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 6Transport

Apparatus affected by highway, bridge or transport works22.

(1)

The functions of the constituent councils as highway authorities specified in the following enactments are exercisable by the Combined Authority in relation to the Area—

(a)

sections 83, 84 and 85 of the New Roads and Street Works Act 199171 (“the 1991 Act”); and

(b)

the 2000 Regulations.

(2)

The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.

(3)

The 2000 Regulations apply in relation to the sharing of costs of diversionary works between the Combined Authority and undertakers as they apply in relation to the sharing of costs of diversionary works between a constituent council and undertakers.

(4)

For the purposes of paragraph (3), references in the 2000 Regulations to an authority are to be read as including references to the Combined Authority.

(5)

In this article—

(a)

“the 2000 Regulations” means the Street Works (Sharing of Costs of Works) (England) Regulations 200072;

(b)

“undertaker” has the same meaning as in sections 48(4) and (5) (streets, street works and undertakers) and 89(4) (public sewers, sewer authorities and related matters) of the 1991 Act73; and

(c)

“diversionary works” has the meaning given by regulation 2(1) of the 2000 Regulations.

(6)

Any exercise of the functions conferred by paragraph (1) requires the consent of each member of the Combined Authority appointed by a constituent council pursuant to paragraph 1(2) of Schedule 1 to the 2014 Order or the substitute member acting in their place.

71

1991 c. 22. Section 83 was amended by section 40 of, and Schedule 1 to the Traffic Management Act 2004 (c. 18).

73

Section 48 was amended by section 124 of the Local Transport Act 2008 (c. 26) and section 89 was amended by Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and section 57 of the Traffic Management Act 2004 (c. 18).