CHAPTER II: Adoption and implementation of the budget

In the event that the local authority’s budget has not been adopted before 1 January of the financial year to which it applies, the president of the territorial council is entitled, until the adoption of this budget, to levy revenue and to commit, liquidate and mandate expenditure in the operating section within the limit of that entered in the budget for the previous year. It is entitled to mandate expenditure…

If the budget is not adopted before 31 March of the financial year to which it applies or before 15 April of the year of the renewal of the Territorial Council, the State representative immediately refers the matter to the Territorial Audit Chamber which, within one month and by means of a public opinion, makes proposals for the settlement of the budget. The State representative settles the budget and makes…

The local authority’s budget is in real balance when the operating section and the investment section are respectively voted in balance, the revenue and expenditure having been evaluated sincerely, and when the deduction from the revenue of the operating section in favour of the investment section added to the own revenue of this section, excluding the proceeds of borrowings, and possibly to the allocations to the depreciation and provisions accounts,…

Where the budget is not voted in real balance, the territorial audit chamber, seized by the State representative within thirty days of the transmission provided for in article LO 6341-1, establishes this, proposes to the local authority, within thirty days of the referral, the measures necessary to re-establish a balanced budget and asks the territorial council for a new deliberation. The new deliberation, rectifying the initial budget, must take place…

However, for the application of article LO 6362-4, a budget is not considered to be out of balance if its operating section includes or recovers a surplus and its investment section is in real balance, after the recovery for each of the sections of the results shown in the administrative account for the previous financial year.

The local authority’s initial budget is sent to the State representative no later than fifteen days after the deadline set for its adoption by articles LO 6362-2 and LO 6362-7 Failing this, the provisions of article LO 6362-2 shall apply.

As from the referral to the territorial audit chamber and until the end of the procedure provided for in article LO 6362-4, the Territorial Council may not vote on budgetary matters, except for the deliberation provided for in the second paragraph of the same Article LO 6362-4 and for the application of Article LO 6362-10. When the local authority’s budget has been settled and made enforceable by the representative of…

The submission of the local authority’s budget to the territorial audit chamber under articles LO 6362-4 and LO 6362-12 has the effect of suspending the implementation of this budget until the end of the procedure. However, the provisions of article LO 6362-1. In addition, expenditure on the investment section of this budget may be committed, liquidated and mandated up to a limit of half of the appropriations entered under this…

Subject to compliance with articles LO 6362-1, LO 6362-7 and LO 6362-8, amendments may be made to the budget by the territorial council until the end of the financial year to which they apply. Within a period of twenty-one days following the end of the financial year, the Territorial Council may also make amendments to the budget to adjust the appropriations in the operating section to pay expenditure committed before…

The closing of the local authority’s accounts is constituted by the vote of the territorial council on the administrative account presented by the president of the territorial council after transmission, no later than 1st June of the year following the financial year, of the management account drawn up by the accountant of the territorial authority. The vote of the territorial council approving the accounts must take place no later than…