The Devon and Torbay Combined County Authority Regulations 2025

PART 1 General

Citation and commencement

1.—(1) These Regulations may be cited as the Devon and Torbay Combined County Authority Regulations 2025.

(2) These Regulations come into force on the day after the day on which they are made.

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 2004 Act” means the Traffic Management Act 2004(5);

“the 2008 Act” means the Housing and Regeneration Act 2008(6);

“the 2023 Act” means the Levelling-up and Regeneration Act 2023(7);

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

“Combined County Authority” means the Devon and Torbay Combined County Authority as constituted by regulation 3;

“constituent councils” means the councils for the local government areas(8) of Devon and Torbay;

“district councils” means East Devon District Council, Exeter City Council, Mid Devon District Council, North Devon Council, South Hams District Council, Teignbridge District Council, Torridge District Council and West Devon Borough Council;

“the HCA” has the meaning given in regulation 5(1);

“highway authority” and “local highway authority” have the same meaning as in sections 1 to 3 and 329(1) of the 1980 Act(9);

“the transition period” means the period beginning with the day on which these Regulations come into force and ending with 31st March 2026.

PART 2 Establishment of a combined county authority for Devon and Torbay

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 Devon and Torbay Combined County Authority.

(3) The functions of the Combined County Authority are those functions conferred or imposed upon it by or under these Regulations or 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 makes provision about the constitution of the Combined County Authority.

PART 3 Housing, regeneration and planning

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

5.—(1) The functions of or relating to the Homes and Communities Agency (referred to for the purposes of this Part and Schedule 2 as “the HCA”) which are specified in the following provisions of the 2008 Act as applied by regulation 8(3) are to be functions of or relating to 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 19 (financial assistance);

(h) paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc.);

(i) 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 set out 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;

(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 exercisable concurrently with the HCA.

(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.

Acquisition and appropriation of land for planning and public purposes

6.—(1) The functions of the constituent councils and of the district councils specified in the following provisions as applied by regulation 8(2) to (4) are exercisable by the Combined County Authority in relation to the Area—

(a) section 8 of the 1985 Act (periodical review of housing needs)(10);

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

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

(d) section 17 of the 1985 Act (acquisition of land for housing purposes)(13);

(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)(14);

(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)(15);

(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)(16);

(n) section 238 of the 1990 Act (use and development of consecrated land)(17);

(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.

Condition on the exercise of the functions conferred by regulations 5 and 6

7.—(1) The exercise of the functions conferred by regulations 5 and 6 in relation to 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 (see paragraph 1(2) of Schedule 1) of the Combined County Authority appointed by 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;

(c) the Dartmoor National Park Authority if the Combined County Authority proposes to exercise the functions in respect of any part of the area of the Dartmoor National Park;

(d) the Exmoor National Park Authority if the Combined County Authority proposes to exercise the functions in respect of any part of the area of the Exmoor National Park.

(2) Consent required under paragraph (1)(a) must be given at a meeting of the Combined County Authority.

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

8.—(1) For the purposes of regulation 6(1)(a) to 6(1)(e) the Combined County Authority is to be treated as a local housing authority for the Area(18) and acts of a local housing authority that is not the Combined County Authority may be taken to be acts of the Combined County Authority for these purposes.

(2) 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.

(3) Chapters 1 and 2 of Part 1 of, section 19 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.

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

PART 4 Transport

Local transport functions under the Transport Act 1985

9.—(1) The functions of the constituent councils specified in Parts 4 (local passenger transport services) and 5 (financial provisions) of the Transport Act 1985(19) are exercisable by the Combined County Authority in relation to the Area.

(2) Subject to paragraphs (3) and (4), the functions specified in paragraph (1) are exercisable by the Combined County Authority instead of by the constituent councils.

(3) During the transition period the functions specified in paragraph (1) are exercisable by the Combined County Authority concurrently with the constituent councils.

(4) During the transition period the functions contained in section 88 (expenditure on public passenger transport services) of the Transport Act 1985(20) are only exercisable with 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

10.—(1) The functions of the constituent councils as local transport authorities specified in Part 2 (local transport) of the Transport Act 2000(21) are exercisable by the Combined County Authority in relation to the Area.

(2) Subject to paragraphs (3) and (4), the functions specified in paragraph (1) are exercisable by the Combined County Authority instead of by the constituent councils.

(3) During the transition period the functions specified in paragraph (1) are exercisable by the Combined County Authority concurrently with the constituent councils.

