§ Baroness Gardner of Parkesasked Her Majesty's Government:
Whether they will confirm that if a member of a precept-capped authority votes for a precept below the maximum prescribed in the Rate Limitation (Prescribed Maximum) (Precepts) Order 1985 he is still complying with his duties as a councillor.
§ The Parliamentary Under-Secretary of State, Department of the Environment (The Earl of Avon)Generally it is the duty of each individual member of a local authority to ensure that, as far as it lies in his power to do so, the authority complies with the law.
Under the General Rate Act 1967 and the Rates Act 1984 every local authority has a duty to make a rate or issue a precept which, subject to any maximum limit fixed, under the 1984 Act, is sufficient to meet its estimated expenditure and contingencies which cannot be met by other means.
109WAEach member must therefore do everything in his power to ensure that an authority makes a rate or issues a precept sufficient to meet its obligations but not exceeding any maximum limit fixed under the 1984 Act.