The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021
Draft 2021, ISBN 9780348217674
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
Police, England And Wales
Made ***
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), 105(1) and (3), 105A(1), (2), (3) and (7), 107A, 107D(1), (5), (7) and (8), 107E(1) to (4), 107F(1), (5) and (6), 114(1) and (3), 115, 116 and 117(1A) and (5) of, and paragraph 3 of Schedule 5B and Schedule 5C to, 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 West Yorkshire 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 sections 107D(9) and 107F(4) of the 2009 Act 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 pursuant to section 117(2) of the 2009 Act.
Accordingly, the Secretary of State makes the following Order:
Annotations to the whole text
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
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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 West Yorkshire Combined Authority, which was established by the West Yorkshire Combined Authority Order (S.I. 2014/864).
Contents
- Part 1: General
- 1Citation, commencement and application
- 2Interpretation
- Part 2: Election of Mayor
- 3Election of Mayor
- 4Political adviser
- Part 3: Education, skills and training functions
- 5Concurrent exercise of local authority functions
- 6Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area
- 7Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area
- 8Conditions on the exercise of functions mentioned in articles 6 and 7
- 9Modification of provisions in the Apprenticeships, Skills, Children and Learning Act 2009
- Part 4: Housing, regeneration and planning
- 10Conferral of functions corresponding to functions that the HCA has in relation to the Area
- 11Acquisition and appropriation of land for planning and public purposes
- 12Condition on the exercise of the functions conferred by articles 10 and 11
- 13Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act
- Part 5: Mayoral development corporation
- 14Mayoral development corporation
- 15Application of provisions in the 2011 Act
- 16Mayoral development corporation: incidental provisions
- Part 6: Transport
- 17Power to pay grant
- 18Grants to bus service operators
- 19Agreements between authorities and strategic highways companies
- 20Traffic regulation
- 21Transport functions related to traffic signs and pedestrian crossings
- 22Apparatus affected by highway, bridge or transport works
- 23Permit schemes
- 24Bus lane contraventions
- Part 7: Additional functions
- 25Assessment of economic conditions
- 26Data sharing
- Part 8: Mayoral functions
- 27Functions exercisable only by the Mayor
- 28Joint committees
- Part 9: Funding
- 29Funding
- 30Transitional provision
- 31Conferral of Business Rate Supplements functions
- 32Conferral of Business Rate Supplements functions
- 33Adaptation of BRS in consequence of article 31
- Part 10: Police and Crime Commissioner functions
- 34Police and Crime Commissioner functions
- 35Transfer of police and crime commissioner functions
- 36Transfer of property, rights and liabilities
- 37Secondments
- 38Continuity
- 39Foreign property etc, perfection of vesting
- 40Transfers: supplementary provision
- 41Extension of financial year of Police and Crime Commissioner and Chief Constable for West Yorkshire
- 42Modifications to the Local Government Act 1972
- Part 11: Amendment of the 2014 Order
- 43Amendment of the 2014 Order
- 44Amendment of the 2014 Order
- Signature
- Schedule 1: Modification of provisions of the Apprenticeships, Skills, Children and Learning Act 2009 in their application to the Combined Authority
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 2
- Part 1: Modification of the application of Chapter 2 of Part 1 of the 2008 Act
- 1Paragraph 1
- Part 2: Modification of the application of Schedules 2 to 4 to the 2008 Act
- 2Paragraph 2
- Schedule 3: Modification of the application of Part 8 of the 2011 Act
- 1Paragraph 1
- Schedule 4: Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004
- 1Paragraph 1
