OpenLegislation

The Transport Levying Bodies (Amendment) Regulations 2012

S.I. 2012/213 · Made 30 January 2012

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Local Government, England

Finance

Made 30th January 2012

Laid before Parliament 2nd February 2012

Coming into force 24th February 2012

The Secretary of State for Transport, in exercise of the powers conferred by sections 74 and 143(1) and (2) of the Local Government Finance Act 1988f1, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1988 c. 41; section 74 was amended by the Local Government Finance Act 1992 (c. 14), Schedule 13, paragraph 72(1); by S.I. 1994/2825; by the Greater London Authority Act 1999 (c. 29), section 105; by the Courts Act 2003 (c. 39), Schedule 8, paragraph 305(a); by the Fire and Rescue Services Act 2004 (c. 21), Schedule 1, paragraph 68; by the Local Government and Public Involvement in Health Act 2007 (c. 28), Schedule 1, Part 1, paragraph 16(2) and Schedule 7, Part 4; and by the Local Democracy, Economic Development and Construction Act 2009 (c. 20), Schedule 6, paragraphs 74, 75 and Schedule 7, Part 4.

Contents

  1. 1Citation and commencement
  2. 2Preliminary
  3. 3Interpretation
  4. 4Application
  5. 5Power to issue levies
  6. 6Apportionment of levies
  7. Signature
  8. Explanatory note

1Citation and commencement

These Regulations may be cited as the Transport Levying Bodies (Amendment) Regulations 2012 and come into force on 24th February 2012.

2Preliminary

The Transport Levying Bodies Regulations 1992f1 are amended in accordance with the following provisions of these Regulations.

3Interpretation

In regulation 2 for the definition of “council concerned” there is substituted—

  • ““council concerned”—

    1. (a)

      in relation to an integrated transport authority established under section 28(1) of the Local Government Act 1985f1, means a constituent council of that authority pursuant to section 28(4) of that Act;

    2. (b)

      in relation to an integrated transport authority established under section 78 of the Local Transport Act 2008, means a constituent council of that authority pursuant to section 79(3) of that Act;

    3. (c)

      in relation to the Greater Manchester Combined Authority, means a constituent council of that authority pursuant to article 2 of the Greater Manchester Combined Authority Order 2011f2; and

    4. (d)

      in relation to any other levying body, means a council as respects which the levying body would, apart from section 117 of the 1988 Actf3, have had a relevant precepting power.”

4Application

For paragraph (a) of regulation 3 there is substituted—

“(a)

the integrated transport authorities established by section 28(1) of the Local Government Act 1985;

(aa)

the Greater Manchester Combined Authority established by the Greater Manchester Combined Authority Order 2011;”.

5Power to issue levies

(1)

Regulation 4 is amended as follows.

(2)

In paragraph (1) after “to which these Regulations apply” there is inserted “by virtue of paragraph (b), (c) or (d) of regulation 3”.

(3)

After paragraph (1) there is inserted—

“(1A)

An integrated transport authority and the Greater Manchester Combined Authority each have power to issue to a council concerned, and in accordance with these Regulations, a levy in respect of each chargeable financial year to enable it to meet relevant expenditure.

(1B)

In paragraph (1A) “relevant expenditure” means—

(a)

in relation to an integrated transport authority, all those liabilities falling to be discharged by it for which provision is not otherwise made;

(b)

in relation to the Greater Manchester Combined Authority, all those liabilities falling to be discharged by it which are reasonably attributable to the exercise of—

(i)

its functions arising by virtue of Part 3 of the Greater Manchester Combined Authority Order 2011; or

(ii)

any other of its functions relating to transport,

for which provision is not otherwise made.”

6Apportionment of levies

(1)

Regulation 7 is amended as follows.

(2)

In regulation 7(4)(a) for “a metropolitan passenger transport authority” there is substituted “an integrated transport authority or the Greater Manchester Combined Authority”.

(3)

In regulation 7(5) for “a metropolitan passenger transport authority” there is substituted “an integrated transport authority or the Greater Manchester Combined Authority”.

Signature

Signed by authority of the Secretary of State for Transport

Norman Baker

Parliamentary Under Secretary of State

Department for Transport

30th January 2012

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Transport Levying Regulations 1992 (“the Principal Regulations”) so as to apply them expressly to integrated transport authorities and to the Greater Manchester Combined Authority.

Regulation 3 amends the definition of “council concerned” in regulation 2 of the Principal Regulations and regulation 4 replaces the reference in paragraph (a) of regulation 3 of the Principal Regulations to metropolitan county passenger authorities with references to integrated transport authorities and to the Greater Manchester Combined Authority.

Regulations 5 and 6 make consequential amendments to regulations 4 and 7 of the Principal Regulations.

No impact assessment has been prepared for this order because it will not have any effect on business.