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

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PART 8Mayoral development corporations

Application of provisions in the 2011 Act40.

(1)

Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as it applies in relation to the Mayor of London, with the modifications made by Schedule 6.

(2)

Chapter 2 of Part 8 of the 2011 Act applies in relation to a Corporation as it applies in relation to a Mayoral development corporation, with the modifications made by Schedule 6.

(3)

Subject to paragraph (6), in any enactment (whenever passed or made)—

(a)

any reference to a Mayoral development corporation; or

(b)

any reference which falls to be read as a reference to a Mayoral development corporation,

is to be treated as including a reference to a Corporation.

(4)

For the purposes of any transfer scheme relating to a Corporation under any provisions of the 2011 Act applied with modifications by this Order, paragraph 9 of Schedule 24 to the 2011 Act (transfers under scheme under section 17, 200(1) or (4) or 216(1)) applies in relation to—

(a)

any property, rights or liabilities transferred to or from a Corporation in accordance with a transfer scheme; or

(b)

anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a Corporation in accordance with such a transfer scheme,

as it applies in relation to a Mayoral development corporation.

(5)

For the purposes of establishing a Corporation, giving the Corporation a name, giving effect to any decisions notified to the Secretary of State under sections 199(4) (exclusion of land from Mayoral development areas), 202(8) (decisions about planning functions), or 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 Act or in relation to the transfer of land to or from a Corporation under any provision of the 2011 Act, applied with modifications by this Order, section 235 of the 2011 Act (orders and regulations) applies in relation to—

(a)

the power of a Minister of the Crown to make an order under sections 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a Mayoral development corporation) of that Act; and

(b)

the power of the Treasury to make regulations under paragraph 9(2) of Schedule 24 to that Act,

as it applies in relation to the establishment of a Mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the Secretary of State (under sections 199(4), 202(8) and 214(6) of the 2011 Act) or in relation to the transfer of land to or from a Mayoral development corporation.

(6)

Paragraph (3) does not apply to—

(a)

paragraph 9(8)(a) of Schedule 2 to the Channel Tunnel Rail Link Act 1996 (works: further and supplementary provisions)82;

(b)

section 31(1A) of the 1999 Act (limits of the general power)83;

(c)

section 38 of the 1999 Act (delegation)84;

(d)

section 60A(3) of the 1999 Act (confirmation hearings etc for certain appointments by the Mayor or Mayor’s office for policing and crime)85;

(e)

section 68(6) of the 1999 Act (disqualification and political restriction)86;

(f)

section 73 of the 1999 Act (monitoring officer)87;

(g)

section 403B of the 1999 Act (acquisition of land by MDC and TfL for shared purposes)88;

(h)

section 424 of the 1999 Act (interpretation)89;

(i)

section 24(4) of the 2004 Act (conformity with spatial development strategy)90; and

(j)

paragraph 8(8)(a) of Schedule 2 to the Crossrail Act 2008 (works: further and supplementary provisions)91.

(7)

In this article “transfer scheme” means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 Act.