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PART 9Funding

Funding

28.—(1) Subject to paragraphs (2) and (5), the constituent councils must ensure that the costs of the Combined County Authority reasonably attributable to the exercise of its functions are met.

(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 referred to in regulation 26(1), to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined County Authority.

(3) Any amount payable by each of the constituent councils in accordance with paragraphs (1) and (2) 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 equal proportions.

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

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

(i)the Mayor must agree with the Combined County 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 section 40 of the Local Government Finance Act 1992(1) is to be disregarded from any calculation of the costs of the expenditure.

(5) The costs of the Combined County Authority reasonably attributable to the exercise of its functions relating to transport may be met by means of a levy issued by the Combined County 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).

Conferral of Business Rate Supplements functions

29.  The Combined County Authority has, in relation to the Area, functions corresponding to the functions conferred on the Greater London Authority in relation to Greater London by the BRS Act, except for the functions conferred by section 3(5) (use of money raised by a BRS) of that Act.

Application of BRS Act in consequence of regulation 30

30.  For the purposes of regulation 29, the BRS Act applies to the Combined County Authority as if —

(a)references to the Greater London Authority in section 2(1) (levying authorities) and in section 5(2) (prospectus) of the BRS Act included references to the Combined County Authority;

(b)references in that Act to a lower-tier authority were, in relation to the Combined County Authority, references to a district council.

(1)

1992 c. 14. Section 40 was amended by section 83 of the Greater London Authority Act 1999, section 79 of and paragraph 7 of Schedule 17 to the Localism Act 2011 and section 5 of the Cities and Local Government Devolution Act 2016.

(2)

1988 c. 41. There are also amendments to section 74.

(3)

S.I. 1992/2789, to which there are amendments not relevant to these Regulations.