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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2024, ISBN 9780348257243

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 117(2) of the Local Democracy, Economic Development and Construction Act 2009, for approval by resolution of each House of Parliament.

Local Government, England

Transport, England

Education, England

Made ***

Coming into force in accordance with article 1(2) and (3)

The Secretary of State makes this Order in exercise of the powers conferred by sections 103(1) and (7), 104(1) and (5), 105(1) and (3), 105A(1), (2), (3)(a) and (b), (4) and (7), 107(1), 107A(1), 107D(1), (3), (5), (7) and (8), 107E(1) to (4), 114(1) and (3), 115, 116 and 117(1A) and (5) of, and paragraphs 3 and 4 of Schedule 5A and paragraph 3 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009f1 (“the 2009 Act”)f2.

The Secretary of State, having had regard to the scheme prepared and published under sections 109f3 and 112f4 of the 2009 Act, considers that the requirements of sections 110(1)f5 and 113(1)(a)f6 of the 2009 Act have been met.

A consultation of the kind described in sections 110(2)(b) and 113(2)(b) of the 2009 Act has been carried out and the Secretary of State considers that no further consultation is necessary.

The Secretary of State is satisfied that the areas to which this Order relates meet the conditions set out in section 103(2) and (5) of the 2009 Act.

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 government in compliance with sections 110(4) and 113(3) of the 2009 Act.

The Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority and their respective constituent councils, have consented to the making of this Order in so far as their consent is required in accordance with sections 104(10)(a) and (b), 105(3A)(a) and (b), 105B(1) and (2), 107(2)(a), 107D(9) and 110(1)(b) of the 2009 Act.

In accordance with section 107(2)(b) of the 2009 Act, the Mayor of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority has 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 pursuant to section 117(2) of the 2009 Act.

Annotations to the whole text

Footnotes

f1

2009 c. 20 (“the 2009 Act”). Section 103 was amended by sections 12 and 14 of the Cities and Local Government Devolution Act 2016 (“the 2016 Act”) (c. 1). Section 104 was amended by sections 8 and 14 of, and Schedule 5 to, 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. Section 107 was amended by Schedule 5 to the 2016 Act. Section 107A was inserted by section 2 of the 2016 Act. Section 107D was inserted by section 4 of the 2016 Act, and amended by section 8 of Policing and Crime Act 2017 (c. 3). Section 107E was inserted by section 4 of the 2016 Act. Section 114 was amended by Schedule 5 to the 2016 Act and S.I. 2021/1265. Section 115 was amended by Schedule 5 to the 2016 Act. Subsections (2), (2A) and (3) of section 117 were substituted by section 13 of the Localism Act 2011 (“the 2011 Act”), and section 117(5) was inserted by paragraph 29 of Schedule 5 to the 2016 Act. Subjection (1A) of section 117A was inserted by paragraph 29 of Schedule 5 to the 2016 Act. Schedules 5A and 5B were inserted by Schedules 3 and 1 respectively to the 2016 Act.

f2

The conditions for making an order under section 105A are met as a proposal for the making of the order in relation to the combined authority was made to the Secretary of State by the appropriate authorities in accordance with section 105B(1)(a).

f3

Section 109 was amended by sections 6 and 12 of the 2016 Act, and was repealed by section 65(2) of the 2023 Act. The effect of section 65(9) of the Levelling-up and Regeneration Act 2023 (c. 55) (“the 2023 Act”) is that the repeal of section 109 by virtue of section 65(2) of the 2023 Act does not apply to section 109 in relation to the preparation and publication of a scheme following a review under section 108 of the 2009 Act that began before section 65 of the 2023 Act came into force. Section 108 was repealed by section 65(2) of the 2023 Act, but by virtue of section 65(9), that repeal has no effect in respect of a review that began before the coming into force of section 65.

f4

Section 112 was amended by paragraphs 17 and 23 of Schedule 5 to the 2016 Act, and was repealed by section 66(2) of the 2023 Act. The effect of section 66(10) of the 2023 Act is that the repeal of section 112 by virtue of section 66(2) of the 2023 Act does not apply to section 112 in relation to the preparation and publication of a scheme following a review under section 111 of the 2009 Act, where a review under section 111 began before section 66 of the 2023 Act came into force. Section 66(10) further provides that the repeal of section 111 of the 2009 Act by section 66(2) does not affect the operation of section 111 where a review under that section began before section 66 of the 2023 Act came into force.

f5

Section 110 was amended by sections 12(1) and (5) and 14(1) and (7) of the 2016 Act, and amended by sections 65(5) to (8) of the 2023 Act. The effect of section 65(10) of the 2023 Act is that the amendments made by section 65(5) to (8) of the 2023 Act to section 110 of the 2009 Act do not apply to section 110 as it has effect in relation to the making of an order in response to a scheme under section 109 of the 2009 Act.

f6

Section 113 was amended by sections 12(1) and (6), and 14(1) and (8) of the 2016 Act and further amended by section 66(5) to (9) of the 2023 Act. The effect of section 66(11) of the 2023 Act is that the amendments made by section 66(5) to (9) of the 2023 Act to section 113 of the 2009 Act do not apply to section 113 as it has effect in relation to the making of an order in response to a scheme under section 112 of the 2009 Act.

