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 3Education, skills and training functions

Concurrent exercise of local authority functions5.

(1)

The functions of the constituent councils described in the provisions set out in paragraph (2), are exercisable by the Combined Authority in relation to the Area.

(2)

The provisions referred to in paragraph (1) are—

(a)

section 51A of the Further and Higher Education Act 1992 (duty to provide for named individuals)23;

(b)

section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential)24;

(c)

section 560A of the Education Act 1996 (work experience for persons over compulsory school age)25;

(d)

section 10 of the Education and Skills Act 2008 (local authority to promote fulfilment of duty imposed by section 2)26;

(e)

section 12 of the Education and Skills Act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2)27;

(f)

section 68 of the Education and Skills Act 2008 (support services: provision by local authorities)28;

(g)

section 70 of the Education and Skills Act 2008 (local authorities: supplementary powers)29;

(h)

section 71 of the Education and Skills Act 2008 (provision of support on conditional basis: learning and support agreements)30; and

(i)

section 85 of the Education and Skills Act 2008 (co-operation as regards provision of 14–19 education and training)31.

(3)

The functions are exercisable concurrently with the constituent councils.

(4)

Any requirement in any enactment for a constituent council to exercise any of the functions referred to in paragraph (1) may be fulfilled by the exercise of that function by the Combined Authority.

(5)

The provisions referred to in paragraph (1) apply to the Combined Authority as they apply to a constituent council.

(6)

Section 10 of the Children Act 200432 (co-operation to improve well-being) applies to the Combined Authority as it applies to a constituent council for the purposes of the provision of 14-19 education or training in the Area within the meaning of section 85(5) of the Education and Skills Act 2008.
23

Section 51A was inserted by section 44 of the Apprenticeships, Skills, Children and Learning Act 2009 and was amended by S.I. 2010/1158.

24

1996 c. 56. Section 13A was inserted by section 59 of, and paragraph 3 of Schedule 2 to, the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and amended by section 82 of, and paragraph 4 of Schedule 3 to, the Children and Families Act 2014 (c. 6) and by S.I. 2010/1158.

25

Section 560A was inserted by section 47 of the Apprenticeships, Skills, Children and Learning Act 2009.

26

Section 10 was amended by S.I. 2010/1158.

27

Section 12 was amended by S.I. 2010/1158.

28

Section 68 was amended by section 28 of the Education Act 2011 (c. 21) and by S.I. 2010/1158

29

Section 70 was amended by section 28 of the Education Act 2011 and by S.I. 2010/1158.

30

Section 71 was amended by section 28 of the Education Act 2011.

31

Section 85 was amended by S.I. 2010/1158.

32

2004 c. 31. Section 10 was amended by section 39 of and paragraph 4 of Schedule 3 to the Offender Management Act 2007 (c. 21), section 169 of and paragraphs 82 and 83 of Part 2 of Schedule 1 to the Education and Skills Act 2008, section 193 and 266 of and Part 5 of Schedule 16 to the Apprenticeships, Skills, Children and Learning Act 2009, section 99 of and paragraphs 330 and 331 of Part 3 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13), section 67 of and paragraph 23 of Schedule 16 to the Education Act 2011 (c. 21), section 55 of and paragraphs 127 and 128 of Schedule 5 to the Health and Social Care Act 2012 (c. 7), section 82 of and paragraph 80 of Part 2 of Schedule 3 to the Children and Families Act 2014 (c. 6), and by S.I. 2010/1158.