Amendments to the Transport Levying Bodies Regulations 1992
2.—(1) The Transport Levying Bodies Regulations 1992(1) are amended as follows.
(2) In regulation 2 (interpretation)—
(a)omit the definitions of “the 2014 Order” and “the 2018 Order”;
(b)in the definition of “combined authority”—
(i)omit “(ae),”; and
(ii)for “(ai)” substitute “(aj)”.
(3) In regulation 3 (application)—
(a)omit paragraphs (ae) and (ai);
(b)after paragraph (ai) insert—
“(aj)the North East Mayoral Combined Authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;”.
(4) In regulation 7 (apportionment of levies), in paragraph (4)—
(a)omit sub-paragraphs (ab) and (ae);
(b)after sub-paragraph (ae) insert—
“(af)in the case of the levies to be issued pursuant to article 26 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024, in accordance with regulation 7B;”.
(5) For regulation 7B (calculation and apportionment of levies issued by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority) substitute—
“Calculation and apportionment of levies issued by the North East Mayoral Combined Authority
7B.—(1) The amounts of the levies to be issued by the North East Mayoral Combined Authority (“the Authority”) under article 26(2) of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (“the 2024 Order”) to their constituent councils for the financial year 2025 to 2026, or any subsequent financial year, are to be determined by the Authority in accordance with the following provisions of this regulation.
(2) The Authority must apportion the estimated relevant expenditure of the Authority for the financial year in question between—
(a)expenditure which the Authority estimates will be attributable to the exercise of the Authority’s functions in relation to the county of Tyne and Wear (“the Tyne and Wear component”);
(b)expenditure which the Authority estimates will be attributable to the exercise of the Authority’s functions in relation to the county of Durham (“the Durham component”); and
(c)expenditure which the Authority estimates will be attributable to the exercise of the Authority’s functions in relation to the county of Northumberland (“the Northumberland component”).
(3) The Tyne and Wear component must be met by means of the levy issued to the councils for the local government areas of Gateshead, Newcastle Upon Tyne, North Tyneside, South Tyneside and Sunderland under article 26(2)(a) of the 2024 Order.
(4) The Durham component must be met by means of the levy issued to Durham County Council under article 26(2)(b) of the 2024 Order.
(5) The Northumberland component must be met by means of the levy issued to Northumberland County Council under article 26(2)(c) of the 2024 Order.
(6) Where, in respect of any financial year, the Authority estimates that the apportionment of its actual expenditure between the Tyne and Wear component, Durham component and Northumberland component will differ from that estimated under paragraph (2), the Authority must make appropriate adjustments to its estimates under paragraph (2) for the following financial year.
(7) Those adjustments must 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 referred to in paragraph (3) to (5) reflect the actual expenditure of the Authority on the Tyne and Wear component, Durham component and Northumberland component.
(8) The proportions in which the levy issued to the councils under paragraph (3) is to be shared among those councils are to be determined in the same way as proportions determined under regulation 7(3) in the case of a levy issued by an integrated transport authority.”.
S.I. 1992/2789; relevant amendments are S.I. 2012/213, 2914, 2015/27, 2017/603, 2018/641 and 2018/1133.