OpenLegislation

Article 13 Power to direct

Original text. Later amendments are not shown.

(1)

The Combined Authority may direct a constituent council about the exercise of an eligible power.

(2)

A direction under paragraph (1) must relate only to the exercise of an eligible power in respect of a key route network road in—

(a)

the Area;

(b)

the area of the constituent council subject to the direction.

(3)

A direction under paragraph (1) must relate only to any one or more of—

(a)

the provision of information about the exercise of an eligible power which the constituent council has or might reasonably be expected to acquire;

(b)

the imposition on a constituent council of requirements relating to procedures to be followed prior to the exercise of an eligible power;

(c)

the imposition on a constituent council of requirements relating to the obtaining of consent prior to the exercise of an eligible power;

(d)

the imposition on a constituent council of conditions subject to which an eligible power may be exercised (including conditions relating to the times at which, and the manner in which, an eligible power may be exercised);

(e)

a requirement to exercise an eligible power (including a requirement to exercise an eligible power subject to conditions);

(f)

a prohibition on the exercise of an eligible power.

(4)

A direction that relates to paragraph (3)(e) has no effect unless the Combined Authority meets the cost of complying with the direction.

(5)

Before giving a direction under paragraph (1) the Combined Authority must consult the constituent council that is to be the subject of the direction.

(6)

Any direction given by virtue of paragraph (1)—

(a)

must be given in writing and may be varied or revoked by a further direction in writing;

(b)

may make different provision for different cases and different provision for different areas.

(7)

The Combined Authority may not direct a constituent council to take any action which they would not otherwise be able to take in relation to the exercise of an eligible power.

(8)

In this article—

  • “eligible power” has the meaning given by section 88(2) of the Local Transport Act 2008 (conferral of a power to direct)f1;

  • “key route network road” has the meaning given by section 107ZA(9) of the 2009 Actf2.

Annotations

Footnotes

f1

2008 c. 26.

f2

Section 107ZA was inserted by section 63 of the 2023 Act.