The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017

PART 6 Funding

Funding

18.—(1) Subject to the provisions in article 5 of the 2014 Order(1) and paragraph (2), the constituent councils must ensure that any reasonably incurred costs of the Combined Authority are met to the extent that the Combined Authority has not decided to meet these costs from other resources available to the Combined Authority.

(2) Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of the functions specified in articles 3, 5, 6, 7, 10 and 19(10) to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined Authority.

(3) Any amount payable by each of the constituent councils to ensure that the costs of the Combined Authority referred to in paragraphs (1) and (2) are met is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in proportion to the total resident population of the Combined Authority which resides in the local government area of that council at the relevant date as estimated by the Statistics Board(2).

(4) In relation to the expenditure mentioned in paragraph (2)—

(a) to the extent to which such expenditure is to be met by amounts payable under arrangements made under paragraph (3)—

(i) the Mayor must agree with the Combined Authority the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure; and

(ii) in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred;

(b) any precept issued in relation to such expenditure under regulations made under section 40 of the Local Government Finance Act 1992(3) is to be disregarded from any calculation of the costs of the expenditure.

(5) The functions mentioned in articles 16 to 18 are to be funded out of the levy issued by the Combined Authority to the constituent councils under section 74 of the Local Government Finance Act 1988(4) and in accordance with the Transport Levying Bodies Regulations 1992(5).

(6) For the purposes of this article the relevant date in relation to a payment for a financial year is 30th June in the financial year which commenced two years prior to the financial year in which such payment is made.

(1)

Article 5 makes provision for the funding, by the constituent councils, of those costs of the Combined Authority that relate to the exercise of its economic development and regeneration functions and for the costs of the Combined Authority reasonably attributable to the exercise of its functions relating to transport shall to be met by means of two separate levies issued by the Authority.

(2)

Section 25 of the Statistics and Registration Service Act 2007 (c. 18) provides that the Statistics Board is responsible for the functions in section 19 of the Registration Service Act 1953 (c. 37).

(3)

1992 c. 14. Section 40 was amended by section 83 of the 1999 Act, section 79 of, and paragraph 7 of Schedule 17 to, the 2011 Act and section 5 of the 2016 Act.

(4)

1998 c. 4. Section 74 was amended by paragraph 72 of Schedule 13 to the Local Government Finance Act 1992 (c. 14); paragraph 21 of Schedule 60 to the Local Government (Wales) Act 1994; Schedule 24 to the Environment Act 1995; section 105 of the 1999 Act; paragraph 305(a) of Schedule 8 to the Courts Act 2003 (c. 39); paragraph 68 of Schedule 1 to the Fire and Rescue Services Act 2004 (c. 21); paragraph 16 of Schedule 1 to the Local Government and Involvement in Public Health Act 2007; paragraphs 74 and 75 of Schedule 6 and Part 4 of Schedule 7 to the 2009 Act; paragraphs 1 and 2 of Schedule 7 to the Police Reform and Social Responsibility Act 2011; paragraph 182(a) of Schedule 16 to the 2011 Act; section 9(1)(a) , (b) and (2) of, and paragraphs 9 and 10 of Schedule 5 to the 2016 Act; and by S.I. 1994/2825.

(5)

S.I. 1992/2789, amended by S.I. 2012/213 and S.I. 2015/27.