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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SCHEDULE 3Modification of the application of Part 8 of the 2011 Act

Article 15

1.

(1)

Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as modified in accordance with the following provisions.

(2)

Section 196 of the 2011 Act (interpretation of Chapter) has effect as if for the definitions of “the Mayor” and “MDC” there were substituted—

““the Area” means the area of the Combined Authority;

the Combined Authority” means the Combined Authority established by the West Yorkshire Combined Authority Order 2014;

Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 following the designation of an area of land by the Combined Authority;

National Park” means the Peak District National Park M1; and

National Park authority” means a National Park authority for a National Park.”.

(3)

Sections 197 to 222 of the 2011 Act have effect as if for each reference to—

(a)

“the Greater London Authority” there were substituted “the Combined Authority”;

(b)

“the Mayor” there were substituted “the Combined Authority” except for the occurrences in sections 197(3)(d) and (e), 199(2), 202(7)(a) and 214(4)(a); and

(c)

“MDC” there were substituted “Corporation”.

(4)

Section 197 of the 2011 Act (designation of Mayoral development areas) has effect as if—

(a)

in subsection (1) for “Greater London” there were substituted
the Area
;

(b)

in subsection (3)(a) for, “any one or more of the Greater London Authority’s principal purposes”, there were substituted “economic development and regeneration in the Area”;

(c)

in subsection (3)(d)—

(i)

for “the London Assembly” there were substituted
the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)
;

(ii)

for “the Mayor” there were substituted
the Mayor for the Area
; and

(iii)

for “subsection (4)(d), (e), (f) or (g)” there were substituted
subsection (4)(d) or (e)
;

(d)

in subsection (3)(e)—

(i)

for “the Mayor” there were substituted
the Mayor for the Area
; and

(ii)

for “the London Assembly” there were substituted
the Combined Authority
;

(e)

in subsection (3)(f) for “the London Assembly” there were substituted
the Combined Authority
;

(f)

in subsection (4)—

(i)

in paragraph (a) for “the London Assembly” there were substituted
the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)
;

(ii)

paragraph (b) were omitted;

(iii)

in paragraph (d) for “each London borough council whose borough” there were substituted
each district council whose local government area
;

(iv)

in paragraph (e) for “the Common Council of the City of London if any part of the area is within the City” there were substituted
a National Park authority if any part of the area is within a National Park,
;

(v)

paragraphs (f) and (g) were omitted;

(g)

in subsection (5)—

(i)

in paragraph (a) for “the London Assembly” there were substituted
the Combined Authority
;

(ii)

in paragraph (b) for “the London Assembly” there were substituted
the Combined Authority
;

(iii)

in paragraph (b)(i) for “the Assembly” there were substituted
the Combined Authority
;

(iv)

in paragraph (b)(ii) for “the Assembly members voting” there were substituted
all members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members) present and voting on that motion
;

(h)

in subsection (6)(c) for “Mayoral development corporation” there were substituted
Corporation
; and

(i)

subsection (7) were omitted.

(5)

Section 198 of the 2011 Act (Mayoral development corporations: establishment) has effect as if—

(a)

in the heading for “Mayoral development corporations” there were substituted
Corporations
; and

(b)

for every reference to “Mayoral development corporation” there were substituted
Corporation
.

(6)

Section 199 of the 2011 Act (exclusion of land from Mayoral development areas) has effect as if—

(a)

for “the London Assembly” there were substituted
the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)
; and

(b)

in subsection (2) for “the Mayor” there were substituted
the Mayor for the Area
.

(7)

Section 200 of the 2011 Act (transfers of property etc to a Mayoral development corporation) has effect as if—

(a)

in subsection (3)—

(i)

in paragraph (a), for “a London borough council” there were substituted
a district council wholly or partly in the Area
;

(ii)

paragraph (b) were omitted;

(iii)

in paragraphs (d) and (e), for “in Greater London” there were substituted
in the Area
;

(iv)

paragraph (k) were omitted;

(b)

in subsection (4) paragraph (b) were omitted; and

(c)

in subsection (10), the definitions of “functional body” and “public authority” were omitted.

