The East Midlands Combined County Authority Regulations 2024

PART 1 General

Citation and commencement

1.—(1) These Regulations may be cited as the East Midlands Combined County Authority Regulations 2024.

(2) Save as provided in paragraph (3) these Regulations come into force on the day after the day on which they are made.

(3) Part 8 of these Regulations comes into force on 7th May 2024.

Interpretation

2.  In these Regulations—

“the 1980 Act” means the Highways Act 1980(1);

“the 1985 Act” means the Housing Act 1985(2);

“the 1989 Act” means the Local Government and Housing Act 1989(3);

“the 1990 Act” means the Town and Country Planning Act 1990(4);

“the 1999 Act” means the Greater London Authority Act 1999(5);

“the 2000 Act” means the Transport Act 2000(6);

“the 2003 Act” means the Local Government Act 2003(7);

“the 2004 Act” means the Traffic Management Act 2004(8);

“the 2006 Act” means the National Health Service Act 2006(9);

“the 2008 Act” means the Housing and Regeneration Act 2008(10);

“the 2011 Act” means the Localism Act 2011(11);

“the 2023 Act” means the Levelling-up and Regeneration Act 2023(12);

“the Area” means the area consisting of the areas of the constituent councils;

“the BRS Act” means the Business Rate Supplements Act 2009(13);

“the Combined County Authority” means the East Midlands Combined County Authority as constituted by regulation 3;

“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, as modified by Schedule 3, following the designation of an area of land by the Combined County Authority;

“constituent councils” means the councils for the local government areas of Derby City, Derbyshire, Nottingham and Nottinghamshire;

“district councils” means the councils for the local government areas of Amber Valley, Ashfield, Bassetlaw, Bolsover, Broxtowe, Chesterfield, Derbyshire Dales, Erewash, Gedling, High Peak, Mansfield, Newark and Sherwood, North East Derbyshire, Rushcliffe and South Derbyshire;

“election for the return of the mayor” means an election held pursuant to regulation 5 of these Regulations;

“highway authority” and “local highway authority” have the same meaning as in sections 1 to 3 and 329(1) of the 1980 Act(14);

“the ordinary day of election”, in relation to any year means the day which is the ordinary day of election in that year of councillors for counties in England and districts as determined in accordance with section 37 of the Representation of the People Act 1983(15);

“Mayor” means the mayor for the Area, except in the term “Mayor of London”; and

“the transition period” means the period beginning with the day on which this regulation comes into force and ending with 31st March 2026.

PART 2 Establishment of a combined county authority for East Midlands

Establishment

3.—(1) There is established a combined county authority for the Area.

(2) The combined county authority is to be a body corporate and is to be known as the East Midlands Combined County Authority.

(3) The functions of the Combined County Authority are those functions conferred or imposed upon it by these Regulations or by any other enactment (whenever passed or made), or as may be delegated to it by or under these Regulations or any other enactment (whenever passed or made).

Constitution

4.  Schedule 1 (which makes provision about the constitution of the Combined County Authority) has effect.

PART 3 Election of Mayor

Election of Mayor

5.—(1) There is to be a mayor for the Area.

(2) The first election for the return of a mayor for the Area is to take place on 2nd May 2024.

(3) Subsequent elections for the return of a mayor for the Area are to take place—

(a) on the ordinary day of election in 2028, and

(b) in every fourth year thereafter on the same day as the ordinary day of election.

(4) The term of office of the mayor returned at an election in 2024 for the return of a mayor for the Area—

(a) begins with 7th May 2024, and

(b) ends with the third day after the day of the poll at the next election for the return of a mayor for the Area.

(5) The term of office of the Mayor returned in each subsequent fourth year—

(a) begins with the fourth day after the day of the poll at the election for the return of the Mayor for the Area; and

(b) ends with the third day after the day of the poll at the next election for the return of the Mayor for the Area.

Political adviser

6.—(1) The Mayor may appoint one person as the Mayor’s political adviser.

(2) Any appointment under paragraph (1) is an appointment as an employee of the Combined County Authority.

