The Sub-national Transport Body (Transport for the North) Regulations 2018

Citation and commencement

1.—(1) These Regulations may be cited as the Sub-national Transport Body (Transport for the North) Regulations 2018.

(2) These Regulations come into force on 1st April 2018.

Interpretation

2.—(1) In these Regulations—

“constituent authorities” means the following authorities—

• Blackburn with Darwen Borough Council;

• Blackpool Borough Council;

• Cheshire East Council;

• Cheshire West and Chester Council;

• The Council of the City of York;

• Cumbria County Council;

• The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority;

• The East Riding of Yorkshire Council;

• Greater Manchester Combined Authority;

• Kingston upon Hull City Council;

• Lancashire County Council;

• Liverpool City Region Combined Authority;

• North East Lincolnshire Council;

• North Lincolnshire Borough Council;

• North Yorkshire County Council;

• Sheffield City Region Combined Authority;

• Tees Valley Combined Authority;

• Warrington Borough Council;

• West Yorkshire Combined Authority;

“TfN” has the meaning given by regulation 3.

(2) References in these Regulations to the area of TfN are to the area for which TfN is established (see regulation 3(1)).

Establishment of Transport for the North

3.—(1) A sub-national transport body is established for the area consisting of the areas of the constituent authorities.

(2) The body is to be known as Transport for the North (“TfN”).

(3) TfN is to be a body corporate.

(4) TfN has the functions conferred or imposed upon it, or delegated to it, by these Regulations or by or under any other enactment (whenever passed or made).

Constitution

4.  The Schedule makes provision about TfN’s constitution.

General Functions

5.  TfN has the following general functions—

(a) to prepare a transport strategy for its area;

(b) to provide advice to the Secretary of State about the exercise of transport functions in relation to its area (whether exercisable by the Secretary of State or others);

(c) to co-ordinate the carrying out of transport functions in relation to its area that are exercisable by different constituent authorities, with a view to improving the effectiveness and efficiency in the carrying out of those functions;

(d) if TfN considers that a transport function in relation to its area would more effectively and efficiently be carried out by TfN, to make proposals to the Secretary of State for the transfer of that function to TfN;

(e) to make other proposals to the Secretary of State about the role and functions of TfN.

Capital grants

6.—(1) The function of the constituent authorities as local authorities specified in section 56(2) of the Transport Act 1968(1) (power to make capital grants) is exercisable by TfN in relation to its area.

(2) This function is exercisable concurrently with the constituent authorities.

Ticketing schemes

7.—(1) The functions of the constituent authorities as local transport authorities specified in the following provisions of the Transport Act 2000(2) are exercisable by TfN in relation to its area—

(a) section 134C(1)(3) (power to make advanced ticketing schemes), and

(b) section 135(1)(4) (power to make other kinds of ticketing schemes).

(2) These functions are exercisable concurrently with the constituent authorities.

(3) For the purposes of this regulation, the following provisions apply to TfN as they apply to a local transport authority—

(a) section 134C(9) to (11) (duties applicable when carrying out functions in relation to an advanced ticketing scheme);

(b) sections 134D to 134G(5) (other provisions applicable in connection with advanced ticketing schemes);

(c) section 135(7) and (8) (duties applicable when carrying out functions in relation to other kinds of ticketing schemes);

(d) sections 136(6) and 137(7) (other provisions applicable in connection with such ticketing schemes).

Franchise agreements

8.—(1) Section 13 of the Railways Act 2005(8) (functions relating to franchising) has effect as if—

(a) references to a Passenger Transport Executive included references to TfN, and

(b) references to the area of a Passenger Transport Executive (or the integrated transport area) included references to TfN’s area.

(2) The functions of a Passenger Transport Executive specified in that section are exercisable by TfN in relation to its area concurrently with the constituent authorities by which the functions are exercisable in relation to their areas.

Highways

9.—(1) TfN has in relation to its area the functions set out in the Highways Act 1980(9) that are mentioned in regulations 10 and 11.

