7.—(1) The following functions are exercisable by the Combined Authority in relation to the Area—
(a)the functions of the constituent councils specified in Parts 4 (local passenger transport services) and 5 (financial provisions) of the Transport Act 1985(1);
(b)the functions of the constituent councils as local transport authorities specified in Part 2 (local transport) of the 2000 Act.
(2) Subject to paragraphs (3) and (4), the functions specified in—
(a)Parts 4 and 5 of the Transport Act 1985;
(b)sections 108 and 109 of the 2000 Act;
(c)sections 112 to 159 of the 2000 Act,
are exercisable by the Combined Authority instead of by the constituent councils.
(3) During the transition period—
(a)the functions mentioned in paragraph (2)(a) and (c) are exercisable by the Combined Authority concurrently with the constituent councils;
(b)the exercise of the functions mentioned in paragraph (2)(b) requires at least three of the members to vote in favour.
(4) The functions contained in section 108(1)(b), (2ZA) and (3B), and section 109(4) of the 2000 Act(2) are exercisable by the Combined Authority concurrently with the constituent councils, subject to the modifications set out in paragraph (5).
(5) The modifications referred to in paragraph (4) are—
(a)in section 108(1)(b), the reference to “those policies” is a reference to the policies developed under section 108(1)(a) of the 2000 Act in accordance with the functions conferred on the Combined Authority by paragraph (1)(b);
(b)in section 108(3B), the reference to “their plan” is a reference to the local transport plan prepared under section 108(3) in accordance with the functions conferred on the Combined Authority by paragraph (1)(b);
(c)in section 109(4), the reference to “their local transport plan” is a reference to the local transport plan prepared under section 108(3) in accordance with the functions conferred on the Combined Authority by paragraph (1)(b).
(6) For the purposes of paragraph (3), “the transition period” means the period commencing when this Order comes into force and ending immediately before 31st March 2026.
8.—(1) The following functions are exercisable by the Combined Authority in relation to the Area—
(a)the functions of the constituent councils specified in section 6 of the 1980 Act (powers to enter into agreements with the Minister or strategic highways companies relating to the exercise of functions with respect to trunk roads etc)(3);
(b)the functions of the constituent councils as local highway authorities specified in section 8 of the 1980 Act (power to enter into agreements with local highway authorities and strategic highways companies for the doing of certain works)(4).
(2) The functions mentioned in paragraph (1) are exercisable 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.
9.—(1) The functions of the constituent councils as enforcement authorities specified in the following enactments are exercisable by the Combined Authority in relation to the area comprising the civil enforcement areas of the constituent councils—
(a)Part 6 (civil enforcement of road traffic contraventions) of the 2004 Act, insofar as it applies to a civil enforcement area designated under paragraphs 9 (designation of civil enforcement areas for bus lane contraventions) or 10 of Schedule 8 (civil enforcement areas and enforcement authorities outside Greater London) to that Act;
(b)the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022(5);
(c)the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022(6).
(2) The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with each constituent council (in relation to its civil enforcement area).
(3) In this article—
“civil enforcement area” means an area designated as a civil enforcement area under Part 2 of Schedule 8 to the 2004 Act (civil enforcement areas and enforcement authorities) and which falls within the Area;
“enforcement area” means the area comprising all of the civil enforcement areas of the constituent councils;
“enforcement authority” means an enforcement authority for the purposes of Part 6 of the 2004 Act pursuant to paragraphs 9(4) or 10(5) of Schedule 8 to that Act.
(4) Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
10.—(1) Subject to paragraphs (2) to (4), the function of the Secretary of State set out in section 154(1) (grants to bus service operators) of the 2000 Act is exercisable by the Combined Authority in relation to the Area.
(2) For the purpose of paragraph (1), section 154(1) of the 2000 Act shall have effect as if “with the approval of the Treasury” were omitted.
(3) Grants made by virtue of the function conferred by paragraph (1) must be—
(a)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;
(b)subject to sub-paragraph (a), of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by the Secretary of State by virtue of section 154(3) of the 2000 Act and notified to the Combined Authority.
(4) Grants must not be made by virtue of the function conferred by 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 this article, “eligible bus services” has the meaning given by section 154(5) of the 2000 Act.
11.—(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 Authority in relation to the Area—
(a)section 33 (preparation of permit schemes)(7);
(b)section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)(8);
(c)section 36 (variation and revocation of permit schemes)(9).
(2) The functions of the constituent councils as Permit Authorities specified in the 2007 Regulations are exercisable by the Combined Authority in relation to the Area.
(3) The functions mentioned in paragraphs (1) and (2) are exercisable by the Combined 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 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 2 to this Order.
(5) The 2007 Regulations apply in relation to the content, preparation, operation, variation and revocation of permit schemes by the Combined Authority as they apply in relation to the content, preparation, operation, variation and revocation of permit schemes by a constituent council as a Permit Authority.
(6) For the purposes of paragraph (5), references in the 2007 Regulations to a Permit Authority are to be read as including references to the Combined Authority.
