PART 1 General

Citation and commencement_I1

1.—(1) These Regulations may be cited as the Devon and Torbay Combined County Authority Regulations 2025.

(2) These Regulations come into force on the day after the day on which they are made.

Interpretation_I2

2. In these Regulations—

“ the 1980 Act ” means the Highways Act 1980 ( 2 );

^F1...

^F2...

^F3...

“ the 2004 Act ” means the Traffic Management Act 2004 ( 3 );

^F4...

“ the 2023 Act ” means the Levelling-up and Regeneration Act 2023 ( 4 );

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

“ Combined County Authority ” means the Devon and Torbay Combined County Authority as constituted by regulation 3;

“ constituent councils ” means the councils for the local government areas( 5 ) of Devon and Torbay;

“ district councils ” means East Devon District Council, Exeter City Council, Mid Devon District Council, North Devon Council, South Hams District Council, Teignbridge District Council, Torridge District Council and West Devon Borough Council;

^F5...

^F6 ... “ local highway authority ” [^F7 has ^F7] the same meaning as in [^F8 section ^F8] 329(1) of the 1980 Act( 6 );

^F9...

PART 2 Establishment of a combined county authority for Devon and Torbay

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 Devon and Torbay Combined County Authority.

(3) The functions of the Combined County Authority are those functions conferred or imposed upon it by or under these Regulations or 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 makes provision about the constitution of the Combined County Authority.

^F10PART 3 Housing, regeneration and planning

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

^F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition and appropriation of land for planning and public purposes

^F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Condition on the exercise of the functions conferred by regulations 5 and 6

^F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 Transport

Local transport functions under the Transport Act 1985

^F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local transport functions under the Transport Act 2000

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

Agreements between authorities and strategic highways companies

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

Civil enforcement of road traffic contraventions

^F1412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Permit schemes_I5

13.—(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)(7);

(b)section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)(8);

(c)section 36 (variation and revocation of permit schemes)(9).

(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 3 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—

“ the 2007 Regulations ” means the Traffic Management Permit Scheme (England) Regulations 2007 ( 10 );

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

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

Power to pay grant

^F1514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 Additional functions

Assessment of economic conditions

^F1615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General power of competence in relation to economic development and regeneration

^F1716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Data sharing

^F1817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Incidental provisions_I6

18. The following provisions of the Local Government Act 1972(11) 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)(12);

^F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F19(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2019. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

_I7

21. In Part 2 of Schedule 3 (pension funds) to the Local Government Pension Scheme Regulations 2013(13) in the table insert at the end—

PART 6 Funding

Funding, including levy funding_I8

^F2222.—(1) ... The constituent councils must ensure that the costs of the Combined County Authority reasonably attributable to the exercise of its functions are met.

(2) The amount payable by each of the constituent councils is to be determined by apportioning the costs of the Combined County Authority referred to in paragraph (1) between the constituent councils in such proportions as they may agree or, in default of such agreement, in proportion to the total resident population at the relevant date of the area of each council concerned as estimated by the Statistics Board.

(3) For the purposes of paragraph (2) the relevant date in relation to a payment for a financial year is 30th June in the financial year which commenced two years prior to the current financial year.

^F23(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F24(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this regulation “ financial year ” means the period of 12 months ending with 31st March in any year.

Regulation 4

SCHEDULE 1 Constitution

Membership_I9

1.—(1) Each constituent council must appoint three of its elected members to be members of the Combined County Authority.

(2) Each constituent council must appoint one of the persons appointed under paragraph (1) to be the lead member for that council.

(3) Each constituent council must appoint another three of its elected members who may act as members of the Combined County Authority in the absence of any of the members they appointed under sub-paragraph (1) (“substitute member”).

(4) Only one substitute member may act as a member of the Combined County Authority in the absence of each absent member appointed under sub-paragraph (1) at any time.

(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 the appointment of a member or substitute member of the Combined County Authority 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) The term “proper officer” in this paragraph is to be construed as a reference to an officer appointed by the relevant constituent council for that purpose.

