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- Point in Time (01/04/2018)
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Version Superseded: 02/11/2018
Point in time view as at 01/04/2018.
There are currently no known outstanding effects for the The Sub-national Transport Body (Transport for the North) Regulations 2018.
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1.—(1) These Regulations may be cited as the Sub-national Transport Body (Transport for the North) Regulations 2018.
(2) These Regulations come into force on 1st April 2018.
2.—(1) In these Regulations—
“constituent authorities” means the following authorities—
Blackburn with Darwen Borough Council;
Blackpool Borough Council;
Cheshire East Council;
Cheshire West and Chester Council;
The Council of the City of York;
Cumbria County Council;
The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority;
The East Riding of Yorkshire Council;
Greater Manchester Combined Authority;
Kingston upon Hull City Council;
Lancashire County Council;
Liverpool City Region Combined Authority;
North East Lincolnshire Council;
North Lincolnshire Borough Council;
North Yorkshire County Council;
Sheffield City Region Combined Authority;
Tees Valley Combined Authority;
Warrington Borough Council;
West Yorkshire Combined Authority;
“TfN” has the meaning given by regulation 3.
(2) References in these Regulations to the area of TfN are to the area for which TfN is established (see regulation 3(1)).
3.—(1) A sub-national transport body is established for the area consisting of the areas of the constituent authorities.
(2) The body is to be known as Transport for the North (“TfN”).
(3) TfN is to be a body corporate.
(4) TfN has the functions conferred or imposed upon it, or delegated to it, by these Regulations or by or under any other enactment (whenever passed or made).
4. The Schedule makes provision about TfN's constitution.
5. TfN has the following general functions—
(a)to prepare a transport strategy for its area;
(b)to provide advice to the Secretary of State about the exercise of transport functions in relation to its area (whether exercisable by the Secretary of State or others);
(c)to co-ordinate the carrying out of transport functions in relation to its area that are exercisable by different constituent authorities, with a view to improving the effectiveness and efficiency in the carrying out of those functions;
(d)if TfN considers that a transport function in relation to its area would more effectively and efficiently be carried out by TfN, to make proposals to the Secretary of State for the transfer of that function to TfN;
(e)to make other proposals to the Secretary of State about the role and functions of TfN.
6.—(1) The function of the constituent authorities as local authorities specified in section 56(2) of the Transport Act 1968 M1 (power to make capital grants) is exercisable by TfN in relation to its area.
(2) This function is exercisable concurrently with the constituent authorities.
Marginal Citations
7.—(1) The functions of the constituent authorities as local transport authorities specified in the following provisions of the Transport Act 2000 M2 are exercisable by TfN in relation to its area—
(a)section 134C(1) M3 (power to make advanced ticketing schemes), and
(b)section 135(1) M4 (power to make other kinds of ticketing schemes).
(2) These functions are exercisable concurrently with the constituent authorities.
(3) For the purposes of this regulation, the following provisions apply to TfN as they apply to a local transport authority—
(a)section 134C(9) to (11) (duties applicable when carrying out functions in relation to an advanced ticketing scheme);
(b)sections 134D to 134G M5 (other provisions applicable in connection with advanced ticketing schemes);
(c)section 135(7) and (8) (duties applicable when carrying out functions in relation to other kinds of ticketing schemes);
(d)sections 136 M6 and 137 M7 (other provisions applicable in connection with such ticketing schemes).
Marginal Citations
M3Section 134C was inserted by the Bus Services Act 2017 (c.21), section 7.
M4Section 135 was amended by the Local Transport Act 2008 (c.26), Schedule 1, paragraph 3(2).
M5Sections 134D to 134G were inserted by the Bus Services Act 2017 (c.21), section 7.
8.—(1) Section 13 of the Railways Act 2005 M8 (functions relating to franchising) has effect as if—
(a)references to a Passenger Transport Executive included references to TfN, and
(b)references to the area of a Passenger Transport Executive (or the integrated transport area) included references to TfN's area.
(2) The functions of a Passenger Transport Executive specified in that section are exercisable by TfN in relation to its area concurrently with the constituent authorities by which the functions are exercisable in relation to their areas.
Marginal Citations
M82005 c. 14; section 13 was amended by the Local Transport Act 2008 (c.26), Schedule 4, paragraph 66(2) and the Deregulation Act 2015 (c.20), Schedule 8, paragraph 7.
9.—(1) TfN has in relation to its area the functions set out in the Highways Act 1980 M9 that are mentioned in regulations 10 and 11.