(3) No appointment under paragraph (1) may extend beyond—

(a) the term of office for which the Mayor who made the appointment was elected; or

(b) where the Mayor who made the appointment ceases to be the Mayor before the end of the term of office for which the Mayor was elected, the date on which the Mayor ceases to hold that office.

(4) A person appointed under paragraph (1) is to be regarded for the purposes of Part 1 of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under a local authority.

(5) Section 9(1), (8), (9) and (11) of the 1989 Act (assistants for political groups)(16), apply in relation to an appointment under paragraph (1) as if—

(a) any appointment to that post were the appointment of a person in pursuance of that section; and

(b) the Combined County Authority were a relevant authority for the purposes of that section.

(6) Subsection (3) of section 9 of the 1989 Act applies in relation to an appointment under paragraph (1) as if the words from “and that the appointment terminates” to the end of that subsection were omitted.

PART 4 Housing, regeneration and planning

Conferral of functions corresponding to functions that the HCA has in relation to the Area

7.—(1) The functions of the Homes and Communities Agency (“ HCA”) which are specified in the following provisions of the 2008 Act are to be functions of the Combined County Authority that are exercisable in relation to the Area—

(a) section 5 (powers to provide housing or other land);

(b) section 6 (powers for regeneration, development or effective use of land);

(c) section 7 (powers in relation to infrastructure);

(d) section 8 (powers to deal with land etc);

(e) section 9 (acquisition of land);

(f) section 10 (restrictions on disposal of land);

(g) section 11 (main powers in relation to acquired land)(17);

(h) section 12 (powers in relation to, and for, statutory undertakers);

(i) paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc), and

(j) paragraphs 1, 2, 3, 4, 6 (extinguishment or removal powers for the HCA), 10 (counter-notices) and 20 (notification of proposal to make order) of Schedule 4.

(2) The Combined County Authority must exercise the functions described in the provisions specified in paragraph (1) for the purposes of, or for purposes incidental to, the objectives of —

(a) improving the supply and quality of housing in the Area;

(b) securing the regeneration or development of land or infrastructure in the Area;

(c) supporting in other ways the creation, regeneration or development of communities in the Area or their continued well-being; and

(d) contributing to the achievement of sustainable development and good design in the Area,

with a view to meeting the needs of people living in the Area.

(3) The functions described in the provisions specified in paragraph (1) are—

(a) exercisable concurrently with the HCA; and

(b) subject to Schedules 2 (acquisition of land) and 3 (main powers in relation to land acquired by the HCA) to the 2008 Act.

(4) In paragraph (2) “good design” and “needs” have the meanings given by section 2(2) of the 2008 Act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

(5) The exercise of the function in section 9(2) of the 2008 Act referred to in sub-paragraph (e) of paragraph (1) is subject to the condition set out in regulation 9 (condition on the exercise of the functions conferred by regulations 7 and 8).

Acquisition and appropriation of land for planning and public purposes

8.—(1) The functions of the constituent councils and of the district councils specified in the following provisions as applied by regulation 10(2) to (5) are exercisable by the Combined County Authority in relation to the Area—

(a) section 8 of the 1985 Act (periodical review of housing needs)(18);

(b) section 11 of the 1985 Act (provision of board and laundry facilities)(19);

(c) section 12 of the 1985 Act (provision of shops, recreation grounds, etc)(20);

(d) section 17 of the 1985 Act (acquisition of land for housing purposes)(21);

(e) section 18 of the 1985 Act (duties with respect to buildings acquired for housing purposes);

(f) section 226 of the 1990 Act (compulsory acquisition of land for development and other planning purposes)(22);

(g) section 227 of the 1990 Act (acquisition of land by agreement);

(h) section 229 of the 1990 Act (appropriation of land forming part of common, etc);

(i) section 230(1)(a) of the 1990 Act (acquisition of land for purposes of exchange);

(j) section 232 of the 1990 Act (appropriation of land held for planning purposes);

(k) section 233 of the 1990 Act (disposal by local authorities of land held for planning purposes)(23);

(l) section 235 of the 1990 Act (development of land held for planning purposes);

(m) section 236 of the 1990 Act (extinguishment of rights over land compulsorily acquired)(24);

(n) section 238 of the 1990 Act (use and development of consecrated land);

(o) section 239 of the 1990 Act (use and development of burial grounds);

(p) section 241 of the 1990 Act (use and development of open spaces).

