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

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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

Changes to legislation:

There are currently no known outstanding effects for The North East Mayoral Combined Authority (Establishment and Functions) Order 2024, Section 48. Help about Changes to Legislation

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PART 10Additional functions and incidental provision

Incidental provisions48.

(1)

The provisions specified in paragraph (2) have effect in relation to the Combined Authority as if the Combined Authority were a local authority for the purposes of those provisions.

(2)

The provisions referred to in paragraph (1) are—

(a)

section 113 of the 1972 Act (placing staff at the disposal of other local authorities)99;

(b)

section 142(2) of the 1972 Act (power to arrange for publication information etc relating to the functions of the authority)100; and

(c)

section 222 of the 1972 Act (power to prosecute and defend legal proceedings)101.

(3)

The Combined Authority has the power to exercise any of the functions described in subsection (1)(a) and (b) of section 88 of the Local Government Act 1985 (research and collection of information)102 whether or not a scheme is made under that section.

(4)

For the purposes of paragraph (3) of this article, paragraphs (a) and (b) of section 88(1) of the Local Government Act 1985 have effect as if a reference to “that area” were a reference to the Combined Area.

(5)

The functions of the constituent councils under section 1 of the 2011 Act, to the extent that those functions are exercisable for the purpose of economic development and regeneration, are exercisable by the Combined Authority in relation to the Combined Area.

Annotations:
Commencement Information

I1Art. 48 in force at 7.5.2024, see art. 1(3)

99

Section 113 was amended by paragraph 151 of Schedule 4 to the National Health Service Reorganisation Act 1973 (c. 32); by section 66(1) of and paragraph 13 of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19), by paragraph 18 of Schedule 4 to the Health and Social Care (Community Health and Standards) Act 2003 (c. 43); by paragraph 51(a) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c. 43); by paragraph 17 of Schedule 5, paragraph 3 of Schedule 7, paragraph 45 of Schedule 14 and paragraph 3 of Schedule 17 to the Health and Social Care Act 2012 (c. 7); by S.I. 2000/90; by S.I. 2002/2469; and by S.I. 2007/961.

100

Section 142(2) was amended by section 3(1)(a) of the Local Government Act 1986 (c. 10); there are other amendments which are not relevant to this instrument.

101

To which there are amendments not relevant to this instrument.

102

1985 c. 51; section 88 was amended by section 396 of the 1999 Act.