OpenLegislation

Paragraph 6 Proceedings on or after the day on which the first Mayor’s term of office begins

Original text. Later amendments are not shown.

(1)

Subject to the following sub-paragraphs, any question that is to be decided by the Combined County Authority on or after the day on which the first Mayor’s term of office begins excluding approval or amendment of the Mayor’s budget and questions relating to functions mentioned in regulation 23(7)(b) (functions exercisable only by the Mayor) is to be decided by—

(a)

a vote of the members of the Combined County Authority, and any substitute members acting in place of members of the Combined County Authority, and the Mayor or the deputy mayor acting in place of the Mayor present and voting on that question at a meeting of the Combined County Authority, and

(b)

a majority of those voting that includes the Mayor, or the deputy mayor acting in place of the Mayor.

(2)

No business may be transacted at a meeting of the Combined County Authority unless the following persons are present—

(a)

the Mayor or the deputy mayor acting in place of the Mayor, and

(b)

at least three members of the Combined County Authority appointed by constituent councils under paragraph 1(2), or substitute members acting in their place.

(3)

Where the deputy mayor is acting in the place of the Mayor they cannot also act in their capacity as a member of the Combined County Authority.

(4)

The Mayor, and each member of the Combined County Authority appointed by a constituent council, or substitute member acting in that member’s place, is to have one vote.

(5)

Neither the Mayor nor any member or substitute member is to have a casting vote.

(6)

If a vote is tied on any matter it is deemed not to have been carried.

(7)

For questions relating to the following matters, the majority under sub-paragraph (1)(b) must include all lead members designated by the constituent councils under paragraph 1(3) or, where any substitute members are acting in place of lead members, all lead members and all such substitute members—

(a)

approval or amendment of a budget (excluding approval or amendment of the Mayor’s budget);

(b)

the setting of any transport levy under section 74 of the Local Government Finance Act 1988(levies) and in accordance with regulations made thereunder; and

(c)

such other plans and strategies as may be determined by the Combined County Authority and set out in its standing orders.

(8)

Reference to a two thirds majority in article 8(4) of the Combined Authorities (Finance) Order 2017f1 is to be read as reference to—

(a)

a two thirds majority of the constituent council members, or substitute members acting in their place, or

(b)

three out of six constituent council members, to include two of the lead members of the Combined County Authority designated under paragraph 1(3) of Schedule 1.

(9)

The proceedings of the Combined County Authority are not invalidated by any vacancy among its members or substitute members or by any defect in the appointment or qualifications of any member or substitute member.

Annotations

Footnotes

f1

Article 8 of the Combined Authorities (Finance) Order 2017 (S.I. 2017/611 as amended by S.I. 2024/652) makes general provision for approval of the Mayor’s budget by a CCA.