Transport Levying Bodies Regulations 1992
| Jurisdiction | UK Non-devolved |
1992 No. 2789
LOCAL GOVERNMENT, ENGLAND AND WALESFINANCE
The Transport Levying Bodies Regulations 1992
Made 9th November 1992
Laid before Parliament 10th November 1992
Coming into force 1st December 1992
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 19881and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Transport Levying Bodies Regulations 1992 and shall come into force on 1st December 1992.
Interpretation
2. In these Regulations—
“the 1988 Act” means the Local Government Finance Act 1988;
“the 1992 Act” means the Local Government Finance Act 19922;
“council concerned” means, in relation to a levying body, a council as respects which the levying body would, apart from section 117 of the 1988 Act, have had a relevant precepting power;
“levying body” has the same meaning as in section 74 of the 1988 Act;
“local Act levying body” means a levying body whose relevant precepting power is conferred by a local or private Act;
“relevant Act”, in relation to a levying body, means the Act by which a relevant precepting power is conferred on that body;
“relevant precepting power” means any power under an Act which a levying body would, apart from section 117 of the 1988 Act, have had in respect of the financial year commencing in 1990 to issue a precept to, make a levy on or have its expenses paid by a county council or a charging authority.
Application
3. The levying bodies to which these Regulations apply are—
(a) the metropolitan county passenger transport authorities established by section 28 of the Local Government Act 19853,
(b) the local Act levying bodies listed in the Schedule to these Regulations,
(c) subject to regulation 14 below, the Tweed Bridges Trust, and
(d) any other levying body whose functions consist exclusively of the administration of a bridge or harbour.
Power to issue levies
4.—(1) Each levying body to which these Regulations apply shall have power to issue to a council concerned and in accordance with these Regulations a levy in respect of each chargeable financial year to meet those liabilities and expenses of the levying body to which its relevant precepting power applies.
(2) A levy must state whether it or any portion of it is applicable to all or part of the area of the council concerned to which it is issued and, in the case of a part, what part.
Date of issue of levies
5.—(1) A levy, other than a substituted levy issued under regulation 9 below, shall be issued before 15th February preceding the commencement of the financial year in respect of which it is issued (in this regulation called “the relevant date”), but shall not be invalid merely because it is issued on or after that date.
(2) Where the relevant Act would, apart from section 117 of the 1988 Act, require the levying body to issue a precept, make a levy or provide an estimate of its expenditure to be paid, before a date which is earlier than the relevant date, that earlier date shall be the relevant date for the purposes of paragraph (1) above.
(3) Paragraph (2) does not apply—
(a)
(a) to a levy issued for the financial year beginning in 1993; or
(b)
(b) to a levy to which regulation 7(3) applies.
Maximum amount of levies
6.—(1) This regulation applies to a local Act levying body whose relevant precepting power is subject to a limit (in this regulation called “the relevant limit”) imposed by or under the relevant Act on the amount for which it could issue a precept to, make a levy on or seek payment from the council concerned.
(2) Subject to the following provisions of this regulation, any levy which the levying body may issue under these Regulations shall be subject to the relevant limit.
(3) Where the relevant limit is expressed in terms of the product of a rate of a specified amount for the area of the council concerned, or for a specified part of that area, in relation to a financial year, for the purposes of a levy issued in respect of—
(a)
(a) the financial year commencing in 1993, the product of a rate of that amount for that area, or as the case may be, for that part, shall be taken to be the amount ascertained in accordance with regulation 6(3) of the Transport Levying Bodies Regulations 19904for the purposes of a levy issued in respect of the financial year commencing in 1992, increased by 3.6 per cent, and
(b)
(b) any subsequent financial year, the product of a rate of that amount for that area or part shall be taken to be the amount ascertained in accordance with subparagraph (a) above increased or decreased by such factor as shall be agreed between the levying body and the council concerned (and if more than one, by all the councils concerned) or, in the event that such factor is not so agreed, increased or decreased in proportion to the difference between the retail prices index published for September of the financial year preceding that in respect of which the levy is issued and that index published for September 1992.
(4) References in paragraph 3(b) above to the retail prices index are references to the general index of retail prices (for all items) published by the Department of Employment or, if that index is not published for any month, to any substituted index or index figures published by that Department.
Apportionment of levies
7.—(1) Where, in the case of a local Act levying body, the relevant Act specifies a proportion in which the amounts of precepts, levies or expenses are to be borne by the councils concerned, the levying body shall secure that the amounts for which levies are issued by it under these Regulations are borne by the councils concerned in that proportion.
(2) Where in the case of a local Act levying body, the relevant Act specifies a limit on the amount of any such precepts, levies or expenses which may be apportioned to any council concerned, that limit shall apply to the amount of any levy issued by the levying body under these Regulations which may be apportioned to that council.
(3) Subject to paragraphs (1) and (2) above, each levying body shall secure that any amounts for which levies are issued by it under these Regulations are borne by the councils concerned (if more than one) in proportion.
(4) Proportions under paragraph (3) above shall be determined—
(a)
(a) in the case of a levy issued by a metropolitan passenger transport authority, in accordance with paragraphs (5) and (6) below, and
(b)
(b) in the case of any other levy issued under these Regulations, in accordance with paragraphs (7) to (11) below.
(5) In the case of a levy issued by a metropolitan county passenger transport authority, proportions under paragraph (3) above shall be determined by reference to the total resident population at the relevant date of the area of each council concerned as estimated by the Registrar General.
(6) For the purposes of paragraph (5) above the relevant date in relation to a levy for a financial year is 30th June in the financial year which commenced two years previously.
(7) Where the relevant Act provides for the amounts of precepts, levies or expenses to be borne by the councils concerned in such proportion as they may agree, the levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to that Act are borne by the councils concerned in that agreed proportion or, if no proportion is agreed, in the relevant proportion.
(8) Where the relevant Act provides for the amounts of precepts, levies or expenses to be borne by the councils concerned in a proportion calculated by reference to population, or the product of a rate, a rateable value or any other factor connected with rating, the levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to that Act are borne by the councils concerned in the relevant proportion.
(9) For the purposes of this regulation, the relevant proportion shall be determined by reference to the council tax base for the financial year in respect of which the levy is issued for the area of each council concerned or, as the case may be, the part of that area in respect of which the levy is issued.
(10) For the purposes of this regulation and regulation 8(2), the council tax base for an area or part of an area for a financial year is, subject to paragraph (11),—
(a)
(a) where the levy is issued in respect of the whole of a billing authority’s area, the amount calculated by that authority as its council tax base for the year in accordance with the rules for the time being effective (as regards that year) under regulations made under section 33(5) of the 1992 Act;
(b)
(b) where the levy is issued in respect of the...
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