Council	Adopted by Council	Estimated outturn	Adopted by Council	Estimated outturn
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
	£	£	£	£	£	£	£	£
1. HOUSING AND BUILDING
1.1 Local authority housing
1.2 Assistance to persons housing themselves
1.3 Assistance to persons improving houses
1.8 Administration and miscellaneous
TOTAL
2. ROAD TRANSPORTATION AND SAFETY
2.1 Road upkeep
2.2 Road improvement
2.3 Road traffic
2.8 Administration and miscellaneous
TOTAL
3. WATER SUPPLY AND SEWERAGE
3.1 Public water supply schemes
3.2 Public sewerage schemes
3.3 Private installations
3.8 Administration and miscellaneous
TOTAL
4. DEVELOPMENT INCENTIVES AND CONTROLS
4.1 Land use planning
4.2 Industrial development
4.3 Other development and promotion
4 8 Administration and miscellaneous
TOTAL
5. ENVIRONMENTAL PROTECTION
5.1 Waste disposal
5.2 Burial grounds
5.3 Safety of structures and places
5.4 Fire protection
5.5 Pollution control
5.8 Administration and miscellaneous
TOTAL
6. RECREATION AND AMENITY
6.1 Swimming pools
6.2 Libraries
6.3 Parks, open spaces, recreation centres etc.
6.4 Other recreation and amenity
6.8 Administration and miscellaneous
TOTAL
7. AGRICULTURE, EDUCATION, HEALTH AND WELFARE
7.1 Agriculture
7.2 Education
7.3 Health and welfare
7.8 Administration and miscellaneous
TOTAL
8. MISCELLANEOUS SERVICES
8.1 Land acquisition and development
8.2 Plant and materials*
8.3 Financial management
8.4 Elections
8.5 Administration of justice and consumer protection
8.6 Property damage
8.7 Markets, fairs and abattoirs
8.8 Administration and miscellaneous
TOTAL
ALL PROGRAMME GROUPS:
TOTAL

*Note: The amount shown for programme 8.2 is a balance only, i.e. gross expenditure less amounts recharged to other programmes.

TABLE B1 (Part 1): Calculation of the rates in the pound for general charges for the local financial year 19 .

........................................... Co. Council

PROGRAMME GROUP (Purpose of expenditure/source of income)	Estimated gross revenue expenditure	Estimated revenue income	Estimated net revenue expenditure	Net amounts chargeable			County Health District
PROGRAMME GROUP (Purpose of expenditure/source of income)	Estimated gross revenue expenditure	Estimated revenue income	Estimated net revenue expenditure	As separate charges (Table C)	To Urban Area(s) *(Note 1)	To County Health District	Estimated balances at beginning of year		Amounts to be levied	Rate in the pound
			Debit	Credit
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
	£	£	£	£	£	£	£	£	£	£
1. Housing and building
2. Road transportation and safety
3. Water supply and sewerage
4. Development incentives and controls
5. Environmental protection
6. Recreation and amenity
7. Agriculture, education, health and welfare
8. Miscellaneous services
ALL PROGRAMME GROUPS:
TOTAL

Note 1: Where there is only one urban area situate in the county, the name of that area should be inserted at* and the amount chargeable to that urban area for each programme group should be shown in this column. Where there are two or more than two urban areas situate in a county, the amount to be shown in this column for each programme group is the combined total for those urbans.

TABLE B1 (Part 2): Net revenue expenditure chargeable to Urban Areas.

........................................... Co. Council

PROGRAMME GROUP	Borough/Urban District									Total for Urban Areas in County (Note 1)
*	*	*	*	*	*	*	*	*
(1)	(6a)	(6b)	(6c)	(6d)	(6e)	(6f)	(6g)	(6h)	(6j)	(6)
	£	£	£	£	£	£	£	£	£	£
1. Housing and building
2. Road transportation and safety
3. Water supply and sewerage
4. Development incentives and controls
5. Environmental protection
6. Recreation and amenity
7. Agriculture, education, health and welfare
8. Miscellaneous services
ALL PROGRAMME GROUPS:
TOTAL

*Insert name of Borough or Urban District as appropriate.

NOTE 1: This total should be the same as that shown in Col. 6 of Table B1 (Part 1).

TABLE B2: Calculation of the rates in the pound for the local financial year 19 .

County Borough of ....................................

PROGRAMME GROUP (Purpose of expenditure/ source of income)	Estimated gross revenue expenditure	Estimated revenue income	Estimated net revenue expenditure	Estimated balances at beginning of year		Amounts to be levied	Rate in the pound
Debit	Credit
(1)	(2)	(3)	(4)	(5)	(6)	(7)
	£	£	£	£	£	£	£
1. Housing and building
2. Road transportation and safety
3. Water supply and sewerage
4. Development incentives and controls
5. Environmental protection
6. Recreation and amenity
7. Agriculture, education, health and welfare
8. Miscellaneous services
ALL PROGRAMME GROUPS: TOTAL

CERTIFICATE

I hereby certify that at (an adjournment of) the estimates meeting of the ..................................... County Borough Council held this ........................... day of ............................................ 19 the council by resolution adopted for the financial year ending 31st December, 19 the estimate of expenses set out in Tables A and B2 and by resolution determined in accordance with the said estimate the rates set out in Column (8) of Table B2 to be the rates in the pound to be levied for that year for the purposes set out in Column (1) of Table B2.

