The West Midlands Combined Authority (Functions and Amendment) Order 2017

Made: 30th March 2017

Coming into force in accordance with article 1

Accordingly, the Secretary of State makes the following Order:

PART 1 — General

Citation and commencement

1

• (1) This Order may be cited as the West Midlands Combined Authority (Functions and Amendment) Order 2017.

• (2) Save as provided in paragraph (3) this Order comes into force on 8th May 2017.

• (3) Article 24(3)(d)(ii) comes into force on the day after the day on which this Order is made.

Interpretation

2

In this Order—

• “the 1980 Act” means the Highways Act 1980[^f00006];

• “the 1988 Act” means the Road Traffic Act 1988[^f00007];

• “the 1989 Act” means the Local Government and Housing Act 1989[^f00008];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00009];

• “the 1997 Act” means the Road Traffic Reduction Act 1997[^f00010];

• “the 1999 Act” means the Greater London Authority Act 1999[^f00011];

• “the 2000 Act” means the Transport Act 2000[^f00012];

• “the 2003 Act” means the Local Government Act 2003[^f00013];

• “the 2004 Act” means the Traffic Management Act 2004[^f00014];

• “the 2008 Act” means the Housing and Regeneration Act 2008[^f00015];

• “the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;

• “the 2011 Act” means the Localism Act 2011[^f00016];

• “the 2016 Order” means the West Midlands Combined Authority Order 2016[^f00017];

• “combined area” means the combined area of the Combined Authority;

• “the Combined Authority” means the West Midlands Combined Authority, a body corporate established by the 2016 Order[^f00018];

• “Combined Authority roads” means the highways specified in Schedule 1;

• “constituent council” means the councils for the local government areas of Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton;

• “Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, with the modifications made by Schedule 4, following the designation of an area of land by the Combined Authority;

• “the HCA” means the Homes and Communities Agency[^f00019]; and

• “the Mayor” means the mayor for the combined area, except where the context otherwise requires[^f00020].

PART 2 — Transport

Power to pay grant

3

• (1) The functions of a Minister of the Crown[^f00021] specified in section 31 of the 2003 Act (power to pay grant) are functions of the Combined Authority that are exercisable in relation to the combined area.

• (2) The functions are exercisable by the Combined Authority concurrently with a Minister of the Crown.

• (3) Paragraph (4) applies where, in exercising functions referred to in paragraphs (1) and (2), the Combined Authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions.

• (4) In determining that amount, the Combined Authority must have regard to the desirability of ensuring that the constituent council has sufficient funds to facilitate the effective discharge of those functions.

• (5) To comply with paragraph (4), the Combined Authority must take into account any other sources of funding available to the constituent council for expenditure incurred or to be incurred in relation to the exercise of its highway functions.

• (6) For the purposes of the exercise by the Combined Authority of the functions referred to in paragraphs (1) and (2), section 31 of the 2003 Act has effect as if—

• (a) in subsection (1)—

• (i) the reference to a Minister of the Crown were a reference to the Combined Authority;

• (ii) the reference to a local authority in England were a reference to a constituent council;

• (b) subsection (2) were omitted;

• (c) in subsections (3) and (4), the references to the person paying it (the grant) were references to the Combined Authority;

• (d) subsection (6) were omitted.

• (7) In this article “highway functions” means the functions which are exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority.

Agreements between authorities and strategic highways companies

4

• (1) The functions of the constituent councils specified in section 6 of the 1980 Act (powers to enter into agreements with the Minister or strategic highways companies relating to the exercise of functions with respect to trunk roads etc)[^f00022] are exercisable by the Combined Authority in relation to the combined area.

• (2) The functions of the constituent councils as local highway authorities specified in section 8 of the 1980 Act (power to enter into agreements with local highway authorities and strategic highways companies for the doing of certain works)[^f00023] are exercisable by the Combined Authority in relation to Combined Authority roads.

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

• (4) In this article “local highway authority” has the meaning given by section 329(1) of the 1980 Act[^f00024].

Promoting road safety

5

• (1) The functions of the constituent councils specified in section 39(2) and (3) of the 1988 Act (duties of local authorities in relation to measures designed to promote road safety and studies into vehicular accidents arising, etc)[^f00025] are exercisable by the Combined Authority in relation to the combined area.

• (2) The functions are exercisable by the Combined Authority concurrently with the constituent councils.

