OpenLegislation

The East Midlands Combined County Authority Regulations 2024

S.I. 2024/232 · Made 27 February 2024 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 22 July 2026.

Health, England

Local Government, England

Transport, England

Made 27th February 2024

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 9(1), 10, 13(1), 16(1), 18(1) and (3), 19(1), (2), (3) and (7), 27, 30(1), (7), (9) and (10), 32(1) to (4), 53(1), 54, 252(1) and (2) of and paragraph 3 of Schedule 2 to the Levelling-up and Regeneration Act 2023f1 (“the 2023 Act”).

The Secretary of State, having had regard to a proposal prepared and published under section 45 of the 2023 Act, considers that—

(a)

the making of these Regulations is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area to which the Regulations relate,

(b)

the making of these Regulations will achieve the purposes specified under section 45(7) of the 2023 Act, and

(c)

any consultation required by section 45(4) of the 2023 Act has been carried out.

In making these Regulations, the Secretary of State has had regard to the need to secure effective and convenient local government and to the need to reflect the identities and interests of local communitiesf2.

In accordance with sections 10(8), 16(2)(a), 18(6)(a), 20(2)(b) and 46(1)(d) of the 2023 Act, the councils of the local government areas of Derby City, Derbyshire, Nottingham and Nottinghamshire have consented to the making of these Regulations.

In accordance with section 20(6) of the 2023 Act, the Secretary of State has laid before Parliament a report explaining the effect of these Regulations and why the Secretary of State considers it appropriate to make these Regulations.

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 252(4) of the 2023 Act.

Accordingly, the Secretary of State makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2023 c. 55.

f2

Section 46(1)(b) of the 2023 Act requires the Secretary of State, when making regulations to establish a combined county authority, to have regard to these matters.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Establishment of a combined county authority for East Midlands
  5. 3Establishment
  6. 4Constitution
  7. Part 3: Election of Mayor
  8. 5Election of Mayor
  9. 6Political adviser
  10. Part 4: Housing, regeneration and planning Repealed
  11. 7Conferral of functions corresponding to functions that the HCA has in relation to the Area Repealed
  12. 8Acquisition and appropriation of land for planning and public purposes Repealed
  13. 9Condition on the exercise of the functions conferred by regulations 7 and 8 Repealed
  14. 10Application of certain provisions of the 1985 Act, the 1990 Act and the 2008 Act Repealed
  15. Part 5: Mayoral development corporation Repealed
  16. 11Mayoral development corporation Repealed
  17. 12Application of provisions in the 2011 Act Repealed
  18. 13Mayoral development corporation: incidental provisions Repealed
  19. Part 6: Transport
  20. 14Local transport functions under the Transport Act 1985
  21. 15Local transport functions under the Transport Act 2000
  22. 16Agreements between authorities and strategic highways companies Repealed
  23. 17Civil enforcement of road traffic contraventions Repealed
  24. 18Workplace parking levy
  25. 19Grants to bus service operators
  26. 20Permit schemes
  27. 21Power to pay grant Repealed
  28. Part 7: Health functions
  29. 22Public health functions
  30. 23Duty to have regard to documents and guidance
  31. 24Application of section 75 of the 2006 Act
  32. 25Duty to have regard to NHS Constitution
  33. Part 8: Mayoral functions
  34. 26Functions exercisable only by the Mayor
  35. 27Joint committees Repealed
  36. Part 9: Funding
  37. 28Funding
  38. 29Conferral of Business Rate Supplements functions
  39. 30Application of BRS Act in consequence of regulation 30
  40. Part 10: Additional functions
  41. 31Assessment of economic conditions Repealed
  42. 32Data sharing Repealed
  43. 33Incidental provisions
  44. 34Regulation 34 Repealed
  45. 35Regulation 35 Repealed
  46. 36Regulation 36
  47. Signature
  48. Schedule 1: Constitution
  49. 1Membership
  50. 2Non-constituent and associate members
  51. 3Proceedings
  52. 4Records
  53. 5Standing orders
  54. 6Remuneration
  55. 7Paragraph 7
  56. 8Paragraph 8
  57. 8AParagraph 8A
  58. 8BParagraph 8B
  59. 9Paragraph 9
  60. Schedule 2 Repealed
  61. Part 1: Modification of the application of Chapter 2 of Part 1 of the 2008 Act Repealed
  62. 1Paragraph 1 Repealed
  63. Part 2: Modification of the application of Schedules 2 to 4 to the 2008 Act Repealed
  64. 2Paragraph 2 Repealed
  65. Schedule 3: Modification of the application of Part 8 of the 2011 Act Repealed
  66. 1Paragraph 1 Repealed
  67. Schedule 4: Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004
  68. 1Paragraph 1
  69. Explanatory note

