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Local Democracy, Economic Development and Construction Act 2009

Status:

This is the original version (as it was originally enacted).

104Constitution and functions: transport

This section has no associated Explanatory Notes

(1)The Secretary of State may by order make in relation to a combined authority any provision that may be made in relation to an Integrated Transport Authority (an “ITA”) under the following provisions of the Local Transport Act 2008 (c. 26)—

(a)section 84 (constitutional arrangements);

(b)section 86 (delegation of functions of the Secretary of State);

(c)section 87 (delegation of local authority functions);

(d)section 88 (conferral of a power to direct).

(2)Section 85 of that Act (provision about membership of an ITA) applies to—

(a)an order under subsection (1)(a) of this section, and

(b)the combined authority to whom that order applies,

as it applies to an order under section 84 of that Act and the ITA to whom that order applies.

(3)The following provisions of that Act apply in relation to a combined authority on whom functions of a kind described in section 88 of that Act are conferred as they apply in relation to an ITA on whom such functions are conferred—

(a)section 88(10) (provisions about directions);

(b)section 89(2) and (3) (power to remedy contravention of direction).

(4)Section 97 of that Act (change of name of ITA) applies to a combined authority as it applies to an ITA.

(5)The Secretary of State may by order transfer functions of an ITA to a combined authority.

(6)An order under subsection (5) may only be made in relation to functions exercisable by the ITA in relation to an area that becomes, or becomes part of, the combined authority’s area by virtue of an order under this Part.

(7)The Secretary of State may by order provide for any function that is conferred or imposed on a Passenger Transport Executive by any enactment (whenever passed or made) to be exercisable by a combined authority or the executive body of a combined authority in relation to the combined authority’s area.

(8)An order under subsection (7) may make provision for any function that—

(a)is conferred or imposed on an ITA by any enactment (whenever passed or made), and

(b)relates to the functions of a Passenger Transport Executive,

to be exercisable by a combined authority in relation to the combined authority’s area.

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