(2) The functions specified in paragraph (1) are exercisable concurrently with the constituent councils and with the district councils.

(3) The exercise of the functions referred to in sub-paragraphs (d) and (f) of paragraph (1) are subject to the condition set out in regulation 9.

Condition on the exercise of the functions conferred by regulations 7 and 8

9.  The exercise of the functions conferred by regulations 7 and 8 in section 17 of the 1985 Act (insofar as this function is exercised for the compulsory purchase of land), section 9(2) of the 2008 Act and section 226 of the 1990 Act by the Combined County Authority requires the consent of—

(a) the lead member for any constituent council whose area contains any part of the land subject to the proposed compulsory acquisition, or a substitute member acting in place of such a member;

(b) each district council whose local government area contains any part of the land subject to the proposed compulsory acquisition; and

(c) the Peak District National Park Authority if the Combined County Authority proposes to exercise the functions in respect of the whole or any part of the area of the Peak District National Park,

to be provided at a meeting of the Combined County Authority.

Application of certain provisions of the 1985 Act, the 1990 Act and the 2008 Act

10.—(1) This regulation has effect in consequence of regulations 7 and 8.

(2) The provisions set out in section 17 of the 1985 Act (acquisition of land for housing purposes) apply to the Combined County Authority as they apply to a local housing authority within the meaning of section 1 of the 1985 Act.

(3) For the purposes of regulation 8(1)(o) and (p) the Combined County Authority is to be treated as a local housing authority for the Area(25).

(4) Part 9 of the 1990 Act (acquisition and appropriation of land for planning purposes, etc) applies in relation to the Combined County Authority and land which has been vested in or acquired by the Combined County Authority for planning and public purposes as it applies to a local planning authority and land vested in or acquired by a local planning authority for planning and public purposes.

(5) Chapters 1 and 2 of Part 1 of, and Schedules 2 to 4 to, the 2008 Act apply in relation to the powers of the Combined County Authority to acquire land for housing and infrastructure as they apply to the HCA and land acquired by the HCA with the modifications made by Parts 1 and 2 of Schedule 2 to these Regulations.

(6) In this regulation “local planning authority” has the meaning given by section 336(1) of the 1990 Act.

PART 5 Mayoral development corporation

Mayoral development corporation

11.—(1) The Combined County Authority has, in relation to the Area, functions corresponding to the functions described in the provisions in the 2011 Act referred to in paragraph (2) that the Mayor of London has in relation to Greater London.

(2) The provisions in the 2011 Act referred to in paragraph (1) are—

(a) section 197 (designation of Mayoral development areas);

(b) section 199 (exclusion of land from Mayoral development areas);

(c) section 200 (transfers of property etc to a Mayoral development corporation)(26);

(d) section 202 (functions in relation to town and country planning);

(e) section 204 (removal or restriction of planning functions);

(f) section 214 (powers in relation to discretionary relief from non-domestic rates);

(g) section 215 (reviews);

(h) section 216 (transfers of property, rights and liabilities)(27);

(i) section 217 (dissolution: final steps);

(j) section 219 (guidance by the Mayor);

(k) section 220 (directions by the Mayor);

(l) section 221 (consents);

(m) paragraph 1 of Schedule 21 (membership);

(n) paragraph 2 of Schedule 21 (terms of appointment of members);

(o) paragraph 3 of Schedule 21 (staff);

(p) paragraph 4 of Schedule 21 (remuneration etc: members and staff);

(q) paragraph 6 of Schedule 21 (committees); and

(r) paragraph 8 of Schedule 21 (proceedings and meetings).

Application of provisions in the 2011 Act

12.—(1) Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined County Authority as it applies in relation to the Mayor of London, with the modifications made by Schedule 3.

