The West Midlands Combined Authority (Functions and Amendment) Order 2017
| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/510 |
| Year | 2017 |
2017 No. 510
Local Government, England
Transport, England
The West Midlands Combined Authority (Functions and Amendment) Order 2017
Made 30th March 2017
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104(1)(a), 105(1) and (3), 105A(1)(a) and (b), (2)(a) and (3)(b), 107D(1), (5) and (7)(a) to (e), 113A, 114 and 117(5) of the Local Democracy, Economic Development and Construction Act 20091(“the 2009 Act”).
The Secretary of State, having regard to a scheme prepared and published under section 112 of the 2009 Act2, considers that—
(a) the making of this Order is likely to improve the exercise of statutory functions in the combined area to which this Order relates, and
(b) any consultation required by section 113(2) of the 2009 Act3has been carried out.
In making this Order, the Secretary of State has had regard to the need to reflect the identities and interests of local communities, and to secure effective and convenient local government4.
In accordance with sections 104(10), 105(3A), 105B(2) and 107D(9) of the 2009 Act5the West Midlands Combined Authority and the councils whose areas are comprised in the area of that combined authority have consented to the making of this Order.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) of the 2009 Act.
In accordance with section 105B(9) of the 2009 Act the Secretary of State has laid before Parliament a report explaining the effect of this Order and why the Secretary of State considers it appropriate to make this Order.
Accordingly, the Secretary of State makes the following Order:
PART 1
General
Citation and commencement
1.—(1) This Order may be cited as the West Midlands Combined Authority (Functions and Amendment) Order 2017.
(2) Save as provided in paragraph (3) this Order comes into force on 8th May 2017.
(3) Article 24(3)(d)(ii) comes into force on the day after the day on which this Order is made.
Interpretation
2. In this Order—
“the 1980 Act” means the Highways Act 19806;
“the 1988 Act” means the Road Traffic Act 19887;
“the 1989 Act” means the Local Government and Housing Act 19898;
“the 1991 Act” means the New Roads and Street Works Act 19919;
“the 1997 Act” means the Road Traffic Reduction Act 199710;
“the 1999 Act” means the Greater London Authority Act 199911;
“the 2000 Act” means the Transport Act 200012;
“the 2003 Act” means the Local Government Act 200313;
“the 2004 Act” means the Traffic Management Act 200414;
“the 2008 Act” means the Housing and Regeneration Act 200815;
“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;
“the 2011 Act” means the Localism Act 201116;
“the 2016 Order” means the West Midlands Combined Authority Order 201617;
“combined area” means the combined area of the Combined Authority;
“the Combined Authority” means the West Midlands Combined Authority, a body corporate established by the 2016 Order18;
“Combined Authority roads” means the highways specified in Schedule 1;
“constituent council” means the councils for the local government areas of Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton;
“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, with the modifications made by Schedule 4, following the designation of an area of land by the Combined Authority;
“the HCA” means the Homes and Communities Agency19; and
“the Mayor” means the mayor for the combined area, except where the context otherwise requires20.
PART 2
Transport
Power to pay grant
3.—(1) The functions of a Minister of the Crown21specified in section 31 of the 2003 Act (power to pay grant) are functions of the Combined Authority that are exercisable in relation to the combined 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 paragraphs (1) and (2), 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 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 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 referred to in paragraphs (1) and (2), section 31 of the 2003 Act has effect as if—
(a)
(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)
(b) subsection (2) were omitted;
(c)
(c) in subsections (3) and (4), the references to the person paying it (the grant) were references to the Combined Authority;
(d)
(d) subsection (6) were omitted.
(7) In this article “highway functions” means the functions which are exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority.
Agreements between authorities and strategic highways companies
4.—(1) 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)22are exercisable by the Combined Authority in relation to the combined area.
(2) 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)23are exercisable by the Combined Authority in relation to Combined Authority roads.
(3) The functions referred to in paragraphs (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.
(4) In this article “local highway authority” has the meaning given by section 329(1) of the 1980 Act24.
Promoting road safety
5.—(1) The functions of the constituent councils specified in section 39(2) and (3) of the 1988 Act (duties of local authorities in relation to measures designed to promote road safety and studies into vehicular accidents arising, etc)25are exercisable by the Combined Authority in relation to the combined area.
(2) The functions are exercisable by the Combined Authority concurrently with the constituent councils.
Bus lane contraventions
6.—(1) The functions of the constituent councils in relation to each of their civil enforcement areas are exercisable by the Combined Authority in relation to the Enforcement Area.
(2) The functions 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) For the purposes of this article, the Combined Authority is to be treated as an approved local authority26for the Enforcement Area, and references in the 2005 Regulations to an approved local authority or to the combined area of such an authority are to be construed accordingly.
(4) In this article—
(a)
(a) “the 2005 Regulations” means the Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 200527;
(b)
(b) “civil enforcement area” means an area falling within Schedule 8 to the Traffic Management Act 2004 (civil enforcement areas and enforcement authorities)28and which falls within a constituent council’s area;
(c)
(c) “Enforcement Area” means the area comprising the civil enforcement areas of the constituent councils.
Road traffic reduction
7.—(1) The functions of the constituent councils as principal councils specified in section 2 of the 1997 Act (duty of principal councils to make reports) are exercisable by the Combined Authority in relation to Combined Authority roads.
(2) Subject to paragraph (3), the functions are exercisable by the Combined Authority instead of by the constituent councils.
(3) The Combined Authority must consult the constituent councils before exercising the functions mentioned in paragraph (1).
(4) In this article “principal council” has the meaning given by section 1 of the 1997 Act29.
Permit schemes
8.—(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 Authority in relation to Combined Authority roads—
(a)
(a) section 33 (preparation of permit schemes)30;
(b)
(b) section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)31; and
(c)
(c) section 36 (variation and revocation of permit schemes)32.
(2) The functions of the constituent councils as permit authorities specified in the 2007 Regulations are exercisable by the Combined Authority in relation to Combined Authority roads.
(3) The functions mentioned in paragraph (1) and (2) are exercisable by the Combined Authority concurrently...
To continue reading
Request your trial