Local Government (Financial and Audit Procedures) Regulations 2014.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Local Government (Financial and Audit Procedures) Regulations 2014.
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paragraphs: These Regulations shall come into operation on the 1 June 2014.
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paragraphs: (1) In these Regulations–
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paragraphs: These Regulations and the accounting code of practice issued under section 107 of the Local Government Act 2001 shall be read together and construed as one.
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paragraphs: The forms set forth in the schedule of prescribed forms to these Regulations shall be the prescribed forms for the respective purposes for which they are expressed to be applicable.
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paragraphs: (1) A draft budgetary plan shall be prepared for each municipal district.
(2) The draft budgetary plan shall set out the General Municipal Allocation and its proposed application for the forthcoming local financial year.
(3) The draft budgetary plan shall be considered by the municipal district members at a meeting—
(a) which is held during a period directed by the Minister,
(b) of which not less than 7 days notice has been given to every municipal district member, and
(c) which concludes no later than 21 days prior to the local authority budget meeting.
(4) A copy of the draft budgetary plan shall be sent to municipal district members not less than 7 days before the day on which the meeting under paragraph (3) is to be held.
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paragraphs: (1) As soon as practicable after the adoption by a joint body or regional assembly of the budget for a local financial year, a joint body or regional assembly shall cause to be transmitted to each relevant local authority in whose area such body exercises its function a demand in the format specified in Form 1 for payment of expenses, if any.
(2) The expenses of a joint body or regional assembly under this paragraph shall be apportioned between each relevant local authority on such basis as may be agreed by such local authorities or, failing agreement, in proportion to the value of relevant property of each local authority.
(3) Subject to paragraph (4), as soon as possible before the adoption by a joint body or regional assembly of its budget for a local financial year, each relevant local authority shall inform such joint body or regional assembly of the basis of the apportionment to be applied to its expenses and—
(a) where the apportionment is to be proportionate to the total value of relevant property of each relevant local authority, the demand under paragraph (1) shall be in the format of Form 1(a) — Table 1.
(b) where the apportionment is to be applied on a basis other than that in sub-paragraph (a), the demand under paragraph (1) shall be in the format of Form 1(b) — Table 1.
(4) The basis of an apportionment made under subparagraphs 3(a) or 3(b) shall remain in force pending a subsequent apportionment made under paragraph (2).
(5) If a demand under this Article is not transmitted to a relevant local authority before the adoption by such local authority of a budget for a local financial year, the local authority shall include in such budget such provision for the demand as the local authority estimates will be sufficient.
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paragraphs: An employee of a local authority who is authorised to receive money on behalf of such local authority shall lodge the full amount of the monies received by him or her to the relevant bank account of such local authority as soon as possible after he or she has received such monies or on a date as may be specified by such local authority.
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paragraphs: A local authority, joint body or regional assembly shall maintain an adequate and effective system of internal audit of its accounting records and control systems.
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paragraphs: A local authority shall issue a receipt for payments made to it when requested to do so.
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paragraphs: A local authority shall apply the provisions of the accounting code of practice in respect of any gifts received by that authority under section 228 of the Local Government Act 2001 .
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paragraphs: The form of the accounts to be kept by a local authority or joint body shall be in accordance with the accounting code of practice.
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paragraphs: In this Part—
(a) a local authority,
(b) a regional assembly, and
(c) any other body audited by a local government auditor in accordance with section 115 of the Local Government Act 2001 .
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paragraphs: (1) Notice of the time and place appointed for the holding of the yearly audit of the accounts of a local government organisation shall be given in Form 2 by the auditor to the Chief Executive, Director or Manager as appropriate.
(2) On receipt of the notice referred to in paragraph (1) the Chief Executive, Director or Manager shall take the following steps—
(a) cause a notice in Form 3 to be exhibited in the principal offices of the local government organisation during the seven days next preceding the day appointed for such audit,
(b) cause a notice in Form 3 to be published at least seven days before the day appointed for the audit in a newspaper circulating in the administrative area of the local government organisation, and
(c) give due notice of such time and place to every member of the local government organisation and to its bankers.
(3) Without prejudice to paragraph (1), the auditor may undertake preparatory work associated with the yearly audit, which may include examining systems, procedures, practices and transactions before the time appointed on the notice, subject to notifying the Chief Executive, Director or Manager of his or her intention to do so at least 7 days before the day on which the preparatory work commences.
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paragraphs: (1) The local government organisation shall, seven clear days before the day appointed for the commencement of the yearly audit of its accounts, make available for inspection during office hours by any member of the public the annual financial statement, records and other documents relating to the accounts to be audited.
(2) It shall be the duty of the local government organisation to afford every reasonable facility and assistance to the person who has made a request under this paragraph.
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paragraphs: In the case of any error in any of the accounts of a local government organisation, whether occurring in the accounts for the period under audit or in a previous period, the auditor may—
(a) make, or cause to be made, the necessary correction and may then deal with the accounts so corrected, or
(b) direct that the correction be made in the accounts of a subsequent year.
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paragraphs: (1) An objection to the inclusion of any item in, or the omission of any item from, the accounts of a local government organisation undergoing audit may be made to the auditor by or on behalf of any person, and such objection shall be made in writing, setting out the relevant particulars and grounds on which it is being made, within 10 days of the commencement of audit and the auditor shall consider such written objection.
