78Power to establish a new ITAE+W
(1)The Secretary of State may by order—
(a)designate any area in England outside Greater London as an integrated transport area, and
(b)establish an ITA for the integrated transport area.
(2)An order may be made only if the Secretary of State, having had regard to a scheme prepared and published under section 80 or 81, considers that the establishment of the ITA is likely to improve—
(a)the exercise of statutory functions relating to transport in the area to be designated, and
(b)the effectiveness and efficiency of transport within that area.
(3)The requirement in subsection (2) to have regard to a scheme does not apply in relation to any area if a direction has been given under section 81 in relation to the area and any period specified in the direction for the preparation and publication of a scheme has expired.
(4)An integrated transport area may be designated by an order only if it consists of the whole of two or more counties or districts.
(5)A local government area may be included in an integrated transport area designated by an order only if—
(a)it was included in the scheme prepared and published under section 80 or 81 (as the case may be), or
(b)in the circumstances described in subsection (3), it is the area of an authority to whom the direction under section 81 was given.
(6)No part of an integrated transport area established under this section may be separated from the rest of it by a territory which is part of another local government area but which is not included in the integrated transport area.
(7)Before making an order the Secretary of State must consult—
(a)such representatives of the appropriate authorities, and
(b)such other persons (if any),
as the Secretary of State considers appropriate.
(8)In subsection (7) the appropriate authorities are—
(a)if the area to be designated as an integrated transport area includes a county, the county council;
(b)if that area includes a district, the district council and the council of the county (if any) in which the district lies.
(9)In making an order the Secretary of State must have regard to the need—
(a)to reflect the identities and interests of local communities, and
(b)to secure effective and convenient local government.
Commencement Information
I1S. 78 partly in force; s. 78 in force at Royal Assent for certain purposes see s. 134
I2S. 78 in force at 9.2.2009 in so far as not already in force by S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1