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The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020

S.I. 2020/806 · Made 27 July 2020 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 4 June 2026.

Local Government, England

Transport, England

Education, England

Made 27th July 2020

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104(1)(a), 105(1) and (3), 105A(1), (2) and (3), 107D(1), (7) and (8), 107E(1) to (4), 113D, 114(1) and (3), and 117(5) of the Local Democracy, Economic Development and Construction Act 2009f1 (“the 2009 Act”).

The Secretary of State, having had regard to a scheme prepared and published under section 112 of the 2009 Actf2, considers that—

(a)

the making of this Order is likely to improve the exercise of statutory functions in the area to which the Order relates, and;

(b)

any consultation required by section 113(2) of the 2009 Actf3 has been carried out.

In making this Order, the Secretary of State has had regard to the need to reflect the identities and interests of local communities and the need to secure effective and convenient local governmentf4.

In accordance with sections 105(3A) and 105B(1) and (2) of the 2009 Act, the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (“the Combined Authority”) and the councils whose areas are comprised in the area of the Combined Authority have consented to the making of this Orderf5.

In accordance with section 107D(9) of the 2009 Act the Mayor for the area of the Combined Authority, the Combined Authority, and the councils whose areas are comprised in the area of the Combined Authority have consented to the making of this Order.

In accordance with section 105B(9) of the 2009 Act the Secretary of State has laid before Parliament a report explaining the effect of this Order and why the Secretary of State considers it appropriate to make this Order.

A draft of this instrument has been laid before, and approved, by a resolution of each House of Parliament under section 117(2) of the 2009 Act.C1

Annotations to the whole text

Modifications

C1

Order continued (temp.) (25.3.2026) by The Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026 (S.I. 2026/169), reg. 1(3), Sch. 1

Footnotes

f1

2009 c. 20. Section 104 was amended by sections 8 and 14 of, and Schedule 5 to, the Cities and Local Government Devolution Act 2016 (c. 1) (“the 2016 Act”). Section 105 was amended by sections 6, 9, and 14 of the 2016 Act. Section 105A was inserted by section 7 of the 2016 Act. Sections 107D and 107E were inserted by section 4 of the 2016 Act. Section 114 was amended by Schedule 5 to the 2016 Act. Section 117 was amended by section 13(2) of the Localism Act 2011 (c. 20) and Schedule 5 to the 2016 Act.

f2

Section 112 was amended by sections 6 and 23 of, and paragraphs 17 and 23 of Schedule 5 to, the 2016 Act.

f3

Section 113 was amended by sections 12, 14 and 23 of, and paragraph 24 of Schedule 5 to, the 2016 Act.

f4

Section 113(3) of the 2009 Act requires the Secretary of State, when making an order under sections 104, 105, 106 or 107 of the 2009 Act in relation to an existing combined authority, to have regard to these matters.

f5

This Order relates to the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority, which was established by the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863).

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Transport Repealed
  5. 3Transfer of functions etc. relating to transport Repealed
  6. 4Power to pay grant Repealed
  7. Part 3: Education, skills and training functions
  8. 5Transfer of local authority functions
  9. 6Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area Repealed
  10. 7Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area Repealed
  11. 8Conditions on the exercise of functions mentioned in articles 6 and 7 Repealed
  12. 9Modification of provisions in the Apprenticeships, Skills, Children and Learning Act 2009 Repealed
  13. Part 4: Housing and regeneration Repealed
  14. 10Housing and regeneration Repealed
  15. Part 5: Mayoral development corporation Repealed
  16. 11Mayoral development corporation Repealed
  17. 12Application of provisions in the 2011 Act Repealed
  18. 13Mayoral development corporation: incidental provisions Repealed
  19. Part 6: Mayoral functions and funding
  20. 14Functions exercisable only by the Mayor Repealed
  21. 15Political advisers
  22. 16Funding
  23. Part 7: Additional functions Repealed
  24. 17General power of competence Repealed
  25. Part 8: Amendment of the 2014 Order
  26. 18Amendment of the 2014 Order
  27. 19Amendment of the 2014 Order
  28. Signature
  29. Schedule 1: Modification of provisions of the Apprenticeships, Skills, Children and Learning Act 2009 in their application to the Combined Authority Repealed
  30. 1Paragraph 1 Repealed
  31. 2Paragraph 2 Repealed
  32. 3Paragraph 3 Repealed
  33. 4Paragraph 4 Repealed
  34. 5Paragraph 5 Repealed
  35. 6Paragraph 6 Repealed
  36. 7Paragraph 7 Repealed
  37. 8Paragraph 8 Repealed
  38. 9Paragraph 9 Repealed
  39. Schedule 2 Repealed
  40. Part 1: Modification of the application of Chapter 2 of Part 1 of the 2008 Act Repealed
  41. 1Paragraph 1 Repealed
  42. Part 2: Modification of the application of Schedules 2 to 4 to the 2008 Act Repealed
  43. 2Paragraph 2 Repealed
  44. Schedule 3: Modification of the application of Part 8 of the 2011 Act Repealed
  45. 1Paragraph 1 Repealed
  46. Explanatory note

1Citation and commencementI1

This Order may be cited as the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 and comes into force on the day after the day on which it is made.

