The Combined Authorities (Finance) Order 2017

PART 2 Mayoral combined authorities: precepts

Costs of mayor to be met from precepts

3.—(1) The costs of a mayor(1) for the area of a combined authority that are incurred in, or in connection with, the exercise of mayoral functions are to be met from precepts issued by the authority under section 40 of the 1992 Act (issue of precepts by major precepting authorities)(2).

(2) Paragraph (1) has effect subject to—

(a) the transitional provisions in Part 5; and

(b) any contrary provision made in an order under Part 6 of the 2009 Act (economic prosperity boards and combined authorities).

Power to issue precept: supplementary provision in respect of PCC functions

4.—(1) This article applies where a mayor exercises PCC functions.

(2) The following provisions are modified in accordance with the Schedule to this Order—

(a) chapter 4 and 4ZA of Part 1 of the 1992 Act (precepts and referendums relating to council tax increases)(3);

(b) the Council Tax (Demand Notices) (England) Regulations 2011(4);

(c) the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012(5).

(3) Any monies paid to the mayor by a billing authority in respect of the PCC component of a precept(6) issued to the billing authority must be paid by the mayor into the police fund kept by the mayor by virtue of section 21 of the Police Reform and Social Responsibility Act 2011(7).

(4) In paragraph (3) “PCC component of a precept” means the amounts stated in a precept in respect of the mayor’s PCC functions in accordance with section 40 of the 1992 Act as modified by the Schedule to this Order.

(1)

See section 120 of the Local Democracy, Economic Development and Construction Act 2009 for meaning of “mayor” and “combined authority”.

(2)

Section 40 was amended by section 83 of the Greater London Authority Act 1999 ( c. 29); section 79 of, and paragraph 17 of Schedule 7 to, the Localism Act 2011 (c. 20); and by section 5 of the Cities and Local Government Act 2016.

(3)

Sections 42A and 42B and Part 4ZA were inserted by sections 72 and 75 of, and Schedule 5 to, the Localism Act 2011. Consequential amendments were made to sections 40, 47, 48 and 49 by Schedule 7 to the Localism Act 2011.

(4)

S.I. 2011/3038 amended by S.I. 2016/188 and 2017/13.

(5)

S.I. 2012/444 amended by S.I. 2013/409.

(6)

See section 40 of the Local Government Finance Act 1992 (c. 14) as modified by the Schedule to this Order for provisions on the PCC component of the precept.

(7)

2011 c. 13. For modification of section 21 in respect of the mayor for the area of the Greater Manchester Combined Authority see S.I. 2017/XXXX.