|
| |
|
(4) | A review under this section must relate to one or more integrated transport |
| |
areas or proposed integrated transport areas. |
| |
(5) | Where one or more authorities, having undertaken a review under subsection |
| |
(1), conclude that the exercise of the power to make an order under any one or |
| |
more of sections 78 to 84 would improve— |
| 5 |
(a) | the exercise of statutory functions relating to transport in an integrated |
| |
transport area or proposed integrated transport area, or |
| |
(b) | the effectiveness and efficiency of transport within such an area, |
| |
| they must prepare and publish a scheme relating to the power to make that |
| |
| 10 |
(6) | In this section a “proposed integrated transport area” means one which may be |
| |
designated by an order under section 83 (ITA boundary changes). |
| |
77 | Secretary of State’s power to direct a review of arrangements |
| |
(1) | The Secretary of State may direct one or more of the authorities falling within |
| |
subsection (2) (including two or more authorities of the same description) to |
| 15 |
undertake a review of one or more of the matters mentioned in subsection (3). |
| |
(2) | An authority falls within this subsection if it is— |
| |
| |
(b) | a district council for an area comprised in an integrated transport area, |
| |
(c) | a county council for an area comprised in an integrated transport area, |
| 20 |
(d) | a county council or district council for an area which could be |
| |
comprised in any proposed integrated transport area to which the |
| |
| |
| |
(a) | those in relation to which an order may be made under any of sections |
| 25 |
| |
(b) | in relation to an ITA or any executive body of the ITA existing at the |
| |
time of the direction, any matter concerning the ITA or the executive |
| |
body which the ITA has power to determine. |
| |
(4) | The Secretary of State may give a direction only if the Secretary of State |
| 30 |
considers that the review and any scheme are likely to improve— |
| |
(a) | the exercise of statutory functions relating to transport in an integrated |
| |
transport area or proposed integrated transport area, or |
| |
(b) | the effectiveness and efficiency of transport within such an area. |
| |
(5) | A direction under this section must relate to one or more integrated transport |
| 35 |
areas or proposed integrated transport areas. |
| |
(6) | A direction may require the preparation and publication of a scheme relating |
| |
to the power to make an order under any of sections 78 to 84. |
| |
(7) | If a direction is given to two or more authorities the review must be undertaken |
| |
jointly by all the authorities subject to the direction. |
| 40 |
(8) | The provision which may be made by a direction includes provision for— |
| |
(a) | the timetable for the review and for the preparation and publication of |
| |
| |
(b) | the procedures to be followed in carrying out the review, |
| |
(c) | particular issues which the review and any scheme must address, |
| 45 |
|
| |
|
| |
|
(d) | the implementation of any scheme. |
| |
(9) | An authority to which a direction is given must, in carrying out the review and |
| |
preparing any scheme, do so in the manner that they consider most likely to |
| |
| |
(a) | the exercise of statutory functions relating to transport in an integrated |
| 5 |
transport area or proposed integrated transport area, and |
| |
(b) | the effectiveness and efficiency of transport within such an area. |
| |
(10) | An authority which is carrying out a review and preparing any scheme in |
| |
accordance with a direction may include in the review and any scheme— |
| |
(a) | any matter (whether or not it is the subject of the direction) in relation |
| 10 |
to which an order may be made under any of sections 78 to 84, and |
| |
(b) | where the review is carried out by an ITA, whether alone or jointly, any |
| |
matter concerning the ITA which the ITA has power to determine. |
| |
(11) | In relation to the dissolution of an integrated transport area (see section 84) the |
| |
references in subsections (4) and (9) to an integrated transport area have effect |
| 15 |
as references to the territory comprised in a dissolved integrated transport |
| |
| |
(12) | In this section “proposed integrated transport area” means one which may be |
| |
designated by an order under section 83 (ITA boundary changes). |
| |
78 | Constitutional arrangements |
| 20 |
(1) | The Secretary of State may by order make provision about the constitutional |
| |
| |
(2) | “Constitutional arrangements”, in relation to an ITA, means— |
| |
(a) | the membership of the ITA (including the number and appointment of |
| |
members of the ITA and the remuneration of, and pensions or |
| 25 |
allowances payable to or in respect of, any member of the ITA), |
| |
