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

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

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

43 Joint committees

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

Explanatory note

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Original (As enacted)

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PART 6Education, Skills and Training

Functions of the constituent councils to be exercised concurrently with the Combined Authority33.

(1)

The functions of the constituent councils described in the provisions set out in paragraph (2) are exercisable by the Combined Authority in relation to the Combined Area.

(2)

The provisions referred to in paragraph (1) are—

(a)

section 51A of the Further and Higher Education Act 1992 (duty to provide for named individuals: England)57;

(b)

section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential)58;

(c)

sections 15ZA, 15ZB, 15ZC, 18A(1)(b), 514A and 560A of the Education Act 1996 (duties and powers related to the provision of education and training for persons over compulsory school age)59;

(d)

section 10 of the Education and Skills Act 2008 (local authority to promote fulfilment of duty imposed by section 2)60;

(e)

section 12 of the Education and Skills Act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2)61;

(f)

section 68 of the Education and Skills Act 2008 (support services: provision by local authorities)62;

(g)

section 70 of the Education and Skills Act 2008 (local authorities: supplementary powers)63;

(h)

section 71 of the Education and Skills Act 2008 (provision of support on conditional basis: learning and support agreements)64; and

(i)

section 85 of the Education and Skills Act 2008 (co-operation as regards provision of 14–19 education and training)65.

(3)

The functions are exercisable concurrently with the constituent councils.

(4)

Any requirement in any enactment for—

(a)

a constituent council to exercise any of the functions referred to in paragraph (1) may be fulfilled by the exercise of that function by the Combined Authority;

(b)

the Combined Authority to exercise any of the functions referred to in paragraph (1) may be fulfilled by the exercise of that function by a constituent council.

(5)

The provisions referred to in paragraph (1) apply to the Combined Authority as they apply to a constituent council.