Section 35B — Local Government Finance Act 1988: Substitutions: maximum amounts.

Substitutions: maximum amounts. 35B 1 Subsection (2) below applies where—

a section 35(1) above applies in the case of a charging authority in circumstances where section 35(3) applies, b apart from this section, any amount set in substitution under section 35(1) would be greater than the amount for which it is required to be substituted, and c subsection (3) below does not prevent subsection (2) below applying.

2 In such a case—

a any amount set in substitution under section 35(1) shall be no greater than the amount for which it is required to be substituted, and b section 35(3) shall have effect subject to paragraph (a) above.

3 Subsection (2) above does not apply where the precept giving rise to the application of section 35(1) is—

a an original precept, or b a precept issued in substitution for one quashed because of a failure to fulfil section 68(3) or 69(3) or (4) below.

4 Subsection (5) below applies where—

a section 35(4) above applies in the case of a charging authority in circumstances where section 35(5) applies, b apart from this section, any amount set in substitution under section 35(4) would be greater than the amount for which it is required to be substituted, and c subsection (6) below does not prevent subsection (5) below applying.

5 In such a case—

a any amount set in substitution under section 35(4) shall be no greater than the amount for which it is required to be substituted, and b section 35(5) shall have effect subject to paragraph (a) above.

6 Subsection (5) above does not apply where the calculations giving rise to the application of section 35(4) are made because a previous calculation under section 95(4) below has been quashed because of a failure to comply with section 95 in making the calculation.