(b) | the voting powers of members of the ITA (including provision for |
| |
different weight to be given to the vote of different descriptions of |
| |
| |
(c) | the executive arrangements of the ITA, |
| 30 |
(d) | the functions of any executive body of the ITA. |
| |
(3) | An order made by virtue of subsection (2)(a) which includes provision about |
| |
the number and appointment of members of the ITA must provide— |
| |
(a) | for a majority of the members of the ITA to be appointed by the ITA’s |
| |
constituent councils, and |
| 35 |
(b) | for those members to be appointed from among the elected members of |
| |
the constituent councils. |
| |
(4) | For the purposes of subsection (3), the constituent councils of an ITA are— |
| |
(a) | any county council, and |
| |
(b) | any district council, |
| 40 |
| for an area within the integrated transport area of the ITA. |
| |
(5) | In subsection (2)(c) “executive arrangements” means— |
| |
(a) | the appointment of an executive, |
| |
(b) | the functions of the ITA which are the responsibility of an executive, |
| |
|
| |
|
| |
|
(c) | the functions of the ITA which are the responsibility of an executive |
| |
and which may be discharged by a committee of the ITA or by a body |
| |
| |
(d) | arrangements relating to the review and scrutiny of the discharge of |
| |
| 5 |
(e) | access to information on the proceedings of an executive of the ITA, |
| |
(f) | the disapplication of section 15 of the Local Government and Housing |
| |
Act 1989 (c. 42) (duty to allocate seats to political groups) in relation to |
| |
an executive of the ITA or a committee of such an executive, |
| |
(g) | the keeping of a record of any arrangements relating to the ITA and |
| 10 |
falling within paragraphs (a) to (f). |
| |
(6) | The provision which may be made by an order by virtue of subsection (2)(d) |
| |
| |
(a) | provision setting up or dissolving an executive body of an ITA, or |
| |
merging two or more executive bodies of an ITA, |
| 15 |
(b) | provision conferring functions on, or removing functions from, an |
| |
executive body of an ITA, |
| |
(c) | provision transferring functions of an ITA to an executive body of the |
| |
ITA, and transferring functions of an executive body of an ITA to the |
| |
| 20 |
(7) | An order may not provide for the budget of an ITA to be agreed otherwise than |
| |
| |
79 | Delegation of functions of the Secretary of State |
| |
(1) | The Secretary of State may, to any extent, by order delegate to an ITA or an |
| |
eligible local transport authority any function of the Secretary of State— |
| 25 |
(a) | which does not consist of a power to make regulations or other |
| |
instruments of a legislative character or a power to fix fees or charges, |
| |
| |
(b) | which the Secretary of State considers can appropriately be exercised |
| |
by the ITA or eligible local transport authority. |
| 30 |
(2) | A delegation by virtue of this section may be made subject to conditions. |
| |
(3) | “Eligible local transport authority” means an authority which has been |
| |
designated as a local transport authority by an order under section 83 or 84. |
| |
80 | Delegation of local authority functions |
| |
(1) | The Secretary of State may, to any extent, by order provide for the delegation, |
| 35 |
to an ITA or an eligible local transport authority, of any function of a local |
| |
| |
(a) | which is exercisable by the local authority in relation to an area which |
| |
is comprised in the ITA’s integrated transport area or the eligible local |
| |
transport authority’s area, and |
| 40 |
(b) | which the Secretary of State considers can appropriately be exercised |
| |
by the ITA or eligible local transport authority. |
| |
(2) | A delegation by virtue of this section may be made subject to conditions. |
| |
(3) | “Local authority” means— |
| |
| 45 |
|
| |
|
| |
|
| |
(4) | “Eligible local transport authority” means an authority which has been |
| |
designated as a local transport authority by an order under section 83 or 84. |
| |
81 | Conferral of a power to direct |
| |
(1) | The Secretary of State may by order confer on— |
| 5 |
| |
(b) | an authority which has been designated as a local transport authority |
| |
by an order under section 83 or 84, |
| |
| a power to give a direction about the exercise of an eligible power. |
| |
(2) | An “eligible power” means a power of a council for a county, metropolitan |
| 10 |
district or non-metropolitan district comprised in an area for which there is no |
| |
county council, which the council has— |
| |
(a) | as highway authority by virtue of section 1 of the Highways Act 1980 |
| |
| |
(b) | as traffic authority by virtue of section 121A of the Road Traffic |
| 15 |
Regulation Act 1984 (c. 27). |
| |
(3) | In this section references to a power do not include references to a duty. |
| |
