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The York and North Yorkshire Combined Authority Order 2023

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

Draft 2023, ISBN 9780348253252

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

Police, England

Fire And Rescue Services, England

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 103(1), 104(1), 105(1) and (3), 105A(1), (2), (3), (4)(b) and (7), 107A, 107D(1), (3)(c)(ii), (4), (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 109 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 110(2) of the 2009 Actf3 has been carried out.

The Secretary of State is satisfied that the area to which this Order relates meets 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 governmentf4.

In accordance with sections 104(10), 105(3A), 105B(1) and (2), 107D(9) and 107F(4) of the 2009 Act, the councils for the local government areas of North Yorkshire and the City of York 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 , 107E and 107F 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) (“the 2011 Act”) and Schedule 5 to the 2016 Act. Schedule 5A was inserted by Schedule 2 to the 2016 Act.

f2

Section 109 was amended by sections 6 and 12 of the 2016 Act. Section 62(9) of the Levelling-up and Regeneration Act 2023 (c. 55) (“the 2023 Act”) provides that the amendments made by section 62 of that Act to section 109 do not apply to the preparation and publication of a scheme following a review under section 108 of the 2009 Act that began before section 62 of the 2023 Act came into force.

f3

Section 110 was amended by section 14(7) of the 2016 Act. Section 62(10) of the 2023 Act provides that the amendments made by section 62 of that Act to section 110 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 Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”).

f4

Section 110(4) of the 2009 Act requires the Secretary of State when making an order to establish a combined authority to have regard to the need to reflect the identities and interests of local communities, and to secure effective and convenient local government.

