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The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021

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

Draft 2021, ISBN 9780348217674

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

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

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

  1. Part 1: General
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part 2: Election of Mayor
  5. 3Election of Mayor
  6. 4Political adviser
  7. Part 3: Education, skills and training functions
  8. 5Concurrent exercise of local authority functions
  9. 6Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area
  10. 7Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area
  11. 8Conditions on the exercise of functions mentioned in articles 6 and 7
  12. 9Modification of provisions in the Apprenticeships, Skills, Children and Learning Act 2009
  13. Part 4: Housing, regeneration and planning
  14. 10Conferral of functions corresponding to functions that the HCA has in relation to the Area
  15. 11Acquisition and appropriation of land for planning and public purposes
  16. 12Condition on the exercise of the functions conferred by articles 10 and 11
  17. 13Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act
  18. Part 5: Mayoral development corporation
  19. 14Mayoral development corporation
  20. 15Application of provisions in the 2011 Act
  21. 16Mayoral development corporation: incidental provisions
  22. Part 6: Transport
  23. 17Power to pay grant
  24. 18Grants to bus service operators
  25. 19Agreements between authorities and strategic highways companies
  26. 20Traffic regulation
  27. 21Transport functions related to traffic signs and pedestrian crossings
  28. 22Apparatus affected by highway, bridge or transport works
  29. 23Permit schemes
  30. 24Bus lane contraventions
  31. Part 7: Additional functions
  32. 25Assessment of economic conditions
  33. 26Data sharing
  34. Part 8: Mayoral functions
  35. 27Functions exercisable only by the Mayor
  36. 28Joint committees
  37. Part 9: Funding
  38. 29Funding
  39. 30Transitional provision
  40. 31Conferral of Business Rate Supplements functions
  41. 32Conferral of Business Rate Supplements functions
  42. 33Adaptation of BRS in consequence of article 31
  43. Part 10: Police and Crime Commissioner functions
  44. 34Police and Crime Commissioner functions
  45. 35Transfer of police and crime commissioner functions
  46. 36Transfer of property, rights and liabilities
  47. 37Secondments
  48. 38Continuity
  49. 39Foreign property etc, perfection of vesting
  50. 40Transfers: supplementary provision
  51. 41Extension of financial year of Police and Crime Commissioner and Chief Constable for West Yorkshire
  52. 42Modifications to the Local Government Act 1972
  53. Part 11: Amendment of the 2014 Order
  54. 43Amendment of the 2014 Order
  55. 44Amendment of the 2014 Order
  56. Signature
  57. Schedule 1: Modification of provisions of the Apprenticeships, Skills, Children and Learning Act 2009 in their application to the Combined Authority
  58. 1Paragraph 1
  59. 2Paragraph 2
  60. 3Paragraph 3
  61. 4Paragraph 4
  62. 5Paragraph 5
  63. 6Paragraph 6
  64. 7Paragraph 7
  65. 8Paragraph 8
  66. 9Paragraph 9
  67. 10Paragraph 10
  68. Schedule 2
  69. Part 1: Modification of the application of Chapter 2 of Part 1 of the 2008 Act
  70. 1Paragraph 1
  71. Part 2: Modification of the application of Schedules 2 to 4 to the 2008 Act
  72. 2Paragraph 2
  73. Schedule 3: Modification of the application of Part 8 of the 2011 Act
  74. 1Paragraph 1
  75. Schedule 4: Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004
  76. 1Paragraph 1
  77. Schedule 5: Modifications of police and crime commissioner enactments in their application to the Mayor
  78. Part 1: Primary legislation
  79. 1Police (Property) Act 1897
  80. 2Trustee Investments Act 1961
  81. 3Pensions (Increase) Act 1971
  82. 4Local Government (Miscellaneous Provisions) Act 1976
  83. 5Local Government, Planning and Land Act 1980
  84. 6Dartford-Thurrock Crossing Act 1988
