Local Democracy, Economic Development and Construction Bill [HL]

House of Commons

Session 2008 - 09
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Local Democracy, Economic Development and Construction Bill [HL]

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
130

      (2)
In subsection (2), after “integrated transport area” insert “or the area of a
combined authority”.
      (3)
In subsection (3)—
(a)
in the opening words, after “integrated transport area” insert “or the
area of a combined authority”;
5
(b)
in paragraph (b), after “integrated transport area” insert “or (as the
case may be) the combined authority.”
105
In section 165A(1)(b) (joint local-ITA charging schemes), after “Integrated
Transport Authority” insert “or (as the case may be) the area of the combined
authority.”
10
106   (1)
Section 166 (joint local-London charging schemes) is amended as follows.
      (2)
In subsection (2), after “integrated transport area” insert “or the area of a
combined authority”.
      (3)
In subsection (3)—
(a)
in the opening words, after “integrated transport area” insert “or the
15
area of a combined authority”;
(b)
after paragraph (b) (and before the “and” following that paragraph)
insert “or (as the case may be) the combined authority”.
107   (1)
Section 166A (joint ITA-London charging schemes) is amended as follows.
      (2)
In subsection (1)(b), after “Integrated Transport Authority” insert “or (as the
20
case may be) the area of the combined authority.”
      (3)
In subsection (3)(b), after “Integrated Transport Authority” insert “or
combined authority”.
108
In section 167(2)(b) (trunk road charging schemes), after “Integrated
Transport Authority” insert “, a combined authority”.
25
109
In section 168(2) (charging schemes to be made by order)—
(a)
after “Integrated Transport Authority” insert “, a combined
authority”;
(b)
for “or the Integrated Transport Authority” substitute “, the
Integrated Transport Authority or the combined authority”.
30
110   (1)
Section 170 (charging schemes: consultation and inquiries) is amended as
follows.
      (2)
In subsection (1A)(b), after “Integrated Transport Authority” insert “or a
combined authority”.
      (3)
In subsection (7)(a), for “or Integrated Transport Authority” substitute “,
35
Integrated Transport Authority or combined authority”.
111
In section 177A(1) (power to require information), for “or Integrated
Transport Authority” substitute “, Integrated Transport Authority or
combined authority”.
112
In section 193(1) (guidance), after “Integrated Transport Authorities” insert
40
“, combined authorities”.

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
131

113
In section 194 (information), in each of subsections (1), (2) and (6) for “or
Integrated Transport Authority” substitute “, Integrated Transport
Authority or combined authority”.
114
In section 198(1) (interpretation of Part 3), at the appropriate place insert—
““combined authority” has the meaning given by section
5
163(5A),”.
115   (1)
Schedule 12 (road user charging and workplace parking levy: financial
powers) is amended as follows.
      (2)
In paragraph 2(4), for “or Integrated Transport Authority” substitute “,
Integrated Transport Authority or combined authority”.
10
      (3)
In paragraph 3(2), for “or Integrated Transport Authority” substitute “,
Integrated Transport Authority or combined authority”.
      (4)
In paragraph 7(5)(c), after “Integrated Transport Authority” insert “or
combined authority”.
      (5)
In paragraph 8—
15
(a)
in sub-paragraph (3)(aa), after “Integrated Transport Authorities”
insert “and combined authorities”;
(b)
in sub-paragraph (4)(aa) after “Integrated Transport Authority”
insert “or combined authority”.
      (6)
In paragraph 11A—
20
(a)
in sub-paragraph (1), after “Integrated Transport Authority’s” insert
“or combined authority’s”;
(b)
in sub-paragraph (4), for “integrated transport area of the Authority”
substitute “integrated transport area of the Integrated Transport
Authority or (as the case may be) the area of the combined
25
authority”.
      (7)
In paragraph 11B(1), after “Integrated Transport Authority” insert “or a
combined authority”.
      (8)
In paragraph 11C, in each of sub-paragraphs (1) and (3), after “Integrated
Transport Authority” insert “or a combined authority”.
30
Police Reform Act 2002 (c. 30)
116
In Schedule 4 to the Police Reform Act 2002 (police civilians), in paragraph
2(6E) (powers of community support officers to detain, etc) after paragraph
(d) insert—
“(da)
a combined authority established under section 100 of the
35
Local Democracy, Economic Development and
Construction Act 2009;”.
Local Government Act 2003 (c. 26)
117   (1)
The Local Government Act 2003 is amended as follows.
      (2)
In section 23 (authorities to which provisions about capital finance and
40
accounts apply), after subsection (3) insert—
“(4)
This Part, other than sections 1 to 8, 13 and 17 (borrowing etc),
applies in relation to an economic prosperity board established

