Session 2015-16
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Notices of Amendments: 13 November 2015                  

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Cities and Local Government Devolution Bill-[ ], continued

 
 

(b)    

how such policies are to be implemented in relation to the area of

 

the STB.

 

(10)    

The constituent authorities of an STB must exercise transport functions

 

with a view to securing the implementation of the proposals contained in

 

the STB’s transport strategy.

 

(11)    

In this Part “transport strategy”, in relation to an STB, means the

 

transport strategy prepared or revised by an STB under this section by

 

virtue of the function in section 102H(1)(a).

 

102J  

Exercise of local transport functions

 

(1)    

The Secretary of State may by regulations provide for functions that are

 

exercisable by a local authority in an area that is, or is to become, the area

 

of an STB to be exercisable by the STB.

 

(2)    

Regulations under this section may be made—

 

(a)    

only in relation to functions that relate to transport, and

 

(b)    

only if the Secretary of State considers that the function can

 

appropriately be exercised by the STB.

 

(3)    

For the purposes of subsection (2)(a), regulations under this section may

 

be made in respect of a function that relates both to transport and to other

 

matters only so far as the function is exercisable in relation to transport.

 

(4)    

Regulations under this section may make provision for a function to be

 

exercisable by the STB either generally or subject to such conditions or

 

limitations as may be specified in the regulations.

 

(5)    

Regulations under this section may make provision—

 

(a)    

for a function to be exercisable by the STB instead of by the local

 

authority, or

 

(b)    

for a function to be exercisable by the STB jointly with the local

 

authority.

 

(6)    

Regulations under this section may be made only with the consent of—

 

(a)    

the local authority concerned, and

 

(b)    

in the case of regulations made in relation to an existing STB, the

 

STB.

 

(7)    

In this section “local authority” means—

 

(a)    

a combined authority;

 

(b)    

an ITA;

 

(c)    

a Passenger Transport Executive;

 

(d)    

a county council in England;

 

(e)    

a unitary district council;

 

(f)    

the Council of the Isles of Scilly.

 

102K  

Other public authority functions

 

(1)    

The Secretary of State may by regulations provide for functions that are

 

exercisable by a public authority in relation to an area that is, or is to

 

become, the area of an STB to be exercisable by the STB.

 

(2)    

Regulations under this section may be made—

 

(a)    

only in relation to functions that relate to transport, and


 
 

Notices of Amendments: 13 November 2015                  

9

 

Cities and Local Government Devolution Bill-[ ], continued

 
 

(b)    

only if the Secretary of State considers that the function can

 

appropriately be exercised by the STB.

 

(3)    

For the purposes of subsection (2)(a), regulations under this section may

 

be made in respect of a function that relates both to transport and to other

 

matters only so far as the function is exercisable in relation to transport.

 

(4)    

Regulations under this section may make provision for a function to be

 

exercisable by the STB either generally or subject to such conditions or

 

limitations as may be specified in the regulations.

 

(5)    

Regulations under this section may make provision—

 

(a)    

for a function to be exercisable by the STB instead of by the

 

public authority, or

 

(b)    

for a function to be exercisable by the STB jointly with the public

 

authority.

 

(6)    

Regulations under this section in relation to an existing STB may be

 

made only with the consent of the STB.

 

(7)    

In this section—

 

“function” does not include a power to make regulations or other

 

instruments of a legislative character;

 

“Minister of the Crown” has the same meaning as in the Ministers of the

 

Crown Act 1975;

 

“public authority”—

 

(a)    

includes a Minister of the Crown or a government department;

 

(b)    

does not include a local authority as defined by section 102J.

 

102L  

Funding

 

(1)    

The Secretary of State may pay grants to STBs to cover expenditure

 

incurred in the carrying out of their functions.

 

(2)    

Grants may be paid under this section subject to any conditions the

 

Secretary of State thinks appropriate (including conditions as to

 

repayment).

 

(3)    

The Secretary of State may by regulations make provision—

 

(a)    

for the constituent authorities of an STB to contribute to its costs,

 

and

 

(b)    

about the basis on which the amount payable by each constituent

 

authority is to be determined.

 

General powers etc

 

102M  

General powers

 

(1)    

An STB may do—

 

(a)    

anything it considers appropriate for the purposes of the carrying

 

out of any of its functions (its “functional purposes”),

 

(b)    

anything it considers appropriate for purposes incidental

 

(whether directly or indirectly) to its functional purposes,

 

(c)    

anything it considers to be connected with—

 

(i)    

any of its functions, or

 

(ii)    

anything it may do under paragraph (a) or (b), and


 
 

Notices of Amendments: 13 November 2015                  

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Cities and Local Government Devolution Bill-[ ], continued

 
 

(d)    

for a commercial purpose, anything which it may do under any

 

of paragraphs (a) to (c) otherwise than for a commercial purpose.

