2012 No. 213
The Transport Levying Bodies (Amendment) Regulations 2012
Made
Laid before Parliament
Coming into force
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 19881, makes the following Regulations:
Citation and commencement1
These Regulations may be cited as the Transport Levying Bodies (Amendment) Regulations 2012 and come into force on 24th February 2012.
Preliminary2
The Transport Levying Bodies Regulations 19922 are amended in accordance with the following provisions of these Regulations.
Interpretation3
In regulation 2 for the definition of “council concerned” there is substituted—
“council concerned”—
- a
in relation to an integrated transport authority established under section 28(1) of the Local Government Act 19853, means a constituent council of that authority pursuant to section 28(4) of that Act;
- 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;
- 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 20114; and
- 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 Act5, have had a relevant precepting power.
Application4
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;
Power to issue levies5
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.
Apportionment of levies6
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”.
Signed by authority of the Secretary of State for Transport
(This note is not part of the Regulations)