Legislation – The East Midlands Combined County Authority Regulations 2024

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PART 6Transport

Power to pay grant21.

(1)

The functions of a Minister of the Crown specified in section 31 of the 2003 Act (power to pay grant) 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 its 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 2003 Act 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)

in subsections (3) and (4), the references to the person paying the grant were references to the Combined County Authority;

(d)

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.