Local Government Act 2001

Local authority budget meeting.

103

103.—(1) In this section “local authority” includes a joint body.

(2) A draft local authority budget prepared in accordance with section 102 shall be considered by the local authority at a meeting (in this Act referred to as a “local authority budget meeting” or budget meeting)—

(a) at which the F124[chief executive] or an employee to whom subsection (3) relates is present,

F125[(b) which is held during the period directed by the Minister, and]

(c) of which not less than 7 days’ notice has been given to every member of the local authority.

(3) Where the F124[chief executive] is unable to be present at a local authority budget meeting or, where it would be inconsistent with the due performance of his or her functions in relation to the local authorities for which he or she is F124[chief executive], to be present at such a meeting, such other employee as may stand nominated for that purpose by the F124[chief executive] shall attend the meeting instead.

(4) Not less than 7 days before the day on which a local authority budget meeting is to be held, the F124[chief executive] shall—

(a) place a copy of the draft local authority budget in the principal offices of the local authority,

(b) send a copy of the draft local authority budget, together with a report outlining the provisions of that draft, to every member of the local authority, and

(c) give public notice of the fact that the draft local authority budget has been prepared and that a copy of it has been placed in the principal offices of the local authority and indicate the place, date and time of the local authority budget meeting.

(5) A copy of a draft local authority budget—

(a) shall be made available at the principal offices of the local authority,

(b) may be inspected by any member of the public during normal opening hours, and

(c) copies may be purchased at a price not exceeding the reasonable cost of reproduction.

(6) The members of a local authority may adjourn a local authority budget meeting from time to time but any such adjournment shall be to a day that is within the period of F124[14 days] beginning on the day on which the local authority budget meeting first begins.

(7) At a local authority budget meeting the local authority—

(a) may by resolution amend the draft local authority budget,

F125[(b) shall by resolution adopt the draft local authority budget with or without amendment, and

(i) shall

(I) F126[]

(II) where appropriate, have regard to the base year adjustment determined in accordance with section 29 of the Local Government Reform Act 2014,

or

(ii) where it is a joint body, shall prepare and by resolution adopt, in accordance with the local authority budget as so adopted, the demand by the joint body whereby the money to meet the expenses of the joint body, in the forthcoming local financial year is to be obtained.]

(8) A copy of a local authority budget as adopted under subsection (7)

(a) shall be made available at the principal offices of the local authority,

(b) may be inspected by any member of the public during normal opening hours, and

(c) may be purchased at a price not exceeding the reasonable cost of reproduction.

F125[(9) Notwithstanding the other provisions of this section and section 102, a local authority budget may be adopted and the annual rate on valuation determined (including, where appropriate, having regard to the base year adjustment determined in accordance with section 29 of the Local Government Reform Act 2014) in the local financial year to which that budget or that rate applies, where this is in accordance with the period directed by the Minister for holding the local authority budget meeting.]

(10) Where a local authority budget has not been adopted in accordance with this Chapter by a local authority before the beginning of a particular local financial year, it is lawful for the local authority to use money or to incur liability in that local financial year for any particular purpose or functional programme in respect of which money was used or liability was incurred by the local authority in the immediately preceding local financial year.

(11)(a) The amount used or the liability incurred as a consequence of subsection (10) by the local authority shall not exceed one-third of the amount previously used, or of the cost of meeting the liability previously incurred by the local authority in the immediately preceding local financial year.

(b) The Minister may by order vary the fraction referred to in paragraph (a).

(12)(a) Any reference in any enactment to an estimates meeting of a local authority shall be read as a reference to a local authority budget meeting as provided for in this section.

(b) Any reference in any enactment to a rate in the pound or rates in the pound shall be read as a reference to an annual rate on valuation.

Annotations

Amendments:

F124

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 64-67, S.I. No. 214 of 2014.

F125

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 58(f)-(h), S.I. No. 214 of 2014.

F126

Repealed (6.11.2023) by Local Government Rates and Other Matters Act 2019 (24/2019), s. 27 and sch. 1 part 1 ref. no. 12, S.I. No. 536 of 2023.

Modifications (not altering text):

C36

Requirements for meeting held under section provided (6.11.2023) by Local Government Rates and Other Matters Act 2019 (24/2019), s. 3, S.I. No. 536 of 2023.

Annual rate on valuation

3. At a local authority budget meeting, held under section 103 of the Act of 2001, to consider a draft local authority budget prepared in accordance with section 102 of that Act, the local authority shall, subject to section 6, by resolution determine, in accordance with the local authority budget adopted under section 103 of the said Act, the annual rate on valuation applicable in the calculation of the amount of the rate under section 4.

Editorial Notes:

E213

Previous affecting provision: power pursuant to section exercised (13.01.2014) by Local Government (Financial Procedures and Audit) (Amendment) Regulations 2014 (S.I. No. 8 of 2014), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.

E214

Previous affecting provision: power pursuant to section exercised (14.11.2008) by Local Government (Financial Procedures and Audit) Regulations 2002 (Amendment) Order 2008 (S.I. No. 467 of 2008), in effect as per reg. 2; the only effect of this instrument was to amend S.I. No. 508 of 2002 and on its revocation (below), it ceased to have effect.

E215

Previous affecting provision: power pursuant to section exercised (14.11.2002) by Local Government (Financial Procedures and Audit) Regulations 2002 (S.I. No. 508 of 2002); revoked (1.06.2014) by Local Government (Financial and Audit Procedures) Regulations 2014 (S.I. No. 226 of 2014), reg. 30, in effect as per reg. 2.