Section 104CC Powers not limited by other provision or powersF1

(1)

This section applies to a power under this Part to make subordinate legislation (the “SI-making power”) and a combined authority if conditions A and B are met.

(2)

Condition A: the SI-making power confers power to make provision about a particular function or other matter (the “relevant function or matter”) in relation to the combined authority, and

(3)

Condition B: provision about the relevant function or matter which relates to the combined authority—

(a)

is made by an enactment (whenever passed or made) that is not subordinate legislation made under this Part (the “separate provision”), or

(b)

could be made under a power conferred by an enactment that is not contained in this Part (the “separate power”),

(whether or not that provision also relates to any other combined authority).

(4)

The separate provision or separate power does not limit the subordinate legislation that may be made under the SI-making power in relation to the combined authority.

(5)

In particular, the separate provision or separate power does not prevent subordinate legislation under the SI-making power from—

(a)

making provision about the relevant function or matter in relation to the combined authority which is to apply instead of the separate provision;

(b)

making modifications or other contrary provision to which the separate provision is to be subject in its application in relation to the combined authority.

(6)

Subsection (4) applies to provision made under the SI-making power before or after the coming into force of this section.