Table of Powers / Functions

Set out below is a table of the powers which the Constituent Councils are proposing are available to the Combined County Authority (CCA). The powers are those which the Constituent Councils believe are needed to enable the CCA to deliver the purposes outlined in this proposal. In considering our proposal the Government, and in particular, specialist legislative counsel, will review the table below and some of the detail set out may be required to change as a consequence of enactment of the Levelling-up and Regeneration Act, the drafting of establishment orders, and other consequential amendments to existing powers for combined authorities. The scope of powers to be available, and the broad terms of the exercise of those powers are unlikely to change; and in any event, the powers will not go beyond the scope set out in the governance section of this proposal, and the Devolution Deal.

General

Legislative Provisions From Concurrent exercise? Concent Voting
S1 Localism Act 2011 General Power of Competence (in relation to economic regeneration All LA’s Yes No Simple majority
Local Authorities (members allowances) (England) Regulations 2003 Reg 20 N/A No No Simple majority

Finance, Investment, Innovation and Trade

Legislative Provisions From Concurrent exercise? Consent Voting
Local Democracy,
Economic
Development and
Construction Act
2009

Section 69

Upper tier Councils Yes No, this will be reserved decision to constituent council’s with a requirement to consult and seek the participation of the districts and city. Simple majority
Crime and
Disorder Act
1998

Section 17A

Upper tier Councils Yes No Simple majority
Local
Government Act
1972

Sections 113,
142(2), 144, 145
and 222

All Local Authority’s (LAs) No (but LAs do not lose powers) No Simple majority
Local
Government Act
1985

Section 88 (1) and 88 (2)

All LAs No No Simple majority

Local Government and Housing Act 1989

Section 13

Applies to all powers conferred on any relevant authority by s102(7) of the Local Government Act 1972 N/a -this relates to voting right, rather than exercise of powers No N/A no voting
Local Government Pension Scheme Regulations 2013 N/a – provision for pension arrangements No- pensions are provided by pensions and the administering authority is Devon County Council No N/A no voting

Local Government Act 2003

Section 31

Minister Yes Where exercise of power will result in financial liability of a Constituent Council, that Constituent Council must consent. Simple majority

Skills and Education

Legislative Provisions From Concurrent exercise? Consent Voting
Apprenticeships, Skills, Children and Learning Act 2009

Sections 86 and 87, 88, 90 and 100(1)

Secretary of State functions Section 86, 87 and 88 are transferred.

Sections 90 and 100(1) are exercised concurrently with Secretary of State

None specified Simple majority
Education Act
1996

Sections 13A,
15ZA, 15ZB and
15ZC

Upper tier Councils Yes None specified Simple majority
Education and
Skills Act 2008

Sections 10, 12,
68, 70, 71 and 75

Upper tier Councils Yes None specified Simple majority
Further and
Higher Education
Act 1992

Section 51A

Upper tier Councils Yes None specified Simple majority

Housing and Planning

Legislative Provisions From Concurrent exercise? Consent Voting
Town and
Country Planning
Act 1990

Sections 226,
227, 229, 230,
232, 233, 235,
236, 238,
239,

LPA (Local Planning Authority) powers Yes Section 226 requires consent of lead member of CCA designated under paragraph 1(3) of schedule 1 whose area contains land subject to the acquisition, and of district councils and National Park Authorities in whose area the land subject to the acquisition is located. Simple majority
Housing and
Regeneration Act
2008

Sections 5, 6, 7,
8, 9, 10, 11, 12, 19
paragraphs 19
and 20 of
schedule 3 and
paragraphs 1, 2,
3, 4, 6, 10 and 20
of Schedule 4

Homes England powers Yes Section 9(2) requires consent of
– Lead member of CCA designated by Constituent Council whose local government area contains any part of the relevant land.
– Each district council whose area contains any part of the relevant land
– National Park Authorities whose area contains any part of the relevant land.
Where exercise results in financial liability falling on a Constituent Council, the consent of the lead member of that council is required.
Simple majority
Housing Act 1985

Sections 8, 11,
12, 17 and 18

City Council and District powers Yes Section 17(3) requires consent of:
– Lead member of CCA designated by Constituent Council whose local government area containing the relevant land.
– Each district council whose area contains any part of the relevant area.
– Where exercise of 77(3) results in financial liability falling on a Constituent Council, the consent of the lead member of that council is required.
– National Park Authorities whose area contains any part of the relevant land
Simple majority

Transport

Transport Act Part 2 2000

Legislative Provisions From Concurrent exercise? Consent required before exercise Voting When?

