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23.—(1) Subject to paragraphs (3) to (5), the constituent councils must ensure that the costs of the Combined 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 article 21(1), 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 accordance with the proportion of the total resident population of the Combined Authority which resides in the area of each constituent council at the relevant date as estimated by the Statistics Board(1).
(4) In relation to the expenditure mentioned in paragraph (2)—
(a)to the extent to which such expenditure is met by amounts payable under paragraph (3)—
(i)the Mayor must agree with the Combined Authority the total expenditure mentioned in paragraph (2) in advance of incurring such expenditure;
(ii)in the absence of such agreement, 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(2) is to be disregarded from any calculation of the costs of the expenditure.
(5) The costs of the Combined Authority reasonably attributable to the exercise of its functions relating to transport must be met by means of a levy issued by the Combined Authority to the constituent councils under section 74 of the Local Government Finance Act 1988(3) and in accordance with the Transport Levying Bodies Regulations 1992(4).
(6) For the purposes of paragraph (3), the “relevant date” in relation to a payment for a financial year is 30 June in the financial year which commenced two years prior to the financial year in which such payment is to be made.
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).
1988 c. 41. Section 74 was amended by Schedule 13 to the Local Government Finance Act 1992 (c. 14), section 105 of the Greater London Authority Act 1999 (c. 29), Schedule 8 to the Courts Act 2003 (c. 39), Schedule 1 to the Local Government and Public Involvement in Health Act 2007 (c. 28), Schedule 6 to, and Part 4 of Schedule 7 to, the 2009 Act, Part 3 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13), Schedule 7 to the 2011 Act, section 9 of and Schedule 5 to the Cities and Local Government Devolution Act 2016 (c. 1), Schedule 4 to the 2023 Act and by S.I. 1994/2825.
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