1Citation and commencementI1

(1)

These Regulations may be cited as the East Midlands Combined County Authority Regulations 2024.

(2)

Save as provided in paragraph (3) these Regulations come into force on the day after the day on which they are made.

(3)

Part 8 of these Regulations comes into force on 7th May 2024.

2InterpretationI1

In these Regulations—

  • “the 1980 Act” means the Highways Act 1980f1;

  • F1...

  • “the 1989 Act” means the Local Government and Housing Act 1989f2;

  • F2...

  • F3...

  • “the 2000 Act” means the Transport Act 2000f3;

  • F4...

  • “the 2004 Act” means the Traffic Management Act 2004f4;

  • “the 2006 Act” means the National Health Service Act 2006f5;

  • F5...

  • F6...

  • “the 2023 Act” means the Levelling-up and Regeneration Act 2023f6;

  • “the Area” means the area consisting of the areas of the constituent councils;

  • “the BRS Act” means the Business Rate Supplements Act 2009f7;

  • “the Combined County Authority” means the East Midlands Combined County Authority as constituted by regulation 3;

  • F7...

  • “constituent councils” means the councils for the local government areas of Derby City, Derbyshire, Nottingham and Nottinghamshire;

  • “district councils” means the councils for the local government areas of Amber Valley, Ashfield, Bassetlaw, Bolsover, Broxtowe, Chesterfield, Derbyshire Dales, Erewash, Gedling, High Peak, Mansfield, Newark and Sherwood, North East Derbyshire, Rushcliffe and South Derbyshire;

  • “election for the return of the mayor” means an election held pursuant to regulation 5 of these Regulations;

  • F8... “local highway authority” F9has the same meaning as in F10section 329(1) of the 1980 Actf8;

  • “the ordinary day of election”, in relation to any year means the day which is the ordinary day of election in that year of councillors for counties in England and districts as determined in accordance with section 37 of the Representation of the People Act 1983f9;

  • “Mayor” means the mayor for the Area, except in the term “Mayor of London”; and

  • F11...

3EstablishmentI1

(1)

There is established a combined county authority for the Area.

(2)

The combined county authority is to be a body corporate and is to be known as the East Midlands Combined County Authority.

(3)

The functions of the Combined County Authority are those functions conferred or imposed upon it by these Regulations or by any other enactment (whenever passed or made), or as may be delegated to it by or under these Regulations or any other enactment (whenever passed or made).

4ConstitutionI1

Schedule 1 (which makes provision about the constitution of the Combined County Authority) has effect.

5Election of MayorI1

(1)

There is to be a mayor for the Area.

(2)

The first election for the return of a mayor for the Area is to take place on 2nd May 2024.

(3)

Subsequent elections for the return of a mayor for the Area are to take place—

(a)

on the ordinary day of election in 2028, and

(b)

in every fourth year thereafter on the same day as the ordinary day of election.

(4)

The term of office of the mayor returned at an election in 2024 for the return of a mayor for the Area—

(a)

begins with 7th May 2024, and

(b)

ends with the third day after the day of the poll at the next election for the return of a mayor for the Area.

(5)

The term of office of the Mayor returned in each subsequent fourth year—

(a)

begins with the fourth day after the day of the poll at the election for the return of the Mayor for the Area; and

(b)

ends with the third day after the day of the poll at the next election for the return of the Mayor for the Area.

6Political adviserI1

(1)

The Mayor may appoint one person as the Mayor’s political adviser.

(2)

Any appointment under paragraph (1) is an appointment as an employee of the Combined County Authority.