- Schedule 5: Modifications of police and crime commissioner enactments in their application to the Mayor
- Part 1: Primary legislation
- 1Police (Property) Act 1897
- 2Trustee Investments Act 1961
- 3Pensions (Increase) Act 1971
- 4Local Government (Miscellaneous Provisions) Act 1976
- 5Local Government, Planning and Land Act 1980
- 6Dartford-Thurrock Crossing Act 1988
- 7Local Government Finance Act 1988
- 8Road Traffic Act 1988
- 9Local Government and Housing Act 1989
- 10Police Act 1996
- 11Police Reform Act 2002
- 12Proceeds of Crime Act 2002
- 13Local Government Act 2003
- 14Railways and Transport Safety Act 2003
- 15Local Government and Public Involvement in Health Act 2007
- 16Local Democracy, Economic Development and Construction Act 2009
- 17Police Reform and Social Responsibility Act 2011
- 18Police Reform and Social Responsibility Act 2011
- 19Police Reform and Social Responsibility Act 2011
- 20Police Reform and Social Responsibility Act 2011
- 21Police Reform and Social Responsibility Act 2011
- 22Police Reform and Social Responsibility Act 2011
- 23Police Reform and Social Responsibility Act 2011
- 24Police Reform and Social Responsibility Act 2011
- 25Police Reform and Social Responsibility Act 2011
- 26Police Reform and Social Responsibility Act 2011
- 27Police Reform and Social Responsibility Act 2011
- 28Police Reform and Social Responsibility Act 2011
- 29Police Reform and Social Responsibility Act 2011
- 30Police Reform and Social Responsibility Act 2011
- 31Police Reform and Social Responsibility Act 2011
- 32Police Reform and Social Responsibility Act 2011
- 33Police Reform and Social Responsibility Act 2011
- 34Police Reform and Social Responsibility Act 2011
- 35Police Reform and Social Responsibility Act 2011
- 36Police Reform and Social Responsibility Act 2011
- 37Local Audit and Accountability Act 2014
- Part 2: Secondary legislation
- 38Motor Vehicles (Third Party Risks) Regulations 1972
- 39Official Secrets Act 1989 (Prescription) Order 1990
- 40Police (Disposal of Sound Equipment) Regulations 1995
- 41Police (Property) Regulations 1997
- 42Health and Safety (Enforcing Authority) Regulations 1998
- 43Motor Vehicles (Driving Licences) Regulations 1999
- 44Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999
- 45Motor Vehicles (Access to Driver Licensing Records) Regulations 2001
- 46Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001
- 47Police Regulations 2003
- 48Docking of Working Dogs’ Tails (England) Regulations 2007
- 49REACH Enforcement Regulations 2008
- 50Elected Local Policing Bodies (Specified Information) Order 2011
- 51Policing Protocol Order 2011
- 52Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012
- 53Police Appeals Tribunals Rules 2012
- 54Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012
- 55Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012
- 56Local Government Pension Scheme Regulations 2013
- 57Local Audit (Auditor Resignation and Removal) Regulations 2014
- 58Combined Authorities (Mayors) (Filling of Vacancies) Order 2017
- 59Police Appeals Tribunals Rules 2020
- Schedule 6: Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions
- 1Primary legislation
- 2Primary legislation
- 3Primary legislation
- 4Primary legislation
- 5Primary legislation
- 6Primary legislation
- 7Primary legislation
- 8Primary legislation
- 9Primary legislation
- 10Primary legislation
- 11Primary legislation
- 12Primary legislation
- 13Primary legislation
- 14Primary legislation
- 15Primary legislation
- 16Primary legislation
- 17Primary legislation
- 18Primary legislation
- 19Primary legislation
- 20Primary legislation
- 21Primary legislation
- 22Primary legislation
- 23Primary legislation
- 24Secondary legislation
- 25Secondary legislation
- 26Secondary legislation
- 27Secondary legislation
- 28Secondary legislation
- 29Secondary legislation
- 30Secondary legislation
- 31Secondary legislation
- 32Secondary legislation
- 33Secondary legislation
- 34Secondary legislation
- 35Secondary legislation
- 36Secondary legislation
- Schedule 7Schedule 7
- Explanatory note