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

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PART 4Housing, regeneration and planning

Conferral of functions corresponding to functions that the HCA has in relation to the Area10.

(1)

The functions of the Homes and Communities Agency (“HCA”) which are specified in the following provisions of the 2008 Act are to be functions of the Combined Authority that are exercisable in relation to the Area—

(a)

section 5 (powers to provide housing or other land);

(b)

section 6 (powers for regeneration, development or effective use of land);

(c)

section 7 (powers in relation to infrastructure);

(d)

section 8 (powers to deal with land etc);

(e)

section 9 (acquisition of land);

(f)

section 10 (restrictions on disposal of land);

(g)

section 11 (main powers in relation to acquired land) M1;

(h)

section 12 (powers in relation to, and for, statutory undertakers);

(i)

paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc); and

(j)

paragraphs 1, 2, 3, 4, 6 (extinguishment or removal powers for the HCA), 10 (counter-notices) and 20 (notification of proposal to make order) of Schedule 4.

(2)

The Combined Authority must exercise the functions described in the provisions specified in paragraph (1) for the purposes of, or for purposes incidental to the objective of —

(a)

improving the supply and quality of housing in the Area;

(b)

securing the regeneration or development of land or infrastructure in the Area;

(c)

supporting in other ways the creation, regeneration or development of communities in the Area or their continued well-being; and

(d)

contributing to the achievement of sustainable development and good design in the Area,

with a view to meeting the needs of people living in the Area.

(3)

The functions described in the provisions specified in paragraph (1) are—

(a)

exercisable concurrently with the HCA; and

(b)

subject to Schedules 2 (acquisition of land) and 3 (main powers in relation to land acquired by the HCA) to the 2008 Act.

(4)

In paragraph (2) “good design” and “needs” have the meanings given by section 2(2) of the 2008 Act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

(5)

The exercise of the function referred to at sub-paragraph (e) of paragraph (1) is subject to the condition set out in article 12.

Annotations:
Commencement Information

I1Art. 10 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M1Section 11 was amended by section 32(1) and (2) of the Infrastructure Act 2015.