 

(2)    

Where subsection (1) confers power on an STB to do something, it

 

confers power (subject to section 102N) to do it anywhere in the United

 

Kingdom or elsewhere.

 

(3)    

Power conferred on an STB by subsection (1) is in addition to, and is not

 

limited by, the other powers of the STB.

 

(4)    

Where an STB has an executive body established by virtue of section

 

102G, the STB may delegate to that body its function of taking action

 

under subsection (1) (but not the function of determining what action to

 

take).

 

102N  

Boundaries of power under section 102M

 

(1)    

Section 102M(1) does not enable an STB to do anything which it is

 

unable to do by virtue of a post-commencement limitation which is

 

expressed to apply—

 

(a)    

to its power under section 102M(1),

 

(b)    

to all of its powers, or

 

(c)    

to all of its powers but with exceptions that do not include its

 

power under section 102M(1).

 

(2)    

Section 102M(1) does not authorise an STB to borrow money.

 

(3)    

Section 102M(1)(a) to (c) do not authorise an STB to charge a person for

 

anything it does otherwise than for a commercial purpose (but see section

 

93 of the Local Government Act 2003 (power of STBs and other best

 

value authorities to charge for discretionary services)).

 

(4)    

Section 102M(1)(d) does not authorise an STB to do things for a

 

commercial purpose in relation to a person if a statutory provision

 

requires the STB to do those things in relation to the person.

 

(5)    

Where under section 102M(1)(d) an STB does things for a commercial

 

purpose, it must do them through—

 

(a)    

a company within the meaning given by section 1(1) of the

 

Companies Act 2006, or

 

(b)    

a registered society within the meaning of the Co-operative and

 

Community Benefit Societies Act 2014.

 

(6)    

In this section—

 

“post-commencement limitation” means a prohibition, restriction or other

 

limitation imposed by a statutory provision that—

 

(a)    

is contained in an Act passed after the end of the Session in

 

which the Cities and Local Government Devolution Act 2015 is

 

passed, or

 

(b)    

is contained in an instrument made under an Act and comes into

 

force on or after the commencement of section (Sub-national

 

transport bodies) of that Act;

 

“statutory provision” means a provision of an Act or of an instrument made

 

under an Act.


 
 

Notices of Amendments: 13 November 2015                  

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Cities and Local Government Devolution Bill-[ ], continued

 
 

102O  

Power to make provision supplemental to section 102M

 

(1)    

The Secretary of State may by regulations make provision preventing an

 

STB from doing under section 102M(1) anything which is specified, or

 

is of a description specified, in the regulations.

 

(2)    

The Secretary of State may by regulations provide for the exercise by

 

STBs of the power conferred by section 102M(1) to be subject to

 

conditions, whether generally or in relation to doing anything specified,

 

or of a description specified, in the regulations.

 

(3)    

Before making regulations under subsection (1) or (2) the Secretary of

 

State must consult—

 

(a)    

such representatives of STBs,

 

(b)    

such representatives of local government, and

 

(c)    

such other persons (if any),

 

    

as the Secretary of State considers appropriate.

 

(4)    

Subsection (3) does not apply to regulations under subsection (1) or (2)

 

which are made only for the purpose of amending earlier such

 

regulations—

 

(a)    

so as to extend the earlier regulations, or any provision of the

 

earlier regulations, to a particular STB or to STBs of a particular

 

description, or

 

(b)    

so that the earlier regulations, or any provision of the earlier

 

regulations, cease to apply to a particular STB or to STBs of a

 

particular description.

 

102P  

Power of direction

 

(1)    

The Secretary of State may by regulations confer on an STB a power to

 

give directions to a constituent authority about the exercise of transport

 

functions by the authority in the area of the STB.

 

(2)    

The power to give a direction by virtue of subsection (1) about the

 

exercise of a function extends only so far as the exercise of the function

 

is relevant to the implementation of the STB’s transport strategy.

 

(3)    

Regulations under this section conferring a power to direct may include

 

provision—

 

(a)    

for the power to be given generally or subject to conditions or

 

limitations;

 

(b)    

for the power to apply to all transport functions or only to those

 

functions specified or described in the regulations;

 

(c)    

about the manner in which directions are to be given;

 

(d)    

about the consequences arising if there is a contravention of a

 

direction.

 

(4)    

Provision under subsection (3)(d) may include provision enabling the

 

STB—

 

(a)    

to take any steps it considers appropriate to reverse or modify the

 

effect of a constituent authority exercising a transport function in

 

contravention of the direction, and

 

(b)    

to recover any reasonable expenses incurred in taking those steps

 

as a civil debt from the constituent authority.


 
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Revised 13 November 2015