Legislation – The Devon and Torbay Combined County Authority Regulations 2025

The Devon and Torbay Combined County Authority Regulations 2025, Section 14 is up to date with all changes known to be in force on or before 13 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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PART 4Transport

Power to pay grant14.

(1)

The functions of a Minister of the Crown specified in section 31 (power to pay grant) of the Local Government Act 200331 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 that council’s 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 Local Government Act 2003 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)

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.