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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.
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.
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