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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Cities and Local Government Devolution Bill
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| | This document includes all remaining amendments and includes any withdrawn |
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| | amendments at the end. The amendments have been arranged in accordance with |
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| | the Order of the House [14 October 2015]. |
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| Clauses 20 and 21; new Clauses and New Schedules relating to the subject |
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| matter of Clauses 20 and 21; |
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| Page 18, line 41, leave out Clause 20 |
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| | Member’s explanatory statement
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| | This would remove clause 20 of the Bill, which amends the Representation of the People Act 1983, |
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| | reducing the minimum voting age for local government electors in England and Wales from 18 to |
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| | To move the following Clause— |
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| | | “Governance arrangements of local authorities in England: election of |
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| | (1) | Section 36 of the Representation of the People Act 1983 (local elections in |
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| | England and Wales) is amended as follows. |
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| | (2) | After subsection (1) insert— |
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| | “(1A) | Rules made by the Secretary of State under subsection (1) must ensure |
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| | that each poll at an election shall be conducted in accordance with an |
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| | electoral system to be decided by that local authority.”” |
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| | Member’s explanatory statement
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| | This amendment transfers to local people the power to decide their own electoral system for local |
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| | To move the following Clause— |
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| | | “Separation of local authorities: local referendums |
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| | (1) | The Secretary of State shall by regulations make provision about the |
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| | circumstances in which a constituent part of a local authority can separate from |
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| | the local authority of which it is currently a part and become established as a new |
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| | local authority in its own right. |
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| | (2) | Such regulations must provide that a constituent part of a local authority can |
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| | secede from an existing local authority only if a majority of local government |
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| | electors in that constituent part who take part in a vote on the proposal are in |
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| | (3) | Such regulations must cover— |
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| | (a) | The information that the proposed new local authority shall provide |
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| | ahead of such a referendum being conducted, such which may include |
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| | but shall not be limited to— |
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| | (i) | information on geographic extent of the new local authority, and |
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| | (ii) | information on the governance arrangements for the new local |
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| | (b) | The basis on which a transfer of resources from an existing local |
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| | authority to a new local authority shall be calculated. |
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| | (4) | Regulations made by the Secretary of State may make similar provision for a |
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| | constituent part of a local authority to separate from the local authority of which |
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| | it is currently a part in order to join a neighbouring local authority.” |
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| Remaining New Clauses; remaining New Schedules; Clause 22; Schedule 4; |
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| Clauses 23 to 25; remaining proceedings on the Bill |
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| | To move the following Clause— |
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| | | “Sub-national transport bodies |
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| | After Part 5 of the Local Transport Act 2008 insert— |
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| | Sub-national transport bodies |
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| | Establishment and constitution of STBs |
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| | 102E | Power to establish STBs |
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| | (1) | The Secretary of State may by regulations establish a sub-national |
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| | transport body for any area in England outside Greater London. |
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| | (a) | “STB” means a sub-national transport body established under |
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| | (b) | references to the area of an STB are to the area in England for |
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| | which the STB is established. |
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| | (3) | Regulations under this section must specify— |
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| | (a) | the name by which the STB is to be known, and |
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| | (4) | The area of an STB must consist of the whole of the area of two or more |
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| | relevant authorities (whether or not of the same kind). |
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| | (5) | Each of the following is a “relevant authority” for the purposes of this |
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| | (a) | a combined authority; |
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| | (c) | a county council that comes within subsection (6); |
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| | (d) | a unitary district council that comes within that subsection; |
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| | (e) | the Council of the Isles of Scilly. |
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| | (6) | A council comes within this subsection if no part of its area forms part |
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| | (a) | the area of a combined authority, or |
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| | (b) | an integrated transport area. |
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| | (7) | An STB is to be established as a body corporate. |
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| | 102F | Requirements in connection with regulations under section 102E |
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| | (1) | Regulations under section 102E may be made establishing an STB for an |
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| | area only if the Secretary of State considers that— |
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| | (a) | its establishment would facilitate the development and |
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| | implementation of transport strategies for the area, and |
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| | (b) | the objective of economic growth in the area would be furthered |
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| | by the development and implementation of such strategies. |
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| | (2) | The reference in subsection (1)(a) to “transport strategies”, in relation to |
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| | the area of an STB, is a reference to strategies for improving— |
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| | (a) | the exercise of transport functions in the area (whether or not |