Local transport
plans and bus
strategies
(sections 108,
109 and 112)
(sections 110 to
11 repealed)
_______________________
Bus services: advanced
quality partnership
schemes (sections 113C
to 113O)
_______________________

Bus services:
quality
partnership
schemes
(sections 114 to
123)
_______________________
Bus services
franchising
schemes
(sections 123A
to 123X)
_______________________
Bus services:
advancing
ticketing
schemes
(sections 134C
to 134G)
_______________________
Bus services:
ticketing
schemes
(sections 135 to
138)
_______________________
Bus services:
enhanced
partnership
plans and
schemes
(sections 138A
to 138S)
_______________________
Bus services:
provision of
information
(section 139 to
141A)
_______________________
Bus services: miscellaneous
(sections 142 to 143B)
_______________________
Financial and
competition
provisions
(sections 152 to
159 (156 and
158 repealed)
_______________________
Supplementary
(Section 160 to
162)

A local transport authority or local transport authorities or a district council or a Passenger Transport Executive (as applicable) The following are concurrent during the transition period:
– 113C-123
– 123A-123X
– 124-134B
– 138A-143B
– 151-162

Thereafter, the following are concurrent and continuing:
– 134C-138
– 145A to 150

In respect of all powers:

Where exercise of power will result in financial liability of a Constituent Council, that Constituent Council must consent.

In addition, s123A- 123X are only exercisable with the consent of the affected Constituent Council.

Unanimous for s108-113 Otherwise, simple majority. From Establishment and on an ongoing basis.
Chapters 2 and 3 of Part 3 (Workplace parking levy, General and supplementary) and Workplace Parking Levy (England Regulations 2009) Not a CCA matter to remain with the constituent Local Authorities n/a n/a n/a n/a

Highways Act 1980

Legislative Provisions From Concurrent exercise? Consent required before exercise Voting When?
Section 6
Highways Act
1980
(Delegation etc.
of functions
with
respect to trunk
roads etc)
Public Authority Minister of Crown [or strategic highway company] With Constituent Councils. Only exercisable with the consent of the affected Constituent Council. Where exercise of power will result in financial liability of a Constituent Council, that Constituent Council must consent. Simple majority voting but the agreement of the Constituent Council would be needed before vote. From Establishment and on an ongoing basis.
Sections 8 of
the
Highways Act
1980
(Agreements
between
local highway
authorities [and
strategic
highways
companies] for
certain works)
Local Authority Local highway authorities [and strategic highway companies] With Constituent Councils. Only exercisable with the consent of the affected Constituent Council. Where exercise of power will result in financial liability of a Constituent Council, that Constituent Council must consent. Simple majority voting, but the agreement of the Constituent Council would be needed before vote. From Establishment and on an ongoing basis.

Part 4 Transport Act 1985

Legislative Provisions From Concurrent exercise? Consent required before exercise Voting When?
Passenger
Transport Areas
(section 57 to
62)
_______________________
(* – in relation
to sections 65
to 71 only)
_______________________
Passenger
Transport in
other areas
(sections 63 to
71)
_______________________
Further
Provisions
(sections 72 to
79)
_______________________
Miscellaneous
(section 80 to
87)
In a nonmetropolitan county in England and Wales, the county council, a nonmetropolitan district council in England, Passenger Transport Executive for any integrated transport area, council operating a bus undertaking, public transport company or its controlling authority, a Passenger Transport Executive or a council or local authority. Yes to run concurrent during the transition period In respect of all powers:

Where exercise of power will result in financial liability of a constituent council, that constituent council must consent.

Simple majority From Establishment and on an ongoing basis.

Part 5 Transport Act 1985

Legislative Provisions From Concurrent exercise? Consent required before exercise Voting When?
[* – in relation
to section 88
only]
_______________________
Expenditure on
public
passenger
transport
services
(sections 88 to
92)
_______________________
* Travel
Concession
Schemes
(sections 93 to
101 (102
repealed))
_______________________
Travel
concessions
apart from
schemes
(sections 103 to
105)
_______________________
Grants for
transport
facilities and
services
(sections 106
and 106A)
Any authority responsible for expenditure on public local transport, any local authority or any two or more local authorities acting jointly, Passenger Transport Executive, a county or district council operating any public passenger transport service, a parish council or community council, the Secretary of State The following are concurrent and continuing:
– s88 to 92
– s93-101
– s103-105
– s106 and 106A
In respect of all powers:
– Where exercise of power will result in financial liability of a Constituent Council, that Constituent Council must consent In addition:
– during transition period s88 only exercisable with consent of Constituent Council 
Simple majority From Establishment and on an ongoing basis.

Traffic Management Act 2004

Legislative Provisions From Concurrent exercise? Consent required before exercise Voting When?
Part 3 Permit
Schemes
Section 33
Section 33A
Section 36
Local Highway Authorities Concurrent and continuing. Only exercisable with the consent of the affected Constituent Council(s). Where exercise of power will result in financial liability of a constituent council, that constituent council must consent. Simple majority From Establishment and on an ongoing basis.
Part 6 (Civil
Enforcement of
Traffic
Contraventions)
and paragraph
10 (designation
of civil
enforcement
areas for moving
traffic
contraventions)
of Schedule 8
(civil
enforcement
areas and
enforcement
authorities
outside Greater
Enforcement Authority Concurrent and continuing. Only exercisable with the consent of the affected Constituent Council(s). Where exercise of power will result in financial liability of a Constituent Council, that Constituent Council must consent. Simple majority From Establishment and on an ongoing basis.