  85. 7Local Government Finance Act 1988
  86. 8Road Traffic Act 1988
  87. 9Local Government and Housing Act 1989
  88. 10Police Act 1996
  89. 11Police Reform Act 2002
  90. 12Proceeds of Crime Act 2002
  91. 13Local Government Act 2003
  92. 14Railways and Transport Safety Act 2003
  93. 15Local Government and Public Involvement in Health Act 2007
  94. 16Local Democracy, Economic Development and Construction Act 2009
  95. 17Police Reform and Social Responsibility Act 2011
  96. 18Police Reform and Social Responsibility Act 2011
  97. 19Police Reform and Social Responsibility Act 2011
  98. 20Police Reform and Social Responsibility Act 2011
  99. 21Police Reform and Social Responsibility Act 2011
  100. 22Police Reform and Social Responsibility Act 2011
  101. 23Police Reform and Social Responsibility Act 2011
  102. 24Police Reform and Social Responsibility Act 2011
  103. 25Police Reform and Social Responsibility Act 2011
  104. 26Police Reform and Social Responsibility Act 2011
  105. 27Police Reform and Social Responsibility Act 2011
  106. 28Police Reform and Social Responsibility Act 2011
  107. 29Police Reform and Social Responsibility Act 2011
  108. 30Police Reform and Social Responsibility Act 2011
  109. 31Police Reform and Social Responsibility Act 2011
  110. 32Police Reform and Social Responsibility Act 2011
  111. 33Police Reform and Social Responsibility Act 2011
  112. 34Police Reform and Social Responsibility Act 2011
  113. 35Police Reform and Social Responsibility Act 2011
  114. 36Police Reform and Social Responsibility Act 2011
  115. 37Local Audit and Accountability Act 2014
  116. Part 2: Secondary legislation
  117. 38Motor Vehicles (Third Party Risks) Regulations 1972
  118. 39Official Secrets Act 1989 (Prescription) Order 1990
  119. 40Police (Disposal of Sound Equipment) Regulations 1995
  120. 41Police (Property) Regulations 1997
  121. 42Health and Safety (Enforcing Authority) Regulations 1998
  122. 43Motor Vehicles (Driving Licences) Regulations 1999
  123. 44Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999
  124. 45Motor Vehicles (Access to Driver Licensing Records) Regulations 2001
  125. 46Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001
  126. 47Police Regulations 2003
  127. 48Docking of Working Dogs’ Tails (England) Regulations 2007
  128. 49REACH Enforcement Regulations 2008
  129. 50Elected Local Policing Bodies (Specified Information) Order 2011
  130. 51Policing Protocol Order 2011
  131. 52Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012
  132. 53Police Appeals Tribunals Rules 2012
  133. 54Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012
  134. 55Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012
  135. 56Local Government Pension Scheme Regulations 2013
  136. 57Local Audit (Auditor Resignation and Removal) Regulations 2014
  137. 58Combined Authorities (Mayors) (Filling of Vacancies) Order 2017
  138. 59Police Appeals Tribunals Rules 2020
  139. Schedule 6: Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions
  140. 1Primary legislation
  141. 2Primary legislation
  142. 3Primary legislation
  143. 4Primary legislation
  144. 5Primary legislation
  145. 6Primary legislation
  146. 7Primary legislation
  147. 8Primary legislation
  148. 9Primary legislation
  149. 10Primary legislation
  150. 11Primary legislation
  151. 12Primary legislation
  152. 13Primary legislation
  153. 14Primary legislation
  154. 15Primary legislation
  155. 16Primary legislation
  156. 17Primary legislation
  157. 18Primary legislation
  158. 19Primary legislation
  159. 20Primary legislation
  160. 21Primary legislation
  161. 22Primary legislation
  162. 23Primary legislation
  163. 24Secondary legislation
  164. 25Secondary legislation
  165. 26Secondary legislation
  166. 27Secondary legislation
  167. 28Secondary legislation
  168. 29Secondary legislation
  169. 30Secondary legislation
  170. 31Secondary legislation
  171. 32Secondary legislation
  172. 33Secondary legislation
  173. 34Secondary legislation
  174. 35Secondary legislation
  175. 36Secondary legislation
  176. Schedule 7Schedule 7
  177. Explanatory note