The functions of or relating to the Homes and Communities Agency (referred to for the purposes of this Part and Schedule 2 as “the HCA”) which are specified in the following provisions of the 2008 Act, as applied by regulation 8(3), are to be functions of or relating to the Combined County 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 (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 (counter-notices) and 20 (notification of proposal to make order) of Schedule 4.

(2)

The Combined County 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 purposes6.

(1)

The functions of the constituent councils and of the district councils specified in the following provisions as applied by regulation 8(2) to (4) are exercisable by the Combined County Authority in relation to the Area—

(a)

section 8 of the 1985 Act (periodical review of housing needs)14;

(b)

section 11 of the 1985 Act (provision of board and laundry facilities)15;

(c)

section 12 of the 1985 Act (provision of shops, recreation grounds, etc)16;

(d)

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

(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)18;

(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)19;

(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)20;

(n)

section 238 of the 1990 Act (use and development of consecrated land)21;

(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 specified in paragraph (1) are exercisable concurrently with the constituent councils and with the district councils.

Condition on the exercise of the functions conferred by regulations 5 and 67.

(1)

The exercise of the functions conferred by regulations 5 and 6 in relation to section 17 of the 1985 Act (insofar as this function is exercised for the compulsory purchase of land), section 9(2) of the 2008 Act and section 226 of the 1990 Act by the Combined County Authority requires the consent of—

(a)

the member of the Combined County Authority appointed by any constituent council whose area contains any part of the land subject to the proposed compulsory acquisition, or a substitute member acting in place of such a member,

(b)

each district council whose local government area contains any part of the land subject to the proposed compulsory acquisition, and

(c)

the Yorkshire Dales National Park Authority if the Combined County Authority proposes to exercise the functions in respect of any part of the area of the Yorkshire Dales National Park.

(2)

Consent required under paragraph (1)(a) must be given at a meeting of the Combined County Authority.

Application of certain provisions of the 1985 Act, the 1990 Act and the 2008 Act8.

(1)

For the purposes of regulation 6(1)(a) to 6(1)(e) the Combined County Authority is to be treated as a local housing authority for the Area22 and acts of a local housing authority that is not the Combined County Authority may be taken to be acts of the Combined County 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 County Authority and land which has been vested in or acquired by the Combined County Authority for planning and public purposes as it applies to a local planning authority and land vested in or acquired by a local planning authority 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 County 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 2 to these Regulations.

(4)

In this regulation “local planning authority” has the meaning given by section 336(1) of the 1990 Act.