The North East Mayoral Combined Authority (Establishment and Functions) Order 2024

Permit schemes

22.—(1) The functions of the constituent councils as local highway authorities specified in the following provisions of the TMA are exercisable by the Combined Authority in relation to the Combined 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); and

(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 Authority in relation to the Combined Area.

(3) The functions mentioned in paragraphs (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.

(4) Part 3 of the TMA (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, subject to the modifications in Part 2 of Schedule 2.

(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.

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

(b) “local highway authority” has the meaning given by section 329(1) of the 1980 Act;

(c) “permit authority” has the same meaning as in regulation 2(1) of the 2007 Regulations;

(d) “permit scheme” is to be construed in accordance with section 32 of the TMA.

(8) The exercise of the functions referred to in paragraphs (1) and (2) requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

(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.