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

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EXPLANATORY NOTE
(This note is not part of the Order)

This Order abolishes the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, and revokes the legislation establishing those Authorities (S.I. 2014/1012 and S.I. 2018/1133 respectively). This Order establishes the North East Mayoral Combined Authority (“the Combined Authority”) in their place, further to powers under Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”). The Combined Authority is established on 7 May 2024.

Part 6 of the 2009 Act provides for the establishment of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate which may be given power to exercise specified functions of a local authority under section 105 of the 2009 Act, and power to exercise specified functions of any other public authority under section 105A of the 2009 Act.

Part 2 of the Order establishes the Combined Authority and provides for there to be a mayor for the area of the Combined Authority. Schedule 1 to the Order makes provision about the constitution of the Combined Authority.

Part 3 of the Order provides for the transfer to the Combined Authority of certain of the assets and liabilities etc. of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, whilst also making provision for the transfer of staff from those Authorities to the Combined Authority, and other matters relating to continuity.

Part 4 of the Order provides for the cancellation of the election for the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, and for the election of the first Mayor for the area of the Combined Authority to take place on 2nd May 2024. The new Mayor will take up office on 7th May 2024.

Part 5 of the Order concerns the transport functions of the Combined Authority, which are to be transferred to it from the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority.

Part 6 of the Order confers on the Combined Authority functions in relation to education, skills and training.

Part 7 of the Order confers on the Combined Authority functions in relation to housing and regeneration which are to be exercised concurrently with the Homes and Communities Agency.

Part 8 of the Order confers on the Combined Authority functions corresponding to those of the Mayor of London in relation to the designation of a Mayoral development area.

Part 9 of the Order makes additional provision for the Mayor for the area of the Combined Authority and funding by, amongst other things, setting out the functions of the Combined Authority which are to be only exercisable by the Mayor, and making provision for the funding of the costs of the Combined Authority and the Mayor.

Part 10 of the Order makes further miscellaneous provision in relation to the establishment of the Combined Authority.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of the business and voluntary sectors. The impact on the public sector is that conferring functions on the Combined Authority should lead to operational efficiencies that could lead to reduced costs.