F1[F1PART 5AE+WSUB-NATIONAL TRANSPORT BODIES

SupplementaryE+W

102SIncidental etc provisionE+W

(1)The Secretary of State may by regulations make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, regulations under this Part or for giving full effect to such regulations.

(2)Regulations under this Part may make different provision for different STBs or otherwise for different purposes.

(3)The provision which may be included by virtue of this section in regulations includes provision for the transfer under the regulations of property, rights and liabilities.

(4)The provision which may be included by virtue of subsection (3) in regulations includes provision—

(a)for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred under the regulations;

(b)for the management or custody of transferred property;

(c)for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement.

(5)The provision which may be included by virtue of this section in regulations includes provision amending, modifying, repealing or revoking any enactment, whenever passed or made.

(6)In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

102TProcedure for regulations under this PartE+W

(1)Regulations under this Part must be made by statutory instrument.

(2)A statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3)At the same time as laying a draft of a statutory instrument containing regulations under this Part before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.

(4)Subsections (2) and (3) do not apply to a statutory instrument that contains regulations only of the following kinds—

(a)regulations under section 102J that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time;

(b)regulations under section 102J that make provision under subsection (5)(b) of that section;

(c)regulations under section 102K that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time;

(d)regulations under section 102K that make provision under subsection (5)(b) of that section;

(e)regulations under section 102O(1) that make provision for the purpose mentioned in section 102O(4)(b);

(f)regulations under section 102O(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose.

(5)A statutory instrument to which subsections (2) and (3) do not apply is subject to annulment by resolution of either House of Parliament.

(6)If a draft of regulations under this Part would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

102UInterpretationE+W

In this Part—

• “combined authority” means a body established as a combined authority under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• “constituent authority”, in relation to an STB, has the meaning given by section 102F(4);

• [F2“combined county authority” means a body established as a combined county authority under section 9(1) of the Levelling-up and Regeneration Act 2023;]

• “ITA” means an Integrated Transport Authority for an integrated transport area in England;

• “Passenger Transport Executive” means a body which is such an Executive for the purposes of Part 2 of the Transport Act 1968;

• “relevant authority” has the meaning given by section 102E(5);

• “STB” has the meaning given by section 102E(2);

• “transport functions” means any statutory functions relating to transport;

• “transport strategy” has the meaning given by section 102I(11);

• “unitary district council” means a district council whose area is not part of the area of a county council.]