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The Devon and Torbay Combined County Authority Regulations 2025

S.I. 2025/115 · Made 4 February 2025 · Extends to England and Wales

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

Local Government, England

Transport, England

Made 4th February 2025

Coming into force 5th February 2025

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 9(1), 10(1), (4) and (7), 13(1), (2) and (3), 16(1), 18(1), (3), (4) and (5), 19(1), (2) and (3), 52(1), 53(1), 252(1) and (2) of and paragraph 3 of Schedule 1 to the Levelling-up and Regeneration Act 2023f1 (“the 2023 Act”).

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

(a)

the functions conferred on the Combined County Authority by these Regulations can appropriately be exercised by that Authority,

(b)

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,

(c)

the making of these Regulations is appropriate having regard to the need—

(i)

to secure effective and convenient local government, and

(ii)

to reflect the identities and interests of local communities,

(d)

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

(e)

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

In accordance with sections 10(8), 16(2)(a), 18(6)(a), 20(2)(b), 46(1)(d) and 52(2) of the 2023 Act the councils of the local government areas of Devon and Torbay 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.

Annotations to the whole text

Footnotes

f1

2023 c. 55.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Establishment of a combined county authority for Devon and Torbay
  5. 3Establishment
  6. 4Constitution
  7. Part 3: Housing, regeneration and planning Repealed
  8. 5Conferral of functions corresponding to functions that the HCA has in relation to the Area Repealed
  9. 6Acquisition and appropriation of land for planning and public purposes Repealed
  10. 7Condition on the exercise of the functions conferred by regulations 5 and 6 Repealed
  11. 8Application of certain provisions of the 1985 Act, the 1990 Act and the 2008 Act Repealed
  12. Part 4: Transport
  13. 9Local transport functions under the Transport Act 1985 Repealed
  14. 10Local transport functions under the Transport Act 2000 Repealed
  15. 11Agreements between authorities and strategic highways companies Repealed
  16. 12Civil enforcement of road traffic contraventions Repealed
  17. 13Permit schemes
  18. 14Power to pay grant Repealed
  19. Part 5: Additional functions
  20. 15Assessment of economic conditions Repealed
  21. 16General power of competence in relation to economic development and regeneration Repealed
  22. 17Data sharing Repealed
  23. 18Incidental provisions
  24. 19Regulation 19 Repealed
  25. 20Regulation 20 Repealed
  26. 21Regulation 21
  27. Part 6: Funding
  28. 22Funding, including levy funding
  29. Signature
  30. Schedule 1: Constitution
  31. 1Membership
  32. 2Non-constituent and associate members
  33. 3Chair and vice-chair
  34. 4Proceedings
  35. 5Remuneration
  36. 6Paragraph 6
  37. 7Paragraph 7
  38. 7AParagraph 7A
  39. 7BParagraph 7B
  40. 8Paragraph 8
  41. 9Paragraph 9
  42. 10Records
  43. 11Standing orders
  44. Schedule 2 Repealed
  45. Part 1: Modification of the application of Part 1 of the 2008 Act Repealed
  46. 1Paragraph 1 Repealed
  47. Part 2: Modification of the application of Schedules 2 to 4 to the 2008 Act Repealed
  48. 2Paragraph 2 Repealed
  49. Schedule 3: Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004
  50. 1Paragraph 1
  51. Explanatory note

1Citation and commencementI1

(1)

These Regulations may be cited as the Devon and Torbay Combined County Authority Regulations 2025.

(2)

These Regulations come into force on the day after the day on which they are made.

2InterpretationI1

In these Regulations—

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

  • F1...

  • F2...

  • F3...

  • “the 2004 Act” means the Traffic Management Act 2004f2;

  • F4...

  • “the 2023 Act” means the Levelling-up and Regeneration Act 2023f3;

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

  • “Combined County Authority” means the Devon and Torbay Combined County Authority as constituted by regulation 3;

  • “constituent councils” means the councils for the local government areasf4 of Devon and Torbay;

  • “district councils” means East Devon District Council, Exeter City Council, Mid Devon District Council, North Devon Council, South Hams District Council, Teignbridge District Council, Torridge District Council and West Devon Borough Council;

  • F5...

  • F6... “local highway authority” F7has the same meaning as in F8section 329(1) of the 1980 Actf5;

  • F9...

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 Devon and Torbay Combined County Authority.

(3)

The functions of the Combined County Authority are those functions conferred or imposed upon it by or under these Regulations or 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 makes provision about the constitution of the Combined County Authority.

5Conferral of functions corresponding to functions that the HCA has in relation to the AreaF1

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

6Acquisition and appropriation of land for planning and public purposesF1

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

7Condition on the exercise of the functions conferred by regulations 5 and 6F1

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

8Application of certain provisions of the 1985 Act, the 1990 Act and the 2008 ActF1

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

9Local transport functions under the Transport Act 1985F1

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

10Local transport functions under the Transport Act 2000F1

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

11Agreements between authorities and strategic highways companiesF1

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

12Civil enforcement of road traffic contraventionsF1

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

13Permit 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 3 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—

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

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

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

14Power to pay grantF1

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

15Assessment of economic conditionsF1

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

16General power of competence in relation to economic development and regenerationF1

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

17Data sharingF1

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

18Incidental provisionsI1

The following provisions of the Local Government Act 1972f1 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)f2;

F1(b)

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

(c)

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

(d)

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

(e)

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

19F1

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

20F1

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

21I1

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 Devon and Torbay Combined County Authority established by the Devon and Torbay Combined County Authority Regulations 2025Devon County Council

”.