(3)

No appointment under paragraph (1) may extend beyond—

(a)

the term of office for which the Mayor who made the appointment was elected; or

(b)

where the Mayor who made the appointment ceases to be the Mayor before the end of the term of office for which the Mayor was elected, the date on which the Mayor ceases to hold that office.

(4)

A person appointed under paragraph (1) is to be regarded for the purposes of Part 1 of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under a local authority.

(5)

Section 9(1), (8), (9) and (11) of the 1989 Act (assistants for political groups)f1, apply in relation to an appointment under paragraph (1) as if—

(a)

any appointment to that post were the appointment of a person in pursuance of that section; and

(b)

the Combined County Authority were a relevant authority for the purposes of that section.

(6)

Subsection (3) of section 9 of the 1989 Act applies in relation to an appointment under paragraph (1) as if the words from “and that the appointment terminates” to the end of that subsection were omitted.

7Conferral of functions corresponding to functions that the HCA has in relation to the AreaF1

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

8Acquisition and appropriation of land for planning and public purposesF1

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

9Condition on the exercise of the functions conferred by regulations 7 and 8F1

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

10Application of certain provisions of the 1985 Act, the 1990 Act and the 2008 ActF1

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

11Mayoral development corporationF1

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

12Application of provisions in the 2011 ActF1

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

13Mayoral development corporation: incidental provisionsF1

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

14Local transport functions under the Transport Act 1985I1

F1(1)

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

(2)

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

(3)

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

(4)

F2... the functions specified in—

(a)

sections 63 and 64;

(b)

sections 65 to 71;

(c)

sections 72 to 76;

(d)

sections 78 and 79;

(e)

sections 88 to 92;

(f)

sections 93 to 101;

(g)

sections 103 to 105; and

(h)

sections 106 and 106Af1,

of the Transport Act 1985 are exercisable by the Combined County Authority concurrently with the constituent councils.

F3(5)

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

15Local transport functions under the Transport Act 2000I1

F1(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

The functions specified in—

(a)

sections 134C to 138f1;

(b)

section 145Af2;

(c)

section 146; and

(d)

sections 148 to 150,

of the 2000 Act, are exercisable by the Combined County Authority concurrently with the constituent councils.

16Agreements between authorities and strategic highways companiesF1I1

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

17Civil enforcement of road traffic contraventionsF1I1

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

18Workplace parking levyI1

(1)

The functions of the constituent councils as licensing authorities specified in the following enactments are exercisable by the Combined County Authority in relation to the Area—

(a)

Chapters 2 and 3 of Part 3 of the 2000 Act (workplace parking levy);

(b)

the Workplace Parking Levy (England) Regulations 2009f1.

(2)

The functions mentioned in paragraph (1) are exercisable by the Combined County Authority concurrently with the constituent councils.

(3)

Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the function is to be exercised.

(4)

In paragraph (1), “licensing authority” has the meaning given by section 178(6)(a) of the 2000 Act (preliminary).

19Grants to bus service operatorsI1

(1)

Subject to paragraphs (2) to (4), the function of the Secretary of State set out in section 154(1) of the 2000 Act (grants to bus service operators) is exercisable by the Combined County Authority in relation to the Area.

(2)

For the purpose of paragraph (1), section 154 of the 2000 Act has effect as if—

(a)

in subsection (1), “with the approval of the Treasury (as respects England)” were omitted; and

(b)

in subsection (3), for “with the approval of the Treasury (as respects England)” there were substituted “and notified to the Combined County Authority”.

(3)

Grants made under paragraph (1) must be calculated in accordance with such method as may be provided by any regulations made by the Secretary of State by virtue of section 154(2) of the 2000 Act.

(4)

Grants must not be made under paragraph (1) to the extent that eligible bus services operate outside the Area.

(5)

The function mentioned in paragraph (1) is exercisable concurrently with the Secretary of State in relation to the Area.

(6)

In paragraph (4), “eligible bus services” has the meaning given by section 154(5) of the 2000 Act.

20Permit schemesI1

(1)

The functions of the constituent councils as local highway authorities specified in the following provisions of the 2004 Act are exercisable by the Combined County Authority in relation to the Area—

(a)

section 33 (preparation of permit schemes)f1;

(b)

section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)f2;

(c)

section 36 (variation and revocation of permit schemes)f3.

