The Environment Agency (Levies) (England and Wales) Regulations 2011

Carrying forward of balances for purpose of ascertaining qualifying expenses for an area

9.—(1) This regulation applies in relation to the area of a Regional Flood and Coastal Committee unless, before 1st December in a financial year, the Agency revises the boundaries of the area in accordance with regulations made under section 22(2)(a) of the Flood and Water Management Act 2010.

(2) As soon as is reasonably practicable after the end of the financial year, the Agency must—

(a) calculate the difference (if any) between the actual expenditure in an area for a financial year and the sum of—

(i) the amount of levy revenue raised for that financial year, and

(ii) any amount carried forward to that financial year under paragraph (3) or (4); and

(b) provide the following information to the Regional Flood and Coastal Committee for the area and its constituent authorities—

(i) the actual expenditure of levy revenue in the area for that financial year,

(ii) the purposes for which the levy revenue was spent,

(iii) the sum of the amounts in sub-paragraph (a)(i) and (ii) for that financial year, and

(iv) any difference calculated under sub-paragraph (a).

(3) If the actual expenditure in an area for any financial year is greater than the sum of the amounts in paragraph (2)(a)(i) and (ii) for that financial year, the Agency may carry forward the amount of the difference to—

(a) the next financial year, if a levy for the next financial year has not yet been issued; or

(b) the financial year after the next financial year, if a levy for the next financial year has already been issued.

(4) If the actual expenditure in an area for any financial year is less than the sum of the amounts in paragraph (2)(a)(i) and (ii) for that financial year, the Agency must—

(a) carry forward the amount of the difference to—

(i) the next financial year, or

(ii) the financial year after the next financial year; or

(b) apportion the amount of the difference between each constituent authority in that area based on the proportion that the relevant council tax base for the financial year for each constituent authority bears to the sum of the relevant council tax bases for the financial year for all constituent authorities in that area, and pay those apportioned amounts to the constituent authorities.