(2) Having considered the objection under paragraph (1), the auditor may, if he or she considers it appropriate, refer the matter or matters subject to the objection to the Chief Executive where,
(a) in the opinion of the auditor it is not material to the audit to be conducted, or
(b) the matter or matters raised in the objection are not concerned with the accounts of the local government organisation subject to the audit.
(3) Where the auditor has referred an objection to the Chief Executive under paragraph (2) it shall be the duty of the Chief Executive to—
(a) review the matter that is the subject of the objection, and
(b) respond to the person who made the objection setting out his or her findings within 14 days of receipt of the objection from the auditor or, where the review is not completed within 14 days, provide an update on progress and an indication of the date by which the review will be completed.
(4) Where in accordance with paragraph (2) the auditor has considered the objection to be of material relevance to the audit, the auditor shall—
(a) refer to the matter or matters in his or her audit report in accordance with section 120(1)(c) of the Local Government Act 2001 , and
(b) provide a copy of the report to the person who made the objection within 14 days of the report being submitted to the local government organisation under section 121 (1) of the Local Government Act 2001 .
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paragraphs: (1) The yearly audit of the accounts of a local government organisation shall be deemed to be completed and closed when the auditor, having audited the several accounts, shall have appended his or her signature with the date thereof to the audit opinion contained in the relevant annual financial statement.
(2) At the close of the yearly audit of the accounts of a local government organisation, the local government organisation shall provide so many copies of the audited annual financial statement to the auditor as he or she may require.
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paragraphs: An extraordinary audit held in pursuance of section 123 of the Local Government Act 2001 shall be deemed to be completed and closed when the auditor has signed the relevant audit report.
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paragraphs: (1) When a local government auditor has, in accordance with section 120 of the Local Government Act 2001 , sent to a local government organisation a copy of the audited financial statement of the local government organisation for a financial year and a copy of the auditor’s report or auditor’s special report, the local government organisation shall comply with the following procedures—
(a) it shall furnish a copy of the said audited financial statement and report to every member of the local government organisation,
(b) it shall furnish a copy of the said audited financial statement and report to any other person who requests it, and
(c) it shall publish the said audited financial statement and report on its website, where such exists.
(2) If the Minister shall so direct, the local government organisation shall cause the auditor’s report or auditor’s special report to be published in a manner other than that specified in these Regulations.
(3) The provisions of this paragraph shall apply with the necessary modifications when a local government organisation has received from the auditor a copy of the auditor’s report on an extraordinary audit.
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paragraphs: (1) As soon as may be after the annual rate on valuation has been determined by the rating authority, the rating authority shall prepare the rate book in accordance with this paragraph.
(2) The rate book shall include all relevant properties which are liable for rates. Particulars in respect of each relevant property to be included in the rate book shall be as follows—
(a) Rate account number,
(b) Name of occupier or owner,
(c) Address of occupier or owner,
(d) Description(s) of relevant property,
(e) Rateable valuations of relevant property,
(f) Remissions, if any,
(g) Total assessable rateable valuation,
(h) Total for collection,
(i) Base Year Adjustment, where applicable, and
(j) Any other information considered necessary by the rating authority.
(3) In the rate book the annual rate on valuation determined by the rating authority shall be assessed upon the persons liable in respect of the relevant properties and otherwise in accordance with the provisions of the relevant statutes.
(4) In the amount of an assessment of rates on a relevant property, fractions of a cent less than half a cent shall be discarded and fractions of a cent equal to or greater than half a cent shall be rounded up to a cent.
(5) A rating authority may make any changes or amendments to the rate book as it considers appropriate.
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paragraphs: Fourteen days at least before the making of a rate, the rating authority shall publish the statutory notice of the deposit of the rate book for the inspection of ratepayers in at least one newspaper circulating in the area for which the rate is to be made and on the website of the local authority, where such exists. The notice shall at a minimum specify the following—
(a) Name of the rating authority,
(b) Address of the rating authority,
(c) Address where the rate book can be inspected,
(d) Times for the inspection of the rate book,
(e) Annual rate on valuation,
(f) Base Year Adjustment where applicable, and
(g) Any other information considered necessary by the rating authority.
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paragraphs: After every statutory requirement in relation to notices or to the deposit of the rate book for inspection has been complied with, the rate shall be made by Chief Executive’s order
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paragraphs: As soon as may be after the making of a rate, the rating authority shall publish the statutory notice of the rate having been made in at least one newspaper circulating in the area for which the rate is made and on its website, where such exists. The notice at a minimum shall specify the following—
(a) name of the rating authority,
(b) address of the rating authority, and
(c) the annual rate on valuation.
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paragraphs: (1) A rating authority shall, as soon as may be after the making of the rate under Regulation 24, issue to each ratepayer a bill demanding the payment of rates due.
(2) A rates bill shall at a minimum include the following particulars—
(a) Rate account number,
(b) Name of rating authority,
(c) Address of rating authority,
(d) Name of the owner/occupier,
(e) Address of the property,
(f) Rateable valuation of the relevant property,
(g) Remissions, if any,
(h) Total assessable rateable valuation of the relevant property,
(i) Annual rate on valuation(s),
(j) Total amount of rates due,
(k) Base Year Adjustment, where applicable, and
(l) Any other information considered necessary by the rating authority.