The York and North Yorkshire Combined Authority Order 2023

Permit schemes E+W

20.—(1) The functions of the constituent councils as local highway authorities specified in the following provisions of the TM Act are exercisable by the Combined Authority in relation to the Area—

(a) section 33 (preparation of permit schemes)(1);

(b) section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)(2); and

(c) section 36 (variation and revocation of permit schemes)(3).

(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 paragraph (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.

(4) Part 3 of the TM 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 4 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—

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

(b) “permit scheme” is to be construed in accordance with section 32 of the TM Act; and

(c) “the 2007 Regulations” means the Traffic Management Permit Scheme (England) Regulations 2007(4).

(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.

Commencement Information

I1 Art. 20 in force at 20.12.2023, see art. 1(2)

(1)

Section 33 was amended by section 51 of, and Schedule 10 to, the Deregulation Act 2015 (c. 20).

(2)

Section 33A was inserted by section 51 of, and Schedule 10 to, the Deregulation Act 2015.

(3)

Section 36 was substituted by section 51 of, and Schedule 10 to, the Deregulation Act 2015.

(4)

S.I. 2007/3372.