PART 1 General

Citation and commencement_I1

1.—(1) These Regulations may be cited as the East Midlands Combined County Authority Regulations 2024.

(2) Save as provided in paragraph (3) these Regulations come into force on the day after the day on which they are made.

(3) Part 8 of these Regulations comes into force on 7th May 2024.

Interpretation_I2

2. In these Regulations—

“ the 1980 Act ” means the Highways Act 1980 ( 3 );

^F1...

“ the 1989 Act ” means the Local Government and Housing Act 1989 ( 4 );

^F2...

^F3...

“ the 2000 Act ” means the Transport Act 2000 ( 5 );

^F4...

“ the 2004 Act ” means the Traffic Management Act 2004 ( 6 );

“ the 2006 Act ” means the National Health Service Act 2006 ( 7 );

^F5...

^F6...

“ the 2023 Act ” means the Levelling-up and Regeneration Act 2023 ( 8 );

“ the Area ” means the area consisting of the areas of the constituent councils;

“ the BRS Act ” means the Business Rate Supplements Act 2009 ( 9 );

“ the Combined County Authority ” means the East Midlands Combined County Authority as constituted by regulation 3;

^F7...

“ constituent councils ” means the councils for the local government areas of Derby City, Derbyshire, Nottingham and Nottinghamshire;

“ district councils ” means the councils for the local government areas of Amber Valley, Ashfield, Bassetlaw, Bolsover, Broxtowe, Chesterfield, Derbyshire Dales, Erewash, Gedling, High Peak, Mansfield, Newark and Sherwood, North East Derbyshire, Rushcliffe and South Derbyshire;

“ election for the return of the mayor ” means an election held pursuant to regulation 5 of these Regulations;

^F8 ... “ local highway authority ” [^F9 has ^F9] the same meaning as in [^F10 section ^F10] 329(1) of the 1980 Act( 10 );

“ the ordinary day of election ”, in relation to any year means the day which is the ordinary day of election in that year of councillors for counties in England and districts as determined in accordance with section 37 of the Representation of the People Act 1983 ( 11 );

“ Mayor ” means the mayor for the Area, except in the term “Mayor of London”; and

^F11...

PART 2 Establishment of a combined county authority for East Midlands

Establishment_I3

3.—(1) There is established a combined county authority for the Area.

(2) The combined county authority is to be a body corporate and is to be known as the East Midlands Combined County Authority.

(3) The functions of the Combined County Authority are those functions conferred or imposed upon it by these Regulations or by any other enactment (whenever passed or made), or as may be delegated to it by or under these Regulations or any other enactment (whenever passed or made).

Constitution_I4

4. Schedule 1 (which makes provision about the constitution of the Combined County Authority) has effect.

PART 3 Election of Mayor

Election of Mayor_I5

5.—(1) There is to be a mayor for the Area.

(2) The first election for the return of a mayor for the Area is to take place on 2nd May 2024.

(3) Subsequent elections for the return of a mayor for the Area are to take place—

(a)on the ordinary day of election in 2028, and

(b)in every fourth year thereafter on the same day as the ordinary day of election.

(4) The term of office of the mayor returned at an election in 2024 for the return of a mayor for the Area—

(a)begins with 7th May 2024, and

(b)ends with the third day after the day of the poll at the next election for the return of a mayor for the Area.

(5) The term of office of the Mayor returned in each subsequent fourth year—

(a)begins with the fourth day after the day of the poll at the election for the return of the Mayor for the Area; and

(b)ends with the third day after the day of the poll at the next election for the return of the Mayor for the Area.

Political adviser_I6

6.—(1) The Mayor may appoint one person as the Mayor’s political adviser.

(2) Any appointment under paragraph (1) is an appointment as an employee of the Combined County Authority.

(3) No appointment under paragraph (1) may extend beyond—

(a)the term of office for which the Mayor who made the appointment was elected; or

(b)where the Mayor who made the appointment ceases to be the Mayor before the end of the term of office for which the Mayor was elected, the date on which the Mayor ceases to hold that office.

(4) A person appointed under paragraph (1) is to be regarded for the purposes of Part 1 of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under a local authority.

