Legislation – The East Midlands Combined County Authority Regulations 2024

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Introduction

PART 1
General

1 Citation and commencement

2 Interpretation

PART 2
Establishment of a combined county authority for East Midlands

3 Establishment

4 Constitution

PART 3
Election of Mayor

5 Election of Mayor

6 Political adviser

PART 4
Housing, regeneration and planning

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

8 Acquisition and appropriation of land for planning and public purposes

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

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

PART 5
Mayoral development corporation

11 Mayoral development corporation

12 Application of provisions in the 2011 Act

13 Mayoral development corporation: incidental provisions

PART 6
Transport

14 Local transport functions under the Transport Act 1985

15 Local transport functions under the Transport Act 2000

16 Agreements between authorities and strategic highways companies

17 Civil enforcement of road traffic contraventions

18 Workplace parking levy

19 Grants to bus service operators

20 Permit schemes

21 Power to pay grant

PART 7
Health functions

22 Public health functions

23 Duty to have regard to documents and guidance

24 Application of section 75 of the 2006 Act

25 Duty to have regard to NHS Constitution

PART 8
Mayoral functions

26 Functions exercisable only by the Mayor

27 Joint committees

PART 9
Funding

28 Funding

29 Conferral of Business Rate Supplements functions

30 Application of BRS Act in consequence of regulation 30

PART 10
Additional functions

31 Assessment of economic conditions

32 Data sharing

33 Incidental provisions

34 (1) The Combined County Authority has the power to exercise…

35 Section 13 of the 1989 Act (voting rights of members…

36 In Part 2 of Schedule 3 (pension funds) to the…

SCHEDULES

SCHEDULE 1 Constitution

SCHEDULE 2

SCHEDULE 3 Modification of the application of Part 8 of the 2011 Act

SCHEDULE 4 Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004

Signature

Explanatory note

PART 1General

Citation and commencement1.

(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.

Interpretation2.

In these Regulations—

“the 1980 Act” means the Highways Act 19803;
“the 1985 Act” means the Housing Act 19854;
“the 1989 Act” means the Local Government and Housing Act 19895;
“the 1990 Act” means the Town and Country Planning Act 19906;
“the 1999 Act” means the Greater London Authority Act 19997;
“the 2000 Act” means the Transport Act 20008;
“the 2003 Act” means the Local Government Act 20039;
“the 2004 Act” means the Traffic Management Act 200410;
“the 2006 Act” means the National Health Service Act 200611;
“the 2008 Act” means the Housing and Regeneration Act 200812;
“the 2011 Act” means the Localism Act 201113;
“the 2023 Act” means the Levelling-up and Regeneration Act 202314;

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

“the BRS Act” means the Business Rate Supplements Act 200915;

“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 Act16;
“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 198317;

“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.

16

Section 1 was amended by the Local Government Act 1985 (c. 51), paragraph 1 of Schedule 4 and Schedule 17, the New Roads and Street Works Act 1991 (c. 22), section 21(2), the Local Government (Wales) Act 1994 (c. 19), paragraph 1(2) and (3) of Schedule 7, the Greater London Authority Act 1999, section 259(1) to (3) and the Infrastructure Act 2015 (c. 7), paragraph 2 of Schedule 7. Section 2 was amended by the New Roads and Street Works Act 1991, section 21(3), the Greater London Authority Act 1999, section 259(4) and (5) and the Infrastructure Act 2015, paragraph 3 of Schedule 7. Section 3 was amended by the Infrastructure Act 2015, paragraph 4 of Schedule 7. Section 329(1) was amended by the Infrastructure Act 2015, paragraph 60(2) of Schedule 1. There are other amendments to section 329 that are not relevant to these Regulations.

17

1983 c. 2. Section 37 was amended by section 18(2) of the Representation of the People Act 1985 (c. 50), renumbered by paragraph 5 of Schedule 3 to the Greater London Authority Act 1999 (c. 29), and further amended by section 6(16) of the Wales Act 2017 (c. 4) and by S.I. 2018/1310.