The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018

Continuity E+W

28.—(1) Nothing in this Order affects the validity of anything done, before the commencement date, by or in relation to—

(a) the ITA with respect to the functions, property, rights and liabilities transferred under article 6 of the 2014 Order and article 7 of this Order;

(b) Durham County Council and Northumberland County Council with respect to the functions transferred under article 8 of the 2014 Order;

(c) Durham County Council and Northumberland County Council with respect to the functions transferred under article 7(1)(b) and (c); and

(d) the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority with respect to functions exercised in relation to the combined area immediately before the commencement date.

(2) Anything (including legal proceedings) which—

(a) is in the process of being done by or in relation to the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority immediately before the commencement date; and

(b) which relates to any functions of the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority exercised in relation to the combined area excluding the functions exercisable by the joint transport committee under article 9(1)(a) to (g),

may be continued by or in relation to the Combined Authority.

(3) Anything which—

(a) is in effect immediately before the commencement date; and

(b) which was made or done by or in relation to the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority for the purposes of or otherwise in connection with any functions exercised in relation to the combined area excluding the functions exercisable by the joint transport committee under article 9(1)(a) to (g),

has effect as if made or done by or in relation to the Combined Authority.

(4) The Combined Authority is to be substituted for the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority in any instruments, contracts or legal proceedings which—

(a) are made or commenced before the commencement date; and

(b) relate to any of the functions exercisable by the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority in relation to the combined area excluding the functions exercisable by the joint transport committee under article 9(1)(a) to (g).

(5) Anything (including legal proceedings) which is in the process of being done by or in relation to a relevant body immediately before the commencement date and which relates to the functions exercisable by the joint transport committee under article 9(1)(a) to (g) may be continued by the Combined Authority and the Durham, Gateshead, South Tyneside and Sunderland Combined Authority acting jointly.

(6) Anything which—

(a) is in effect immediately before the commencement date; and

(b) which was made or done by or in relation to a relevant body for the purposes of or otherwise in connection with any of the functions exercisable by the joint transport committee under article 9(1)(a) to (g),

has effect as if made or done by or in relation to the Combined Authority and the Durham, Gateshead, South Tyneside and Sunderland Combined Authority acting jointly.

(7) The Combined Authority and the Durham, Gateshead, South Tyneside and Sunderland Combined Authority are jointly to be substituted for a relevant body in any instruments, contracts or legal proceedings which—

(a) are made or commenced before the commencement date;

(b) and relate to any of the functions exercisable by the joint transport committee under article 9(1)(a) to (g).

(8) Paragraphs (2) to (7) are subject to article 11(6) of the 2014 Order.

(9) For the purposes of this article, a relevant body is—

(a) the ITA;

(b) Durham County Council;

(c) Northumberland County Council; and

(d) the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority.

(10) A reference in this article to anything made or done by or in relation to a relevant body includes a reference to anything which by virtue of any enactment is to be treated a having been made or done by or in relation to that authority.

Commencement Information

I1 Art. 28 in force at 2.11.2018, see art. 1