2InterpretationI1

In this Order—

  • “the 1989 Act” means the Local Government and Housing Act 1989f1;

  • F1...

  • F2...

  • F3...

  • F4...

  • F5...

  • “the 2014 Order” means the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014f2;

  • F6...

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

  • “the Combined Authority” means the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority;

  • F7...

  • “constituent councils” means the councils for the local government areas of Barnsley, Doncaster, Rotherham and Sheffield; and

  • “Mayor” means the mayor for the Area, except in the term “Mayor of London”.

3Transfer of functions etc. relating to transportF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Power to pay grantF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Transfer of local authority functionsI1

(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 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 individualsf1;

(b)

section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential)f2;

(c)

section 15A of the Education Act 1996 (powers in respect of education and training for 16 to 18 year olds)f3;

(d)

section 15B of the Education Act 1996 (functions in respect of education for persons over 19)f4;

(e)

section 10 of the Education and Skills Act 2008 (local authority to promote fulfilment of duty imposed by section 2)f5;

(f)

section 12 of the Education and Skills Act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2)f6;

(g)

section 68 of the Education and Skills Act 2008 (support services: provision by local authorities)f7;

(h)

section 70 of the Education and Skills Act 2008 (local authorities: supplementary powers)f8; and

(i)

section 85 of the Education and Skills Act 2008 (co-operation as regards provision of 14–19 education and training)f9.

(3)

The functions are exercisable concurrently with the constituent councils.

(4)

Any requirement in any enactment for 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.

(5)

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

(6)

Section 10 of the Children Act 2004f10 (co-operation to ensure well-being) applies to the Combined Authority as it applies to a constituent council for the purposes of the provision of 14-19 education or training in the Area within the meaning of section 85(5) of the Education and Skills Act 2008.

6Transfer of functions from the Secretary of State to the Combined Authority in relation to the AreaF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the AreaF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Conditions on the exercise of functions mentioned in articles 6 and 7F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Modification of provisions in the Apprenticeships, Skills, Children and Learning Act 2009F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Housing and regenerationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Mayoral development corporationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Application of provisions in the 2011 ActF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Mayoral development corporation: incidental provisionsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14Functions exercisable only by the MayorF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Political advisersI1

(1)

The Mayor may appoint one person as the Mayor’s political adviser.

(2)

Any appointment under paragraph (1) is an appointment as an employee of the Combined Authority.

(3)

No appointment under paragraph (1) may extend beyond—

(a)

the term of office for which the Mayor who made the appointment was elected; or

(b)

where the Mayor who made the appointment ceases to be the Mayor before the end of the term of office for which the Mayor was elected, the date on which the Mayor ceases to hold that office.

(4)

A person appointed under paragraph (1) is to be regarded for the purposes of Part 1 of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under a local authority.

(5)

Subject to paragraph (6), section 9(1), (8), (9) and (11) of the 1989 Act (assistants for political groupsf1), apply in relation to an appointment under paragraph (1) as if—

(a)

any appointment to that post were the appointment of a person in pursuance of that section; and

(b)

the Combined Authority were a relevant authority for the purposes of that section.

(6)

Subsection (3) of section 9 of the 1989 Act applies in relation to an appointment under paragraph (1) as if the words “and that the appointment terminates” to the end of that subsection were omitted.

16FundingI1

(1)

Subject to F1paragraph (2), the constituent councils must ensure that the costs of the Combined Authority reasonably attributable to the exercise of its functions are met.

(2)

Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of F2any mayoral function, to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined Authority.

(3)

Any amount payable by each of the constituent councils to ensure that the costs of the Combined Authority referred to in paragraphs (1) and (2) are met is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in accordance with the proportion to the total resident population of the Combined Authority which resides in the area of each constituent council at the relevant date as estimated by the Statistics Boardf1.

(4)

In relation to the expenditure mentioned in paragraph (2)—

(a)

to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (3)—

(i)

the Mayor must agree with the Combined Authority the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure; and

(ii)

in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred; and

(b)

any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992 is to be disregarded from any calculation of the costs of the expenditure.

F3(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

For the purposes of paragraph (3) the relevant date in relation to a payment for a financial year is 30th June in the financial year which commenced two years prior to the financial year in which such payment is made.

17General power of competenceF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18Amendment of the 2014 OrderI1

Article 5 (funding) of the 2014 Order is omitted.

19Amendment of the 2014 OrderI1

(1)

Schedule 1 (constitution) to the 2014 Order is amended as set out in the following paragraphs.

(2)

Paragraph 2 (chairman and vice-chairman) is omitted.

(3)

In paragraph 3 (proceedings), after sub-paragraph (6) insert—

“(7)

Questions relating to the functions conferred by Parts 2 to 5 of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 cannot be carried without a vote in favour by the Mayor or the deputy Mayor acting in place of the Mayor.”.