(2) Chapter 2 of Part 8 of the 2011 Act applies in relation to a Corporation as it applies in relation to a Mayoral development corporation, with the modifications made by Schedule 3.

(3) Subject to paragraph (6), in any enactment (whenever passed or made)—

(a) any reference to a Mayoral development corporation; or

(b) any reference which falls to be read as a reference to a Mayoral development corporation,

is to be treated as including a reference to a Corporation.

(4) For the purposes of any transfer scheme relating to a Corporation under any provisions of the 2011 Act applied with modifications by these Regulations, paragraph 9 of Schedule 24 to the 2011 Act (transfers under scheme under section 17, 200(1) or (4) or 216(1)) applies in relation to—

(a) any property, rights or liabilities transferred to or from a Corporation in accordance with a transfer scheme; or

(b) anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a Corporation in accordance with such a transfer scheme,

as it applies in relation to a Mayoral development corporation.

(5) For the purposes of establishing a Corporation, giving the Corporation a name, giving effect to any decisions notified to the Secretary of State under sections 199(4) (exclusion of land from Mayoral development areas), 202(8) (decisions about planning functions), or 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 Act or in relation to the transfer of land to or from a Corporation under any provision of the 2011 Act, applied with modifications by these Regulations, section 235 of the 2011 Act (orders and regulations) applies in relation to—

(a) the power of a Minister of the Crown to make an order under sections 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a Mayoral development corporation) of that Act; and

(b) the power of the Treasury to make regulations under paragraph 9(2) of Schedule 24 to that Act,

as it applies in relation to the establishment of a Mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the Secretary of State (under sections 199(4), 202(8) and 214(6) of the 2011 Act) or in relation to the transfer of land to or from a Mayoral development corporation.

(6) Paragraph (3) does not apply to—

(a) paragraph 9(8)(a) of Schedule 2 to the Channel Tunnel Rail Link Act 1996 (works: further and supplementary provisions)(28);

(b) section 31(1A) of the 1999 Act (limits of the general power)(29);

(c) section 38 of the 1999 Act (delegation)(30);

(d) section 60A(3) of the 1999 Act (confirmation hearings etc for certain appointments by the Mayor)(31);

(e) section 68(6) of the 1999 Act (disqualification and political restriction)(32);

(f) section 73 of the 1999 Act (monitoring officer)(33);

(g) section 403B of the 1999 Act (acquisition of land by MDC and TfL for shared purposes)(34);

(h) section 424 of the 1999 Act (interpretation)(35);

(i) section 24(4) of the Planning and Compulsory Purchase Act 2004 (conformity with spatial development strategy)(36); and

(j) paragraph 8(8)(a) of Schedule 2 to the Crossrail Act 2008 (works: further and supplementary provisions)(37).

(7) In this regulation “transfer scheme” means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 Act.

Mayoral development corporation: incidental provisions

13.—(1) The following provisions of the 1989 Act apply in relation to a Corporation as if it were a local authority—

(a) section 1 (disqualification and political restriction of certain officers and staff)(38), and

(b) sections 2 and 3A (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of section 1.

(2) Section 5 of the 1989 Act (designation and reports of monitoring officer)(39) applies in relation to the Combined County Authority as if a Corporation were a committee of the Combined County Authority.

(3) Section 32 of the 2003 Act applies in relation to expenditure of a Corporation as if—

(a) each reference to a functional body were a reference to a Corporation;

(b) each reference to the Greater London Authority were a reference to the Combined County Authority;

(c) each reference to the Mayor of London were a reference to the Mayor; and

(d) subsection (7) were omitted.

PART 6 Transport

Local transport functions under the Transport Act 1985

14.—(1) The functions of the constituent councils specified in Parts 4 (local passenger transport services) and 5 (financial provisions) of the Transport Act 1985(40) are exercisable by the Combined County Authority in relation to the Area.

(2) Subject to paragraph (3), the functions specified in—

(a) sections 57 to 62; and

(b) sections 80 to 87,

of the Transport Act 1985 are exercisable by the Combined County Authority instead of by the constituent councils.

