Legislation – The East Midlands Combined County Authority Regulations 2024

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 10Additional functions

Assessment of economic conditions

31. (1)

The functions of the constituent councils in section 69 of the Local Democracy, Economic Development and Construction Act 2009 (duty to prepare an assessment of economic conditions)70 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.

(4)

Section 69 of the Local Democracy, Economic Development and Construction Act 2009 applies to the Combined County Authority as it applies to a constituent council.

32. (1)

The functions of the constituent councils described in section 17A of the Crime and Disorder Act 1998 (sharing of information)71 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)72.

(3)

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

Incidental provisions

33.

The following provisions of the Local Government Act 1972 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)73;

(b)

section 142(2) (power to arrange for publication of information etc relating to the functions of the authority)74;

(c)

section 144 (power to encourage visitors and provide conference and other facilities)75;

(d)

section 145 (provision of entertainments)76;

(e)

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

34. (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)77 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.

35.

Section 13 of the 1989 Act (voting rights of members of certain committees)78 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 East Midlands 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 member of one of the constituent councils as defined by regulation 2 of the East Midlands Combined County Authority Regulations 2024 F1or is a non-constituent member subject to a resolution under section 11(4) of the Levelling-up and Regeneration Act 2023.”.

36.

In Part 2 of Schedule 3 (pension funds) to the Local Government Pension Scheme Regulations 201379 in the table insert at the end—

“An employee of the East Midlands Combined County Authority established by the East Midlands Combined County Authority Regulations 2024

Nottinghamshire County Council”.