(2) The functions mentioned in regulation 10 are exercisable by TfN in relation to its area jointly with the Secretary of State.
(3) The functions mentioned in regulation 11 are exercisable by TfN in relation to its area—
(a)concurrently with the local authorities by which the functions are exercisable in relation to areas within TfN's area (whether as highway authorities or in other capacities), and
(b)subject to regulation 14 (in the case of the function mentioned in regulation 11(b)) and regulation 15 (in the case of any other functions mentioned in regulation 11).
Marginal Citations
10. The functions exercisable jointly with the Secretary of State are—
(a)the function in section 6(5) M10 (power to enter agreement with local authority for works relating to trunk road),
(b)the functions in sections 105A to 105C M11 (functions relating to environmental impact assessments),
(c)the functions in section 239(1) M12 and (2) M13 (powers to acquire land in connection with highways), in relation to trunk roads,
(d)the functions in section 239(3), (4) and (5) (powers to acquire land for improvement of a highway), insofar as those functions are exercisable by the Secretary of State,
(e)the functions in section 240(1), (2)(a) and (6) (acquisition of land in connection with highways: further general powers), insofar as those functions are exercisable by the Secretary of State,
(f)the functions in section 246(1), (2) M14, (2A) M15 and (5) (powers to acquire land to mitigate effects of constructing or improving highway), insofar as those functions are exercisable by the Secretary of State, and
(g)the functions in section 250(1) and (2) (powers relating to acquisition of rights over land), insofar as those functions are exercisable by the Secretary of State.
Marginal Citations
M10Section 6(5) was amended by the Local Government Act 1985 (c.51), Schedule 4, paragraph 4(c) and the Infrastructure Act 2015 (c.7), Schedule 1, paragraphs 7(8)(a) and 7(8)(b).
M11Section 105A was inserted by the Highways (Assessment of Environmental Effects) Regulations 1988 (S.I. 1988/1241), regulation 2 and amended by the Highways (Assessment of Environmental Effects) Regulations 1999 (S.I. 1999/369), regulation 2, the Countryside and Rights of Way Act 2000 (c.37), Schedule 10, paragraph 5, Schedule 15, paragraph 5 and Schedule 16, Part 3, the Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), regulation 2, the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), Schedule 6, paragraph 3 and the Infrastructure Act 2015 (c.7), Schedule 1, paragraph 30. Section 105B was inserted by the Highways (Assessment of Environmental Effects) Regulations 1999 (S.I. 1999/369), regulation 2 and amended by the Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), regulation 3, the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), article 4(1) and Schedule 2, paragraph 161 and the Infrastructure Act 2015 (c.7), Schedule 1, paragraph 31. Section 105C was inserted by the Highways (Assessment of Environmental Effects) Regulations 1999 (S.I. 1999/369), regulation 2 and amended by the Highways (Environmental Impact Assessment) Regulations 2007/1062, regulation 4 and the Infrastructure Act 2015 (c.7), Schedule 1, paragraph 32.
M12Section 239(1) was amended by the Infrastructure Act 2015 (c.7), Schedule 1, paragraph 45(2).
M13Section 239(2) was amended by the Infrastructure Act 2015 (c.7), Schedule 1, paragraphs 45(3)(a) and 45(3)(b).
M14Section 246(2) was amended by the Planning and Compensation Act 1991 (c.34), Schedule 15, paragraph 26.
M15Section 246(2A) was inserted by the Planning and Compensation Act 1991 (c.34), section 62(2).
11. The functions exercisable by TfN in relation to its area concurrently with local authorities in relation to their areas are—
(a)the function in section 8(1) M16 (power to enter agreement with local highway authorities etc for doing certain works),
(b)the function in section 24(2) M17 (power of local highway authority to construct new highways),
(c)the function in section 25(1) M18 (power to enter into agreement for creation of footpath etc),
(d)the function in section 26(1) M19 (compulsory powers for creation of footpaths etc),
(e)the function in section 239(1), in relation to a highway which is to be a highway maintainable at the public expense, other than a trunk road,
(f)the functions in section 239(3), (4) and (5), insofar as those functions are exercisable by local authorities in relation to areas within TfN's area,
(g)the functions in section 240(1), (2)(a) and (6), insofar as those functions are exercisable by local authorities in relation to areas within TfN's area,
(h)the functions in section 246(1), (2), (2A) and (5), insofar as those functions are exercisable by local authorities in relation to areas within TfN's area, and
(i)the functions in section 250(1) and (2), insofar as those functions are exercisable by local authorities in relation to areas within TfN's area.
