Health Authorities Act, 1960

SECOND SCHEDULE

Sections substituted for Sections 9 and 10 of City and County Management (Amendment) Act, 1955

Section 13.

Estimate Of Expenses.

9. (1) In each local financial year, there shall be prepared during the prescribed period and in the prescribed form an estimate (in this section referred to as a provisional estimate of expenses) showing the amounts estimated as necessary to meet the expenses and provide for the liabilities and requirements of a local authority during the local financial year then next ensuing and such preparation shall be carried out—

(a) in the case of a local authority having an estimates committee, by the committee, and

(b) in any other case, by the manager.

(2) The manager shall, so far as is not inconsistent with the due performance of his other duties attend every meeting of the estimates committee of a local authority and shall furnish such information, assistance and advice to the committee as is required by them in the performance of their functions.

(3) Where the manager considers that a provisional estimate of expenses prepared by the estimates committee of a local authority (whether by reference to the whole of the estimate or to any part or parts thereof) would, if confirmed and subsequently adopted, seriously prejudice the efficient or economical performance of the functions of the local authority, the manager shall prepare a separate report specifying the provision which in his opinion is necessary.

(4) In the event of a provisional estimate of expenses not having been prepared by the estimates committee of a local authority pursuant to paragraph (a) of subsection (1) of this section, the manager shall himself prepare such estimate.

(5) Where it would be inconsistent with the due performance of his other duties for the manager to attend a meeting of the estimates committee of a local authority, he shall designate an officer of the local authority to attend the meeting in his place.

(6) A provisional estimate of expenses shall be considered by the local authority at a meeting (in this Act referred to as a provisional estimates meeting) of the local authority at which the manager shall be present and which shall be held during the prescribed period and of which not less than seven days' notice shall have been given to every person who is a member of the local authority when such notice is given.

(7) Not less than seven days before the day on which a provisional estimates meeting of a local authority is to be held, the manager shall—

(a) deposit in the offices of the local authority a copy of the provisional estimate of expenses,

(b) send a copy of the provisional estimate of expenses, together with a copy of any separate report under subsection (3) of this section, to every person who is, on the day before the commencement of the said seven days, a member of the local authority, and

(c) give public notice in the prescribed manner of the fact that the provisional estimate of expenses has been made and that a copy thereof has been deposited as aforesaid.

(8) A copy of a provisional estimate of expenses which is deposited in pursuance of this section in the offices of a local authority may be inspected free of charge by any member of the public at any time while those offices are open for the transaction of official business, and the manager shall supply to a person making application to him therefor a copy of the provisional estimate of expenses at the price of one shilling per copy.

(9) At a provisional estimates meeting of a local authority or at an adjournment thereof, the local authority—

(a) may by resolution amend, whether by addition, omission or variation, the provisional estimate of expenses,

(b) shall by resolution confirm the provisional estimate of expenses either (as the case may require) without amendment or with the amendments made therein under paragraph (a) of this subsection, and

(c) shall prepare and by resolution adopt, in accordance with the provisional estimate of expenses as so confirmed, drafts of such demands or other instruments as would be appropriate for obtaining the money to meet the amounts specified in such estimate.

(10) A local authority may adjourn a provisional estimates meeting as often as they wish, subject to the limitation that no such adjournment shall be to a day not within the period of twenty-one days beginning on the day on which the provisional estimates meeting begins.

(11) A provisional estimate of expenses as confirmed under subsection (9) of this section is referred to in this Act as an estimate of expenses.

(12) Where the manager considers that an estimate of expenses (whether by reference to the whole of the estimate or to any part or parts thereof) would, if adopted, seriously prejudice the efficient or economical performance of the functions of the local authority, the manager shall prepare a separate report specifying the provision which in his opinion is necessary.

Estimates meeting.

10. (1) An estimate of expenses shall be considered by the local authority at a meeting (in this Act referred to as an estimates meeting) of the local authority at which the manager shall be present and which shall be held during the prescribed period and of which not less than seven days' notice shall have been given to every person who is a member of the local authority when such notice is given.

(2) Not less than twenty-one days before the day on which an estimates meeting of a local authority is to be held, the manager shall send to each rating authority concerned—

(a) a copy of the estimate of expenses,

(b) a copy of any separate report under subsection (12) of section 9 of this Act, and

(c) copies of the drafts prepared under subsection (9) of that section, and each such rating authority may, during the said twenty-one days, make, by resolution, recommendations to the local authority for the amendment, whether by addition, omission or variation, of the estimate of expenses.

(3) At an estimates meeting of a local authority, the local authority—

(a) may by resolution amend, whether by addition, omission or variation, the estimate of expenses,

(b) shall by resolution adopt the estimate of expenses either (as the case may require) without amendment or with the amendments made therein under paragraph (a) of this subsection, and

(c) shall prepare and by resolution adopt, in accordance with the estimate of expenses as so adopted, the demands or other instruments whereby the money to meet the expenses of the elective body in the local financial year then next ensuing is to be obtained.