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| | exercisable by the STB), and |
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| | (b) | the effectiveness and efficiency of transport to, from or within |
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| | (3) | Regulations under section 102E establishing an STB for an area may be |
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| | (a) | the constituent authorities have together made a proposal to the |
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| | Secretary of State for there to be an STB for the area, and |
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| | (b) | those authorities consent to the making of the regulations. |
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| | (4) | For the purposes of this Part, the constituent authorities of an STB are |
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| | every relevant authority whose area is within the area, or proposed area, |
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| | (5) | Before making a proposal under this section the constituent authorities |
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| | (a) | each appropriate authority (if it is not a constituent authority), |
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| | (b) | any other persons whom the constituent authorities consider it is |
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| | (6) | The Secretary of State may require the constituent authorities to consult |
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| | any other persons (not already consulted under subsection (5)(b)) whom |
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| | the Secretary of State considers should be consulted in connection with a |
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| | proposal under this section. |
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| | (7) | For the purposes of subsection (5), each of the following is an |
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| | “appropriate authority” if any part of the authority’s area adjoins the area |
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| | (a) | a combined authority; |
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| | (c) | Transport for London; |
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| | (e) | a unitary district council; |
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| | (f) | a London borough council. |
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| | 102G | Constitution of STBs |
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| | (1) | The Secretary of State may by regulations make provision about the |
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| | constitutional arrangements in relation to an STB. |
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| | (2) | “Constitutional arrangements”, in relation to an STB, include |
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| | arrangements in respect of— |
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| | (a) | the membership of the STB (including the number and |
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| | appointment of members of the STB), |
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| | (b) | the voting powers of members of the STB (including provision |
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| | for different weight to be given to the vote of different |
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| | (c) | the executive arrangements of the STB, and |
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| | (d) | the functions of any executive body of the STB. |
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| | (3) | Regulations made by virtue of subsection (2)(a) which include provision |
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| | about the number and appointment of members of the STB must |
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| | (a) | for the members of the STB to be appointed by the STB’s |
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| | constituent authorities, and |
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| | (b) | for those members to be appointed from among the elected |
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| | members of the constituent authorities. |
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| | (4) | Regulations made by virtue of subsection (2)(a) may provide for persons, |
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| | who are not elected members of the constituent authorities, to be |
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| | appointed as co-opted members of an STB; but such regulations must |
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| | provide (by virtue of subsection (2)(b)) for those co-opted members to be |
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| | non-voting members of the STB. |
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| | (5) | The voting members of an STB may resolve that provision made in |
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| | accordance with subsection (4) is not to apply (generally or in relation to |
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| | particular matters) in the case of the STB. |
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| | (6) | In subsection (2)(c) “executive arrangements” means— |
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| | (a) | the appointment of an executive; |
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| | (b) | the functions of the STB which are the responsibility of an |
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| | (c) | the functions of the STB which are the responsibility of an |
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| | executive and which may be discharged by a committee of the |
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| | STB, by an officer of the STB or by a body other than the STB; |
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| | (d) | arrangements relating to the review and scrutiny of the discharge |
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| | (e) | access to information on the proceedings of an executive of the |
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| | (f) | the keeping of a record of any arrangements relating to the STB |
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| | and falling within any of paragraphs (a) to (e). |
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| | (7) | The provision which may be made by regulations by virtue of subsection |
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| | (a) | provision setting up or dissolving an executive body of an STB, |
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| | or merging two or more executive bodies of an STB; |
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| | (b) | provision conferring functions on, or removing functions from, |
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| | an executive body of an STB; |
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| | (c) | provision transferring functions of an STB to an executive body |
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| | of the STB, and transferring functions of an executive body of an |
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| | (8) | Regulations under this section may authorise an STB to delegate any of |
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| | its functions to one or more of its constituent authorities (and any such |
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| | delegation may be made subject to conditions or limitations). |
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| | (9) | Regulations under this section may not provide for the budget of an STB |
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| | to be agreed otherwise than by the STB. |
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| | (10) | For the purposes of subsections (3) and (4), the “elected members” of a |
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| | (a) | in the case of a combined authority, are the mayor for the area of |
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| | the combined authority (if there is one) and those members of the |
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| | authority who are appointed from among the elected members of |
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| | the authority’s constituent councils (see section 85(1)(b) above |
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| | as applied by section 104(2) of the Local Democracy, Economic |
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| | Development and Construction Act 2009); |
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| | (b) | in the case of an ITA, are those members of the ITA who are |
