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

PART 9Mayoral functions and funding

Functions42.

(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—

(a)

the functions of the Combined Authority corresponding to those specified in—

(i)

section 17 of the HA 1985 (acquisition of land for housing purposes) insofar as they are exercisable for the purpose of acquiring land compulsorily in accordance with section 17(3); and

(ii)

section 9(2) of the 2008 Act (acquisition of land);

(b)

the functions of the Combined Authority corresponding to those specified in sections 334 to 342 and 346 of the 1999 Act;

(c)

the functions of the Combined Authority corresponding to those specified in the following provisions of the 2000 Act—

(i)

section 108 (local transport plans);

(ii)

section 109 (further provision about plans: England);

(iii)

section 112 (plans and strategies: supplementary);

(iv)

section 154(1) (grants to bus service operators);

(d)

the power to pay grants under section 31 of the 2003 Act (power to pay grant);

(e)

the functions of the Combined Authority corresponding to the functions specified in the following provisions of the 2011 Act—

(i)

section 197 (designation of mayoral development areas);

(ii)

section 199 (exclusion of land from Mayoral development areas);

(iii)

section 200 (transfer of property etc. to a Mayoral development corporation);

(iv)

section 202 (functions in relation to Town and Country Planning);

(v)

section 204 (removal or restriction of planning functions);

(vi)

sections 214 to 217;

(vii)

sections 219 to 221; and

(viii)

paragraphs 1 to 4, 6 and 8 of Schedule 21 (Mayoral Development Corporations);

(f)

the functions conferred by article 45 of this Order (conferral of the Business Rates Supplements functions).

(3)

The exercise by the Mayor of the functions specified in paragraph (2)(a) requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

(4)

The exercise by the Mayor of the functions corresponding to the functions contained in section 197(1) of the 2011 Act (designation of Mayoral development areas) requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

(5)

The exercise by the Mayor of the functions corresponding to the functions contained in section 199(1) of the 2011 Act (exclusion of land from Mayoral development areas) in respect of any Mayoral development area requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

(6)

The 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)

the Northumberland 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 Northumberland National Park; and

(b)

each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.

(7)

The exercise by the Mayor of any other function requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised if it would lead to a financial liability falling directly upon that constituent council or if the requirement for such consent is specified in the Combined Authority’s constitution (see Schedule 1).

(8)

Members and officers of the Combined Authority may assist the Mayor in the exercise of the functions referred to in paragraph (2).

(9)

For the purposes of the exercise of the general functions mentioned in paragraph (1) 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).

(10)

The Mayor may not delegate any of their functions to their political adviser appointed under article 17.