(4)

In paragraph 4 (committees)—

(a)

in subparagraph (2), omit “and non-constituent councils”; and

(b)

in subparagraph (6), omit “the overview and scrutiny committee, or to”.

(5)

At the start of paragraph 7 (remuneration), insert “Subject to paragraphs 7A and 7B”.

(6)

After paragraph 7 (remuneration), insert—

“7A.

Paragraphs 7B and 7C apply in relation to allowances payable other than allowances for travel and subsistence.

7B.
(1)

The Combined Authority may establish an independent remuneration panel who may make recommendations to the Combined Authority and to the constituent councils regarding the allowances payable to—

(a)

the Mayor; and

(b)

the Deputy Mayor.

(2)

An independent remuneration panel must consist of at least three members none of whom—

(a)

is also a member of the Combined Authority or is a member of a committee or sub-committee of the Combined Authority or a member of a constituent council of the Combined Authority; or

(b)

is disqualified from being or becoming a member of the Combined Authority.

(3)

The Combined Authority may pay the expenses incurred by the independent remuneration panel established under paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the Combined Authority may determine.

7C.

The Combined Authority may only pay an allowance to the Mayor or to the Deputy Mayor if—

(a)

the Combined Authority has considered a report published by the independent remuneration panel established under paragraph 7A which contains recommendations for such an allowance; and

(b)

the allowance paid by the Combined Authority does not exceed the amount specified in the recommendation made by the independent remuneration panel.”.

Signature

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Simon Clarke

Minister of State

Ministry of Housing, Communities and Local Government

27th July 2020

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Explanatory note

(This note is not part of the Order)

This Order provides for the conferral of functions of local authorities and other public authorities on the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (“the Combined Authority”).

Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“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 concerns the transport functions of the Combined Authority. Article 4 provides for the Combined Authority to pay a grant under section 31 of the Local Government Act 2003 to constituent councils in respect of any of their functions, which is exercisable concurrently with a Minister of the Crown.

Article 5 of the Order confers on the Combined Authority functions of the constituent councils in relation to education, skills and training to be exercisable by the Combined Authority in the Combined Authority’s area concurrently with the constituent councils. Article 6 of the Order provides for the transfer to the Combined Authority of adult education functions under section 86 to 88 of the Apprenticeships, Skills, Children and Learning Act 2009, with the exception of such functions relating to apprenticeships training, persons subject to adult detention or any power to make regulations or orders. The transferred functions will be exercisable by the Combined Authority instead of by the Secretary of State in relation to the area of the Combined Authority.

Article 7 also provides for the functions of the Secretary of State under section 90 of the Apprenticeships, Skills, Children and Learning Act 2009, which relate to the encouragement of education and training for persons aged 19 or over, and under section 100(1) of that Act, which relate to the provision of financial resources, to be exercisable by the Combined Authority in relation to the area. The functions will be exercisable by the Combined Authority concurrently with the Secretary of State.

Article 8 sets conditions on the exercise of the functions mentioned in Articles 6 and 7. The Combined Authority must adopt rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 in accordance with any direction given by the Secretary of State. In addition, in exercising the transferred functions, the Combined Authority must have regard to guidance issued by the Secretary of State (as amended from time to time or replaced by a subsequent document).

Article 9 and Schedule 1 to the Order apply certain provisions of the Apprenticeships, Skills, Children and Learning Act 2009 with modifications to the Combined Authority for the purpose of the Combined Authority exercising the functions conferred on it by articles 6 and 7.

Part 4 of and Schedule 2 to the Order confer on the Combined Authority functions in relation to housing and regeneration which are to be exercised concurrently with the Homes and Communities Agency.

Part 5 of and Schedule 3 to the Order confer on the Combined Authority functions corresponding to those of the Mayor of London in relation to the designation of a Mayoral development area. Schedule 2 to the Order modifies Part 8 of and Schedule 21 to the Localism Act 2011 which makes provision about the establishment of a Mayoral development corporation, its objects and powers as well as its constitution and governance.

Part 6 of the Order makes additional provision for the Mayor for the area of the Combined Authority and funding. Article 14 sets out the functions of the Combined Authority which are to be only exercisable by the Mayor, and article 15 provides for the appointment of a political adviser to the Mayor. Article 16 makes provision for the funding, by the constituent councils, of those costs of the Combined Authority that relate to the exercise of its functions. Article 17 makes provision for the funding, by the constituent councils, of the costs of the Combined Authority and the Mayor.

Part 7 of the Order extends to the Combined Authority the general power of competence available to the constituent councils.

Part 8 of the Order provides for amendments to the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 which establishes the Combined Authority. Article 18 removes the funding provision for the Combined Authority’s economic and development and regeneration functions, which is replaced by article 16 of this Order. Article 19 makes provision in the Combined Authority’s constitution relating to the Combined Authority’s voting arrangements and remuneration.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.