(5) Section 9(1), (8), (9) and (11) of the 1989 Act (assistants for political groups)(12), apply in relation to an appointment under paragraph (1) as if—

(a)any appointment to that post were the appointment of a person in pursuance of that section; and

(b)the Combined County Authority were a relevant authority for the purposes of that section.

(6) Subsection (3) of section 9 of the 1989 Act applies in relation to an appointment under paragraph (1) as if the words from “and that the appointment terminates” to the end of that subsection were omitted.

^F12PART 4 Housing, regeneration and planning

Conferral of functions corresponding to functions that the HCA has in relation to the Area

^F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition and appropriation of land for planning and public purposes

^F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Condition on the exercise of the functions conferred by regulations 7 and 8

^F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of certain provisions of the 1985 Act, the 1990 Act and the 2008 Act

^F1210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F13PART 5 Mayoral development corporation

Mayoral development corporation

^F1311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of provisions in the 2011 Act

^F1312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mayoral development corporation: incidental provisions

^F1313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 Transport

Local transport functions under the Transport Act 1985_I7

^F1414.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F15(4) ... the functions specified in—

(a)sections 63 and 64;

(b)sections 65 to 71;

(c)sections 72 to 76;

(d)sections 78 and 79;

(e)sections 88 to 92;

(f)sections 93 to 101;

(g)sections 103 to 105; and

(h)sections 106 and 106A(13),

of the Transport Act 1985 are exercisable by the Combined County Authority concurrently with the constituent councils.

^F16(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local transport functions under the Transport Act 2000_I8

^F1715.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F17(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F17(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F17(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F17(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The functions specified in—

(a)sections 134C to 138(14);

(b)section 145A(15);

(c)section 146; and

(d)sections 148 to 150,

of the 2000 Act, are exercisable by the Combined County Authority concurrently with the constituent councils.

Agreements between authorities and strategic highways companies_I9

^F1816. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil enforcement of road traffic contraventions_I10

^F1917. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Workplace parking levy_I11

18.—(1) The functions of the constituent councils as licensing authorities specified in the following enactments are exercisable by the Combined County Authority in relation to the Area—

(a)Chapters 2 and 3 of Part 3 of the 2000 Act (workplace parking levy);

(b)the Workplace Parking Levy (England) Regulations 2009(16).

(2) The functions mentioned in paragraph (1) are exercisable by the Combined County Authority concurrently with the constituent councils.

(3) Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the function is to be exercised.

(4) In paragraph (1), “ licensing authority ” has the meaning given by section 178(6)(a) of the 2000 Act (preliminary).

Grants to bus service operators_I12

19.—(1) Subject to paragraphs (2) to (4), the function of the Secretary of State set out in section 154(1) of the 2000 Act (grants to bus service operators) is exercisable by the Combined County Authority in relation to the Area.

(2) For the purpose of paragraph (1), section 154 of the 2000 Act has effect as if—

(a) in subsection (1), “with the approval of the Treasury (as respects England)” were omitted; and

(b) in subsection (3), for “with the approval of the Treasury (as respects England)” there were substituted “and notified to the Combined County Authority” .

(3) Grants made under paragraph (1) must be calculated in accordance with such method as may be provided by any regulations made by the Secretary of State by virtue of section 154(2) of the 2000 Act.

(4) Grants must not be made under paragraph (1) to the extent that eligible bus services operate outside the Area.

(5) The function mentioned in paragraph (1) is exercisable concurrently with the Secretary of State in relation to the Area.

(6) In paragraph (4), “ eligible bus services ” has the meaning given by section 154(5) of the 2000 Act.

Permit schemes_I13

20.—(1) The functions of the constituent councils as local highway authorities specified in the following provisions of the 2004 Act are exercisable by the Combined County Authority in relation to the Area—

(a)section 33 (preparation of permit schemes)(17);

(b)section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)(18);

(c)section 36 (variation and revocation of permit schemes)(19).

(2) The functions of the constituent councils as Permit Authorities specified in the 2007 Regulations are exercisable by the Combined County Authority in relation to the Area.

(3) The functions mentioned in paragraphs (1) and (2) are exercisable by the Combined County Authority concurrently with the constituent councils.