22Funding, including levy fundingI1

(1)

F1... The constituent councils must ensure that the costs of the Combined County Authority reasonably attributable to the exercise of its functions are met.

(2)

The amount payable by each of the constituent councils is to be determined by apportioning the costs of the Combined County Authority referred to in paragraph (1) between the constituent councils in such proportions as they may agree or, in default of such agreement, in proportion to the total resident population at the relevant date of the area of each council concerned as estimated by the Statistics Board.

(3)

For the purposes of paragraph (2) the relevant date in relation to a payment for a financial year is 30th June in the financial year which commenced two years prior to the current financial year.

F2(4)

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

F3(5)

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

(6)

For the purposes of this regulation “financial year” means the period of 12 months ending with 31st March in any year.

Signature

Jim McMahon

Minister of State

Ministry of Housing, Communities and Local Government

4th February 2025

1MembershipI1

(1)

Each constituent council must appoint three of its elected members to be members of the Combined County Authority.

(2)

Each constituent council must appoint one of the persons appointed under paragraph (1) to be the lead member for that council.

(3)

Each constituent council must appoint another three of its elected members who may act as members of the Combined County Authority in the absence of any of the members they appointed under sub-paragraph (1) (“substitute member”).

(4)

Only one substitute member may act as a member of the Combined County Authority in the absence of each absent member appointed under sub-paragraph (1) at any time.

(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 the appointment of a member or substitute member of the Combined County Authority 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)

The term “proper officer” in this paragraph is to be construed as a reference to an officer appointed by the relevant constituent council for that purpose.

2Non-constituent and associate membersI1

(1)

The Combined County Authority must have no more than six (in total) 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.

3Chair and vice-chairI1

(1)

The Combined County Authority must in its first year and in each alternate year thereafter, appoint a chair and a vice-chair from among its constituent membersf1 and the appointments are to be the first business transacted after the appointment of members of the Combined County Authority, at the first meeting of the Combined County Authority, and in subsequent years at a biennial meeting of the Combined County Authority.

(2)

An appointment under paragraph (1) may include a reappointment.

(3)

The chair and vice-chair must not have been appointed by the same constituent council.

(4)

A person ceases to be chair or vice-chair of the Combined County Authority if they cease to be a member of the Combined County Authority.

(5)

If a vacancy arises in the office of chair or vice-chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the Combined County Authority, or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.

4ProceedingsI1

F1(1)

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

(2)

No business shall be transacted at a meeting of the Combined County Authority unless at least four members or substitute members acting in a member’s place are present at the meeting.

(3)

For the purposes of paragraph (2), one of the members present must be the chair or vice chair.

F2(4)

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

F3(5)

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

(6)

Questions relating to the following matters require that both the members appointed under paragraph 1(2) are in the majority, to be carried—

(a)

approval or amendment of the Combined County Authority’s budget;

(b)

appointment of the Combined County Authority’s chief executive;

(c)

adoption of any local transport plan under section 108(3) of the Transport Act 2000f1;

(d)

approval or amendment of the Combined County Authority’s constitution or standing orders;

F4(e)

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

F5(6A)

Where section 24E of the 2023 Act (non-mayoral CCA: functions imposing financial liability) applies to the Combined County Authority, the requirement in section 24E(2) is only satisfied if consent is given by the member of the relevant constituent council appointed under paragraph 1(2), or where any substitute member is acting in place of that member, that substitute member.

F6(7)

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

F7(8)

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

5RemunerationF1

Except as provided for by paragraphs 6, 7, 7A and 8, no remuneration or allowances are 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.

6I1

The Combined County Authority may pay an allowance to—

(a)

members of the overview and scrutiny committee and any sub-committee of that committee;

(b)

members of the audit committee.

7I1

(1)

The Combined County Authority may only pay an allowance to the people listed in paragraph 6 if—

(a)

the Combined County Authority has—

(i)

established an independent remuneration panel under article 16 of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017f1, and

(ii)

considered a report published by the independent remuneration panel established under sub-paragraph (a) which contains recommendations for such an allowance, and

(b)

the allowance paid does not exceed the amount specified in the recommendation made by the independent remuneration panel.

(2)

Article 16(2)(a) of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017 applies in relation to the Combined County Authority as if after “sub-committee of that authority” there were inserted “or a member of a constituent council or a member of a district council”.

7AF1

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.

7BF1

In paragraph 7A, “relevant allowance” means—

(a)

an allowance payable under paragraph 6 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.

8I1

A constituent council may, in accordance with its own scheme of allowances, pay a special responsibility allowance to any constituent member appointed by it to the Combined County Authority in respect of duties and responsibilities undertaken as a member of the Combined County Authority.

9I1

The Combined County Authority must appoint an independent personf1 to be the chair of the overview and scrutiny committee appointed by the Combined County Authority.

10RecordsI1

(1)

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

11Standing 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.

1F1

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

2F1

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

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 Devon and Torbay Combined County Authority;”.

Explanatory note

(This note is not part of the Regulations)

These Regulations establish the Devon and Torbay 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 May 2024 by the constituent councils whose areas together make up the combined area of the new authority. The proposal is available at: https://www.devontorbaydeal.org.uk Part 2 of these Regulations establishes the new Combined County Authority and makes provision for its constitution (in Schedule 1).

Part 3 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 (also known as “Homes England”). 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 8 and Schedule 2 apply and modify relevant provisions in legislation.

Part 4 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.

Part 5 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.

Part 6 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 22 provides for the apportionment of such funding between the constituent councils and that the Combined County Authority is to have, in relation to its transport functions, the power to issue a levy under section 74 of the Local Government Finance Act 1988, in accordance with the Transport Levying Bodies Regulations 1992.

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.