The Transport Levying Bodies (Amendment) Regulations 2012

• Citation: S.I. 2012/213
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Transport Levying Bodies (Amendment) Regulations 2012 and come into force on 24th February 2012.

Section 2 Preliminary

The Transport Levying Bodies Regulations 1992 are amended in accordance with the following provisions of these Regulations.

Section 3 Interpretation

In regulation 2 for the definition of “council concerned” there is substituted—

“council concerned”—

in relation to an integrated transport authority established under section 28(1) of the Local Government Act 1985 , means a constituent council of that authority pursuant to section 28(4) of that Act;

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;

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 2011 ; and

in relation to any other levying body, means a council as respects which the levying body would, apart from section 117 of the 1988 Act , have had a relevant precepting power.

Section 4 Application

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;

Section 5 Power to issue levies

(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.

Section 6 Apportionment of levies

(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”.