Signed ........................... Lord Mayor/Mayor Countersigned ................................... City Manager and Town Clerk Date ...............

TABLE B3: Calculation of the rates in the pound for the local financial year 19 .

......................................... Borough Council/Urban District Council.

PROGRAMME GROUP (Purpose of expenditure/ source of income)	Estimated gross revenue expenditure	Estimated revenue income	Estimated net revenue expenditure	Services provided by the County Council		Estimated balances at beginning of year		Amounts to be levied	Rate in the pound
General charges	Separate charges	Debit	Credit
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
	£	£	£	£	£	£	£	£	£
1. Housing and building
2. Road transportation and safety
3. Water supply and sewerage
4. Development incentives and controls
5. Environmental protection
6. Recreation and amenity
7. Agriculture, education, health and welfare
8. Miscellaneous services
ALL PROGRAMME GROUPS: TOTAL

CERTIFICATE

I hereby certify that at (an adjournment of) the estimates meeting of the ............... Borough/Urban District Council held this ............ day of ........................ 19 , the Council by resolution adopted for the financial year ending 31st December 19 the estimate of expenses set out in Tables A and B3 and by resolution determined in accordance with the said estimate the rates in the pound set out in Column (10) of Table B3 to be the rates in the pound to be levied for that year for the purposes set out in Column (1) of Table B3.

Signed .................... Mayor/Chairman Countersigned ................Town Clerk Date ............

TABLE C: Calculation of the rates in the pound for separate charges.

................................................ Co. Council.

Number in separate charges register	Nature of separate charge	Number of the programme in TABLE A in which included	Area of charge	Estimated gross expenditure	Estimated income	Estimated net expenditure	Estimated balances at beginning of year		Amounts to be levied	Rate in the pound
Debit	Credit
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
				£	£	£	£	£	£	£

TABLE D: Calculation of the rate in the pound for town charges.

................. County Council.

Name of Town	Money demanded (or deemed to have been demanded) by the Commissioners		Irrecoverable rates and cost of collection		Total sum to be raised (sum of amounts in Col. (3) and Col. (5))	Rate in the pound required to raise the sum in Col. (6)
Estimated by Manager	Adopted by Council	Estimated by Manager	Adopted by Council
(1)	(2)	(3)	(4)	(5)	(6)
	£	£	£	£	£	£

CERTIFICATE

I hereby certify that at (an adjournment of) the estimates meeting of the ................ County Council held this ................ day of ............................ 19 , the Council by resolution adopted for the financial year ending 31st December 19 the estimate of expenses set out in Tables A, B1, C* and D* and by resolution determined in accordance with the said estimate the rates set out in Column (11) of Table B1 (Part 1), Column (11) of Table C* and Column (7) of Table D* to be the rates in the pound to be levied for that year for the purposes set out in Column (1) of Table B1 (Part 1) and in Tables C* and D*.

Signed .................

Chairman

Countersigned ................Secretary

Date ............

*Delete if not applicable.

THIRD SCHEDULE

TABLE

CALCULATION OF THE NET SUM REQUIRED FROM THE ......................... Borough Council/Urban District Council.

PROGRAMME GROUP	Balance on last 31st December		Estimated share of charges for		Total estimated charges	Amount demanded for Current Year:			Amount demanded for Year 1:
Against urban area	In favour of urban area	Current Year:	Year 1:	General charges	Separate charges	Total (7) + (8)	General charges	Separate charges	Total
(1)	(2)	(3)	(4)	(5)	(6)*	(7)	(8)	(9)	(10)	(11)	(12)*
	£	£	£	£	£	£	£	£	£	£	£
1. Housing and building
2. Road transportation and safety
3. Water supply and sewerage
4. Development incentives and controls
5. Environmental protection
6. Recreation and amenity
7. Agriculture, education, health and welfare
8. Miscellaneous services
ALL PROGRAMME GROUPS TOTAL

*Note (i) The figures in column 6 are the sum of columns 2, 4 and 5 less column 3.

(ii) The figures in column 12 are the sum of columns 10 and 11. They are also the difference between column 6 and column 9.

GIVEN under the Official Seal of the Minister for Local Government

this 28th day of July, 1975.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

This Order amends the Public Bodies Orders 1946 to 1960 and the Exchequer and Local Financial Years Act, 1974 (Adaptation of Local Government Enactments and Statutory Instruments) Order, 1974. It prescribes the period for the preparation of the estimates of expenses and the holding of the estimates meeting by local authorities, and, the form in which the estimates of expenses are to be prepared; it also makes some other minor consequential amendments.