PART 3Transport

Transfer of functions etc. relating to transportI17

1

The following functions are transferred to the Combined Authority—

a

the functions of an integrated transport authority which were exercisable by the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority immediately before the commencement date insofar as they relate to the combined area;

b

the functions of a county council under Parts 4 and 5 of the Transport Act 198513 which were exercisable by the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority immediately before the commencement date insofar as they relate to the combined area;

c

the functions of a county council as local transport authority under Part 2 of the Transport Act 200014 which were exercisable by the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority immediately before the commencement date insofar as they relate to the combined area; and

d

the issuing of levies in respect of the costs relating to the combined area reasonably attributable to the exercise of functions relating to transport under section 74 of the Local Government Finance Act 198815 to the councils for the local government areas of—

i

Newcastle Upon Tyne;

ii

North Tyneside; and

iii

Northumberland.

2

Subject to paragraph (3), the property, rights and liabilities that were transferred to the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority under article 6(2)(b) of the 2014 Order, and any other such property, rights and liabilities which have subsequently accrued to that authority in consequence of that transfer are to be held jointly by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Combined Authority.

3

The Durham, Gateshead, South Tyneside and Sunderland Combined Authority will continue to be the Scheme employer for the purposes of the Local Government Pension Scheme Regulations 2013 in place of the ITA and will continue to be responsible for meeting the liabilities of the Tyne and Wear Pension Fund in respect of benefits due to or in respect of the ITA’s employees or former employees, or any liabilities of any predecessor authority.

4

In any enactment (whenever passed or made)—

a

any reference to an integrated transport area; or

b

any reference which falls to be read as a reference to such an area,

is to be treated as including a reference to the combined area.

5

In any enactment (whenever passed or made)—

a

any reference to any integrated transport authority; or

b

any reference which falls to be read as a reference to such an authority,

is to be treated as including a reference to the Combined Authority.

6

Any reference in any enactment (whenever passed or made) relating to—

a

a function of a county council under Part 4 or 5 of the Transport Act 1985, or

b

a function of a county council as local transport authority under Part 2 of the Transport Act 2000,

and which is a reference to a county, or to any class of area which includes a county, is to be treated as including a reference to the combined area.

7

Any reference in any enactment (whenever passed or made) relating to—

a

a function of a county council under Part 4 or 5 of the Transport Act 1985; or

b

a function of a county council as local transport authority under Part 2 of the Transport Act 2000,

and which is a reference to a county council, or to any class of body which includes a county council, is to be treated as including a reference to the Combined Authority.