The West of England Combined Authority Order 2017

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

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

(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)(1);

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

(i) paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc.); and

(j) paragraphs 1, 2, 3, 4, 6, 10 and 20 of Schedule 4 (extinguishment or removal powers for the HCA).

(2) The Combined Authority may 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 Area;

(b) to secure the regeneration or development of land or infrastructure in the Area;

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

(d) to contribute to the achievement of sustainable development and good design in the Area,

with a view to meeting the needs of people living in the 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)(2) applies in relation to an acquisition by the Combined Authority as it applies to the HCA.

Commencement Information

I1 Art. 18 in force at 9.2.2017, see art. 1(3)(b)

(1)

Section 11 was amended by section 32(1) and (2) of the Infrastructure Act 2015.

(2)

1961 c. 33. Section 23 was amended by section 66 of, and paragraph 1 of Schedule 14 to, the Planning and Compensation Act 1991 (c. 34), sections 181 and 187 of, and paragraph 1 of Schedule 22 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) and by section 56 of, and paragraph 2 of Schedule 8 to, the 2008 Act.