Legislation – The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021

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Introduction

PART 1
General

1 Citation, commencement and application

2 Interpretation

PART 2
Election of Mayor

3 Election of Mayor

4 Political adviser

PART 3
Education, skills and training functions

5 Concurrent exercise of local authority functions

6 Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area

7 Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area

8 Conditions on the exercise of functions mentioned in articles 6 and 7

9 Modification of provisions in the Apprenticeships, Skills, Children and Learning Act 2009

PART 4
Housing, regeneration and planning

10 Conferral of functions corresponding to functions that the HCA has in relation to the Area

11 Acquisition and appropriation of land for planning and public purposes

12 Condition on the exercise of the functions conferred by articles 10 and 11

13 Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act

PART 5
Mayoral development corporation

14 Mayoral development corporation

15 Application of provisions in the 2011 Act

16 Mayoral development corporation: incidental provisions

PART 6
Transport

17 Power to pay grant

18 Grants to bus service operators

19 Agreements between authorities and strategic highways companies

20 Traffic regulation

21 Transport functions related to traffic signs and pedestrian crossings

22 Apparatus affected by highway, bridge or transport works

23 Permit schemes

24 Bus lane contraventions

PART 7
Additional functions

25 Assessment of economic conditions

26 Data sharing

PART 8
Mayoral functions

27 Functions exercisable only by the Mayor

28 Joint committees

PART 9
Funding

29 Funding

30 Transitional provision

31 Conferral of Business Rate Supplements functions

32 (1) The functions of the Combined Authority specified in article…

33 Adaptation of BRS in consequence of article 31

PART 10
Police and Crime Commissioner functions

34 Police and Crime Commissioner functions

35 Transfer of police and crime commissioner functions

36 Transfer of property, rights and liabilities

37 Secondments

38 Continuity

39 Foreign property etc, perfection of vesting

40 Transfers: supplementary provision

41 Extension of financial year of Police and Crime Commissioner and Chief Constable for West Yorkshire

42 Modifications to the Local Government Act 1972

PART 11
Amendment of the 2014 Order

43 Amendment of the 2014 Order

44 For Schedule 1 to the 2014 Order substitute the Schedule…

SCHEDULES

SCHEDULE 1 Modification of provisions of the Apprenticeships, Skills, Children and Learning Act 2009 in their application to the Combined Authority

SCHEDULE 2

SCHEDULE 3 Modification of the application of Part 8 of the 2011 Act

SCHEDULE 4 Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004

SCHEDULE 5 Modifications of police and crime commissioner enactments in their application to the Mayor

SCHEDULE 6 Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions

SCHEDULE 7

Signature

Explanatory note

PART 8Mayoral functions

Functions exercisable only by the Mayor27.

(1)

The functions of the Combined Authority specified in paragraph (2) are general functions exercisable only by the Mayor.

(2)

The functions referred to in paragraph (1) are the functions of the Combined Authority corresponding to the functions in the following enactments—

(a)

section 17(3) of the 1985 Act;

(b)

sections 108 (local transport plans), 109 (further provision about plans: England), 112 (plans and strategies: supplementary) and 154(1) (grants to bus service operators) of the Transport Act 200084;

(c)

section 31 of the 2003 Act;

(d)

section 9(2) of the 2008 Act;

(e)

sections 197, 199, 200, 202, 204, 214 to 217 and 219 to 221 of, and paragraphs 1 to 4, 6 and 8 of Schedule 21 to, the 2011 Act.

(3)

Any exercise by the Mayor of the functions corresponding to the functions contained in section 197(1) (designation of Mayoral development areas) of the 2011 Act requires the consent of—

(a)

each member of the Combined Authority appointed under paragraph 1(2) of Schedule 1 to the 2014 Order by a constituent council whose local government area contains any part of the area to be designated as a Mayoral development area or substitute members acting in place of those members; and

(b)

the Peak District National Park Authority if the Combined Authority proposes to exercise the function in respect of the whole or any part of the area of the Peak District National Park.

(4)

Any exercise by the Mayor of the functions corresponding to the functions contained in section 199(1) (exclusion of land from Mayoral development areas) of the 2011 Act in respect of any Mayoral development area requires the consent of each member of the Combined Authority appointed under paragraph 1(2) of Schedule 1 to the 2014 Order by a constituent council whose local government area contains any part of the area to be excluded from a Mayoral development area or substitute members acting in place of those members.

(5)

Any exercise by the Mayor of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 Act (functions in relation to town and country planning) in respect of any Mayoral development area requires the consent of—

(a)

each member of the Combined Authority appointed under paragraph 1(2) of Schedule 1 to the 2014 Order whose local government area contains any part of the area to be designated as a Mayoral development area or substitute members acting in place of those members; and

(b)

the Peak District National Park Authority if the Combined Authority proposes to exercise the functions in respect of the whole or any part of the area of the Peak District National Park.

(6)

Any exercise by the Mayor of the functions corresponding to the functions contained in section 17(3) of the 1985 Act (acquisition of land for housing purposes) and section 9(2) of the 2008 Act (acquisition of land) requires the consent of each member of the Combined Authority appointed under paragraph 1(2) of Schedule 1 to the 2014 Order whose local government area contains any part of the land subject to the proposed compulsory acquisition or substitute members acting in place of those members.

(7)

For the purposes of the exercise of the general functions mentioned in paragraph (2) the members and officers may assist the Mayor in the exercise of the function.

(8)

The members of the Combined Authority can amend plans made pursuant to sections 108, 109 and 112 of the Transport Act 2000 if a majority of members or substitute members acting in their place agree.

(9)

For the purpose of paragraphs (3)(a), (4), (5)(a), and (6) the consent must be given at a meeting of the Combined Authority.

(10)

For the purposes of the exercise of the functions mentioned in paragraph (2) the Mayor may do anything that the Combined Authority may do under section 113A of the 2009 Act (general power of EPB or combined authority).

84

2000 c .38. Section 108 was amended by section 3 of and paragraph 2 of the Schedule to the Transport (Wales) Act 2006 (c. 5); sections 7 to 9, 77 and 131 of and paragraphs 41 and 42 of Schedule 4 to and Part 1 of Schedule 7 to the Local Transport Act 2008; and by section 119 and paragraph 96 of Schedule 6 to the 2009 Act. Section 109 was amended by section 3 of and paragraph 3 of the Schedule to the Transport (Wales) Act 2006, section 9 of the Local Transport Act 2000, and by section 119 of and paragraph 97 of Schedule 6 to the 2009 Act. Section 112 was amended by sections 10, 11 and 131 of and Part 1 of Schedule 7 to the Local Transport Act 2008, and by section 222 of and paragraph 48 of Schedule 26 to the Equality Act 2010.