Marginal Citations
M16Section 8(1) was amended by the Infrastructure Act 2015 (c.7), Schedule 1, paragraphs 8(2)(a) and 8(2)(b).
M17Section 24(2) was amended by the Local Government Act 1985 (c.51), section 102 and Schedule 17 and the Infrastructure Act 2015 (c.7), Schedule 1, paragraphs 17(4)(a) and 17(4)(b).
M18Section 25(1) was amended by the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regulation 2 and Schedule 1, Part 1.
M19Section 26(1) was amended by the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regulation 2 and Schedule 1, Part 1 and the Infrastructure Act 2015 (c.7), Schedule 1, paragraphs 2(2)(a) to 2(2)(c).
12. For the purposes of regulations 10 and 11, the following references in the Highways Act 1980 have effect as if they included references to TfN—
(a)the references to the Minister in—
(i)section 6(2) M20, (6) M21, and (8) M22,
(ii)section 10(2)(a)(i) M23,
(b)the references to an “other” highway authority in section 8(3),
(c)the references to a local authority in—
(i)section 25(3), (5) M24 and (6) M25,
(ii)section 26(2) M26, (3) M27 and (3A) M28,
(iii)section 27(1) M29 and (3),
(d)the reference to “Councils” in section 29 M30,
(e)the reference to the Secretary of State in section 105D(1) M31,
(f)the reference to a “local highway authority” in section 247(1) M32,
(g)the references to a highway authority in—
(i)section 247(6),
(ii)section 249(1),
(iii)section 250(1) and (2),
(iv)section 251(1), (2) and (4),
(v)section 252(1), (2) and (4),
(vi)section 260(1),
(vii)section 261(1) M33, (3) M34, (4) M35 and (6),
(viii)section 272(1) M36,
(ix)section 274,
(x)section 282(1) and (3),
(xi)the definition of “proposed highway” in section 329(1) M37,
(h)the references to “the authority” in section 252(3), and
(i)the reference to “the acquiring authority” in section 261(2) M38.
Marginal Citations
M20Section 6(2) was amended by the Infrastructure Act 2015 (c.7), Schedule 1, paragraphs 7(5)(a) and 7(5)(b).
M21Section 6(6) was amended by the Local Government Act 1985 (c.51), Schedule 4, paragraph 4(d) and Schedule 17, the Local Government (Wales) Act (c.19), Schedule 7, paragraphs 2(3)(a) to 2(3)(c) and the Infrastructure Act 2015 (c.7), Schedule 1, paragraph 7(9).
M22Section 6(8) was amended by the Contracting Out (Highway Functions) Order 1995 (S.I. 1995/1986), article 3 and the Infrastructure Act 2015 (c.7), Schedule 1, paragraphs 7(10)(a) and 7(10)(b).
M23Section 10(2)(a)(i) was amended by the New Roads and Street Works Act 1991 (c.22), section 22(2)(a) and the Infrastructure Act 2015 (c.7), Schedule 1, paragraph 10(2).
M24Section 25(5) was amended by the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regulation 2 and Schedule 1, Part 1.
M25Section 25(6) was inserted by the Wildlife and Countryside Act 1981 (c.69), section 64 and amended by the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regulation 2 and Schedule 1, Part 1.
M26Section 26(2) was amended by the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regulation 2 and Schedule 1, Part 1.
M27Section 26(3) was amended by the Infrastructure Act 2015 (c.7), Schedule 1, paragraph 18(3)(a) and 18(3)(b).
M28Section 26(3A) was inserted by the Countryside and Rights of Way Act 2000 (c.37), Schedule 6, paragraph 1 and amended by the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regulation 2 and Schedule 1, Part 1 and the Infrastructure Act 2015 (c.7), Schedule 1, paragraph 18(4).
M29Section 27(1) was amended by the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regulation 2 and Schedule 1, Part 1.
M30Section 29 was amended by the Countryside and Rights of Way Act 2000 (c.37), Schedule 6, paragraph 2.
M31Section 105D(1) was inserted by the Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), regulation 5 and amended by the Infrastructure Act 2015 (c.7), Schedule 1, paragraph 33.
M32Section 247(1) was amended by the Infrastructure Act 2015 (c.7), Schedule 1, paragraph 48.
M33Section 261(1) was amended by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), Schedule 1, paragraph 134.
M34Section 261(3) was amended by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), Schedule 1, paragraph 134.
M35Section 261(4) was amended by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), Schedule 1, paragraph 134.
M36Section 272(1) was amended by the Planning (Consequential Provisions) Act 1990 (c.11), Schedule 2, paragraph 45(16).