(2)

The functions of the constituent councils as Permit Authorities specified in the 2007 Regulations are exercisable by the Combined County Authority in relation to the Area.

(3)

The functions mentioned in paragraphs (1) and (2) are exercisable by the Combined County Authority concurrently with the constituent councils.

(4)

Part 3 of the 2004 Act (permit schemes) applies in relation to the preparation, implementation, variation and revocation of permit schemes by the Combined County Authority as it applies in relation to the preparation, implementation, variation and revocation of permit schemes by a constituent council as a local highway authority, subject to the modifications in Schedule 4 to these Regulations.

(5)

References in the 2007 Regulations to a Permit Authority are to be read as including references to the Combined County Authority.

(6)

Any exercise of the functions conferred by paragraphs (1) and (2) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.

(7)

In this regulation—

(a)

“the 2007 Regulations” means the Traffic Management Permit Scheme (England) Regulations 2007f4;

(b)

“Permit Authority” has the same meaning as in regulation 2(1) of the 2007 Regulations; and

(c)

“permit scheme” is to be construed in accordance with section 32 of the 2004 Act (meaning of “permit scheme”).

21Power to pay grantF1I1

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

22Public health functionsI1

(1)

Section 2B(1) of the 2006 Act (functions of local authorities and Secretary of State as to improvement of public health)f1 applies to the Combined County Authority as it applies to the constituent councils.

(2)

The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.

23Duty to have regard to documents and guidanceI1

Subsection (1) of section 73B of the 2006 Act (exercise of public health functions of local authorities: further provision)f1 applies to the Combined County Authority as it applies to the constituent councils in the exercise of the functions mentioned in subsection (2) of that section.

24Application of section 75 of the 2006 ActI1

(1)

Save as provided by section 75(7G) to (7J)f1, section 75 of the 2006 Act (arrangements between NHS bodies and local authorities), and regulations made under that section before the coming into force of these Regulations, apply to the Combined County Authority in the exercise of its public health functions as those provisions apply to the constituent councils.

(2)

But where the Combined County Authority enters into prescribed arrangements by virtue of section 75(7I) and (7J) of the 2006 Act, and is thus treated as an NHS body in relation to those prescribed arrangements, it may not enter into those same prescribed arrangements in relation to the exercise of its public health functions, unless, and to the extent that, it is permitted to do so by regulations made under section 75(1) of the 2006 Act.

(3)

In this regulation—

(a)

“NHS body” is to be construed in accordance with sections 75(8) and 275 of the 2006 Act f2;

(b)

“prescribed arrangements” is to be construed in accordance with section 75 of the 2006 Act;

(c)

“public health functions” means functions exercisable by virtue of regulation 22 of these Regulations.

25Duty to have regard to NHS ConstitutionI1

(1)

Section 2(1) of the Health Act 2009 (duty to have regard to NHS Constitution)f1 applies to the Combined County Authority in the exercise of any health service function as it applies to the constituent councils in the exercise of any health service function.

(2)

In paragraph (1), “health service function” has the meaning given by section 2(3) of the Health Act 2009f2.

26Functions exercisable only by the MayorI1

(1)

The functions of the Combined County Authority set out in the following enactments are general functions exercisable only by the Mayor—

F1(a)

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

(b)

F2section 154(1) (grants to bus service operators) of the 2000 Actf1;

F3(c)

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

F4(d)

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

(e)

in relation to the functions conferred by regulation 29 (conferral of Business Rate Supplements functions), the BRS Act;

F5(f)

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

F6(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(9A)

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

(10)

For the purposes of the exercise of F7any mayoral function the Mayor may do anything that the Combined County Authority may do under section 49 of the 2023 Act (general power of CCA).

(11)

The Mayor must not make arrangements under section 30(3)(b) of the 2023 Act (functions of mayors: general) for a political adviser appointed under regulation 6 to exercise the functions specified in paragraph (1).

27Joint committeesF1I1

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

28FundingI1

(1)

Subject to F1paragraph (2), the constituent councils must ensure that the costs of the Combined County Authority reasonably attributable to the exercise of its functions are met.