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| | appointed from among the elected members of the ITA’s |
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| | constituent councils (see section 85(1)(b) above); |
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| | (c) | in the case of a county council, a unitary district council or the |
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| | Council of the Isles of Scilly, are the elected members of the |
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| | (1) | The Secretary of State may by regulations provide for an STB to have any |
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| | of the following functions in relation to its area— |
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| | (a) | to prepare a transport strategy for the area (see section 102I); |
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| | (b) | to provide advice to the Secretary of State about the exercise of |
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| | transport functions in relation to the area (whether exercisable by |
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| | the Secretary of State or others); |
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| | (c) | to co-ordinate the carrying out of transport functions in relation |
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| | to the area that are exercisable by different constituent |
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| | authorities, with a view to improving the effectiveness and |
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| | efficiency in the carrying out of those functions; |
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| | (d) | if the STB considers that a transport function in relation to the |
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| | area would more effectively and efficiently be carried out by the |
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| | STB, to make proposals to the Secretary of State for the transfer |
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| | of that function to the STB; |
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| | (e) | to make other proposals to the Secretary of State about the role |
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| | and functions of the STB. |
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| | (2) | The Secretary of State may by regulations provide for an STB to have |
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| | other functions of a description set out in the regulations. |
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| | (3) | Regulations under subsection (2) may be made only for functions to be |
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| | exercisable in relation to the area of the STB that— |
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| | (b) | the Secretary of State considers can appropriately be exercised |
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| | (c) | are not already exercisable in relation to that area by a local |
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| | authority or a public authority (see instead sections 102J and |
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| | 102K respectively for a power to transfer such functions to an |
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| | (4) | The Secretary of State may by regulations make further provision about |
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| | how an STB is to carry out functions that it has under or by virtue of this |
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| | (5) | Regulations under this section in relation to an existing STB may be |
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| | made only with the consent of the STB. |
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| | (6) | Nothing in this section limits the power of the Secretary of State to confer |
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| | other functions on an STB under this Part. |
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| | 102I | Transport strategy of an STB |
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| | (1) | The transport strategy of an STB is a document containing the STB’s |
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| | proposals for the promotion and encouragement of sustainable, safe, |
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| | integrated, efficient and economic transport facilities and services to, |
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| | from and within the area of the STB. |
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| | (2) | The transport facilities and services mentioned in subsection (1) are— |
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| | (a) | those required to meet the needs of persons (including |
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| | pedestrians) living or working in, or visiting, the area of the STB, |
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| | (b) | those required for the transportation of freight. |
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| | (3) | An STB may include in its transport strategy any other proposals it |
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| | considers appropriate that relate to transport to, from or within its area. |
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| | (4) | An STB must publish its transport strategy. |
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| | (5) | If an STB revises its transport strategy, the STB must publish the strategy |
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| | (6) | In preparing or revising its transport strategy an STB must carry out a |
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| | (7) | In carrying out a public consultation under subsection (6), the STB must |
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| | ensure that such of the following persons as the STB considers |
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| | appropriate (taking into account the proposals to be contained in the |
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| | strategy) have a reasonable opportunity to respond to the consultation— |
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| | (a) | the Secretary of State; |
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| | (b) | a combined authority; |
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| | (e) | a Passenger Transport Executive; |
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| | (f) | Transport for London; |
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| | (g) | a person to whom a licence is granted under section 8 of the |
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| | Railways Act 1993 (licences authorising persons to be operator |
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| | (h) | Highways England Company Limited; |
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| | (i) | a local highway authority (within the meaning of the Highways |
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| | (j) | a county council in England; |
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| | (k) | a unitary district council; |
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| | (l) | a London borough council. |
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| | (8) | In preparing or revising its transport strategy an STB must (among other |
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| | (a) | the promotion of economic growth in its area, |
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| | (b) | the social and environmental impacts in connection with the |
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| | implementation of the proposals contained in the strategy, |
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| | (c) | any current national policy relating to transport that has been |
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| | published by or on behalf of Her Majesty’s Government, and |
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| | (d) | the results of the public consultation mentioned in subsection (6). |
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| | (9) | The Secretary of State must have regard to proposals contained in the |
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| | transport strategy of an STB that appear to the Secretary of State to |
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| | further the objective of economic growth in the area of the STB in |
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| | (a) | national policies relating to transport (so far as relevant in |
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| | relation to such proposals), and |
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