M37Section 329(1), to which there are amendments not relevant to these Regulations.
13.—(1) Section 14 of the Highways Act 1980 M39 has effect as if the references to “the highway authority” in subsections (1)(a) and (7) included references to TfN.
(2) An order under section 14 of the Highways Act 1980 in relation to TfN is to be made by the Secretary of State.
Marginal Citations
M39Section 14 was amended by the Water Act 1989 (c.15), section 190 and Schedule 27, Part 1, the Planning Act 2008 (c.29), Schedule 2, paragraph 23 and the Infrastructure Act 2015 (c.7), Schedule 1, paragraphs 12(a) and 12(b).
14. TfN may not exercise the function in section 24(2) of the Highways Act 1980 to construct a new highway unless the manner in which it proposes to exercise the function has been approved by—
(a)each council, within the meaning of section 329(1) of that Act, through whose area the highway is to pass,
(b)the person who is proposed to be the highway authority for the highway (if not a council within the meaning of section 329(1)),
(c)the highway authority for any highway with which the new highway will communicate (if not a council within the meaning of section 329(1)), and
(d)the Secretary of State.
15. TfN may not exercise any other function mentioned in regulation 11 in relation to the area of a local authority unless the manner in which it proposes to exercise the function has been approved by the local authority.
16. Section 36(2) of the Highways Act 1980 M40 has effect as if a highway constructed by TfN were a highway maintainable at the public expense.
Marginal Citations
M40Section 36(2) was amended by the Housing (Consequential Provisions) Act 1985 (c.71), Schedule 2, paragraphs 47(a) and 47(b), the Transport and Works Act 1992 (c.42), sections 64(2), 64(3) and Schedule 4, Part 1, the Planning (Consequential Provisions) Act 1990 (c.11), Schedule 2, paragraph 45(3), the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regulation 2 and Schedule 1, Part 1 and the Countryside and Rights of Way Act 2000 (c.37), Schedule 6, paragraph 5.
17. Section 39 of the Road Traffic Act 1988 M41 (functions in relation to road safety etc) has effect as if TfN were a “relevant authority” for the purposes of subsection (3)(c) of that section (duty to take measures when constructing new roads to reduce the possibility of accidents arising out of the use of vehicles).
Marginal Citations
M411988 c. 52; relevant amending instruments to section 39 are the New Roads and Street Works Act 1991 (c.22), Schedule 8, paragraph 121(3) and the Greater London Authority Act 1999 (c.29), sections 279(3) and 279(4)(a) to 279(4)(c).
18.—(1) The constituent authorities must make a contribution in respect of any reasonably incurred costs of TfN if they all agree on—
(a)the need for a contribution, and
(b)the amount required.
(2) The amount of any contribution under paragraph (1) is to be apportioned between the constituent authorities—
(a)in proportion to the total resident population of the area of each authority at the relevant date as estimated by the Statistics Board M42, or
(b)on such other basis as may be agreed by all the constituent authorities.
(3) For the purposes of paragraph (2) the relevant date in relation to a payment for a financial year is 30th June in the financial year which commenced two years previously.
(4) Each constituent authority may contribute to the costs of TfN individually if it chooses to do so.
Marginal Citations
M42Section 25 of the Statistics and Registration Service Act 2007 (c.18) provides that the Statistics Board is responsible for the functions in section 19 of the Registration Service Act 1953 (c.37).
19.—(1) Section 9(5) of the Transport Act 1968 M43 (power to provide services within passenger transport areas) has effect as if—
(a)after “combined authority area” there were inserted “ or the area of Transport for the North ”, and
(b)after “subsidiary of the Executive,” there were inserted “ or Transport for the North (as the case may be) ”.
(2) Section 1 of the Local Authorities (Goods and Services) Act 1970 M44 has effect as if TfN were a local authority for the purposes of that section.
(3) The following provisions of the Local Government Act 1972 M45 have effect as if TfN were a local authority for the purposes of those provisions—
(a)section 113 (secondment of staff) M46;
(b)section 116 (member of TfN not to be appointed as officer) M47;
(c)section 117 (disclosure by officers of interests in contracts) M48;
(d)section 135 (standing orders for contracts);
(e)section 142(2) (provision of information) M49;
(f)section 222 (power to investigate and defend legal proceedings) M50;
(g)section 239 (power to promote or oppose a local or personal Bill) M51.
(4) Sections 120, 121 and 123 of that Act (acquisition and disposal of land) have effect as if—
(a)TfN were a principal council;
(b)section 120(1)(b) were omitted;
(c)section 121(2)(a) were omitted.