(2) The functions mentioned in regulation 10 are exercisable by TfN in relation to its area jointly with the Secretary of State.

(3) The functions mentioned in regulation 11 are exercisable by TfN in relation to its area—

(a) concurrently with the local authorities by which the functions are exercisable in relation to areas within TfN’s area (whether as highway authorities or in other capacities), and

(b) subject to regulation 14 (in the case of the function mentioned in regulation 11(b)) and regulation 15 (in the case of any other functions mentioned in regulation 11).

10.  The functions exercisable jointly with the Secretary of State are—

(a) the function in section 6(5)(10) (power to enter agreement with local authority for works relating to trunk road),

(b) the functions in sections 105A to 105C(11) (functions relating to environmental impact assessments),

(c) the functions in section 239(1)(12) and (2)(13) (powers to acquire land in connection with highways), in relation to trunk roads,

(d) the functions in section 239(3), (4) and (5) (powers to acquire land for improvement of a highway), insofar as those functions are exercisable by the Secretary of State,

(e) the functions in section 240(1), (2)(a) and (6) (acquisition of land in connection with highways: further general powers), insofar as those functions are exercisable by the Secretary of State,

(f) the functions in section 246(1), (2)(14), (2A)(15) and (5) (powers to acquire land to mitigate effects of constructing or improving highway), insofar as those functions are exercisable by the Secretary of State, and

(g) the functions in section 250(1) and (2) (powers relating to acquisition of rights over land), insofar as those functions are exercisable by the Secretary of State.

11.  The functions exercisable by TfN in relation to its area concurrently with local authorities in relation to their areas are—

(a) the function in section 8(1)(16) (power to enter agreement with local highway authorities etc for doing certain works),

(b) the function in section 24(2)(17) (power of local highway authority to construct new highways),

(c) the function in section 25(1)(18) (power to enter into agreement for creation of footpath etc),

(d) the function in section 26(1)(19) (compulsory powers for creation of footpaths etc),

(e) the function in section 239(1), in relation to a highway which is to be a highway maintainable at the public expense, other than a trunk road,

(f) the functions in section 239(3), (4) and (5), insofar as those functions are exercisable by local authorities in relation to areas within TfN’s area,

(g) the functions in section 240(1), (2)(a) and (6), insofar as those functions are exercisable by local authorities in relation to areas within TfN’s area,

(h) the functions in section 246(1), (2), (2A) and (5), insofar as those functions are exercisable by local authorities in relation to areas within TfN’s area, and

(i) the functions in section 250(1) and (2), insofar as those functions are exercisable by local authorities in relation to areas within TfN’s area.

12.  For the purposes of regulations 10 and 11, the following references in the Highways Act 1980 have effect as if they included references to TfN—

(a) the references to the Minister in—

(i) section 6(2)(20), (6)(21), and (8)(22),

(ii) section 10(2)(a)(i)(23),

(b) the references to an “other” highway authority in section 8(3),

(c) the references to a local authority in—

(i) section 25(3), (5)(24) and (6)(25),

(ii) section 26(2)(26), (3)(27) and (3A)(28),

(iii) section 27(1)(29) and (3),

(d) the reference to “Councils” in section 29(30),

(e) the reference to the Secretary of State in section 105D(1)(31),

(f) the reference to a “local highway authority” in section 247(1)(32),

(g) the references to a highway authority in—

(i) section 247(6),

(ii) section 249(1),

(iii) section 250(1) and (2),

(iv) section 251(1), (2) and (4),

(v) section 252(1), (2) and (4),

(vi) section 260(1),

(vii) section 261(1)(33), (3)(34), (4)(35) and (6),

(viii) section 272(1)(36),

(ix) section 274,

(x) section 282(1) and (3),

(xi) the definition of “proposed highway” in section 329(1)(37),

(h) the references to “the authority” in section 252(3), and

(i) the reference to “the acquiring authority” in section 261(2)(38).

