The West Midlands Combined Authority (Functions and Amendment) Order 2017

Funding

21.—(1) The constituent councils must meet any reasonably incurred costs of the Combined Authority, other than the costs mentioned in paragraph (4) to the extent that the Combined Authority has not decided to meet these costs from other resources available to the Combined Authority.

(2) Any amount payable by each of the constituent councils to ensure that the costs of the Combined Authority referred to in paragraph (1) 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 that council at the relevant date as estimated by the Statistics Board(1).

(3) The functions mentioned in article 6 may 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(2) and in accordance with the Transport Levying Bodies Regulations 1992(3).

(4) Subject to paragraph (5), the constituent councils must meet the costs of the expenditure reasonably incurred in, or in connection with, the exercise of the functions specified in articles 3, 4, 5, 7, 8 9, 10 (only in relation to the function specified in section 9(2) of the 2008 Act) and 23, to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined Authority.

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

(a) to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (2)—

(i) the Mayor must agree with the Combined Authority the total expenditure mentioned in paragraph (4) 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 section 40 of the Local Government Finance Act 1992(4) is to be disregarded from any calculation of the costs of the expenditure.

(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)

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) in relation to the annual abstract of number of births, deaths and marriages.

(2)

1988 c. 41. Section 74 was amended by Schedule 13 to the Local Government Finance Act 1992 (c. 14); section 20 of, and Schedule 6 to, the Local Government (Wales) Act 1994 (c. 19); section 120 of, and Schedule 24 to, the Environment Act 1995 (c. 25); section 105 of the 1999 Act; section 109 of, and Schedule 8, to the Courts Act 2003 (c. 39); section 53 of, Schedule 1 to, the Fire and Rescue Services Act 2004 (c. 21); section 22 of, and Schedule 1, to the Local Government and Involvement in Public Health Act 2007 (c. 28); sections 119 and 146 of, and Schedules 6 and 7 to, the 2009 Act; section 99 of, and Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13); section 69 of, and Schedule 7 to, the 2011 Act; section 9 of, and Schedule 5 to, the 2016 Act; and by S.I. 1994/2825.

(3)

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

(4)

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 Localism Act 2011 and section 5 of the 2016 Act.