(8)

Section 201 of the 2011 Act (object and powers) has effect as if subsection (8)(b) were omitted.

(9)

Section 202 of the 2011 Act (functions in relation to town and country planning) has effect as if—

(a)

in subsection (7)(a) for “the Mayor” there were substituted
the Mayor for the Area
;

(b)

in subsection (7)(c) for “the London Assembly” there were substituted
the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)
, and

(c)

in the definition of “affected local authority” for “(d), (e), (f) or (g)” there were substituted
(d) or (e)
.

(10)

Section 203 of the 2011 Act (arrangements for discharge of, or assistance with, planning functions) has effect as if—

(a)

for each reference to “a London borough council or the Common Council of the City of London” there were substituted
a district council, county council or a National Park authority
; and

(b)

in subsections (1) and (5), for each reference to “council” there were substituted
council or National Park Authority
.

(11)

Section 207 of the 2011 Act (acquisition of land) has effect as if—

(a)

in subsection (2) for “in Greater London” there were substituted
in the Area
; and

(b)

in subsection (3) for “the Mayor of London” there were substituted
the Combined Authority
.

(12)

Section 214 of the 2011 Act (powers in relation to discretionary relief from non-domestic rates) has effect as if—

(a)

in subsection (4)(a) for “the Mayor” there were substituted
the Mayor for the Area
;

(b)

in subsection (4)(c) for “the London Assembly or an affected local authority” there were substituted
the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members) or a district council wholly or partly in the Area
; and

(c)

in subsection (4) the definition of “affected local authority” were omitted.

(13)

Section 216 of the 2011 Act (transfers of property, rights and liabilities) has effect as if—

(a)

in subsection (2) “, (e)” were omitted; and

(b)

in subsection (4)—

(i)

the definition of “functional body” were omitted; and

(ii)

in the definition of “permitted recipient”—

(aa)

paragraph (b) were omitted,

(bb)

in paragraph (d) for “a London borough council” there were substituted
a district council wholly or partly within the Area
, and

(cc)

paragraph (e) were omitted.

(14)

Schedule 21 to the 2011 Act (Mayoral development corporations) has effect as if—

(a)

for each reference to—

(i)

“the Mayor” there were substituted “the Combined Authority”, except for the reference in paragraph 1(1);

(ii)

“the Mayor’s” there were substituted “the Combined Authority’s”;

(b)

for each reference to “an MDC” there were substituted
the Corporation
;

(c)

in paragraph 1(1)—

(i)

for “A Mayoral development corporation (“MDC”)” there were substituted
A Corporation
;

(ii)

for the reference to “the Mayor of London (“the Mayor”)” there were substituted
the Combined Authority
;

(d)

in paragraph 1(2) for “each relevant London council” there were substituted
each relevant district council
;

(e)

in paragraph 1(3)—

(i)

sub-paragraph (a) were omitted; and

(ii)

in sub-paragraph (b) for “a London council” there were substituted
a district council
;

(f)

in paragraph 1(5), for “an MDC” there were substituted
A Corporation
and for “MDC’s” there were substituted “Corporation’s”;

(g)

in paragraph 2(5)(d) for “a relevant London council” there were substituted
a relevant district council
;

(h)

in paragraph 3—

(i)

for “an MDC” there were substituted
a Corporation
;

(ii)

for “An MDC’s” in each place in which it occurs there were substituted “A Corporation’s”; and

(iii)

for “the MDC’s” there were substituted “the Corporation’s”;

(i)

in paragraph 4(4) for “the London Assembly” there were substituted
the Combined Authority
;

(j)

in paragraph 9(c) for “each relevant London council” there were substituted
each relevant district council
; and

(k)

in paragraph 10(1)(c) the reference to “and to the London Assembly” were omitted.