(3) During the transition period the functions mentioned in paragraph (2) are exercisable by the Combined County Authority concurrently with the constituent councils.

(4) Subject to paragraph (5), the functions specified in—

(a) sections 63 and 64;

(b) sections 65 to 71;

(c) sections 72 to 76;

(d) sections 78 and 79;

(e) sections 88 to 92;

(f) sections 93 to 101;

(g) sections 103 to 105; and

(h) sections 106 and 106A(41),

of the Transport Act 1985 are exercisable by the Combined County Authority concurrently with the constituent councils.

(5) Any exercise of the functions mentioned in paragraph (4)(a), (d) and (f) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.

Local transport functions under the Transport Act 2000

15.—(1) The functions of the constituent councils as local transport authorities specified in Part 2 of the 2000 Act (local transport) are exercisable by the Combined County Authority in relation to the Area.

(2) Subject to paragraphs (3) to (5), the functions specified in—

(a) sections 108 and 109(42);

(b) sections 112 and 113;

(c) sections 113C to 123(43);

(d) sections 123A to 123X(44);

(e) sections 138A to 143B(45); and

(f) sections 152 to 162,

of the 2000 Act are exercisable by the Combined County Authority instead of by the constituent councils.

(3) During the transition period—

(a) the exercise of the functions mentioned in paragraph (2)(a) and (b) by the Combined County Authority requires a unanimous vote in favour by all members of the Combined County Authority appointed by the constituent councils, or substitute members acting in place of those members, to be carried at a meeting of the Combined County Authority;

(b) the functions mentioned in paragraph (2)(c) to (f) are exercisable by the Combined County Authority concurrently with the constituent councils.

(4) The functions mentioned in paragraph (2)(a) and (b) are subject to the following modifications—

(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;

(b) in section 108(3B), the reference to “their plan” is a reference to the local transport plan prepared under section 108(3); 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 County Authority by paragraph (1) of this regulation.

(5) Any exercise of the functions mentioned in paragraph (2)(d) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.

(6) The functions specified in—

(a) sections 134C to 138(46);

(b) section 145A(47);

(c) section 146; and

(d) sections 148 to 150,

of the 2000 Act, are exercisable by the Combined County Authority concurrently with the constituent councils.

Agreements between authorities and strategic highways companies

16.—(1) The following functions are exercisable by the Combined County 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)(48);

(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)(49).

(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 contraventions

17.—(1) The functions of the constituent councils as enforcement authorities specified in the following enactments are exercisable by the Combined County Authority in relation to the enforcement area—

(a) Part 6 (civil enforcement of road traffic contraventions) of, and paragraph 10 (designation of civil enforcement areas for moving traffic contraventions) of Schedule 8 (civil enforcement areas and enforcement authorities outside Greater London) to, the 2004 Act;

(b) the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022(50);

(c) the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022(51).

(2) The functions are exercisable by the Combined County Authority (in relation to the enforcement area) concurrently with each constituent council (in relation to its civil enforcement area).

(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.

(4) In this regulation—

(a) “civil enforcement area” means an area designated as a civil enforcement area under Part 2 of Schedule 8 to the 2004 Act (civil enforcement areas and enforcement authorities outside Greater London) which falls within the Area;

(b) “enforcement area” means the area comprising the civil enforcement areas of the constituent councils;

(c) “enforcement authority” means an enforcement authority for the purposes of Part 6 of the 2004 Act pursuant to paragraph 10(5) of Schedule 8 to that Act.

Workplace parking levy

18.—(1) The functions of the constituent councils as licensing authorities specified in the following enactments are exercisable by the Combined County Authority in relation to the Area—

(a) Chapters 2 and 3 of Part 3 of the 2000 Act (workplace parking levy);

(b) the Workplace Parking Levy (England) Regulations 2009(52).

(2) The functions mentioned in paragraph (1) are exercisable by the Combined County Authority 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 function is to be exercised.

(4) In paragraph (1), “licensing authority” has the meaning given by section 178(6)(a) of the 2000 Act (preliminary).

