Legislation – The Greater Lincolnshire Combined County Authority Regulations 2025

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PART 7Mayoral functions

Functions exercisable only by the Mayor23.

(1)

The functions of the Combined County Authority set out in the following enactments are general functions exercisable only by the Mayor—

(a)

section 17(3) of the 1985 Act;

(b)

sections 108 (local transport plans), 109 (further provision about plans: England), 112 (plans and strategies: supplementary), 123A (franchising schemes) and 154(1) (grants to bus service operators) of the 2000 Act58;

(c)

section 31 of the 2003 Act;

(d)

section 9(2) of the 2008 Act;

(e)

in relation to the functions conferred by regulation 26 (conferral of Business Rate Supplements functions), the BRS Act;

(f)

sections 197, 199, 200, 202, 204, 214 to 217 and 219 to 221 of, and paragraphs 1 to 4, 6 and 8 of Schedule 21 to, the 2011 Act;

(g)

the power to give a direction about the exercise of an eligible power under regulation 22 (power to direct).

(2)

Any exercise by the Mayor of the general functions mentioned in paragraph (1) which results in a financial liability falling on a constituent council requires the consent of the lead member of that council.

(3)

Any exercise by the Mayor of the functions corresponding to the functions contained in section 17(3) of the 1985 Act (acquisition of land for housing purposes), section 226 of the 1990 Act (compulsory acquisition of land for development and other planning purposes), section 9(2) of the 2008 Act (acquisition of land), and section 197(1) of the 2011 Act (designation of Mayoral development areas) requires the consent of—

(a)

the lead member of 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, and

(b)

each district council whose local government area contains any part of the area to be designated as a Mayoral development area.

(4)

Any exercise by the Mayor of the functions corresponding to the functions contained in section 199(1) of the 2011 Act (exclusion of land from Mayoral development areas) in respect of any Mayoral development area requires the consent of each member of the Combined County Authority designated under paragraph 1(3) of Schedule 1 by a constituent council whose local government area contains any part of the area to be excluded from a Mayoral development area or substitute members acting in place of those members.

(5)

Any exercise by the Mayor of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 Act (functions in relation to town and country planning) in respect of any Mayoral development area requires the consent of—

(a)

the lead members of the Combined County Authority designated under paragraph 1(3) of Schedule 1 to these Regulations by a constituent council whose local government area contains any part of the area to be designated as a Mayoral development area or substitute members acting in place of those members, and

(b)

each district council whose local government area contains any part of the area to be designated as a Mayoral development area.

(6)

In respect of the exercise of the functions conferred by sections 108, 109 and 112 of the 2000 Act—

(a)

the Mayor must consult the Combined County Authority; and

(b)

the members of the Combined County Authority may amend plans made pursuant to sections 108, 109 and 112 of the 2000 Act if agreed by a two thirds majority of the members, or substitute members acting in their place, of the Combined County Authority present and voting on the question at a meeting of the authority.

(7)

For the purpose of paragraphs (2), (3)(a), (4), (5)(a) and (6) of this regulation the consent must be given at a meeting of the Combined County Authority.

(8)

For the purposes of the exercise of the general functions mentioned in paragraph (1) the members and officers of the Combined County Authority may assist the Mayor in the exercise of the functions.

(9)

For the purposes of the exercise of the general functions mentioned in paragraph (1) the Mayor may do anything that the Combined County Authority may do under section 49 of the 2023 Act (general power of CCA).