Statutory Instrument 1997 No. 165

The Local Government Changes for England (Transport Levying Bodies) Regulations 1997

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© Crown Copyright 1997

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"the 1992 Regulations" means the Transport Levying Bodies Regulations 1992[2]; and

"acquiring authority", "abolished authority", "initial year", "preliminary period", "relinquishing authority", "the reorganisation date" and "successor authority" have the same meanings as in the Local Government Changes for England (Finance) Regulations 1994[3].

Levies: billing authorities and county councils
     3 . Subject to regulation 5, in the definition of "council concerned" in regulation 2 of the 1992 Regulations the reference to a council shall, during the preliminary period, include an authority which has the functions of a billing authority under Chapters I, III and IV of Part I of the Local Government Finance Act 1992[4] as regards the initial year by virtue of regulation 49(1) of the Local Government Changes for England (Finance) Regulations 1994.

Levies: successor and acquiring authorities
     4 .  - (1) Subject to paragraph (2) and to regulation 5, in the definition of "council concerned" in regulation 2 of the 1992 Regulations the reference to a council shall, during the preliminary period and on or after the reorganisation date - 

(a) where the council is an abolished authority, have effect as if it were a reference to the successor authority or, if more than one, to all such authorities; and

(b) where the council is a relinquishing authority, have effect as if it were a reference to that council and the acquiring authority or, if more than one, all such authorities.

    (2) Subject to regulation 5, in the definition of "council concerned" in regulation 2 of the 1992 Regulations where a levy or any portion of it relates only to part of a council's area (in this paragraph referred to as the "levied area"), the reference to a council shall, during the preliminary period and on or after the reorganisation date - 

(a) where the council is an abolished authority, have effect as if it were a reference to each successor authority in relation to all or part of the levied area; and

(b) where the council is a relinquishing authority, have effect as if it were a reference to that authority, where all or any part of the levied area remains within its area on or after the reorganisation date, and to each acquiring authority in relation to all or any part of the levied area.

Savings
     5 . In regulations 3 and 4 above,

(a) a reference to the preliminary period shall not include any time before the coming into force of these Regulations; and

(b) a reference to any time on or after the reorganisation date shall, in a case where that date is before the coming into force of these Regulations, be read as a reference to any time after the coming into force of these Regulations.

Signed by authority of the Secretary of State

John Watts,
Minister of State, Department of Transport

28th January 1997

[2] S.I. 1992/2789. back

[3] S.I. 1994/2825. back

[4] 1992 c.14. Chapters I, III and IV have been amended by sections 35, 36 and 37 of, and Schedule 12 to, the Local Government (Wales) Act 1994 (c.19). There are further amendments not relevant to these Regulations. back