Bus lane contraventions

6

• (1) The functions of the constituent councils in relation to each of their civil enforcement areas are exercisable by the Combined Authority in relation to the Enforcement Area.

• (2) The functions are exercisable by the Combined Authority (in relation to the Enforcement Area) concurrently with each constituent council (in relation to its civil enforcement area).

• (3) For the purposes of this article, the Combined Authority is to be treated as an enforcement authority for the Enforcement Area in relation to bus lane contraventions, and references in the General Provisions Regulations or the Appeals and Representations Regulations to an enforcement authority or a civil enforcement area are to be construed accordingly.

• (4) In this article—

• (a) “the General Provisions Regulations” means the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022;

• (aza) “the Appeals and Representations Regulations” means the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022;

• (aa) “bus lane contravention” has the meaning given in the Transport Management Act 2004 (see section 93 of and Schedule 7 to that Act);

• (b) “civil enforcement area” means an area falling within Schedule 8 to the Traffic Management Act 2004 (civil enforcement areas and enforcement authorities)[^f00028] and which falls within a constituent council’s area;

• (c) “Enforcement Area” means the area comprising the civil enforcement areas of the constituent councils.

Road traffic reduction

7

• (1) The functions of the constituent councils as principal councils specified in section 2 of the 1997 Act (duty of principal councils to make reports) are exercisable by the Combined Authority in relation to Combined Authority roads.

• (2) Subject to paragraph (3), the functions are exercisable by the Combined Authority instead of by the constituent councils.

• (3) The Combined Authority must consult the constituent councils before exercising the functions mentioned in paragraph (1).

• (4) In this article “principal council” has the meaning given by section 1 of the 1997 Act[^f00029].

Permit schemes

8

• (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 Authority in relation to Combined Authority roads—

• (a) section 33 (preparation of permit schemes)[^f00030];

• (b) section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)[^f00031]; and

• (c) section 36 (variation and revocation of permit schemes)[^f00032].

• (2) The functions of the constituent councils as permit authorities specified in the 2007 Regulations are exercisable by the Combined Authority in relation to Combined Authority roads.

• (3) The functions mentioned in paragraph (1) and (2) are exercisable by the Combined 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 Authority as it applies in relation to the preparation, implementation, variation and revocation of permit schemes by a constituent council, subject to the modifications in Schedule 2.

• (5) The 2007 Regulations apply in relation to the content, preparation, operation, variation and revocation of permit schemes by the Combined Authority as they apply in relation to the content, preparation, operation, variation and revocation of permit schemes by a constituent council.

• (6) For the purposes of paragraph (5), references in the 2007 Regulations to a Permit Authority are to be read as including references to the Combined Authority.

• (7) In this article—

• (a) “permit scheme” is to be construed in accordance with section 32 of the 2004 Act; and

• (b) “the 2007 Regulations” means the Traffic Management Permit Scheme (England) Regulations 2007[^f00033];

Apparatus affected by highway, bridge or transport works

9

• (1) The functions of the constituent councils as highway authorities specified in the following enactments are exercisable by the Combined Authority in relation to Combined Authority roads—

• (a) sections 83 (works for road purposes likely to affect apparatus in the street), 84 (measures necessary where apparatus affected by major works)[^f00034] and 85 (sharing of cost of necessary measures) of the 1991 Act; and

• (b) the 2000 Regulations.

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

• (3) The 2000 Regulations apply in relation to the sharing of costs of diversionary works between the Combined Authority and undertakers as they apply in relation to the sharing of costs of diversionary works between a constituent council and undertakers.

• (4) For the purposes of paragraph (3), references in the 2000 Regulations to an authority are to be read as including references to the Combined Authority.

• (5) In this article—

• (a) “the 2000 Regulations” means the Street Works (Sharing of Costs of Works) (England) Regulations 2000[^f00035];

• (b) “undertaker” has the same meaning as in sections 48(4) and (5) (streets, street works and undertakers) and 89(4) (public sewers, sewer authorities and related matters) of the 1991 Act[^f00036]; and

• (c) “diversionary works” has the meaning given by regulation 2(1) of the 2000 Regulations.