(2)

Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of F2any mayoral function, to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined County Authority.

(3)

Any amount payable by each of the constituent councils in accordance with paragraphs (1) and (2) is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in equal proportions.

(4)

In relation to the expenditure mentioned in paragraph (2)—

(a)

to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (3)—

(i)

the Mayor must agree with the Combined County Authority the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure, and

(ii)

in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred;

(b)

any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992f1 is to be disregarded from any calculation of the costs of the expenditure.

F3(5)

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

29Conferral of Business Rate Supplements functionsI1

The Combined County Authority has, in relation to the Area, functions corresponding to the functions conferred on the Greater London Authority in relation to Greater London by the BRS Act, except for the functions conferred by section 3(5) (use of money raised by a BRS) of that Act.

30Application of BRS Act in consequence of regulation 30I1

For the purposes of regulation 29, the BRS Act applies to the Combined County Authority as if —

(a)

references to the Greater London Authority in section 2(1) (levying authorities) and in section 5(2) (prospectus) of the BRS Act included references to the Combined County Authority;

(b)

references in that Act to a lower-tier authority were, in relation to the Combined County Authority, references to a district council.

31Assessment of economic conditionsF1

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

32Data sharingF1

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

33Incidental provisionsI1

The following provisions of the Local Government Act 1972 have effect in relation to the Combined County Authority as if it were a local authority—

(a)

section 113 (power to place staff at the disposal of other local authorities)f1;

F1(b)

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

(c)

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

(d)

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

(e)

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

34F1

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

35F1

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

36I1

In Part 2 of Schedule 3 (pension funds) to the Local Government Pension Scheme Regulations 2013f1 in the table insert at the end—

“

An employee of the East Midlands Combined County Authority established by the East Midlands Combined County Authority Regulations 2024Nottinghamshire County Council

”.

Signature

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

Jacob Young

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

27th February 2024

1MembershipI1

(1)

Subject to sub-paragraph (4), the Combined County Authority is to have eight members in addition to the Mayor as provided for in the following sub-paragraphs.

(2)

Each of the constituent councils must appoint two of its elected members to act as members of the Combined County Authority.

(3)

Each constituent council must designate one of the members appointed under sub-paragraph (2) to act as lead member.

(4)

Each constituent council must appoint another two of its elected members to act as a member of the Combined County Authority in the absence of either of the members appointed under sub-paragraph (2) (“the substitute member”).

(5)

A person ceases to be a member or substitute member of the Combined County Authority if they cease to be a member of the constituent council that appointed them.

(6)

A person may resign as a member or substitute member of the Combined County Authority by written notice served on the proper officer of the constituent council that appointed them, and the resignation takes effect on receipt of the notice by the proper officer of the council.

(7)

Where a member or substitute member of the Combined County Authority’s appointment ceases by virtue of sub-paragraph (5) or (6) the constituent council that made the appointment must, as soon as practicable, give written notice of that fact to the Combined County Authority and appoint another of its elected members in that person’s place.

(8)

A constituent council may at any time terminate the appointment of a member or substitute member appointed by it to the Combined County Authority and appoint another one of its elected members in that person’s place.

(9)

Where a constituent council exercises its power under sub-paragraph (8), it must give written notice of the new appointment and the termination of the previous appointment to the Combined County Authority and the new appointment takes effect and the previous appointment terminates at the end of one week from the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.

(10)

For the purposes of this paragraph, an elected mayor of a constituent council is to be treated as a member of the constituent council.

2Non-constituent and associate membersI1

(1)

The Combined County Authority must have no more than eight non-constituent members and associate members.

(2)

Each nominating body of the Combined County Authority must nominate another person to act as the member of the Combined County Authority in the absence of the member appointed under section 11(3) of the 2023 Act (non-constituent members of a CCA).

(3)

An associate member appointed under section 12(1) of the 2023 Act (associate members of a CCA) must nominate another person to act as a member of the Combined County Authority in their absence.