(4) Part 3 of the 2004 Act (permit schemes) applies in relation to the preparation, implementation, variation and revocation of permit schemes by the Combined County Authority as it applies in relation to the preparation, implementation, variation and revocation of permit schemes by a constituent council as a local highway authority, subject to the modifications in Schedule 4 to these Regulations.

(5) References in the 2007 Regulations to a Permit Authority are to be read as including references to the Combined County Authority.

(6) Any exercise of the functions conferred by paragraphs (1) and (2) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.

(7) In this regulation—

(a) “ the 2007 Regulations ” means the Traffic Management Permit Scheme (England) Regulations 2007 ( 20 );

(b) “ Permit Authority ” has the same meaning as in regulation 2(1) of the 2007 Regulations; and

(c) “ permit scheme ” is to be construed in accordance with section 32 of the 2004 Act (meaning of “ permit scheme ”).

Power to pay grant_I14

^F2021. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 7 Health functions

Public health functions_I15

22.—(1) Section 2B(1) of the 2006 Act (functions of local authorities and Secretary of State as to improvement of public health)(21) applies to the Combined County Authority as it applies to the constituent councils.

(2) The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.

Duty to have regard to documents and guidance_I16

23. Subsection (1) of section 73B of the 2006 Act (exercise of public health functions of local authorities: further provision)(22) applies to the Combined County Authority as it applies to the constituent councils in the exercise of the functions mentioned in subsection (2) of that section.

Application of section 75 of the 2006 Act_I17

24.—(1) Save as provided by section 75(7G) to (7J)(23), section 75 of the 2006 Act (arrangements between NHS bodies and local authorities), and regulations made under that section before the coming into force of these Regulations, apply to the Combined County Authority in the exercise of its public health functions as those provisions apply to the constituent councils.

(2) But where the Combined County Authority enters into prescribed arrangements by virtue of section 75(7I) and (7J) of the 2006 Act, and is thus treated as an NHS body in relation to those prescribed arrangements, it may not enter into those same prescribed arrangements in relation to the exercise of its public health functions, unless, and to the extent that, it is permitted to do so by regulations made under section 75(1) of the 2006 Act.

(3) In this regulation—

(a) “ NHS body ” is to be construed in accordance with sections 75(8) and 275 of the 2006 Act ( 24 );

(b) “ prescribed arrangements ” is to be construed in accordance with section 75 of the 2006 Act;

(c) “ public health functions ” means functions exercisable by virtue of regulation 22 of these Regulations.

Duty to have regard to NHS Constitution_I18

25.—(1) Section 2(1) of the Health Act 2009 (duty to have regard to NHS Constitution)(25) applies to the Combined County Authority in the exercise of any health service function as it applies to the constituent councils in the exercise of any health service function.

(2) In paragraph (1), “ health service function ” has the meaning given by section 2(3) of the Health Act 2009 ( 26 ).

PART 8 Mayoral functions

Functions exercisable only by the Mayor_I19

26.—(1) The functions of the Combined County Authority set out in the following enactments are general functions exercisable only by the Mayor—

^F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[^F22 section^F22] 154(1) (grants to bus service operators) of the 2000 Act(27);

^F23(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F24(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)in relation to the functions conferred by regulation 29 (conferral of Business Rate Supplements functions), the BRS Act;

^F25(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F26(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F26(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F26(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F26(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F26(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F26(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F26(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F26(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F26(9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) For the purposes of the exercise of [^F27any mayoral function^F27] the Mayor may do anything that the Combined County Authority may do under section 49 of the 2023 Act (general power of CCA).

(11) The Mayor must not make arrangements under section 30(3)(b) of the 2023 Act (functions of mayors: general) for a political adviser appointed under regulation 6 to exercise the functions specified in paragraph (1).

Joint committees_I20

^F2827. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 9 Funding

Funding_I21

28.—(1) Subject to [^F29paragraph (2)^F29] , the constituent councils must ensure that the costs of the Combined County Authority reasonably attributable to the exercise of its functions are met.

(2) Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of [^F30any mayoral function^F30] , to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined County Authority.

(3) Any amount payable by each of the constituent councils in accordance with paragraphs (1) and (2) is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in equal proportions.