(5) Section 29 of the Localism Act 2011 (registers of interests) has effect as if—
(a)TfN were a relevant authority, and
(b)references to “the monitoring officer” were references to an officer appointed by TfN for the purposes of that section.
(6) In the Local Government Pension Scheme Regulations 2013 M52—
(a)in Schedule 2 (scheme employers), in Part 2 (employers able to designate employees to be in scheme), after paragraph 14 insert—
“15. Transport for the North.”;
(b)in Schedule 3 (administering authorities), in the table in Part 2 (appropriate administering authorities for categories of scheme members), at the end insert—
“An employee of Transport for the North | Tameside Metropolitan Borough Council” |
Marginal Citations
M431968 c. 73; section 9(5) was amended by the Transport Act 1985 (c.67), sections 57(1)(b) and 58(2)(c), the Local Transport Act 2008 (c.26), Schedule 4, paragraph 2, the Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), Schedule 2, paragraph 5 and the Combined Authorities (Consequential Amendments) Order 2014 (S.I. 2014/866), Schedule, paragraph 2(5).
M441970 c. 39; section 1 was amended by the Local Government Act 1972 (c.70), Schedule 30, the Local Government (Scotland) Act 1973 (c.65), Schedule 27, paragraph 195, the Local Government Act 1985 (c.51), sections 1, 102 and 84, Schedule 14, paragraph 47 and Schedule 17, the Education Reform Act 1988 (c.40), sections 231(7), 235(6), 237(2) and Schedule 13, Part 1, the Housing Act 1988 (c.50), section 89(2), the Norfolk and Suffolk Broads Act 1988 (c.4), sections 21, 23(2), 27(2) and Schedule 6, paragraph 8, the Local Government (Wales) Act 1994 (c.19), section 25(8), the Police and Magistrates' Courts Act 1994 (c.29), Schedule 4, paragraph 5, the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 84, the Greater London Authority Act 1999 (c.29), section 388, the Criminal Justice and Police Act 2001 (c.16), Schedule 7, part 5, paragraph 1, the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 13, paragraph 29, the Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), Schedule 1, part 1, paragraph 4(2), the Local Democracy, Economic Development and Construction Act 2009 (c.20), Schedule 6, paragraph 9, the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 94, the Localism Act 2011 (c.20), Schedule 20, paragraph 1 and Schedule 22, paragraph 2, the Deregulation Act 2015 (c.20), Schedule 13, paragraph 6(6) and the Policing and Crime Act 2017 (c.3), Schedule 1, paragraph 22
M46Section 113 was amended by the National Health Service Reorganisation Act 1973 (c.32), Schedule 4, paragraph 151(1), the National Health Service and Community Care Act 1990 (c.19), Schedule 9, paragraph 13, the Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000 (S.I. 2000/90), Schedule 1, paragraph 10(a), the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), Schedule 1, paragraph 7, the Health and Social Care (Community Health and Standards) Act 2003 (c.43), Schedule 4, paragraph 18, the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, paragraph 51(a), the References to Health Authorities Order 2007 (S.I. 2007/961), Schedule, paragraph 8(2), the Health and Social care Act 2012 (c.7), Schedule 5, paragraph 17, Schedule 7, paragraph 3 and Schedule 17, paragraph 3,
M47Section 116 was amended by the Local Government Act 1985 (c.51), section 102 and Schedule 17 and, in relation to England, by the Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001 (S.I. 2001/2237), article 8.
M48Section 117 was amended by the Criminal Justice Act 1982 (c.48), sections 38 and 46.
M49Section 142(2) was amended by the Local Government Act 1986 (c.10), section 3(1).
M50Section 222 was amended by the Greater London Authority Act 1999 (c.29), Schedule 29, paragraph 20 and the Policing and Crime Act 2017 (c.3), Schedule 1, paragraph 26.
M51Section 239 was amended by the Local Government Act 1985 (c.51), Schedule 14, paragraph 32, the Local Government and Public Involvement in Health Act 2007 (c.28), Schedule 13, paragraph 23, the Local Democracy, Economic Development and Construction Act 2009 (c.20), Schedule 6, paragraph 37, the Local Government (Democracy) (Wales) Act 2013 (anaw 4), Schedule 1, paragraph 1(10) and the Deregulation Act 2015 (c.20), Schedule 13, paragraph 6(7)(u).
Signed by authority of the Secretary of State for Transport
Jesse Norman
Parliamentary Under Secretary of State
Department for Transport
22nd January 2018
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