(4) The functions conferred on the Combined County Authority by paragraph (1) 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 Transport Act 2000;

(b) in section 108(3B), the reference to “their plan” is a reference to the local transport plan prepared under section 108(3);

(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).

Agreements between authorities and strategic highways companies

11.—(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)(22);

(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)(23).

(2) The functions conferred by 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

12.—(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 the 2004 Act, insofar as it applies to a civil enforcement area designated under paragraphs 9 (designation of civil enforcement areas for bus lane contraventions) or 10 (designation of civil enforcement areas for moving traffic contraventions) of Schedule 8 (civil enforcement areas and enforcement authorities outside Greater London) to that Act;

(b) the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022(24);

(c) the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022(25).

(2) The functions referred to in paragraph (1) 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—

“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;

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

“enforcement authority” means an enforcement authority for the purposes of Part 6 of the 2004 Act pursuant to paragraph 9(4) or 10(5) of Schedule 8 to that Act.

Permit schemes

13.—(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)(26);

(b) section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)(27);

(c) section 36 (variation and revocation of permit schemes)(28).

(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 3 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—

“the 2007 Regulations” means the Traffic Management Permit Scheme (England) Regulations 2007(29);

“Permit Authority” has the same meaning as in regulation 2(1) of the 2007 Regulations;

“permit scheme” is to be construed in accordance with section 32 of the 2004 Act (meaning of “permit scheme”).

Power to pay grant

14.—(1) The functions of a Minister of the Crown specified in section 31 (power to pay grant) of the Local Government Act 2003(30) 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 that council’s 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 Local Government Act 2003 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) 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 5 Additional functions

Assessment of economic conditions

15.—(1) The functions of the constituent councils established in section 69 of the Local Democracy, Economic Development and Construction Act 2009 (duty to prepare an assessment of economic conditions)(31) 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.

General power of competence in relation to economic development and regeneration

16.—(1) The functions of the constituent councils under section 1 of the Localism Act 2011(32), to the extent that those functions are exercisable for the purpose of economic development and regeneration, 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.

Data sharing

17.—(1) The functions of the constituent councils described in section 17A of the Crime and Disorder Act 1998 (sharing of information)(33) 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)(34).

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

Incidental provisions

18.  The following provisions of the Local Government Act 1972(35) 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)(36);

(b) section 142(2) (power to arrange for publication of information etc relating to the functions of the authority)(37);

(c) section 144 (power to encourage visitors and provide conference and other facilities)(38);

(d) section 145 (provision of entertainments)(39);

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

19.—(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)(40) 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.

20.  Section 13 of the 1989 Act (voting rights of members of certain committees)(41) 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 Devon and Torbay 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) a member of one of the constituent councils as defined by regulation 2 of the Devon and Torbay Combined County Authority Regulations 2025, or

(b) a non-constituent member of the Combined County Authority, as defined by regulation 2 of the Devon and Torbay Combined County Authority Regulations 2025, and the Combined County Authority has resolved under section 11(4) of the Levelling-up and Regeneration Act 2023 that the person is to be a voting member of that committee or sub-committee.”.

21.  In Part 2 of Schedule 3 (pension funds) to the Local Government Pension Scheme Regulations 2013(42) in the table insert at the end—

“An employee of the Devon and Torbay Combined County Authority established by the Devon and Torbay Combined County Authority Regulations 2025

Devon County Council”.

PART 6 Funding

Funding, including levy funding

22.—(1) Subject to paragraphs (4) 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) The amount payable by each of the constituent councils is to be determined by apportioning the costs of the Combined County Authority referred to in paragraph (1) between the constituent councils in such proportions as they may agree or, in default of such agreement, in proportion to the total resident population at the relevant date of the area of each council concerned as estimated by the Statistics Board.

(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 prior to the current financial year.

(4) 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(43) and in accordance with Regulations made thereunder(44).

(5) The costs of the Combined County Authority incurred in the exercise of functions under regulation 19(1) of these Regulations must be met by the constituent councils in accordance with section 88(2) of the Local Government Act 1985, as if the reference to the requirements of a scheme in that subsection were a reference to a requirement under these Regulations to fund those functions.

(6) For the purposes of this regulation “financial year” means the period of 12 months ending with 31st March in any year.

Jim McMahon

Minister of State

Ministry of Housing, Communities and Local Government

4th February 2025