Grants to bus service operators

19.—(1) Subject to paragraphs (2) to (4), the function of the Secretary of State set out in section 154(1) of the 2000 Act (grants to bus service operators) is exercisable by the Combined County Authority in relation to the Area.

(2) For the purpose of paragraph (1), section 154 of the 2000 Act has effect as if—

(a) in subsection (1), “with the approval of the Treasury (as respects England)” were omitted; and

(b) in subsection (3), for “with the approval of the Treasury (as respects England)” there were substituted “and notified to the Combined County Authority”.

(3) Grants made under paragraph (1) must be 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.

(4) Grants must not be made under 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 paragraph (4), “eligible bus services” has the meaning given by section 154(5) of the 2000 Act.

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)(53);

(b) section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)(54);

(c) section 36 (variation and revocation of permit schemes)(55).

(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(56);

(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”).

Power to pay grant

21.—(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 County Authority that are exercisable in relation to the Area.

(2) The functions are exercisable by the Combined County Authority concurrently with a Minister of the Crown.

(3) Paragraph (4) applies where, further to the exercise of any function referred to in paragraph (1), the Combined County 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 the amount referred to in paragraph (3), the Combined County Authority must have regard to the desirability of ensuring that the constituent council has sufficient funds to facilitate the effective discharge of the functions referred to in paragraph (3).

(5) To comply with paragraph (4), the Combined County Authority must take into account any other sources of funding available to the constituent council 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 County 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 County 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 the grant were references to the Combined County Authority;

(d) subsection (6) were omitted.

(7) In this regulation “highway functions” means functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority.

PART 7 Health functions

Public health functions

22.—(1) Section 2B(1) of the 2006 Act (functions of local authorities and Secretary of State as to improvement of public health)(57) applies to the Combined County Authority as it applies to the constituent councils.

(2) The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.

Duty to have regard to documents and guidance

23.  Subsection (1) of section 73B of the 2006 Act (exercise of public health functions of local authorities: further provision)(58) applies to the Combined County Authority as it applies to the constituent councils in the exercise of the functions mentioned in subsection (2) of that section.

Application of section 75 of the 2006 Act

24.—(1) Save as provided by section 75(7G) to (7J)(59), section 75 of the 2006 Act (arrangements between NHS bodies and local authorities), and regulations made under that section before the coming into force of these Regulations, apply to the Combined County Authority in the exercise of its public health functions as those provisions apply to the constituent councils.

(2) But where the Combined County Authority enters into prescribed arrangements by virtue of section 75(7I) and (7J) of the 2006 Act, and is thus treated as an NHS body in relation to those prescribed arrangements, it may not enter into those same prescribed arrangements in relation to the exercise of its public health functions, unless, and to the extent that, it is permitted to do so by regulations made under section 75(1) of the 2006 Act.

(3) In this regulation—

(a) “NHS body” is to be construed in accordance with sections 75(8) and 275 of the 2006 Act (60);

(b) “prescribed arrangements” is to be construed in accordance with section 75 of the 2006 Act;

(c) “public health functions” means functions exercisable by virtue of regulation 22 of these Regulations.

Duty to have regard to NHS Constitution

25.—(1) Section 2(1) of the Health Act 2009 (duty to have regard to NHS Constitution)(61) applies to the Combined County Authority in the exercise of any health service function as it applies to the constituent councils in the exercise of any health service function.

(2) In paragraph (1), “health service function” has the meaning given by section 2(3) of the Health Act 2009(62).

PART 8 Mayoral functions

Functions exercisable only by the Mayor

26.—(1) The functions of the Combined County Authority set out in the following enactments are general functions exercisable only by the Mayor—

(a) section 17(3) of the 1985 Act;

(b) sections 108 (local transport plans), 109 (further provision about plans: England), 112 (plans and strategies: supplementary) and 154(1) (grants to bus service operators) of the 2000 Act(63);

(c) section 31 of the 2003 Act;

(d) section 9(2) of the 2008 Act;

(e) in relation to the functions conferred by regulation 29 (conferral of Business Rate Supplements functions), the BRS Act;

(f) sections 197, 199, 200, 202, 204, 214 to 217 and 219 to 221 of, and paragraphs 1 to 4, 6 and 8 of Schedule 21 to, the 2011 Act.

