The Transport Levying Bodies Regulations 1992

Apportionment of levies

7.—(1) Where, in the case of a local Act levying body, the relevant Act specifies a proportion in which the amounts of precepts, levies or expenses are to be borne by the councils concerned, the levying body shall secure that the amounts for which levies are issued by it under these Regulations are borne by the councils concerned in that proportion.

(2) Where in the case of a local Act levying body, the relevant Act specifies a limit on the amount of any such precepts, levies or expenses which may be apportioned to any council concerned, that limit shall apply to the amount of any levy issued by the levying body under these Regulations which may be apportioned to that council.

(3) Subject to paragraphs (1) and (2) above, each levying body shall secure that any amounts for which levies are issued by it under these Regulations are borne by the councils concerned (if more than one) in proportion.

(4) Proportions under paragraph (3) above shall be determined—

(a) in the case of a levy issued by a metropolitan passenger transport authority, in accordance with paragraphs (5) and (6) below, and

(b) in the case of any other levy issued under these Regulations, in accordance with paragraphs (7) to (11) below.

(5) In the case of a levy issued by a metropolitan county passenger transport authority, proportions under paragraph (3) above shall be determined by reference to the total resident population at the relevant date of the area of each council concerned as estimated by the Registrar General.

(6) For the purposes of paragraph (5) above the relevant date in relation to a levy for a financial year is 30th June in the financial year which commenced two years previously.

(7) Where the relevant Act provides for the amounts of precepts, levies or expenses to be borne by the councils concerned in such proportion as they may agree, the levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to that Act are borne by the councils concerned in that agreed proportion or, if no proportion is agreed, in the relevant proportion.

(8) Where the relevant Act provides for the amounts of precepts, levies or expenses to be borne by the councils concerned in a proportion calculated by reference to population, or the product of a rate, a rateable value or any other factor connected with rating, the levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to that Act are borne by the councils concerned in the relevant proportion.

(9) For the purposes of this regulation, the relevant proportion shall be determined by reference to the council tax base for the financial year in respect of which the levy is issued for the area of each council concerned or, as the case may be, the part of that area in respect of which the levy is issued.

(10) For the purposes of this regulation and regulation 8(2), the council tax base for an area or part of an area for a financial year is, subject to paragraph (11),—

(a) where the levy is issued in respect of the whole of a billing authority’s area, the amount calculated by that authority as its council tax base for the year in accordance with the rules for the time being effective (as regards that year) under regulations made under section 33(5) of the 1992 Act;

(b) where the levy is issued in respect of the whole of the area of a county council, the aggregate of the amounts calculated by the billing authorities to which the county council has the power to issue precepts as their council tax bases for the year for their areas in accordance with the rules for the time being effective (as regards that year) under regulations made under section 44(5) of the 1992 Act;

(c) where the levy is issued in respect of part of a billing authority’s area, the amount calculated by that authority as its council tax base for the year for that part of its area in accordance with the rules for the time being effective (as regards the year) under regulations made under section 34(4) of the 1992 Act; or

(d) where the levy is issued in respect of part of the area of a county council, the aggregate of the amounts calculated by the billing authorities to which the county council has the power to issue precepts as their council tax bases for the year for their areas, or (as the case may require) for the parts of their areas falling within the part area of the county council to which the levy relates in accordance with the rules for the time being effective (as regards that year) under regulations made under section 45(4) of the 1992 Act.

(11) Where a billing authority has calculated and, where required, notified to a county council within the period prescribed by the Local Authorities (Calculation of Council Tax Base) Regulations 1992(1), its council tax base for its area or the part of its area in respect of which the levy is issued for the purposes of item T in section 33(1) or 44(1) of the 1992 Act or item TP in section 34(3) or 45(3) of that Act the council tax base for its area or part of its area shall be the amount calculated.

(1)

S.I. 1992/612, as amended by S.I. 1992/1742.