Explanatory Notes

Local Transport Act 2008

2008 CHAPTER 26

26 November 2008

Commentary

Part 5: Integrated Transport Authorities etc.

Section 100: Limits on power to promote well-being

252.Subsection (1) limits the power established in section 99 by preventing an ITA from taking any action that is prevented by a statutory prohibition, restriction or limitation. Subsection (2) prevents ITAs from using the well-being power in section 99 to raise money. Subsection (3) allows the Secretary of State to prevent one or more ITAs from using the power to do anything which the Secretary of State specifies by order that they should not do, subject to the consultation requirements in subsection (5).

253.Subsection (7) permits the Secretary of State to issue guidance to ITAs on the exercise of the power, subject to the consultation requirements in subsection (8). Subsection (10) provides that any order made under the preceding subsections will be a statutory instrument subject to the affirmative resolution procedure.