Non-constituent and associate members_I10

2.—(1) The Combined County Authority must have no more than six (in total) 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.

Chair and vice-chair_I11

3.—(1) The Combined County Authority must in its first year and in each alternate year thereafter, appoint a chair and a vice-chair from among its constituent members(14) and the appointments are to be the first business transacted after the appointment of members of the Combined County Authority, at the first meeting of the Combined County Authority, and in subsequent years at a biennial meeting of the Combined County Authority.

(2) An appointment under paragraph (1) may include a reappointment.

(3) The chair and vice-chair must not have been appointed by the same constituent council.

(4) A person ceases to be chair or vice-chair of the Combined County Authority if they cease to be a member of the Combined County Authority.

(5) If a vacancy arises in the office of chair or vice-chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the Combined County Authority, or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.

Proceedings_I12

^F254.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) No business shall be transacted at a meeting of the Combined County Authority unless at least four members or substitute members acting in a member’s place are present at the meeting.

(3) For the purposes of paragraph (2), one of the members present must be the chair or vice chair.

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

^F27(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Questions relating to the following matters require that both the members appointed under paragraph 1(2) are in the majority, to be carried—

(a)approval or amendment of the Combined County Authority’s budget;

(b)appointment of the Combined County Authority’s chief executive;

(c)adoption of any local transport plan under section 108(3) of the Transport Act 2000(15);

(d)approval or amendment of the Combined County Authority’s constitution or standing orders;

^F28(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F29 (6A) Where section 24E of the 2023 Act (non-mayoral CCA: functions imposing financial liability) applies to the Combined County Authority, the requirement in section 24E(2) is only satisfied if consent is given by the member of the relevant constituent council appointed under paragraph 1(2), or where any substitute member is acting in place of that member, that substitute member.^F29]

^F30(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F31(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration

[^F32 5. Except as provided for by paragraphs 6, 7, 7A and 8, no remuneration or allowances are to be payable by the Combined County Authority to its members, other than—

(a)allowances for travel and subsistence paid in accordance with a scheme drawn up by the Combined County Authority;

(b)allowances payable in accordance with a scheme made under section 52A of the 2023 Act.^F32]

_I13

6. The Combined County Authority may pay an allowance to—

(a)members of the overview and scrutiny committee and any sub-committee of that committee;

(b)members of the audit committee.

_I14

7.—(1) The Combined County Authority may only pay an allowance to the people listed in paragraph 6 if—

(a)the Combined County Authority has—

(i)established an independent remuneration panel under article 16 of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017(16), and

(ii)considered a report published by the independent remuneration panel established under sub-paragraph (a) which contains recommendations for such an allowance, and

(b)the allowance paid does not exceed the amount specified in the recommendation made by the independent remuneration panel.

(2) Article 16(2)(a) of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017 applies in relation to the Combined County Authority as if after “sub-committee of that authority” there were inserted “or a member of a constituent council or a member of a district council” .

[^F33 7A. 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.^F33]

[^F34 7B. In paragraph 7A, “relevant allowance” means—

(a) an allowance payable under paragraph 6 to any person referred to in that paragraph, which is not an allowance for travel and subsistence;

(b) an allowance payable in accordance with a scheme made under section 52A of the 2023 Act.^F34]

_I15

8. A constituent council may, in accordance with its own scheme of allowances, pay a special responsibility allowance to any constituent member appointed by it to the Combined County Authority in respect of duties and responsibilities undertaken as a member of the Combined County Authority.

_I16

9. The Combined County Authority must appoint an independent person(17) to be the chair of the overview and scrutiny committee appointed by the Combined County Authority.

Records_I17

10.—(1) The Combined County Authority must make arrangements for the names of members and substitute members present at any meeting of the Combined County Authority 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_I18

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

Regulation 8

^F35SCHEDULE 2

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

Regulation 13

SCHEDULE 3 Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004 _I19

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 Devon and Torbay Combined County Authority;”.