13.—(1) Section 14 of the Highways Act 1980(39) has effect as if the references to “the highway authority” in subsections (1)(a) and (7) included references to TfN.

(2) An order under section 14 of the Highways Act 1980 in relation to TfN is to be made by the Secretary of State.

14.  TfN may not exercise the function in section 24(2) of the Highways Act 1980 to construct a new highway unless the manner in which it proposes to exercise the function has been approved by—

(a) each council, within the meaning of section 329(1) of that Act, through whose area the highway is to pass,

(b) the person who is proposed to be the highway authority for the highway (if not a council within the meaning of section 329(1)),

(c) the highway authority for any highway with which the new highway will communicate (if not a council within the meaning of section 329(1)), and

(d) the Secretary of State.

15.  TfN may not exercise any other function mentioned in regulation 11 in relation to the area of a local authority unless the manner in which it proposes to exercise the function has been approved by the local authority.

16.  Section 36(2) of the Highways Act 1980(40) has effect as if a highway constructed by TfN were a highway maintainable at the public expense.

17.  Section 39 of the Road Traffic Act 1988(41) (functions in relation to road safety etc) has effect as if TfN were a “relevant authority” for the purposes of subsection (3)(c) of that section (duty to take measures when constructing new roads to reduce the possibility of accidents arising out of the use of vehicles).

Finance

18.—(1) The constituent authorities must make a contribution in respect of any reasonably incurred costs of TfN if they all agree on—

(a) the need for a contribution, and

(b) the amount required.

(2) The amount of any contribution under paragraph (1) is to be apportioned between the constituent authorities—

(a) in proportion to the total resident population of the area of each authority at the relevant date as estimated by the Statistics Board(42), or

(b) on such other basis as may be agreed by all the constituent authorities.

(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 previously.

(4) Each constituent authority may contribute to the costs of TfN individually if it chooses to do so.

Incidental

19.—(1) Section 9(5) of the Transport Act 1968(43) (power to provide services within passenger transport areas) has effect as if—

(a) after “combined authority area” there were inserted “or the area of Transport for the North”, and

(b) after “subsidiary of the Executive,” there were inserted “or Transport for the North (as the case may be)”.

(2) Section 1 of the Local Authorities (Goods and Services) Act 1970(44) has effect as if TfN were a local authority for the purposes of that section.

(3) The following provisions of the Local Government Act 1972 (45) have effect as if TfN were a local authority for the purposes of those provisions—

(a) section 113 (secondment of staff)(46);

(b) section 116 (member of TfN not to be appointed as officer)(47);

(c) section 117 (disclosure by officers of interests in contracts)(48);

(d) section 135 (standing orders for contracts);

(e) section 142(2) (provision of information)(49);

(f) section 222 (power to investigate and defend legal proceedings)(50);

(g) section 239 (power to promote or oppose a local or personal Bill)(51).

(4) Sections 120, 121 and 123 of that Act (acquisition and disposal of land) have effect as if—

(a) TfN were a principal council;

(b) section 120(1)(b) were omitted;

(c) section 121(2)(a) were omitted.

(5) Section 29 of the Localism Act 2011 (registers of interests) has effect as if—

(a) TfN were a relevant authority, and

(b) references to “the monitoring officer” were references to an officer appointed by TfN for the purposes of that section.

(6) In the Local Government Pension Scheme Regulations 2013(52)—

(a) in Schedule 2 (scheme employers), in Part 2 (employers able to designate employees to be in scheme), after paragraph 14 insert—

“15.   Transport for the North.”;

(b) in Schedule 3 (administering authorities), in the table in Part 2 (appropriate administering authorities for categories of scheme members), at the end insert—

“An employee of Transport for the North	Tameside Metropolitan Borough Council”

Signed by authority of the Secretary of State for Transport

Jesse Norman

Parliamentary Under Secretary of State

Department for Transport

22nd January 2018