3ProceedingsI1

F1(1)

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

(2)

No business may be transacted at a meeting of the Combined County Authority unless the following persons are present—

(a)

the Mayor or the deputy mayor acting in place of the Mayor, and

(b)

at least three members of the Combined County Authority appointed by constituent councils under paragraph 1(2), or substitute members acting in their place.

(3)

Where the deputy mayor is acting in the place of the Mayor they cannot also act in their capacity as a member of the Combined County Authority.

F2(4)

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

(5)

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

(6)

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(6A)

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(7)

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

(8)

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

4RecordsI1

(1)

The Combined County Authority must make arrangements for the names of members and substitute members present at any meeting to be recorded.

(2)

Minutes of the proceedings of a meeting of the Combined County Authority, or any committee or sub-committee of the Combined County Authority, are to be kept in such form as the Combined County Authority may determine.

(3)

Any such minutes are to be signed at the same or next suitable meeting of the Combined County Authority, committee or sub-committee as the case may be, by the person presiding at that meeting.

(4)

Any minute purporting to be signed as mentioned in sub-paragraph (3) is to be received in evidence without further proof.

(5)

Until the contrary is proved, a meeting of the Combined County Authority, committee or sub-committee, a minute of whose proceedings has been signed in accordance with this paragraph, is deemed to have been duly convened and held, and all the members and substitute members present at the meeting are deemed to have been duly qualified.

(6)

For the purposes of sub-paragraph (3) the next suitable meeting is the next following meeting or, where standing orders made by the Combined County Authority provide for another meeting of the authority, committee or sub-committee to be regarded as suitable, either the next following meeting or that other meeting.

5Standing ordersI1

The Combined County Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.

6RemunerationF1

Subject to paragraphs 7, 8, 8A and 9 no remuneration is to be payable by the Combined County Authority to its members, other than—

(a)

allowances for travel and subsistence paid in accordance with a scheme drawn up by the Combined County Authority;

(b)

allowances payable in accordance with a scheme made under section 52A of the 2023 Act.

7I1

(1)

The Combined County Authority may establish an independent remuneration panel to recommend a scheme to the Combined County Authority regarding the allowances payable to—

(a)

the Mayor;

(b)

the deputy mayor provided that the deputy mayor is not a leader or elected mayor of a constituent council;

(c)

independent persons appointed under article 5 of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017; and

(d)

members of the overview and scrutiny committee and members of the audit committee.

(2)

An independent remuneration panel must consist of at least three members none of whom—

(a)

is also a member of the Combined County Authority or is a member of a committee or sub-committee of the Combined County Authority or a member of a constituent council of the Combined County Authority or a member of a district council; or

(b)

is disqualified from being or becoming a member of the Combined County Authority.

(3)

The Combined County Authority may pay the expenses incurred by the independent remuneration panel established under paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the Combined County Authority may determine.

8I1

The Combined County Authority may only pay an allowance to the people listed in paragraph 7(1)(a) to (d) if the Combined County Authority has —

(a)

considered a report published by the independent remuneration panel established under paragraph 7(1) which contains recommendations for such an allowance; and

(b)

approved a scheme for the payment of the allowance providing that scheme does not provide for the payment of allowances of an amount in excess of the amount recommended by the independent remuneration panel.

8AF1

Where the Combined County Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and

(c)

the Combined County Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

8BF1F2

In paragraph 8A, “relevant allowance” means—

(a)

an allowance payable under paragraph 7 to any person referred to in that paragraph, which is not an allowance for travel and subsistence;

(b)

an allowance payable in accordance with a scheme made under section 52A of the 2023 Act.

9I1

The Combined County Authority must consider a report from the independent remuneration panel before approving a scheme under F1paragraph 6(a).

1F1

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2F1

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1F1

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1I1

(1)

Part 3 of the 2004 Act is modified as follows.

(2)

Section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England) has effect as if—

(a)

subsection (1) were omitted;

(b)

for subsection (2) there were substituted—

“(2)

A permit scheme prepared in accordance with section 33(1) or (2) by the Combined County Authority does not have effect in the Area unless the Combined County Authority gives effect to it by order.”;

(c)

subsection (3) were omitted.