(4) In relation to the expenditure mentioned in paragraph (2)—

(a)to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (3)—

(i)the Mayor must agree with the Combined County Authority the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure, and

(ii)in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred;

(b)any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992(28) is to be disregarded from any calculation of the costs of the expenditure.

^F31(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conferral of Business Rate Supplements functions_I22

29. The Combined County Authority has, in relation to the Area, functions corresponding to the functions conferred on the Greater London Authority in relation to Greater London by the BRS Act, except for the functions conferred by section 3(5) (use of money raised by a BRS) of that Act.

Application of BRS Act in consequence of regulation 30_I23

30. For the purposes of regulation 29, the BRS Act applies to the Combined County Authority as if —

(a)references to the Greater London Authority in section 2(1) (levying authorities) and in section 5(2) (prospectus) of the BRS Act included references to the Combined County Authority;

(b)references in that Act to a lower-tier authority were, in relation to the Combined County Authority, references to a district council.

PART 10 Additional functions

Assessment of economic conditions

^F3231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Data sharing

^F3332. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Incidental provisions_I24

33. The following provisions of the Local Government Act 1972 have effect in relation to the Combined County Authority as if it were a local authority—

(a)section 113 (power to place staff at the disposal of other local authorities)(29);

^F34(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F34(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F34(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F34(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3534. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3635. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

_I25

36. In Part 2 of Schedule 3 (pension funds) to the Local Government Pension Scheme Regulations 2013(30) in the table insert at the end—

Regulation 4

SCHEDULE 1 Constitution

Membership_I26

1.—(1) Subject to sub-paragraph (4), the Combined County Authority is to have eight members in addition to the Mayor as provided for in the following sub-paragraphs.

(2) Each of the constituent councils must appoint two of its elected members to act as members of the Combined County Authority.

(3) Each constituent council must designate one of the members appointed under sub-paragraph (2) to act as lead member.

(4) Each constituent council must appoint another two of its elected members to act as a member of the Combined County Authority in the absence of either of the members appointed under sub-paragraph (2) (“the substitute member”).

(5) A person ceases to be a member or substitute member of the Combined County Authority if they cease to be a member of the constituent council that appointed them.

(6) A person may resign as a member or substitute member of the Combined County Authority by written notice served on the proper officer of the constituent council that appointed them, and the resignation takes effect on receipt of the notice by the proper officer of the council.

(7) Where a member or substitute member of the Combined County Authority’s appointment ceases by virtue of sub-paragraph (5) or (6) the constituent council that made the appointment must, as soon as practicable, give written notice of that fact to the Combined County Authority and appoint another of its elected members in that person’s place.

(8) A constituent council may at any time terminate the appointment of a member or substitute member appointed by it to the Combined County Authority and appoint another one of its elected members in that person’s place.

(9) Where a constituent council exercises its power under sub-paragraph (8), it must give written notice of the new appointment and the termination of the previous appointment to the Combined County Authority and the new appointment takes effect and the previous appointment terminates at the end of one week from the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.

(10) For the purposes of this paragraph, an elected mayor of a constituent council is to be treated as a member of the constituent council.

Non-constituent and associate members_I27

2.—(1) The Combined County Authority must have no more than eight non-constituent members and associate members.

(2) Each nominating body of the Combined County Authority must nominate another person to act as the member of the Combined County Authority in the absence of the member appointed under section 11(3) of the 2023 Act (non-constituent members of a CCA).

(3) An associate member appointed under section 12(1) of the 2023 Act (associate members of a CCA) must nominate another person to act as a member of the Combined County Authority in their absence.

Proceedings_I28

^F373.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) No business may be transacted at a meeting of the Combined County Authority unless the following persons are present—

(a)the Mayor or the deputy mayor acting in place of the Mayor, and

(b)at least three members of the Combined County Authority appointed by constituent councils under paragraph 1(2), or substitute members acting in their place.

(3) Where the deputy mayor is acting in the place of the Mayor they cannot also act in their capacity as a member of the Combined County Authority.

^F38(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F38(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F38(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F38(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F38(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F38(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Records_I29

4.—(1) The Combined County Authority must make arrangements for the names of members and substitute members present at any meeting to be recorded.

(2) Minutes of the proceedings of a meeting of the Combined County Authority, or any committee or sub-committee of the Combined County Authority, are to be kept in such form as the Combined County Authority may determine.

