Local Transport Act 2008 Explanatory Notes

Section 83: Secretary of State’s power to direct a review of arrangements

218.This section provides that the Secretary of State can direct any combination of the following to carry out a review:

  • existing ITAs;

  • county or district councils in an existing integrated transport area; or

  • county or district councils which are not yet in an integrated transport area but could be included in one by virtue of a boundary change (see section 90).

219.The Secretary of State can direct that the review should consist of any of the matters covered by sections 84 to 91, namely:

  • the constitutional arrangements (for example the membership) of the ITA;

  • the delegation of functions from the Secretary of State or individual local authorities to an ITA (or to a local transport authority for areas where there is no longer an ITA);

  • conferring on an ITA a power to give directions to local authorities on the exercise of their highway and traffic authority powers; and

  • changing the boundaries of, or dissolving, an integrated transport area.

220.Subsection (6) provides that such a direction can also require the directed body or bodies to prepare and publish a scheme containing proposals which would require the making of an order by the Secretary of State to enable them to be implemented (for instance setting out how many representatives each authority in an integrated transport area would have on the ITA).

221.Subsection (8) sets out certain requirements which the direction can also impose, including the timetable for the review and the preparation and publication of the scheme, and certain issues which must be addressed in each of them (for instance, what would be the membership of the ITA).

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