(3)

Section 36 (variation and revocation of permit schemes) has effect as if, for subsections (1) to (3) there were substituted—

“(1)

The Combined County Authority may by order vary or revoke a permit scheme to the extent that it has effect in the Area by virtue of an order made by the Combined County Authority under section 33A(2).

(2)

The Secretary of State may direct the Combined County Authority to vary or revoke a permit scheme by an order under subsection (1).

(3)

An order made by the Combined County Authority under subsection (1) may vary or revoke an order made by the Combined County Authority under section 33A(2), or an order previously made by the Combined County Authority under subsection (1).”.

(4)

Section 39 (interpretation of Part 3) has effect as if, in subsection (1), after the definition of “the appropriate national authority”, there were inserted—

  • ““the Area” means the area of the Combined County Authority;

  • “the Combined County Authority” means the East Midlands Combined County Authority;”.

Explanatory note

(This note is not part of the Regulations)

These Regulations establish the East Midlands Combined County Authority (“the Combined County Authority”) and provide for the conferral of functions of local authorities and other public authorities on the Combined County Authority.

Part 2 of the Levelling-up and Regeneration Act 2023 (c. 55) (“the 2023 Act”) provides for the establishment of combined county authorities for the areas of two or more local authorities in England. Combined county authorities are bodies corporate which may be given power to exercise specified functions in their area.

The Secretary of State may establish a combined county authority for an area where a proposal for such an authority has been submitted under section 45 of the 2023 Act. These Regulations have been made following the publication of such a proposal in March 2023 by the constituent councils whose areas together make up the combined area of the new authority. The proposal is available at: https://committee.nottinghamcity.gov.uk/documents/s145908/Appendix%201%20-%20East%20Midlands%20CCA%20Proposal.pdf.

Part 2 of these Regulations establishes the new Combined County Authority and makes provision for its constitution (in Schedule 1).

Part 3 of these Regulations provides for the election of a Mayor and for the appointment of a political advisor to the Mayor.

Part 4 of these Regulations confers on the Combined County Authority functions in relation to housing and regeneration which are to be exercised concurrently with the Homes and Communities Agency. It also makes provision about the acquisition and appropriation of land for planning and public purposes and sets out conditions on the exercise of various functions. Regulation 10 and Schedule 2 apply and modify relevant provisions in legislation.

Part 5 of these Regulations confers on the Combined County Authority functions corresponding to those of the Mayor of London in relation to the designation of a Mayoral development area. Schedule 3 to these Regulations modifies Part 8 of and Schedule 21 to the Localism Act 2011 (c. 20) which make provision about the establishment of a Mayoral development corporation, its objects and powers as well as its constitution and governance.

Part 6 of these Regulations confers on the Combined County Authority functions relating to transport. It transfers functions relating to local transport planning and public transport from the local authorities to the Combined County Authority and makes provision for specified highways and traffic powers held by the local authorities to be exercised concurrently by the Combined County Authority. It confers powers for the Mayor to pay grants, including to bus service operators. It also makes incidental provision.

Part 7 of these Regulations provides for the conferral of certain public health functions of local authorities on the Combined County Authority, which are exercisable concurrently with the constituent councils (see regulation 22). The Combined County Authority has a duty to take such steps as it considers appropriate for improving the health of the people in its area. The Combined County Authority is considered a NHS body in certain circumstances, may enter into partnership with an NHS body and must have due regard to the NHS Constitution.

Part 8 of these Regulations sets out the functions of the Combined County Authority which are to be only exercisable by the Mayor and makes provision in relation to Joint Committees.

Part 9 of these Regulations makes provision for the funding, by the constituent councils, of those costs of the Combined County Authority that relate to the exercise of its functions. Regulation 29 provides that the Combined County Authority is to have in relation to its area functions corresponding to the functions that the Greater London Authority has under the Business Rate Supplements Act 2009 (c. 7) to levy a supplement on business rates to raise money for expenditure on a project which will promote economic development in its area.

Part 10 of these Regulations confers additional functions to be exercisable by the Combined County Authority concurrently with the constituent councils, including functions relating to economic assessments and data sharing.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of the business and voluntary sectors. The impact on the public sector is that conferring functions on the Combined County Authority should lead to operational efficiencies that could lead to reduced costs.