The East Midlands Combined County Authority Regulations 2024

Permit schemes

20.—(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)(1);

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

(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 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 4 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—

(a) “the 2007 Regulations” means the Traffic Management Permit Scheme (England) Regulations 2007(4);

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

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

(1)

Section 33 was amended by paragraph 5 of Schedule 10 to the Deregulation Act 2015 (c. 20).

(2)

Section 33A was inserted by paragraph 6 of Schedule 10 to the Deregulation Act 2015.

(3)

Section 36 was substituted by paragraph 8 of Schedule 10 to the Deregulation Act 2015.

(4)

S.I. 2007/3372, amended by S.I. 2015/958, S.I. 2020/122 and S.I. 2022/831.