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

New Search

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 1General

Interpretation2.

In this Order—

“the 1972 Act” means the Local Government Act 19727;
“the 1985 Act” means the Transport Act 19858;
“the 1989 Act” means the Local Government and Housing Act 19899;
“the 1990 Act” means the Town and Country Planning Act 199010;
“the 1999 Act” means the Greater London Authority Act 199911;
“the 2000 Act” means the Transport Act 200012;
“the 2003 Act” means the Local Government Act 200313;
“the 2004 Act” means the Planning and Compulsory Purchase Act 200414;
“the 2008 Act” means the Housing and Regeneration Act 200815;

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;

“the 2011 Act” means the Localism Act 201116;
“the 2014 Order” means the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 201417—

(a)

for the purposes of this Part and Part 4, as in force on the day that this Order is made;

(b)

for all other purposes, as in force immediately before 7th May 2024;

“the 2018 Order” means the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 201818—

(a)

for the purposes of this Part and Part 4, as in force on the day that this Order is made;

(b)

for all other purposes, as in force immediately before 7th May 2024;

“ASCLA” means the Apprenticeships, Skills, Children and Learning Act 200919;

“apprenticeship training” has the meaning given in section 83(5) of the ASCLA;

“Combined Area” means the area consisting of the areas of the constituent councils;

“the Combined Authority” means the combined authority established by article 5;

“Constituent Council Member” means an elected member appointed to the Combined Authority by a constituent council pursuant to paragraph 1(1)(a) of Schedule 1;

“constituent councils” means the councils for the local government areas of Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland, and a reference to a “constituent council” is a reference to any one of those councils;

“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, as modified by Schedule 6, following the designation of an area of land by the Combined Authority;

“the Durham, Gateshead, South Tyneside and Sunderland Combined Authority” means the combined authority established by article 3 of the 2014 Order which by virtue of article 3(4) of the 2018 Order is known as the Durham, Gateshead, South Tyneside and Sunderland Combined Authority;

“HA 1985” means the Housing Act 198520;

“ITA” means the Tyne and Wear Integrated Transport Authority;

“the joint transport committee” means the committee appointed under article 8 of the 2018 Order as constituted immediately before 7th May 2024, that committee being the forum by way of which the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority made decisions in respect of the transport functions outlined in article 9(1) of the 2018 Order across the whole of the area covered by those combined authorities;

“Mayor” means the Mayor for the Combined Area as provided for by article 14, except in the terms “mayor of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority” and “Mayor of London”21;

“the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority” means the authority established by article 3(1) of the 2018 Order;

“person subject to adult detention” is to be construed in accordance with section 121(4) of the ASCLA;

“Substitute Constituent Council Member” means an elected member appointed to the Combined Authority by a constituent council pursuant to paragraph 1(1)(b) of Schedule 1;

“the TMA” means the Traffic Management Act 200422.