The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014

PART 3Transport

Abolition and transfer of functions etc.

6.—(1) The Tyne and Wear integrated transport area is dissolved and the ITA is abolished.

(2) On the abolition of the ITA—

(a)its functions; and

(b)its property, rights and liabilities,

are transferred to the Combined Authority.

Adaptation of enactments — integrated transport authority

7.—(1) This article has effect in consequence of article 6.

(2) In any enactment (whenever passed or made)—

(a)any reference to an integrated transport area; or

(b)any reference which falls to be read as a reference to such an area,

is to be treated as including a reference to the combined area.

(3) In any enactment (whenever passed or made)—

(a)any reference to an integrated transport authority; or

(b)any reference which falls to be read as a reference to such an authority,

is to be treated as including a reference to the Combined Authority.

Transfer of functions — county councils

8.  There are transferred to the Combined Authority—

(a)the functions of the county councils under Parts 4 and 5 of the Transport Act 1985(1); and

(b)the functions of the county councils as local transport authorities under Part 2 of the Transport Act 2000(2).

Adaptation of enactments

9.—(1) This article has effect in consequence of article 8.

(2) In relation to any function transferred under article 8, any reference in any enactment (whenever passed or made) to a county, or to any class of area which includes a county, is to be treated as including a reference to the combined area.

(3) In any enactment (whenever passed or made) any reference in relation to any function transferred under article 8 to a county council, or to any class of body which includes a county council, is to be treated as including a reference to the Combined Authority.

Passenger Transport Executive

10.—(1) In this article “the Executive” means the Tyne and Wear Passenger Transport Executive.

(2) The Executive is to be an executive body of the Combined Authority for the purposes of Part 5 of the Local Transport Act 2008 and Part 6 of the 2009 Act.

(3) In the application of section 101 of the Local Government Act 1972(3) (arrangements for the discharge of functions) to the Combined Authority, the Executive is to be treated as if it were an officer of the Combined Authority.

Continuity

11.—(1) Nothing in articles 6 to 9 affects the validity of anything done, before the commencement date, by or in relation to—

(a)the ITA with respect to the functions, property, rights and liabilities transferred under article 6; or

(b)a county council with respect to the functions transferred under article 8.

(2) There may be continued by or in relation to the Combined Authority anything (including legal proceedings) which is in the process of being done by or in relation to the ITA or to a county council immediately before the commencement date and which relates to any of—

(a)the functions, property, rights and liabilities transferred to the Combined Authority from the ITA; or

(b)the functions transferred to the Combined Authority from a county council.

(3) Anything which is in effect immediately before the commencement date, and which was made or done by or in relation to—

(a)the ITA for the purposes of or otherwise in connection with any of the functions, property, rights and liabilities transferred under article 6; or

(b)a county council for the purposes of or otherwise in connection with any of the functions transferred under article 8,

has effect as if made or done by or in relation to the Combined Authority.

(4) The Combined Authority shall be substituted for the ITA or a county council in any instruments, contracts or legal proceedings which are made or commenced before the commencement date and which relate to any of—

(a)the functions, property, rights and liabilities transferred under article 6; or

(b)the functions transferred under article 8.

(5) A reference in this article to—

(a)anything made or done by or in relation to the ITA or to a county council includes a reference to anything which by virtue of any enactment is to be treated as having been made or done by or in relation to the ITA or to a county council;

(b)a county council is a reference to either of the county councils.

(6) Without prejudice to the generality of this article, the Combined Authority, as Scheme employer for the purposes of the Local Government Pension Scheme Regulations 2013(4) in place of the ITA, shall be—

(a)responsible for meeting the liabilities of the Tyne and Wear Pension Fund in respect of benefits due to or in respect of the ITA’s employees or former employees, or any liabilities of any predecessor authority;

(b)substituted for the ITA as the relevant Scheme employer in respect of—

(i)any admission agreement to which the ITA (or any predecessor authority) was a party immediately before the coming into force of this Order;

(ii)the actuarial valuation of the assets and liabilities of the fund as at 31st March 2013 obtained by the administering authority under regulation 36(1)(a) of the Local Government Pension Scheme (Administration) Regulations 2008(5); and

(iii)the rates and adjustments certificate obtained by the administering authority of the fund under regulation 36(1)(c) of those Regulations.