(7) In this article—
“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.
(8) 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.
12.—(1) The functions of a Minister of the Crown specified in section 31 of the 2003 Act (power to pay grant) are functions of the Combined Authority that are exercisable in relation to the Area.
(2) The functions are exercisable by the Combined Authority concurrently with a Minister of the Crown.
(3) Paragraph (4) applies where, in exercising functions referred to in paragraphs (1), the Combined Authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions.
(4) In determining that amount, the Combined Authority must have regard to the desirability of ensuring that the constituent council has sufficient funds to facilitate the effective discharge of those highway functions.
(5) To comply with paragraph (4), the Combined Authority must take into account any other sources of funding available to the constituent council for expenditure incurred or to be incurred in relation to the exercise of its highway functions.
(6) For the purposes of the exercise by the Combined Authority of the functions referred to in paragraph (1), section 31 of the 2003 Act has effect as if—
(a)in subsection (1)—
(i)the reference to a “Minister of the Crown” were a reference to the Combined Authority;
(ii)the reference to a “local authority in England” were a reference to a constituent council;
(b)subsection (2) were omitted;
(c)subsection (6) were omitted.
(7) In this article, “highway functions” means functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority.
13.—(1) The Combined Authority may direct a constituent council about the exercise of an eligible power.
(2) A direction under paragraph (1) must relate only to the exercise of an eligible power in respect of a key route network road in—
(a)the Area;
(b)the area of the constituent council subject to the direction.
(3) A direction under paragraph (1) must relate only to any one or more of—
(a)the provision of information about the exercise of an eligible power which the constituent council has or might reasonably be expected to acquire;
(b)the imposition on a constituent council of requirements relating to procedures to be followed prior to the exercise of an eligible power;
(c)the imposition on a constituent council of requirements relating to the obtaining of consent prior to the exercise of an eligible power;
(d)the imposition on a constituent council of conditions subject to which an eligible power may be exercised (including conditions relating to the times at which, and the manner in which, an eligible power may be exercised);
(e)a requirement to exercise an eligible power (including a requirement to exercise an eligible power subject to conditions);
(f)a prohibition on the exercise of an eligible power.
(4) A direction that relates to paragraph (3)(e) has no effect unless the Combined Authority meets the cost of complying with the direction.
(5) Before giving a direction under paragraph (1) the Combined Authority must consult the constituent council that is to be the subject of the direction.
(6) Any direction given by virtue of paragraph (1)—
(a)must be given in writing and may be varied or revoked by a further direction in writing;
(b)may make different provision for different cases and different provision for different areas.
(7) The Combined Authority may not direct a constituent council to take any action which they would not otherwise be able to take in relation to the exercise of an eligible power.
(8) In this article—
“eligible power” has the meaning given by section 88(2) of the Local Transport Act 2008 (conferral of a power to direct)(10);
“key route network road” has the meaning given by section 107ZA(9) of the 2009 Act(11).
14.—(1) The Sub-national Transport Body (Transport for the North) Regulations 2018(12) are amended in accordance with paragraph (2).
(2) In regulation 2(1) (interpretation) in the definition of “constituent authorities”—
(a)omit “Kingston upon Hull City Council” and “The East Riding of Yorkshire Council”;
(b)after “Greater Manchester Combined Authority”, insert “The Hull and East Yorkshire Combined Authority”.
Section 108 was amended by section 3 of and paragraph 2 of the Schedule to the Transport (Wales) Act 2006 (c. 5), sections 7 to 9, and paragraphs 41 and 42 of Schedule 4 and Part 1 of Schedule 7 to the Local Transport Act 2008 (c. 26), and by section 119 of and paragraph 96 of Schedule 6 to the 2009 Act. Section 109 was amended by section 3 of and paragraph 3 of the Schedule to the Transport (Wales) Act 2006, section 9 of the Local Transport Act 2008, and by section 119 of and paragraph 97 of Schedule 6 to the 2009 Act.
Section 6 was amended by section 8 of, and paragraph 4 of Schedule 4 to, the Local Government Act 1985 (c. 51), section 22 of, and paragraph 2 of Schedule 7 to, the Local Government (Wales) Act 1994, section 1 of, and paragraph 7 of Schedule 1 to, the Infrastructure Act 2015 (c. 7), and S.I. 1995/1986.
Section 8 was amended by section 22 of, and paragraph 3 of Schedule 7 to, the Local Government (Wales) Act 1994, section 8 of, and paragraph 5 of Schedule 4 to, the Local Government Act 1985, and section 1 of, and paragraph 8 of Schedule 1 to, the Infrastructure Act 2015.
Section 33 was amended by section 51 of, and Schedule 10 to, the Deregulation Act 2015 (c. 20).
Section 33A was inserted by section 51 of, and Schedule 10 to, the Deregulation Act 2015.
Section 36 was substituted by section 51 of, and Schedule 10 to, the Deregulation Act 2015.
Section 107ZA was inserted by section 63 of the 2023 Act.