The Transport Levying Bodies Regulations 1990

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 by reference to the relevant population of 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.

(5) For the purposes of this regulation, the relevant population for a financial year of the area of a council concerned is—

(a) for the whole of an English charging authority’s area, the relevant population of the area for the year calculated by the Secretary of State under paragraph 4 of Schedule 12A to the 1988 Act(1),

(b) for the whole of a Welsh charging authority’s area, the relevant population of the area for the year calculated in accordance with the rules for the time being effective (as regards the year) under regulations under paragraph 5(1) of Schedule 12A to the 1988 Act,

(c) for the whole of the area of a county or Greater London, the total of the relevant population for the year, calculated as above, of the charging authority areas falling within that county or Greater London as the case may be,

(d) for part of a charging authority’s area, the relevant population of that part for the year calculated in accordance with the rules for the time being effective (as regards that year) under regulations under paragraph 6(2) of Schedule 12A to the 1988 Act,

(e) for part of the area of a county or Greater London, the total of the relevant population for the year, calculated as above, of the charging authority areas and, where appropriate, the parts of charging authority areas, falling within that part of that county or Greater London as the case may be,

and regulations referred to in sub-paragraphs (b) and (d) above shall have effect for the purposes of this regulation as they have effect for the purposes of section 69 of the 1988 Act(2) as if they were set out in these Regulations, but with references to this regulation substituted for references to that section.

(1)

Schedule 12A was inserted by the Local Government and Housing Act 1989, Schedule 5, paragraph 74.

(2)

Section 69 was amended by the Local Government and Housing Act 1989, Schedule 5, paragraph 50.