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The Combined Authorities (Borrowing) Regulations 2022

S.I. 2022/358 · Made 22 March 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Local Government, England

Made 22nd March 2022

Coming into force 23rd March 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 23(5) and 123(1) of the Local Government Act 2003f1 (“the 2003 Act”).

In accordance with section 23(6) of the 2003 Act the combined authorities mentioned in regulation 1(3) and the councils whose local government areas are comprised in the areas of those combined authorities have consented to the specification of the functions in regulation 2 for the purposes of Part 1 of the 2003 Act.

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 23(10) of the 2003 Act.

Annotations to the whole text

Footnotes

f1

2003 c. 26. Subsection (5) was inserted by the Local Democracy, Economic Development and Construction Act 2009 (c. 20) (“the 2009 Act”), section 119 and paragraph 117 of Schedule 6; subsection (5) was amended and subsections (6) to (10) were inserted by the Cities and Local Government Devolution Act 2016 (c. 1), section 9.

Contents

  1. 1Citation, commencement, extent and application
  2. 2Borrowing
  3. Signature
  4. Explanatory note

1Citation, commencement, extent and application

(1)

These Regulations may be cited as the Combined Authorities (Borrowing) Regulations 2022.

(2)

These Regulations come into force on the day after the day on which they are made.

(3)

These Regulations extend to England and Wales and apply to the following authorities—

(a)

the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, known as the North of Tyne Combined Authorityf1;

(b)

the South Yorkshire Mayoral Combined Authorityf2;

(c)

the West Yorkshire Combined Authorityf3f4.

2Borrowing

All functions of a combined authority other than its transport functionsf1 are specified for the purposes of section 23(5) of the Local Government Act 2003 (power to borrow money for a purpose relevant to a function specified in regulations).

Signature

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Neil O’Brien

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

22nd March 2022

Explanatory note

(This note is not part of the Regulations)

Section 1 of the Local Government Act 2003, read with section 23(5) of that Act, gives mayoral combined authorities the power to borrow money for a purpose relevant to its transport functions. Regulation 2 of these Regulations provides certain such authorities with the power to borrow money for any of their other functions not just transport.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.