The functions of or relating to the Homes and Communities Agency (“the HCA”) which are specified in the following provisions of the 2008 Act as applied by article 17(3) are to be functions of or relating to the Combined Authority that are exercisable in relation to the Area—

(a)

section 5 (powers to provide housing or other land);

(b)

section 6 (powers for regeneration, development or effective use of land);

(c)

section 7 (powers in relation to infrastructure);

(d)

section 8 (powers to deal with land etc);

(e)

section 9 (acquisition of land);

(f)

section 10 (restrictions on disposal of land);

(g)

section 19 (power to give financial assistance);

(h)

paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc);

(i)

paragraphs 1, 2, 3, 4, 6 (extinguishment or removal powers for the HCA), 10 (counternotices) and 20 (notification of proposal to make order) of Schedule 4.

(2)

The Combined Authority must exercise the functions set out in the provisions specified in paragraph (1) for the purposes of, or for purposes incidental to the objectives of—

(a)

improving the supply and quality of housing in the Area;

(b)

securing the regeneration or development of land or infrastructure in the Area;

(c)

supporting in other ways the creation, regeneration or development of communities in the Area or their continued well-being;

(d)

contributing to the achievement of sustainable development and good design in the Area,

with a view to meeting the needs of people living in the Area.

(3)

The functions described in the provisions specified in paragraph (1) are exercisable concurrently with the HCA.

(4)

In paragraph (2) “good design” and “needs” have the meanings given by section 2(2) of the 2008 Act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

Acquisition and appropriation of land for planning and public purposes16.

(1)

The functions of the constituent councils specified in the following provisions as applied by article 17(1) and (2) are exercisable by the Combined Authority in relation to the Area—

(a)

section 8 of the 1985 Act (periodical review of housing needs)32;

(b)

section 11 of the 1985 Act (provision of board and laundry facilities)33;

(c)

section 12 of the 1985 Act (provision of shops, recreation grounds, etc)34;

(d)

section 17 of the 1985 Act (acquisition of land for housing purposes)35;

(e)

section 18 of the 1985 Act (duties with respect to buildings acquired for housing purposes);

(f)

section 226 of the 1990 Act (compulsory acquisition of land for development and other planning purposes)36;

(g)

section 227 of the 1990 Act (acquisition of land by agreement);

(h)

section 229 of the 1990 Act (appropriation of land forming part of common, etc);

(i)

section 230(1)(a) of the 1990 Act (acquisition of land for purposes of exchange);

(j)

section 232 of the 1990 Act (appropriation of land held for planning purposes);

(k)

section 233 of the 1990 Act (disposal by local authorities of land held for planning purposes)37;

(l)

section 235 of the 1990 Act (development of land held for planning purposes);

(m)

section 236 of the 1990 Act (extinguishment of rights over land compulsorily acquired)38;

(n)

section 238 of the 1990 Act (use and development of consecrated land)39;

(o)

section 239 of the 1990 Act (use and development of burial grounds);

(p)

section 241 of the 1990 Act (use and development of open spaces).

(2)

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

Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act17.

(1)

For the purposes of sub-paragraphs (a) to (e) of article 16(1), the Combined Authority is to be treated as a local housing authority for the Area40 and acts of a local housing authority that is not the Combined Authority may be taken to be acts of the Combined Authority for these purposes.

(2)

Part 9 of the 1990 Act (acquisition and appropriation of land for planning purposes, etc) applies in relation to the Combined Authority, and land which has been vested in or acquired by the Combined Authority for planning and public purposes, as it applies to a constituent council and land which has been vested in or acquired by a constituent council for planning and public purposes.

(3)

Chapters 1 and 2 of Part 1 of, section 19 of and Schedules 2 to 4 to, the 2008 Act apply in relation to the powers of the Combined Authority to acquire land for housing and infrastructure as they apply to the HCA and land acquired by the HCA with the modifications made by Parts 1 and 2 of Schedule 3 to this Order (Modifications of the 2008 Act).