OpenLegislation

Section 113 Role of councils in relation to policies etc of ITAs, combined authorities & CCAsF1

England and Wales

(1)

A metropolitan district council that is within the area of an Integrated Transport Authority (the “ITA”)—

(a)

must carry out its functions so as to implement the policies developed by the ITA in accordance with section 108(1)(b);

(b)

must, in carrying out its functions in accordance with paragraph (a)—

(i)

comply with the duties set out in section 108(2ZB), and

(ii)

have regard to the proposals contained in the applicable local transport plan;

(c)

must—

(i)

cause a copy of the applicable local transport plan to be made available for inspection (at all reasonable hours) at such places as it thinks fit,

(ii)

give notice, by such means as it thinks expedient for bringing the applicable local transport plan to the attention of the public, as to the places at which a copy of it may be inspected, and

(iii)

supply a copy of the applicable local transport plan (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

(2)

A constituent council of a combined authority or a combined county authority—

(a)

must carry out its functions so as to implement the policies developed by the combined authority or combined county authority in accordance with section 108(1)(b);

(b)

must, in carrying out its functions in accordance with paragraph (a)—

(i)

comply with the duties set out in section 108(2ZB), and

(ii)

have regard to the proposals contained in the applicable local transport plan;

(c)

must—

(i)

cause a copy of the applicable local transport plan to be made available for inspection (at all reasonable hours) at such places as it thinks fit,

(ii)

give notice, by such means as it thinks expedient for bringing the applicable local transport plan to the attention of the public, as to the places at which a copy of it may be inspected, and

(iii)

supply a copy of the applicable local transport plan (or any part of it) to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy.

(3)

In this section—

  • “applicable local transport plan”—

    1. (a)

      in relation to a metropolitan district council that is within the area of an Integrated Transport Authority, means the local transport plan of the ITA;

    2. (b)

      in relation to a constituent council of a combined authority or combined county authority, means the local transport plan of that authority;

  • “constituent council”—

    1. (a)

      in relation to a combined authority, means—

      1. (i)

        a county council the whole or any part of whose area is within the area of the authority, or

      2. (ii)

        a district council whose area is within the area of the authority;

    2. (b)

      in relation to a combined county authority, means—

      1. (i)

        a county council for an area within the area of the authority, or

      2. (ii)

        a unitary district council for an area within the area of the authority;

      and here “unitary district council” means a district council whose area does not form part of the area of a county council.

(4)

In any enactment, a reference—

(a)

to section 108(1)(b) includes subsection (2)(a) of this section;

(b)

to section 108(2ZA) includes subsection (2)(b)(i) of this section;

(c)

to section 108(3B) includes subsection (2)(b)(ii) of this section;

(d)

to section 109(4) includes subsection (2)(c) of this section.

Annotations

Textual amendments

F1

S. 113 substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 30, 108(1)(3) (with s. 102)

Notes on Part II

Modifications

C1

Pt. 2: power to amend conferred (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), ss. 8(1), 9(1)(2), 10(1)(2), 15(1); S.I. 2007/2799, arts. 2, 3 (with art. 4)

C2

Pt. 2: transfer of functions (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 8(1)(b) (with arts. 8(4), 12)

C3

Pt. 2: transfer of functions (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 8, 9 (with art. 11)

C4

Pt. 2: delegation of functions (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 6(b)

C5

Pt. 2: functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8

C6

Pt. 2: functions made exercisable (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 8(1)

C7

Pt. 2: functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 8(b)

C8

Pt. 2: functions made exercisable (8.5.2017) by The Tees Valley Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/431), arts. 1(2), 4(1)(2)

C9

Pt. 2: transfer of functions (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 7 (with art. 28)

C10

Pt. 2: functions made exercisable (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 9 (with art. 28)

C11

Pt. 2 applied (with modifications) (W.) (28.2.2022) by The South East Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/343), regs. 1(3)(b), 12(2)

C12

Pt. 2 applied (with modifications) (30.6.2022) by The North Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/339), regs. 1(3)(b), 12(2)

C13

Pt. 2 applied (with modifications) (30.6.2022) by The Mid Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/342), regs. 1(3)(b), 12(2)

C14

Pt. 2 applied (with modifications) (W.) (30.6.2022) by The South West Wales Corporate Joint Committee Regulations 2021 (S.I. 2021/352), regs. 1(3)(b), 12(2)

C15

Pt. 2: functions made exercisable (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 13(1)(2)

C16

Pt. 2: functions made exercisable (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 15(1)

C17

Pt. 2: functions made exercisable concurrently (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 19(c) (with art. 9)

C18

Pt. 2: transfer of functions (with modifications) (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 10

C19

Pt. 2: functions made exercisable (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 14

C20

Pt. 2: functions made exercisable (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 7

C21

Pt. 2: functions made exercisable (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 10