Legislation – The North East Mayoral Combined Authority (Establishment and Functions) Order 2024

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Introduction

PART 1
General

1 Citation, commencement, and extent

2 Interpretation

PART 2
Establishment

3 Dissolution of the combined areas of Durham, Gateshead, South Tyneside and Sunderland and Newcastle Upon Tyne, North Tyneside and Northumberland and the abolition of their respective combined authorities

4 Abolition of the Joint Transport Committee

5 Establishment of the North East Mayoral Combined Authority

6 Constitution of the Combined Authority

PART 3
Transfer of Functions, Property, Rights, Assets and Liabilities and associated provision

7 Transfer of property, assets, rights and liabilities

8 Transfer of functions

9 Continuity provision

10 Extension of financial year of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority

11 Statutory Officers

12 Pension liabilities

PART 4
Election of Mayor

13 Cancellation of the election for the mayor of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority in 2024

14 The Mayor

15 The Mayor’s first and subsequent terms of office

16 Modification of the Combined Authorities (Mayoral Elections) Order 2017

17 Political adviser

PART 5
Transport

18 Passenger Transport Executive

19 Transfer of functions etc. relating to transport

20 Adaptation of enactments

21 Agreements between authorities and strategic highways companies

22 Permit schemes

23 Promoting road safety

24 Grants to bus service operators

25 Bus lane contraventions

26 Funding in respect of transport functions – levy

27 Power to pay grant – general

28 Modification of the 2000 Act – implementation of the local transport plan

PART 6
Education, Skills and Training

29 Adult education functions of the Secretary of State transferred to the Combined Authority in relation to the Combined Area

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

31 Conditions on the exercise of functions mentioned in articles 29 and 30

32 Modification of provisions in ASCLA

33 Functions of the constituent councils to be exercised concurrently with the Combined Authority

PART 7
Housing, regeneration and planning

34 Conferral of functions corresponding to functions that the Homes and Communities Agency has in relation to the Combined Area

35 Acquisition and appropriation of land for planning and public purposes

36 Application of provisions of the HA 1985, the 1990 Act and the 2008 Act

37 Spatial development strategy

38 Adaptation of enactments in consequence of article 37

PART 8
Mayoral development corporations

39 Mayoral development corporations

40 Application of provisions in the 2011 Act

41 Mayoral development corporation: incidental provisions

PART 9
Mayoral functions and funding

42 Functions

43 Joint committees

44 Funding

45 Conferral of the Business Rate Supplements functions

46 Modification of BRSA in consequence of article 45

PART 10
Additional functions and incidental provision

47 Other functions

48 Incidental provisions

49 Modification of section 13 of the 1989 Act

50 Amendment of the Local Government Pension Scheme Regulations 2013

51 Data sharing

SCHEDULES

SCHEDULE 1 Constitution

SCHEDULE 2 Adaptation of certain transport-related legislation

SCHEDULE 3 Modification of provisions in ASCLA in their application in relation to the Combined Authority

SCHEDULE 4 Modification of the 2008 Act

SCHEDULE 5 Spatial development strategy

SCHEDULE 6 Modification of the application of Part 8 of the 2011 Act

Signature

Explanatory note

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Changes and effects yet to be applied to Article 41:

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

PART 8Mayoral development corporations

Mayoral development corporation: incidental provisions41.

(1)

The following provisions of the 1989 Act apply in relation to a Corporation as if it were a local authority—

(a)

section 1 (disqualification and political restriction of certain officers and staff)92; and

(b)

sections 2 and 3A (politically restricted posts and exemptions from restriction) insofar as they have effect for the purposes of section 1.

(2)

Section 5 of the 1989 Act (designation and reports of monitoring officer)93 applies in relation to the Combined Authority as if a Corporation were a committee of the Combined Authority.

(3)

Section 32 of the 2003 Act (application to Greater London Authority) applies in relation to expenditure of a Corporation but as if—

(a)

each reference to a functional body were a reference to a Corporation;

(b)

each reference to the Greater London Authority were a reference to the Combined Authority;

(c)

each reference to the Mayor of London were a reference to the Mayor; and

(d)

subsection (7) were omitted.

Annotations:
Commencement Information

I1Art. 41 in force at 7.5.2024, see art. 1(3)

92

Section 1 was amended by section 80 of the 1972 Act, Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24), paragraphs 199 and 200 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and by section 123 of and paragraph 61 of Schedule 1 to the Policing and Crime Act 2017 (c. 3) (“the 2017 Act”).

93

Section 5 was amended by Part 1 of Schedule 4 to the Police and Magistrates’ Courts Act 1994 (c. 29), paragraph 1 of Schedule 7 to the Police Act 1996 (c. 16), section 132 of the 1999 Act, paragraph 24 of Schedule 5 to the Local Government Act 2000 (c. 22), paragraph 14 of Part 2 to Schedule 12 and Part 14 of Schedule 18 to the Local Government and Public Involvement in Health Act 2007, paragraphs 12 and 13 of Schedule 14 and Part 4 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23), paragraphs 199 and 202 of Part 3 of Schedule 16 to the Police Reform and Social Responsibility Act 2011, sections 6 and 9 of and paragraph 63 of Schedule 1 and paragraph 88 of Schedule 2 to the Policing and Crime Act 2017 and articles 1(2), 2(l) and 23(1)(a) to (f) of S.I. 2001/2237.