PART 3 — Housing and regeneration

Conferral of functions corresponding to functions that the HCA has in relation to the combined area

10

• (1) The functions of the HCA which are specified in the following provisions in the 2008 Act that are exercisable in relation to the combined area are to be functions of the Combined Authority—

• (a) section 5 (powers to provide housing or other land);

• (b) section 6 (powers for regeneration, development or effective use of land);

• (c) section 7 (powers in relation to infrastructure);

• (d) section 8 (powers to deal with land etc);

• (e) section 9 (acquisition of land);

• (f) section 10 (restrictions on disposal of land);

• (g) section 11 (main powers in relation to acquired land)[^f00037]; and

• (h) section 12 (powers in relation to, and for, statutory undertakers).

• (2) The Combined Authority is to exercise the functions contained in the provisions specified in paragraph (1) for the purposes of or for purposes incidental to the following objects—

• (a) to improve the supply and quality of housing in the combined area;

• (b) to secure the regeneration or development of land or infrastructure in the combined area;

• (c) to support in other ways the creation, regeneration or development of communities in the combined area or their continued well-being; and

• (d) to contribute to the achievement of sustainable development and good design in the combined area,

with a view to meeting the needs of people living in the combined area.

• (3) The functions contained in the provisions specified in paragraph (1) are—

• (a) exercisable concurrently with the HCA; and

• (b) subject to Schedules 2 and 3 to the 2008 Act.

• (4) In paragraph (2) “good design” and “needs” have the meanings given by section 2(2) of the 2008 Act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

• (5) Section 23(3) of the Land Compensation Act 1961 (compensation where planning decision made after acquisition)[^f00038] applies in relation to an acquisition by the Combined Authority as it applies in relation to the HCA.

Application of provisions of the 2008 Act

11

• (1) This article has effect in consequence of article 10.

• (2) Chapters 1 and 2 of Part 1 of the 2008 Act apply in relation to the powers of the Combined Authority to acquire land for housing and infrastructure under the functions specified in article 10(1) and land acquired by the Combined Authority under those functions as they apply to the HCA and land acquired by the HCA, with the modifications made by Schedule 3.

PART 4 — Mayoral Development Corporations

Conferral of functions corresponding to functions that the Mayor of London has in relation to Greater London to designate Mayoral development areas

12

• (1) The Combined Authority shall have in relation to the combined area functions corresponding to the following functions specified in the provisions in the 2011 Act, that the Mayor of London has in relation to Greater London—

• (a) section 197 (designation of Mayoral development areas);

• (b) section 199 (exclusion of land from Mayoral development areas);

• (c) section 200 (transfers of property etc to a Mayoral development corporation);

• (d) section 202 (functions in relation to town and country planning);

• (e) section 204 (removal or restriction of planning functions);

• (f) section 214 (powers in relation to discretionary relief from non-domestic rates);

• (g) section 215 (reviews);

• (h) section 216 (transfers of property, rights and liabilities);

• (i) section 217 (dissolution: final steps);

• (j) section 219 (guidance by the Mayor);

• (k) section 220 (directions by the Mayor);

• (l) section 221 (consents);

• (m) paragraph 1 of Schedule 21 (membership);

• (n) paragraph 2 of Schedule 21 (terms of appointment of members);

• (o) paragraph 3 of Schedule 21(staff);

• (p) paragraph 4 of Schedule 21 (remuneration etc: members and staff);

• (q) paragraph 6 of Schedule 21 (committees); and

• (r) paragraph 8 of Schedule 21 (proceedings and meetings).

• (2) The exercise by the Combined Authority of the functions corresponding to the functions specified in section 197 (designation of Mayoral development areas) of the 2011 Act requires the consent of at least one member of the Combined Authority appointed by each of the constituent councils, or a substitute member acting in place of one of those members, whose local government area contains any part of the combined area to be designated as a Mayoral development area.

• (3) The exercise by the Combined Authority of the functions corresponding to the functions specified in section 199 (exclusion of land from Mayoral development areas) of the 2011 Act in respect of any Mayoral development area requires the consent of at least one member of the Combined Authority appointed by each of the constituent councils, or a substitute member acting in place of one of those members, whose local government area contains any part of the combined area to be excluded from a Mayoral development area.

• (4) The exercise by the Combined Authority of the functions corresponding to the functions specified in section 202(2) to (4) of the 2011 Act (functions in relation to town and country planning) in respect of any Mayoral development area requires the consent of at least one member of the Combined Authority appointed by each of the constituent councils, or a substitute member acting in place of one of those members, whose local government area contains the whole or any part of the combined area in respect of which the Combined Authority proposes to exercise the functions.