The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018

Transfer of functions etc. relating to transport

7.—(1) The following functions are transferred to the Combined Authority—

(a) the functions of an integrated transport authority which were exercisable by the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority immediately before the commencement date insofar as they relate to the combined area;

(b) the functions of a county council under Parts 4 and 5 of the Transport Act 1985(1) which were exercisable by the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority immediately before the commencement date insofar as they relate to the combined area;

(c) the functions of a county council as local transport authority under Part 2 of the Transport Act 2000(2) which were exercisable by the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority immediately before the commencement date insofar as they relate to the combined area; and

(d) the issuing of levies in respect of the costs relating to the combined area reasonably attributable to the exercise of functions relating to transport under section 74 of the Local Government Finance Act 1988(3) to the councils for the local government areas of—

(i) Newcastle Upon Tyne;

(ii) North Tyneside; and

(iii) Northumberland.

(2) Subject to paragraph (3), the property, rights and liabilities that were transferred to the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority under article 6(2)(b) of the 2014 Order, and any other such property, rights and liabilities which have subsequently accrued to that authority in consequence of that transfer are to be held jointly by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Combined Authority.

(3) The Durham, Gateshead, South Tyneside and Sunderland Combined Authority will continue to be the Scheme employer for the purposes of the Local Government Pension Scheme Regulations 2013 in place of the ITA and will continue to be responsible for meeting the liabilities of the Tyne and Wear Pension Fund in respect of benefits due to or in respect of the ITA’s employees or former employees, or any liabilities of any predecessor authority.

(4) In any enactment (whenever passed or made)—

(a) any reference to an integrated transport area; or

(b) any reference which falls to be read as a reference to such an area,

is to be treated as including a reference to the combined area.

(5) In any enactment (whenever passed or made)—

(a) any reference to any integrated transport authority; or

(b) any reference which falls to be read as a reference to such an authority,

is to be treated as including a reference to the Combined Authority.

(6) Any reference in any enactment (whenever passed or made) relating to—

(a) a function of a county council under Part 4 or 5 of the Transport Act 1985, or

(b) a function of a county council as local transport authority under Part 2 of the Transport Act 2000,

and which is a reference to a county, or to any class of area which includes a county, is to be treated as including a reference to the combined area.

(7) Any reference in any enactment (whenever passed or made) relating to—

(a) a function of a county council under Part 4 or 5 of the Transport Act 1985; or

(b) a function of a county council as local transport authority under Part 2 of the Transport Act 2000,

and which is a reference to a county council, or to any class of body which includes a county council, is to be treated as including a reference to the Combined Authority.

(1)

1985 c.67.

(2)

2000 c.38.

(3)

1988 c. 41. Section 74 was amended by section 117 of and paragraph 72 of Schedule 13 to the Local Government Finance Act 1992 (c. 14); section 20 of and paragraph 21 of Schedule 6 to the Local Government (Wales) Act 1994 (c. 19); section 120 of and Schedule 24 to the Environment Act 1995 (c. 25); section 105 of the Greater London Authority Act 1999 (c. 29); section 109 of and paragraph 305(a) of Schedule 8 to the Courts Act 2003 (c. 39); section 53 of and paragraph 68 of Schedule 1 to the Fire and Rescue Services Act 2004 (c. 21); section 22 of and paragraph 16 of Schedule 1 to the Local Government and Involvement in Public Health Act 2007 (c. 28); sections 119 and 146 of and paragraphs 74 and 75 of Schedule 6 and Part 4 of Schedule 7 to the 2009 Act; section 99 of and paragraph 182(a) of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13); section 79 of and paragraphs 1 and 2 of Schedule 7 to the Localism Act 2011 (c. 20); section 9 of the Cities and Local Government Devolution Act 2016 (c. 1) and by S.I. 1994/2825.