Legislation – The North East Mayoral Combined Authority (Establishment and Functions) Order 2024

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PART 7Housing, regeneration and planning

Conferral of functions corresponding to functions that the Homes and Communities Agency has in relation to the Combined Area34.

(1)

The functions of the Homes and Communities Agency (“HCA”)66 which are specified in the following provisions of the 2008 Act, as applied in accordance with article 36(4), are exercisable by the Combined Authority in relation to the Combined 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 11 (main powers in relation to acquired land);

(h)

section 12 (powers in relation to, and for, statutory undertakers);

(i)

section 19 (power to give financial assistance);

(j)

paragraphs 19 and 20 (powers in relation to burial grounds and consecrated land etc.) of Schedule 3 (main powers in relation to land acquired by the HCA); and

(k)

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 (powers in relation to, and for, statutory undertakers).

(2)

The Combined Authority must exercise the functions described 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 Combined Area;

(b)

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

(c)

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

(d)

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

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

(3)

The functions described in the provisions specified in paragraph (1) are—

(a)

exercisable concurrently with the HCA; and

(b)

subject to Schedules 2 (acquisition of land) and 3 (main powers in relation to land acquired by the HCA) to the 2008 Act.

(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.

(5)

The exercise of the function referred to in paragraph (1)(e) requires the consent of a Constituent Council Member appointed by a constituent council whose area contains any part of the land in relation to which the function is to be exercised.