(4) | A power of direction under this section must relate only to the exercise of an |
| |
| |
(a) | the area of the directing authority, and |
| 20 |
(b) | the area of the authority subject to the direction. |
| |
(5) | Where an authority has been designated as a local transport authority by an |
| |
order under section 84 (dissolution of an integrated transport area), the |
| |
reference in subsection (4) to the area of the authority is a reference to the |
| |
territory previously comprised in the integrated transport area. |
| 25 |
(6) | A power of direction under this section must relate only to the exercise of an |
| |
eligible power in respect of— |
| |
(a) | a particular road (whether or not specified in the order), or |
| |
(b) | a description of road (whether or not specified in the order). |
| |
(7) | In subsection (6) “road”— |
| 30 |
(a) | has the meaning given by section 142(1) of the Road Traffic Regulation |
| |
| |
(b) | does not include any road which is the subject of a concession |
| |
agreement under Part 1 of the New Roads and Street Works Act 1991 |
| |
| 35 |
(8) | A power of direction under this section must relate only to any one or more |
| |
| |
(a) | the provision of information about the exercise of an eligible power |
| |
which the authority subject to the direction has or might reasonably be |
| |
| 40 |
(b) | the imposition on such an authority of requirements relating to |
| |
procedures to be followed prior to the exercise of an eligible power, |
| |
(c) | the imposition on such an authority of requirements relating to the |
| |
obtaining of consent prior to the exercise of an eligible power, |
| |
|
| |
|
| |
|
(d) | the imposition on such an authority of conditions subject to which an |
| |
eligible power may be exercised (including conditions relating to the |
| |
times at which, and the manner in which, an eligible power may be |
| |
| |
(e) | a requirement to exercise an eligible power (including a requirement to |
| 5 |
exercise an eligible power subject to conditions), |
| |
(f) | a prohibition on the exercise of an eligible power. |
| |
(9) | A power of direction under this section may be conferred subject to conditions. |
| |
(10) | Any direction given by virtue of this section— |
| |
(a) | must be given in writing and may be varied or revoked by further |
| 10 |
direction in writing, and |
| |
(b) | may make different provision for different cases and different |
| |
provision for different areas. |
| |
(11) | If an order makes provision for a direction by virtue of subsection (8)(e), the |
| |
order must make provision for the direction not to have effect unless the |
| 15 |
directing authority meets the cost of complying with the direction. |
| |
(12) | An order under this section must not provide that an authority is subject to |
| |
concurrent directions given by more than one directing authority about the |
| |
exercise of the same eligible power. |
| |
82 | Contravention of an order under section 81 |
| 20 |
(1) | An order under section 81 may provide that, if an authority exercises any |
| |
power in contravention of a direction under such an order, the directing |
| |
authority may take such steps as it considers appropriate to reverse or modify |
| |
the effect of the exercise of the power. |
| |
(2) | For the purposes of subsection (1), the directing authority has power to exercise |
| 25 |
any power of the authority subject to the direction on behalf of that authority. |
| |
(3) | Any reasonable expenses incurred by the directing authority in taking any |
| |
steps under subsection (1) are recoverable from the authority subject to the |
| |
direction as a civil debt. |
| |
83 | Changing the boundaries of an integrated transport area |
| 30 |
(1) | The Secretary of State may by order designate an integrated transport area in |
| |
| |
(a) | including a county or district in an integrated transport area, or |
| |
(b) | removing a county or district from an integrated transport area. |
| |
(2) | No part of an integrated transport area established under this section may be |
| 35 |
separated from the rest of it by a territory which is part of another local |
| |
government area but which is not included in the integrated transport area. |
| |
(3) | Where by virtue of an order a territory ceases to be comprised in an integrated |
| |
transport area, the order— |
| |
(a) | must make provision for designating an authority to be a local |
| 40 |
transport authority for the territory for the purposes of section 108(4) of |
| |
| |
(b) | may transfer functions to that authority from the ITA which was |
| |
formerly the local transport authority. |
| |
|
| |
|
| |
|
(4) | Provision made by virtue of subsection (3) may designate different authorities |
| |
for different parts of the territory. |
| |
84 | Dissolution of an integrated transport area |
