(This note is not part of the Regulations)
These Regulations establish the Devon and Torbay Combined County Authority (“the Combined County Authority”) and provide for the conferral of functions of local authorities and other public authorities on the Combined County Authority.
Part 2 of the Levelling-up and Regeneration Act 2023 (c. 55) (“the 2023 Act”) provides for the establishment of Combined County Authorities for the areas of two or more local authorities in England. Combined County Authorities are bodies corporate which may be given power to exercise specified functions in their area.
The Secretary of State may establish a Combined County Authority for an area where a proposal for such an authority has been submitted under section 45 of the 2023 Act. These Regulations have been made following the publication of such a proposal in May 2024 by the constituent councils whose areas together make up the combined area of the new authority. The proposal is available at: https://www.devontorbaydeal.org.uk Part 2 of these Regulations establishes the new Combined County Authority and makes provision for its constitution (in Schedule 1).
Part 3 confers on the Combined County Authority functions in relation to housing and regeneration which are to be exercised concurrently with the Homes and Communities Agency (also known as “Homes England”). It also makes provision about the acquisition and appropriation of land for planning and public purposes and sets out conditions on the exercise of various functions. Regulation 8 and Schedule 2 apply and modify relevant provisions in legislation.
Part 4 confers on the Combined County Authority functions relating to transport. It transfers functions relating to local transport planning and public transport from the local authorities to the Combined County Authority and makes provision for specified highways and traffic powers held by the local authorities to be exercised concurrently by the Combined County Authority.
Part 5 confers additional functions to be exercisable by the Combined County Authority concurrently with the constituent councils, including functions relating to economic assessments and data sharing.
Part 6 makes provision for the funding, by the constituent councils, of those costs of the Combined County Authority that relate to the exercise of its functions. Regulation 22 provides for the apportionment of such funding between the constituent councils and that the Combined County Authority is to have, in relation to its transport functions, the power to issue a levy under section 74 of the Local Government Finance Act 1988, in accordance with the Transport Levying Bodies Regulations 1992.
A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of the business and voluntary sectors. The impact on the public sector is that conferring functions on the Combined County Authority should lead to operational efficiencies that could lead to reduced costs.