(2) Any exercise by the Mayor of the general functions mentioned in paragraph (1) which results in a financial liability falling on a constituent council requires the consent of the lead member of that council.

(3) The Combined County Authority may agree with the Mayor consent requirements relating to the exercise by the Mayor of the general functions mentioned in paragraph (1).

(4) Any exercise by the Mayor of the functions corresponding to the functions contained in section 17(3) of the 1985 Act (acquisition of land for housing purposes), section 226 of the 1990 Act (compulsory acquisition of land for development and other planning purposes), section 9(2) of the 2008 Act (acquisition of land), and section 197(1) of the 2011 Act (designation of Mayoral development areas) requires the consent of—

(a) the lead member of any constituent council whose area contains any part of the land subject to the proposed compulsory acquisition, or a substitute member acting in place of such a member,

(b) each district council whose local government area contains any part of the area to be designated as a Mayoral development area, and

(c) the Peak District National Park Authority if the Mayor proposes to exercise the function in respect of the whole or any part of the area of the Peak District National Park.

(5) Any exercise by the Mayor of the functions corresponding to the functions contained in section 199(1) of the 2011 Act (exclusion of land from Mayoral development areas) in respect of any Mayoral development area requires the consent of each member of the Combined County Authority designated under paragraph 1(3) of Schedule 1 by a constituent council whose local government area contains any part of the area to be excluded from a Mayoral development area or substitute members acting in place of those members.

(6) Any exercise by the Mayor of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 Act (functions in relation to town and country planning) in respect of any Mayoral development area requires the consent of—

(a) the lead members of the Combined County Authority designated under paragraph 1(3) of Schedule 1 by a constituent council whose local government area contains any part of the area to be designated as a Mayoral development area or substitute members acting in place of those members,

(b) each district council whose local government area contains any part of the area to be designated as a Mayoral development area, and

(c) the Peak District National Park Authority if the Mayor proposes to exercise the functions in respect of the whole or any part of the area of the Peak District National Park.

(7) In respect of the exercise of the functions conferred by sections 108, 109 and 112 of the 2000 Act—

(a) the Mayor must consult the Combined County Authority; and

(b) the members of the Combined County Authority may amend plans made pursuant to sections 108, 109 and 112 of the 2000 Act if agreed by a two thirds majority of the members, or substitute members acting in their place, of the Combined County Authority present and voting on the question at a meeting of the authority.

(8) For the purpose of paragraphs (2), (4)(a), (5), (6)(a) and (7) the consent must be given at a meeting of the Combined County Authority.

(9) For the purposes of the exercise of the general functions mentioned in paragraph (1) the members and officers may assist the Mayor in the exercise of the functions.

(10) For the purposes of the exercise of the general functions mentioned in paragraph (1) the Mayor may do anything that the Combined County Authority may do under section 49 of the 2023 Act (general power of CCA).

(11) The Mayor must not make arrangements under section 30(3)(b) of the 2023 Act (functions of mayors: general) for a political adviser appointed under regulation 6 to exercise the functions specified in paragraph (1).

Joint committees

27.—(1) The Mayor may enter into arrangements jointly with the Combined County Authority, the constituent councils and other councils in accordance with section 101(5) of the Local Government Act 1972(64) for the discharge of the general functions of the Combined County Authority which are exercisable only by the Mayor pursuant to regulation 26.

(2) In this regulation “other council” means the council for a county or district in England.

PART 9 Funding

Funding

28.—(1) Subject to paragraphs (2) and (5), the constituent councils must ensure that the costs of the Combined County Authority reasonably attributable to the exercise of its functions are met.

(2) Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of the functions referred to in regulation 26(1), to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined County Authority.

(3) Any amount payable by each of the constituent councils in accordance with paragraphs (1) and (2) is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in equal proportions.