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
132

under section 85 of the Local Democracy, Economic Development
and Construction Act 2009 as it applies in relation to a local
authority.
(5)
This Part applies in relation to a combined authority established
under section 100 of that Act as it applies in relation to a local
5
authority, except that section 1 confers power on such a combined
authority to borrow money for a purpose relevant to its transport
functions only.”
      (3)
In section 33(1) (authorities to which provisions about expenditure grant
apply), after paragraph (ja) insert—
10
“(jb)
an economic prosperity board established under section 85 of
the Local Democracy, Economic Development and
Construction Act 2009;
(jc)
a combined authority established under section 100 of that
Act;”.
15
Courts Act 2003 (c. 39)
118
In section 41(6) of the Courts Act 2003 (disqualification of lay justices who
are members of local authorities), after paragraph (e) insert—
“(ea)
an economic prosperity board established under section 85 of
the Local Democracy, Economic Development and
20
Construction Act 2009,
(eb)
a combined authority established under section 100 of that
Act,”.
Railways Act 2005 (c. 14)
119
In section 33(2) of the Railways Act 2005 (persons on whom closure
25
requirements may be imposed), after paragraph (d) insert—
“(da)
a combined authority established under section 100 of the
Local Democracy, Economic Development and Construction
Act 2009;”.
Concessionary Bus Travel Act 2007 (c. 13)
30
120
In section 9(6)(b) of the Concessionary Bus Travel Act 2007 (variation of
reimbursement and other administrative arrangements), for “or Integrated
Transport Authority” substitute “, Integrated Transport Authority or
combined authority”.
Local Government and Public Involvement in Health Act 2007 (c. 28)
35
121   (1)
The Local Government and Public Involvement in Health Act 2007 is
amended as follows.
      (2)
In section 23(1) (definitions for purposes of Chapter 1), in the definition of
“public body”, after paragraph (e) insert—
“(f)
an economic prosperity board established under section 85 of
40
the Local Democracy, Economic Development and
Construction Act 2009;
(g)
a combined authority established under section 100 of that
Act;”.

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
133

      (3)
In section 104(2) (application of Chapter 1 of Part 5: partner authorities),
after paragraph (i) insert—
“(ia)
an economic prosperity board established under section 85 of
the Local Democracy, Economic Development and
Construction Act 2009;
5
(ib)
a combined authority established under section 100 of that
Act;”.
Local Transport Act 2008 (c. 26)
122
The Local Transport Act 2008 is amended as follows.
123
In section 79(1)(b) (provision that may be made in an order under section 78)
10
for “or 88” substitute “, 88 or 89A”.
124
In section 86(3) (delegation of functions of the Secretary of State), after
“section 90 or 91” insert “of this Act or section 103 or 104 of the Local
Democracy, Economic Development and Construction Act 2009.”
125
In section 87(5) (delegation of local authority functions), after “section 90 or
15
91” insert “of this Act or section 103 or 104 of the Local Democracy, Economic
Development and Construction Act 2009.”
126
In section 88(1)(b) (conferral of a power to direct), after “section 90 or 91”
insert “of this Act or section 103 or 104 of the Local Democracy, Economic
Development and Construction Act 2009.”
20
127
After section 89 insert—
“89A
Transfer of functions of combined authority
(1)
The Secretary of State may by order transfer functions of a combined
authority established under section 100 of the Local Democracy,
Economic Development and Construction Act 2009 to an ITA.
25
(2)
An order under this section may only be made in relation to
functions that—
(a)
relate to transport, and
(b)
are exercisable by the combined authority in relation to an
area that becomes, or becomes part of, the ITA’s integrated
30
transport area by virtue of an order under this Part.”
128
In section 90 (changing the boundaries of an integrated transport area) after
subsection (4) insert—
“(5)
The reference in subsection (3)(a) to an authority does not include a
combined authority established under section 100 of the Local
35
Democracy, Economic Development and Construction Act 2009.
(6)
Subsection (3) does not apply if the territory becomes part of the area
of a combined authority by virtue of an order under section 100 or
103 of that Act.”
129
In section 91 (dissolution of an integrated transport area), after subsection (3)
40
insert—
“(4)
The reference in subsection (2)(a) to an authority does not include a
combined authority established under section 100 of the Local
Democracy, Economic Development and Construction Act 2009.

Local Democracy, Economic Development and Construction Bill [HL]
Schedule 6 — EPBs and combined authorities: amendments
134

(5)
Subsection (2) does not apply to a territory or part of a territory that
becomes the area or part of the area of a combined authority by
virtue of an order under section 100 or 103 of that Act.”
130
After section 102 insert—
“102A
Application of Chapter to combined authorities
5
(1)
This Chapter applies to a combined authority established under
section 100 of the Local Democracy, Economic Development and
Construction Act 2009 as it applies to an ITA.
(2)
In the application of this Chapter to a combined authority, references
to an integrated transport area are to the combined authority’s area.”
10