The Transport Levying Bodies (Amendment) Regulations 2018
In accordance with section 143(4B) of that Act, a draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament.
Citation and commencement1.
(1)
These Regulations may be cited as the Transport Levying Bodies (Amendment) Regulations 2018.
(2)
These Regulations come into force on 1st October 2018.
Preliminary2.
Interpretation3.
““combined authority” means a body which is specified in paragraph (aa), (ab), (ac), (ad), (ae), (af), (ag) or (ah) of regulation 3;”.
Application4.
“(ah)
the Cambridgeshire and Peterborough Combined Authority established by the Cambridgeshire and Peterborough Combined Authority Order 20173,”.
Apportionment of levies5.
(1)
In regulation 7(4)—
(a)
in sub-paragraph (ac) after “in accordance with regulation 7C,” omit “and”; and
(b)
“(ad)
in the case of the levies to be issued by the Cambridgeshire and Peterborough Combined Authority, in accordance with regulation 7D, and”.
(2)
“Calculation and apportionment of levies issued by the Cambridgeshire and Peterborough Combined Authority7D.
(1)
The amounts of the levies to be issued by the Cambridgeshire and Peterborough Combined Authority (“the Authority”) to Cambridgeshire County Council and Peterborough City Council (“the upper-tier authorities”) for the financial year 2018 to 2019, or any subsequent financial year, shall be determined in accordance with the following provisions of this regulation.
(2)
The Authority shall apportion its estimated relevant expenditure for the financial year in question in such proportion as the upper-tier authorities agree.
(3)
In default of such agreement, the Authority shall apportion its estimated relevant expenditure for the financial year in question in the same proportion to the amount that each of the upper-tier authorities has spent on the transport functions mentioned in article 8 of the Cambridgeshire and Peterborough Combined Authority Order 2017 (“the 2017 Order”) in the financial year ending on 31st March 2018.
(4)
Where, as respects any financial year, the Authority estimates that the apportionment of its actual expenditure will differ from that estimated under paragraph (2) or (3), the Authority shall make appropriate adjustments to its estimates under paragraph (2) or (3) for the ensuing financial year.
(5)
Those adjustments shall be made with a view to ensuring that, so far as practicable and taking one year with another, the proportions in which relevant expenditure is met by the levies payable by the upper-tier authorities under article 6(1) of the 2017 Order, so far as these relate to transport functions listed within article 8 of that Order, reflect the actual expenditure of the Authority.”.
Signed by authority of the Secretary of State for Transport
These Regulations further amend the Transport Levying Bodies Regulations 1992 (“the 1992 Regulations”) in consequence of the establishment of the Cambridgeshire and Peterborough Combined Authority under Part 6 of the Local Democracy, Economic Development and Construction Act 2009.
Regulation 4 amends regulation 3 of the 1992 Regulations so as to include, in the list of authorities to which those Regulations apply, the Cambridgeshire and Peterborough Combined Authority. Regulation 5 inserts new regulation 7D into the 1992 Regulations to make special provision for levies issued by the Cambridgeshire and Peterborough Combined Authority and also makes consequential amendments to regulation 7 of the 1992 Regulations.
No impact assessment has been prepared as this instrument will have no impact on the costs of business and the voluntary sector. The Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk