Transport (Wales) Act 2006

Local transport functions

3 Local transport plans

The Schedule (which makes provision about local transport plans) has effect.

4 Arrangements for discharge of transport functions

(1) The Assembly may direct two or more local authorities in Wales to enter into arrangements—

(a) in the terms specified in the direction, and

(b) in relation to the discharge of transport functions specified in the direction.

(2) The arrangements may in particular be or include arrangements for the joint discharge of transport functions.

(3) In deciding whether to give a direction under this section in relation to particular functions, the Assembly must in particular have regard to the interests of economy, efficiency and effectiveness in the discharge of the functions.

(4) The Assembly may vary or revoke a direction given under this section in relation to particular functions by a further such direction, but only if it is satisfied that, on variation or revocation, satisfactory arrangements will be in place for the discharge of those functions.

(5) Before giving, varying or revoking a direction under this section the Assembly must consult the local authorities concerned and any other persons it considers appropriate.

(6) “Transport function” means a function of a local authority in Wales relating to transport.

5 Joint transport authorities

(1) The Assembly may by order establish a body (to be known as a joint transport authority) to discharge specified transport functions for an area made up of all or any part or parts of the areas of two or more specified local authorities in Wales.

(2) Before making an order under subsection (1) the Assembly must consult the local authorities concerned and any other persons it considers appropriate.

(3) A joint transport authority must be established as a body corporate.

(4) An order under subsection (1) may include provision—

(a) about the composition of the joint transport authority (including the appointment of members of the authority by the local authorities concerned and by the Assembly);

(b) about the proceedings of the authority (including different provision in respect of the voting rights of different categories of member);

(c) about the financing of the authority;

(d) about the discharge of the functions of the authority (including provision for the discharge of functions by committees);

(e) about officers of the authority;

(f) about the acquisition, appropriation and disposal of land by the authority (including provision for the acquisition of land by agreement or compulsorily);

(g) for the transfer of staff, property, rights and liabilities to the authority;

(h) for the payment of compensation in respect of loss suffered by any person in consequence of the constitution of the authority;

(i) for specified enactments relating to local authorities in Wales and transport functions to have effect, in relation to the authority and its functions, with any specified modifications.

(5) If an order under subsection (1) includes provision for the appointment of members of the authority by persons other than the local authorities concerned, the order must not provide for the total number of members so appointed to be equal to, or exceed, half the total number of members capable of being appointed.

(6) The Assembly may vary or revoke an order under subsection (1) only if it is satisfied that, on variation or revocation, satisfactory arrangements will be in place for the discharge of the functions of the joint transport authority.

(7) An order varying or revoking an order under subsection (1) may include provision for the transfer of staff, property, rights and liabilities from the joint transport authority to one or more other joint transport authorities or local authorities in Wales.

(8) Before varying or revoking an order under subsection (1) the Assembly must consult—

(a) any joint transport authorities and local authorities in Wales which appear to it likely to be affected;

(b) any other persons it considers appropriate.

(9) An order under subsection (1) is to be treated as being Assembly general subordinate legislation for the purposes of the Government of Wales Act 1998 (c. 38).

(10) For the purposes of section 74 of the Local Government Finance Act 1988 (c. 41) (levies)—

(a) a joint transport authority is to be treated as a levying body with respect to which regulations may be made under subsection (2) of that section, and

(b) the reference in that subsection to the council concerned is to be treated as a reference to the local authorities specified in the order under subsection (1) establishing the joint transport authority.

(11) In this section—

• “specified”, in relation to an order under subsection (1), means specified in the order;

• “transport function” means a function of a local authority in Wales relating to transport.

6 Financial assistance: local transport functions

(1) The Assembly may give financial assistance to—

(a) joint transport authorities, and

(b) local authorities in Wales,

for the purpose of enabling or facilitating them to discharge their functions relating to transport.

(2) The Assembly may attach conditions to financial assistance under this section.