Section 104 Constitution and functions: transportI1

The Secretary of State may by order make in relation to a combined authority any provision that may be made in relation to an Integrated Transport Authority (an “ITA”) under the following provisions of the Local Transport Act 2008 (c. 26)—

Section F185(1) to (3) of that Act (provision about membership of an ITA) applies to—

as it applies to an order under section 84 of that Act and the ITA to whom that order applies.

But—

Section 85(1)(a) has effect as if it required an order which includes provision about the number and appointment of members of a combined authority to provide for the authority’s members, other than—

to be appointed by the authority’s constituent councils.

If the area of the combined authority includes the area of the whole of a county that comprises the areas of one or more district councils, the representative councils for the purposes of section 85(1)(c) of that Act (as applied to a combined authority) are either the county council or the council for each of the districts (as determined by or in accordance with the order).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

An order under subsection (1)(c) may include provision for a function exercisable by a local authority in relation to an area all or part of which is comprised in the combined authority's area to be exercisable by the combined authority in relation to the combined authority's area.

The following provisions of that Act apply in relation to a combined authority on whom functions of a kind described in section 88 of that Act are conferred as they apply in relation to an ITA on whom such functions are conferred—

In its application by virtue of this section, the Local Transport Act 2008 has effect with the modifications set out in subsections (3B) and (3C).

Section 88 (conferral of a power to direct) has effect as if—

The Act has effect as if the following were inserted after section 89—

“Highways and traffic functions: directions by mayors

89ZA

(1)

A mayoral combined authority may give a direction about the exercise of—

(a)

an eligible power, or

(b)

a street authority or permit authority power,

in respect of a particular key route network road or a description of roads which are all key route network roads.

(2)

The power under this section to give a direction is exercisable only by the mayor for the area of a combined authority on behalf of the combined authority.

(3)

A direction under this section must relate only to the exercise of a relevant power—

(a)

by a constituent council of the combined authority;

(b)

in—

(i)

the area of the combined authority, and

(ii)

the area of the constituent council.

(4)

Any direction given under this section—

(a)

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

(b)

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

(5)

Before giving a direction under this section, a mayor must have regard to the following—

(a)

the network management duty imposed by section 16 of the Traffic Management Act 2004;

(b)

the duty imposed by section 17 of that Act (duty to make arrangements for planning and carrying out action to be taken in performing the network management duty);

(c)

any guidance issued under section 18 of that Act;

(d)

any guidance issued under section 118 of the Local Democracy, Economic Development and Construction Act 2009.

(6)

On the day on which a mayor gives a direction under this section, the mayor must publish a copy of the direction in such manner as the mayor considers appropriate.

(7)

A mayor who gives a direction under this section must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction).

(8)

In a case where works are carried out in complying with the direction, the costs of the works are those incurred—

(a)

before or while carrying out the works, or

(b)

during the period that ends 12 months after completion of the works.

(9)

The following provisions of this Act apply in relation to a combined authority as they apply in relation to an ITA on whom functions of a kind described in section 88 are conferred—

(a)

section 88(10) (provisions about directions);

(b)

section 89(2) and (3) (power to remedy contravention of direction).

(10)

In this section—

• “eligible power” means a power of a county council or a unitary district council which the council has—

  1. (a)

     as highway authority by virtue of section 1 of the Highways Act 1980, or

  2. (b)

     as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984;

• “power”, in the definition of “eligible power” or street authority or permit authority power, does not include a duty;

• “relevant power” means—

  1. (a)

     an eligible power, or

  2. (b)

     a street authority or permit authority power;

• “street authority or permit authority power” means a power of a county council or a unitary district council which the council has—

  1. (a)

     as a street authority by virtue of section 49 of the New Roads and Street Works Act 1991, or

  2. (b)

     under section 33 or 33A of the Traffic Management Act 2004 or under a permit scheme prepared under section 33 of that Act.

Contraventions of section 89ZA

89ZB

(1)

If an authority (the “defaulting authority”) exercises any power in contravention of a direction under section 89ZA given by a combined authority (the “CA”), the CA may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power.

(2)

For the purposes of subsection (1), the CA has power to exercise any power of the defaulting authority on behalf of that authority.

(3)

Any reasonable expenses incurred by the CA in taking any steps under subsection (1) are recoverable from the defaulting authority as a civil debt.”

Section 97 of that Act (change of name of ITA) applies to a combined authority as it applies to an ITA.

The Secretary of State may by order transfer functions of an ITA to a combined authority.

An order under subsection (5) may only be made in relation to functions exercisable by the ITA in relation to an area that becomes, or becomes part of, the combined authority's area by virtue of an order under this Part.

The Secretary of State may by order provide for any function that is conferred or imposed on a Passenger Transport Executive by any enactment (whenever passed or made) to be exercisable by a combined authority or the executive body of a combined authority in relation to the combined authority's area.

An order under subsection (7) may make provision for any function that—

to be exercisable by a combined authority in relation to the combined authority's area.

Schedule 5A makes provision for combined authorities to have overview and scrutiny committees and audit committees; and provision made in an order under subsection (1) is subject to that Schedule.

F9F10Except as provided for by F11section 107ZA(7) subsections (10A), (11B) and (12), an order under this section may be made in relation to F12a combined authority an existing combined authority only with the consent of—

Subsection (10) does not apply where a proposal for the making of the order has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).

F15In F16this section “constituent council” means— In this Part “constituent council”, in relation to a combined authority, means—

F17F18If the only provision made under this section in an order under this Part is provision as a result of an order under section 106 (changes to boundaries of combined authority’s area

If the only provision made under this section in an order under this Part is provision as a result of an order to which section 107DA (procedure for direct conferral of general functions on mayor) applies—

Subsection (10) is subject to section 106A.