(3) Any such minutes are to be signed at the same or next suitable meeting of the Combined County Authority, committee or sub-committee as the case may be, by the person presiding at that meeting.

(4) Any minute purporting to be signed as mentioned in sub-paragraph (3) is to be received in evidence without further proof.

(5) Until the contrary is proved, a meeting of the Combined County Authority, committee or sub-committee, a minute of whose proceedings has been signed in accordance with this paragraph, is deemed to have been duly convened and held, and all the members and substitute members present at the meeting are deemed to have been duly qualified.

(6) For the purposes of sub-paragraph (3) the next suitable meeting is the next following meeting or, where standing orders made by the Combined County Authority provide for another meeting of the authority, committee or sub-committee to be regarded as suitable, either the next following meeting or that other meeting.

Standing orders_I30

5. The Combined County Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.

Remuneration_I31

6. Subject to paragraphs 7, 8 [^F398A^F39] and 9 no remuneration is to be payable by the Combined County Authority to its members, other than allowances for travel and subsistence paid in accordance with a scheme drawn up by the Combined County Authority.

_I32

7.—(1) The Combined County Authority may establish an independent remuneration panel to recommend a scheme to the Combined County Authority regarding the allowances payable to—

(a)the Mayor;

(b)the deputy mayor provided that the deputy mayor is not a leader or elected mayor of a constituent council;

(c)independent persons appointed under article 5 of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017; and

(d)members of the overview and scrutiny committee and members of the audit committee.

(2) An independent remuneration panel must consist of at least three members none of whom—

(a)is also a member of the Combined County Authority or is a member of a committee or sub-committee of the Combined County Authority or a member of a constituent council of the Combined County Authority or a member of a district council; or

(b)is disqualified from being or becoming a member of the Combined County Authority.

(3) The Combined County Authority may pay the expenses incurred by the independent remuneration panel established under paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the Combined County Authority may determine.

_I33

8. The Combined County Authority may only pay an allowance to the people listed in paragraph 7(1)(a) to (d) if the Combined County Authority has —

(a)considered a report published by the independent remuneration panel established under paragraph 7(1) which contains recommendations for such an allowance; and

(b)approved a scheme for the payment of the allowance providing that scheme does not provide for the payment of allowances of an amount in excess of the amount recommended by the independent remuneration panel.

[^F40 8A. Where the Combined County Authority pays a relevant allowance to a person—

(a)that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and

(c)the Combined County Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

8B. In paragraph 8A, “ relevant allowance ” means an allowance payable under paragraph 7 to any person referred to in that paragraph, which is not an allowance for travel and subsistence. ^F40]

_I34

9. The Combined County Authority must consider a report from the independent remuneration panel before approving a scheme under paragraph 7.

Regulation 10(5)

^F41SCHEDULE 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 12(1)

^F42SCHEDULE 3 Modification of the application of Part 8 of the 2011 Act

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 20(4)

SCHEDULE 4 Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004 _I35

1.—(1) Part 3 of the 2004 Act is modified as follows.

(2) Section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England) has effect as if—

(a) subsection (1) were omitted;

(b) for subsection (2) there were substituted—

“(2) A permit scheme prepared in accordance with section 33(1) or (2) by the Combined County Authority does not have effect in the Area unless the Combined County Authority gives effect to it by order.”;

(c) subsection (3) were omitted.

(3) Section 36 (variation and revocation of permit schemes) has effect as if, for subsections (1) to (3) there were substituted—

“(1) The Combined County Authority may by order vary or revoke a permit scheme to the extent that it has effect in the Area by virtue of an order made by the Combined County Authority under section 33A(2).

(2) The Secretary of State may direct the Combined County Authority to vary or revoke a permit scheme by an order under subsection (1).

(3) An order made by the Combined County Authority under subsection (1) may vary or revoke an order made by the Combined County Authority under section 33A(2), or an order previously made by the Combined County Authority under subsection (1).”.

(4) Section 39 (interpretation of Part 3) has effect as if, in subsection (1), after the definition of “the appropriate national authority”, there were inserted—

““the Area” means the area of the Combined County Authority;

“the Combined County Authority” means the East Midlands Combined County Authority;”.