PART 5Transport
Local Transport13
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 198555;
b
the functions of the constituent councils as local transport authorities specified in Part 2 (local transport) of the 2000 Act.
2
Subject to paragraph (3), the functions mentioned in paragraph (1) are exercisable by the Combined Authority instead of by the constituent councils.
3
The functions described in section 108(1)(b), (2ZA) and (3B), and section 109(4) of the 2000 Act56 are exercisable by the Combined Authority concurrently with the constituent councils, subject to the modifications set out in paragraph (4).
4
The modifications 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); and
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).
Agreements between authorities and strategic highways companies14
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)57;
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)58.
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 functions are to be exercised.
Civil enforcement of road traffic contraventions15
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 Enforcement Area comprising the civil enforcement areas of the constituent councils—
a
Part 6 (civil enforcement of road traffic contraventions) of, and paragraphs 9 and 10 of Schedule 8 (civil enforcement areas and enforcement authorities outside Greater London)59, to the TM Act;
b
the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 202260; and
c
the Civil Enforcement of Road Traffic Contraventions (Representation and Appeals) Regulations 202261.
2
The functions mentioned in paragraph (1) are exercisable by the Combined Authority (in relation to the Enforcement Area) concurrently with each constituent council (in relation to its civil enforcement area).
3
In this article—
a
“civil enforcement area” means an area designated as a civil enforcement area under Schedule 8 to the TM Act (civil enforcement areas and enforcement authorities) which falls within the Area;
b
“Enforcement Area” means the area comprising all of the civil enforcement areas of the constituent councils; and
c
“enforcement authority” means an enforcement authority for the purposes of Part 6 of the TM Act pursuant to paragraph 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.
Grants to bus service operators16
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 has effect as if the words “with the approval of the Treasury” were omitted.
3
Grants made by virtue of the functions 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; and
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.
Traffic regulation17
1
The functions of the constituent councils as local traffic authorities specified in the following provisions of the 1984 Act are exercisable by the Combined Authority in relation to the Area—
a
section 1 (traffic regulation orders outside Greater London)62;
b
section 2 (what a traffic regulation order may provide)63;
c
section 9 (experimental traffic orders)64.
2
The functions specified in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.
3
Part 1 of, and Schedule 9 to, the 1984 Act apply in relation to the exercise by the Combined Authority of the functions specified in paragraph (1) as they apply in relation to the exercise by the constituent councils as local traffic authorities of those functions.
4
The 1996 Regulations apply in relation to orders made or proposed to be made by the Combined Authority in exercise of the functions specified in paragraph (1) as they apply in relation to orders made or proposed to be made by the constituent councils in exercise of those functions.
5
For the purposes of paragraph (4), references in the 1996 Regulations to an “order making authority” are to be read as including references to the Combined Authority.
6
In this article—
a
“the 1996 Regulations” means the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 199665; and
b
“local traffic authority” has the meaning given by section 121A66 of the 1984 Act.
7
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.
Transport functions related to traffic signs and pedestrian crossings18
1
The functions of the constituent councils as local traffic authorities specified in the following provisions of the 1984 Act are exercisable by the Combined Authority in relation to the Area—
a
section 23 (pedestrian crossings)67; and
b
section 65 (placing of traffic signs)68.
2
The functions specified in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.
3
In consequence of sub-paragraphs (a) and (b) of paragraph (1), the Combined Authority, in the discharge of the functions conferred on it by those provisions—
a
is to be treated as a highway authority for the purposes of sections 62 and 278 of the 1980 Act69; and
b
is to be treated as a local traffic authority for the roads in relation to which the functions are exercised.
4
In this article, “local traffic authority” has the meaning given by section 121A of the 1984 Act.
5
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.
Apparatus affected by highway, bridge or transport works19
1
The functions of the constituent councils as highway authorities specified in the following enactments are exercisable by the Combined Authority in relation to the Area—
a
sections 83, 84 and 85 of the 1991 Act70; and
b
the 2000 Regulations.
2
The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.
3
The 2000 Regulations apply in relation to the sharing of costs of diversionary works between the Combined Authority and undertakers as they apply in relation to the sharing of costs of diversionary works between a constituent council and undertakers.
4
For the purposes of paragraph (3), references in the 2000 Regulations to an authority are to be read as including references to the Combined Authority.
5
In this article—
a
“the 1991 Act” means the New Roads and Street Works Act 199171;
b
“the 2000 Regulations” means the Street Works (Sharing of Costs of Works) (England) Regulations 200072;
c
“diversionary works” has the meaning given by regulation 2(1) of the 2000 Regulations; and
d
“undertaker” has the same meaning as in sections 48(4) and (5) (streets, street works and undertakers) and 89(4) (public sewers, sewer authorities and related matters) of the 1991 Act73.
6
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.
Permit schemes20
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)74;
b
section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)75; and
c
section 36 (variation and revocation of permit schemes)76.
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 200777.
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.
Lane rental schemes21
1
The functions of the constituent councils approved as Approved Authorities that are specified in the 2012 Regulations are exercisable by the Combined Authority in relation to the Area.
2
The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent council.
3
The 2012 Regulations apply in relation to the operation of lane rental schemes by the Combined Authority as they apply in relation to the operation of lane rental schemes by a constituent council that is an Approved Authority.
4
For the purposes of paragraph (3), references in the 2012 Regulations to an Authorised Authority are to be read as including references to the Combined Authority.
5
In this article—
a
“Approved Authority” has the same meaning as in regulation 2 of the 2012 Regulations;
b
“lane rental scheme” means a scheme whereby an undertaker executing street works in a maintainable highway is required to pay to the highway authority a charge determined by reference to the duration of the works; and
c
“the 2012 Regulations” means the Street Works Charges for Occupation of the Highway (England) Regulations 201278.
6
The Combined Authority may not exercise the functions conferred by paragraph (1) unless —
a
all of the constituent councils are Approved Authorities; and
b
each constituent council in whose area it is proposed that the functions are to be exercised has consented—
i
to the exercise of those functions; and
ii
to the exercise of the functions specified in article 20 (permit schemes) pursuant to paragraph (8) of that article.
Power to pay grant22
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 paragraph (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 in question has sufficient funds to facilitate the effective discharge of those functions.
5
To comply with paragraph (4), the Combined Authority must take into account any other sources of funding available to the constituent council in question 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 specified 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
in subsections (3) and (4), the references to the person paying it (the grant) were references to the Combined Authority;
d
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.
Amendment of the Sub-national Transport Body (Transport for the North) Regulations 201823
1
The Sub-national Transport Body (Transport for the North) Regulations 201879 are amended in accordance with paragraph (2).
2
In regulation 2(1) (interpretation) in the definition of “constituent authorities”—
a
omit “The Council of the City of York” and “North Yorkshire Council”; and
b
after “Westmorland and Furness Council80”, insert “The York and North Yorkshire Combined Authority”
.