Contents

  1. Part 1: General
  2. 1Citation, commencement, and extent
  3. 2Interpretation
  4. Part 2: Establishment
  5. 3Dissolution 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
  6. 4Abolition of the Joint Transport Committee
  7. 5Establishment of the North East Mayoral Combined Authority
  8. 6Constitution of the Combined Authority
  9. Part 3: Transfer of Functions, Property, Rights, Assets and Liabilities and associated provision
  10. 7Transfer of property, assets, rights and liabilities
  11. 8Transfer of functions
  12. 9Continuity provision
  13. 10Extension of financial year of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority
  14. 11Statutory Officers
  15. 12Pension liabilities
  16. Part 4: Election of Mayor
  17. 13Cancellation of the election for the mayor of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority in 2024
  18. 14The Mayor
  19. 15The Mayor’s first and subsequent terms of office
  20. 16Modification of the Combined Authorities (Mayoral Elections) Order 2017
  21. 17Political adviser
  22. Part 5: Transport
  23. 18Passenger Transport Executive
  24. 19Transfer of functions etc. relating to transport
  25. 20Adaptation of enactments
  26. 21Agreements between authorities and strategic highways companies
  27. 22Permit schemes
  28. 23Promoting road safety
  29. 24Grants to bus service operators
  30. 25Bus lane contraventions
  31. 26Funding in respect of transport functions – levy
  32. 27Power to pay grant - general
  33. 28Modification of the 2000 Act - implementation of the local transport plan
  34. Part 6: Education, Skills and Training
  35. 29Adult education functions of the Secretary of State transferred to the Combined Authority in relation to the Combined Area
  36. 30Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Combined Area
  37. 31Conditions on the exercise of functions mentioned in articles 29 and 30
  38. 32Modification of provisions in ASCLA
  39. 33Functions of the constituent councils to be exercised concurrently with the Combined Authority
  40. Part 7: Housing, regeneration and planning
  41. 34Conferral of functions corresponding to functions that the Homes and Communities Agency has in relation to the Combined Area
  42. 35Acquisition and appropriation of land for planning and public purposes
  43. 36Application of provisions of the HA 1985, the 1990 Act and the 2008 Act
  44. 37Spatial development strategy
  45. 38Adaptation of enactments in consequence of article 37
  46. Part 8: Mayoral development corporations
  47. 39Mayoral development corporations
  48. 40Application of provisions in the 2011 Act
  49. 41Mayoral development corporation: incidental provisions
  50. Part 9: Mayoral functions and funding
  51. 42Functions
  52. 43Joint committees
  53. 44Funding
  54. 45Conferral of the Business Rate Supplements functions
  55. 46Modification of BRSA in consequence of article 45
  56. Part 10: Additional functions and incidental provision
  57. 47Other functions
  58. 48Incidental provisions
  59. 49Modification of section 13 of the 1989 Act
  60. 50Amendment of the Local Government Pension Scheme Regulations 2013
  61. 51Data sharing
  62. Signature
  63. Schedule 1: Constitution
  64. 1Membership
  65. 2Proceedings
  66. 3Majority including the Mayor
  67. 4Remuneration
  68. 5The combined authority’s overview and scrutiny committee
  69. 6The Combined Authority’s Audit Committee
  70. 7Records
  71. 8Standing orders
  72. Schedule 2: Adaptation of certain transport-related legislation
  73. Part 1: Amendment of miscellaneous transport-related legislation
  74. 1Amendments to the Transport Act 1968
  75. 2Amendments to the Transport Levying Bodies Regulations 1992
  76. 3Amendment of the Sub-national Transport Body (Transport for the North) Regulations 2018
  77. Part 2: Permit schemes: modification of Part 3 of the TMA
  78. 4Paragraph 4
  79. Schedule 3: Modification of provisions in ASCLA in their application in relation to the Combined Authority
  80. 1Paragraph 1
  81. 2Paragraph 2
  82. 3Paragraph 3
  83. 4Paragraph 4
  84. 5Paragraph 5
  85. 6Paragraph 6
  86. 7Paragraph 7
  87. 8Paragraph 8
  88. 9Paragraph 9
  89. 10Paragraph 10
  90. Schedule 4: Modification of the 2008 Act
  91. Part 1: Modification of the application of Chapter 1 and Chapter 2 of Part 1 of the 2008 Act
  92. 1Paragraph 1
  93. Part 2: Modification of the application of Schedules 2 to 4 to the 2008 Act
  94. 2Paragraph 2
  95. Schedule 5: Spatial development strategy
  96. Part 1: Modification of the application of Part 8 of the 1999 Act
  97. 1Paragraph 1
  98. Part 2: Modification of the application of the 2004 Act
  99. 2Paragraph 2
  100. Schedule 6: Modification of the application of Part 8 of the 2011 Act
  101. 1Modification of the application of Part 8 of the 2011 Act
  102. Explanatory note