The York and North Yorkshire Combined Authority Order 2023
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Change 1
21 Lane rental schemes
(1) The functions of the constituent councils approved as Approved Authorities that are specified in the 2012 Regulations are exercisable by the Combined Authority in relation to the Area. (2) The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent council. (3) The 2012 Regulations apply in relation to the operation of lane rental schemes by the Combined Authority as they apply in relation to the operation of lane rental schemes by a constituent council that is an Approved Authority. (4) For the purposes of paragraph (3), references in the 2012 Regulations to an Authorised Authority are to be read as including references to the Combined Authority. (5) In this article— (a) “Approved Authority” has the same meaning as in regulation 2 of the 2012 Regulations; (b) “lane rental scheme” means a scheme whereby an undertaker executing street works in a maintainable highway is required to pay to the highway authority a charge determined by reference to the duration of the works; and (c) “the 2012 Regulations” means the Street Works Charges for Occupation of the Highway (England) Regulations 2012. (6) The Combined Authority may not exercise the functions conferred by paragraph (1) unless — (a) all of the constituent councils are Approved Authorities; and (b) each constituent council in whose area it is proposed that the functions are to be exercised has consented— (i) to the exercise of those functions; and (ii) to the exercise of the functions specified in article 20 (permit schemes) pursuant to paragraph (8) of that article.
21 Lane rental schemes
(1) The functions of the constituent councils approved as Approved Authorities that are specified in the 2012 Regulations are exercisable by the Combined Authority in relation to the Area. (2) The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent council. (3) The 2012 Regulations apply in relation to the operation of lane rental schemes by the Combined Authority as they apply in relation to the operation of lane rental schemes by a constituent council that is an Approved Authority. (4) For the purposes of paragraph (3), references in the 2012 Regulations to an Authorised Authority are to be read as including references to the Combined Authority. (5) In this article— (a) “Approved Authority” has the same meaning as in regulation 2 of the 2012 Regulations; (b) “lane rental scheme” means a scheme whereby an undertaker executing street works in a maintainable highway is required to pay to the highway authority a charge determined by reference to the duration of the works; and (c) “the 2012 Regulations” means the Street Works Charges for Occupation of the Highway (England) Regulations 2012. (6) The Combined Authority may not exercise the functions conferred by paragraph (1) unless — (a) all of the constituent councils are Approved Authorities; and (b) each constituent council in whose area it is proposed that the functions are to be exercised has consented— (i) to the exercise of those functions; and (ii) to the exercise of the functions specified in article 20 (permit schemes) pursuant to paragraph (8) of that article.
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