(4) In relation to the expenditure mentioned in paragraph (2)—

(a) to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (3)—

(i) the Mayor must agree with the Combined County Authority the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure, and

(ii) in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred;

(b) any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992(65) is to be disregarded from any calculation of the costs of the expenditure.

(5) The costs of the Combined County Authority reasonably attributable to the exercise of its functions relating to transport may be met by means of a levy issued by the Combined County Authority to the constituent councils under section 74 of the Local Government Finance Act 1988(66) and in accordance with the Transport Levying Bodies Regulations 1992(67).

Conferral of Business Rate Supplements functions

29.  The Combined County Authority has, in relation to the Area, functions corresponding to the functions conferred on the Greater London Authority in relation to Greater London by the BRS Act, except for the functions conferred by section 3(5) (use of money raised by a BRS) of that Act.

Application of BRS Act in consequence of regulation 30

30.  For the purposes of regulation 29, the BRS Act applies to the Combined County Authority as if —

(a) references to the Greater London Authority in section 2(1) (levying authorities) and in section 5(2) (prospectus) of the BRS Act included references to the Combined County Authority;

(b) references in that Act to a lower-tier authority were, in relation to the Combined County Authority, references to a district council.

PART 10 Additional functions

Assessment of economic conditions

31.—(1) The functions of the constituent councils in section 69 of the Local Democracy, Economic Development and Construction Act 2009 (duty to prepare an assessment of economic conditions)(68) are exercisable by the Combined County Authority in relation to the Area.

(2) The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.

(3) Any requirement in any enactment for a constituent council to exercise any of the functions referred to in paragraph (1) may be fulfilled by the exercise of that function by the Combined County Authority.

(4) Section 69 of the Local Democracy, Economic Development and Construction Act 2009 applies to the Combined County Authority as it applies to a constituent council.

Data sharing

32.—(1) The functions of the constituent councils described in section 17A of the Crime and Disorder Act 1998 (sharing of information)(69) are exercisable by the Combined County Authority in relation to the Area.

(2) The Combined County Authority is a relevant authority for the purposes of section 115 of the Crime and Disorder Act 1998 (disclosure of information)(70).

(3) The functions mentioned in paragraph (1) are exercisable concurrently with the constituent councils.

Incidental provisions

33.  The following provisions of the Local Government Act 1972 have effect in relation to the Combined County Authority as if it were a local authority—

(a) section 113 (power to place staff at the disposal of other local authorities)(71);

(b) section 142(2) (power to arrange for publication of information etc relating to the functions of the authority)(72);

(c) section 144 (power to encourage visitors and provide conference and other facilities)(73);

(d) section 145 (provision of entertainments)(74);

(e) section 222 (power to prosecute and defend legal proceedings).

34.—(1) The Combined County Authority has the power to exercise any of the functions described in subsection (1)(a) and (b) of section 88 of the Local Government Act 1985 (research and collection of information)(75) whether or not a scheme is made under that section.

(2) For the purposes of paragraph (1), section 88(1) of the Local Government Act 1985 has effect as if a reference to “that area” were a reference to the Area.

35.  Section 13 of the 1989 Act (voting rights of members of certain committees)(76) has effect in relation to the Combined County Authority as if—

(a) in subsection (4), after paragraph (h) there were inserted—

“(i) subject to subsection (4A), a committee appointed by the East Midlands Combined County Authority;”;

(b) after subsection (4) there were inserted—

“(4A) A person who is a member of a committee falling within paragraph (i) of subsection (4) or a sub-committee appointed by such a committee is for all purposes to be treated as a non-voting member of that committee or sub-committee unless that person is a member of one of the constituent councils as defined by regulation 2 of the East Midlands Combined County Authority Regulations 2024.”.

36.  In Part 2 of Schedule 3 (pension funds) to the Local Government Pension Scheme Regulations 2013(77) in the table insert at the end—

“An employee of the East Midlands Combined County Authority established by the East Midlands Combined County Authority Regulations 2024

Nottinghamshire County Council”.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Jacob Young

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

27th February 2024