| |
(1) | The Secretary of State may by order dissolve an integrated transport area and |
| |
abolish the ITA for the integrated transport area. |
| 5 |
| |
(a) | must make provision for designating an authority to be a local |
| |
transport authority for the territory previously comprised in the |
| |
integrated transport area for the purposes of section 108(4) of the TA |
| |
| 10 |
(b) | may transfer functions to that authority from the ITA which was |
| |
formerly the local transport authority. |
| |
(3) | Provision made by virtue of subsection (2) may designate different authorities |
| |
for different parts of the territory. |
| |
Further provision about orders |
| 15 |
85 | Orders under sections 78 to 84 |
| |
(1) | This section applies to an order made under any of sections 78 to 84. |
| |
(2) | An order may be made only if the Secretary of State, having had regard to a |
| |
scheme prepared and published under section 76 or 77, considers that the |
| |
making of the order is likely to improve— |
| 20 |
(a) | the exercise of statutory functions relating to transport in the area or |
| |
areas to which the order relates, or |
| |
(b) | the effectiveness and efficiency of transport within that area or those |
| |
| |
(3) | The requirement in subsection (2) to have regard to a scheme does not apply in |
| 25 |
relation to any matter if a direction has been given under section 77 in relation |
| |
to the matter and any period specified in the direction for the preparation and |
| |
publication of a scheme has expired. |
| |
(4) | Before making an order the Secretary of State must consult— |
| |
(a) | such representatives of authorities mentioned in sections 76(2) and |
| 30 |
| |
(b) | such other persons (if any), |
| |
| as the Secretary of State considers appropriate. |
| |
(5) | In making an order the Secretary of State must have regard to the need— |
| |
(a) | to reflect the identities and interests of local communities, and |
| 35 |
(b) | to secure effective and convenient local government. |
| |
(6) | An order which makes provision for dissolution of an integrated transport area |
| |
may be made only with the consent of a majority of the councils falling within |
| |
| |
| 40 |
(a) | the councils for any metropolitan districts whose areas are comprised |
| |
in the integrated transport area, |
| |
|
| |
|
| |
|
(b) | the councils for any counties whose areas are comprised in the |
| |
integrated transport area, |
| |
(c) | any unitary councils for any non-metropolitan districts whose areas are |
| |
comprised in the integrated transport area. |
| |
(8) | An order which changes the boundaries of an integrated transport area may be |
| 5 |
made only if each council mentioned in subsection (9) has consented to the |
| |
| |
| |
(a) | any council for a county or a metropolitan district, and any unitary |
| |
| 10 |
(i) | is comprised in the existing integrated transport area, and |
| |
(ii) | would not be comprised in the proposed integrated transport |
| |
| |
(b) | any council for a county or a metropolitan district, and any unitary |
| |
| 15 |
(i) | is not comprised in the existing integrated transport area, and |
| |
(ii) | would be comprised in the proposed integrated transport area. |
| |
(10) | In this section a “unitary council” is a council for a non-metropolitan district |
| |
comprised in an area for which there is no county council. |
| |
(11) | This section has effect in relation to the variation or revocation of an order as it |
| 20 |
has effect in relation to the making of an order. |
| |
86 | Incidental etc provision |
| |
(1) | The Secretary of State may by order make incidental, consequential, |
| |
transitional or supplementary provision for the purposes of, or in consequence |
| |
of, an order under this Chapter, or for giving full effect to such an order. |
| 25 |
(2) | The provision which may be included by virtue of this section in an order |
| |
includes provision for the transfer of property, rights and liabilities by— |
| |
| |
(b) | a scheme made by the Secretary of State under the order, |
| |
(c) | a scheme required to be made under the order by a person other than |
| 30 |
| |
(3) | The provision which may be included by virtue of subsection (2) in an order |
| |
| |
(a) | for the creation or imposition by the Secretary of State of new rights or |
| |
liabilities in respect of anything transferred by or under an order, |
| 35 |
(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. |
| |
(4) | The provision which may be included by virtue of this section in an order |
| 40 |
includes provision amending, repealing or revoking any enactment, whenever |
| |
| |
(5) | In this section “enactment” includes an enactment comprised in subordinate |
| |
legislation (within the meaning of the Interpretation Act 1978 (c. 30)). |
| |
|
| |
|