Contents

  1. Part 1: General
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: Establishment of the Combined Authority and election of the Mayor
  5. 3Establishment
  6. 4Mayor
  7. 5Political adviser
  8. 6Constitution
  9. Part 3: Housing, regeneration and planning
  10. 7Conferral of functions corresponding to functions that the HCA has in relation to the Area
  11. 8Acquisition and appropriation of land for planning and public purposes
  12. 9Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act
  13. Part 4: Mayoral development corporation
  14. 10Mayoral development corporation
  15. 11Application of provisions in the 2011 Act
  16. 12Mayoral development corporation: incidental provisions
  17. Part 5: Transport
  18. 13Local Transport
  19. 14Agreements between authorities and strategic highways companies
  20. 15Civil enforcement of road traffic contraventions
  21. 16Grants to bus service operators
  22. 17Traffic regulation
  23. 18Transport functions related to traffic signs and pedestrian crossings
  24. 19Apparatus affected by highway, bridge or transport works
  25. 20Permit schemes
  26. 21Lane rental schemes
  27. 22Power to pay grant
  28. 23Amendment of the Sub-national Transport Body (Transport for the North) Regulations 2018
  29. Part 6: Additional functions
  30. 24Data sharing
  31. 25Assessment of economic conditions
  32. 26Incidental provisions
  33. Part 7: Mayoral functions
  34. 27Functions exercisable only by the Mayor
  35. 28Joint committees
  36. Part 8: Funding
  37. 29Funding
  38. 30Conferral of Business Rate Supplements functions
  39. 31Adaptation of BRS in consequence of article 30
  40. Part 9: Police and crime commissioner functions
  41. 32Police and crime commissioner functions
  42. 33Transfer of police and crime commissioner functions
  43. 34Transfer of property, rights and liabilities
  44. 35Secondments
  45. 36Continuity
  46. 37Foreign property etc, perfection of vesting
  47. 38Transfers: supplementary provision
  48. 39Extension of financial year of Police and Crime Commissioner and Chief Constable for North Yorkshire
  49. 40Modification to the Local Government Act 1972
  50. Part 10: Fire and rescue functions
  51. 41Transfer of functions of the North Yorkshire Police, Fire and Crime Commissioner Fire and Rescue Authority
  52. 42General functions of the Combined Authority exercisable only by the Mayor
  53. 43Arrangements for exercise of fire and rescue functions
  54. 44Members of fire committee
  55. 45Fire and rescue functions excluded from the power to make arrangements
  56. 46Police, Fire and Crime Panel: oversight functions in relation to fire and rescue functions
  57. 47Police, Fire and Crime Panel: scrutiny of the community risk management plan
  58. 48Notification of proposed allocation of budget for fire and rescue functions
  59. 49Police, Fire and Crime Panel review of proposed budget
  60. Transitional arrangements and asset transfers
  61. 50Transfer of property, rights and liabilities
  62. 51Secondments
  63. 52Continuity
  64. 53Transfers: supplementary provision
  65. 54Extension of financial year of fire and rescue authority
  66. 55Revocation
  67. Signature
  68. Schedule 1: Constitution
  69. 1Membership
  70. 2Chair and vice-chair
  71. 3Chair and vice-chair
  72. 4Proceedings
  73. 5Remuneration
  74. 6Remuneration
  75. 7Remuneration
  76. 8Records
  77. 9Standing orders
  78. Schedule 2
  79. Part 1: Modification of the application of Part 1 of the 2008 Act
  80. 1Paragraph 1
  81. Part 2: Modification of the application of Schedules 2 to 4 to the 2008 Act
  82. 2Paragraph 2
  83. Schedule 3: Modification of the application of Part 8 of, and schedule 21 to the 2011 Act
  84. 1Paragraph 1
  85. Schedule 4: Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004
  86. 1Paragraph 1
  87. Schedule 5: Modifications of police and crime commissioner enactments in their application to the Mayor
  88. Part 1: Primary legislation
  89. 1Police (Property) Act 1897
  90. 2Trustee Investments Act 1961
  91. 3Pensions (Increase) Act 1971
  92. 4Local Government (Miscellaneous Provisions) Act 1976
  93. 5Local Government, Planning and Land Act 1980
  94. 6Dartford-Thurrock Crossing Act 1988
  95. 7Local Government Finance Act 1988
  96. 8Road Traffic Act 1988
  97. 9Local Government and Housing Act 1989
  98. 10Police Act 1996
  99. 11Police Reform Act 2002
  100. 12Proceeds of Crime Act 2002
  101. 13Local Government Act 2003
  102. 14Railways and Transport Safety Act 2003
  103. 15Local Government and Public Involvement in Health Act 2007
  104. 16Local Democracy, Economic Development and Construction Act 2009
  105. 17Police Reform and Social Responsibility Act 2011
  106. 18Police Reform and Social Responsibility Act 2011
  107. 19Police Reform and Social Responsibility Act 2011
  108. 20Police Reform and Social Responsibility Act 2011
  109. 21Police Reform and Social Responsibility Act 2011
  110. 22Police Reform and Social Responsibility Act 2011
  111. 23Police Reform and Social Responsibility Act 2011
  112. 24Police Reform and Social Responsibility Act 2011
  113. 25Police Reform and Social Responsibility Act 2011
  114. 26Police Reform and Social Responsibility Act 2011
  115. 27Police Reform and Social Responsibility Act 2011
  116. 28Police Reform and Social Responsibility Act 2011
  117. 29Police Reform and Social Responsibility Act 2011
  118. 30Police Reform and Social Responsibility Act 2011
  119. 31Police Reform and Social Responsibility Act 2011
  120. 32Police Reform and Social Responsibility Act 2011
  121. 33Police Reform and Social Responsibility Act 2011
  122. 34Police Reform and Social Responsibility Act 2011
  123. 35Police Reform and Social Responsibility Act 2011
  124. 36Police Reform and Social Responsibility Act 2011
  125. 37Local Audit and Accountability Act 2014
  126. Part 2: Secondary legislation
  127. 38Motor Vehicles (Third Party Risks) Regulations 1972
  128. 39Official Secrets Act 1989 (Prescription) Order 1990
  129. 40Police (Disposal of Sound Equipment) Regulations 1995
  130. 41Police (Property) Regulations 1997
  131. 42Health and Safety (Enforcing Authority) Regulations 1998
  132. 43Motor Vehicles (Driving Licences) Regulations 1999
  133. 44Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999
  134. 45Motor Vehicles (Access to Driver Licensing Records) Regulations 2001
  135. 46Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001
  136. 47Police Regulations 2003
  137. 48Docking of Working Dogs’ Tails (England) Regulations 2007
  138. 49REACH Enforcement Regulations 2008
  139. 50Elected Local Policing Bodies (Specified Information) Order 2011
  140. 51Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012
  141. 52Police Appeals Tribunals Rules 2012
  142. 53Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012
  143. 54Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012
  144. 55Local Government Pension Scheme Regulations 2013
  145. 56Local Audit (Auditor Resignation and Removal) Regulations 2014
  146. 57Combined Authorities (Mayors) (Filling of Vacancies) Order 2017
  147. 58Police Appeals Tribunals Rules 2020
  148. 59Policing Protocol Order 2023
  149. Schedule 6: Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions
  150. Part 1: Primary legislation
  151. 1Paragraph 1
  152. 2Paragraph 2
  153. 3Paragraph 3
  154. 4Paragraph 4
  155. 5Paragraph 5
  156. 6Paragraph 6
  157. 7Paragraph 7
  158. 8Paragraph 8
  159. 9Paragraph 9
  160. 10Paragraph 10
  161. 11Paragraph 11
  162. 12Paragraph 12
  163. 13Paragraph 13
  164. 14Paragraph 14
  165. 15Paragraph 15
  166. 16Paragraph 16
  167. 17Paragraph 17
  168. 18Paragraph 18
  169. 19Paragraph 19
  170. 20Paragraph 20
  171. 21Paragraph 21
  172. 22Paragraph 22
  173. 23Paragraph 23
  174. Part 2: Secondary legislation
  175. 24Paragraph 24
  176. 25Paragraph 25
  177. 26Paragraph 26
  178. 27Paragraph 27
  179. 28Paragraph 28
  180. 29Paragraph 29
  181. 30Paragraph 30
  182. 31Paragraph 31
  183. 32Paragraph 32
  184. 33Paragraph 33
  185. 34Paragraph 34
  186. Schedule 7: Modification of enactments in their application to the Combined Authority as fire and rescue authority
  187. Part 1: Primary legislation
  188. 1Local Government Act 1972
  189. 2Local Government Finance Act 1988
  190. 3Local Government and Housing Act 1989
  191. 4Crime and Disorder Act 1998
  192. 5Local Government Act 2003
  193. 6Fire and Rescue Services Act 2004
  194. 7Local Democracy, Economic Development and Construction Act 2009
  195. 8Police Reform and Social Responsibility Act 2011
  196. Part 2: Secondary legislation
  197. 9Pipelines Safety Regulations 1996
  198. 10Local Government (Best Value Authorities) (Power to Trade) (England) Order 2009
  199. 11Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012
  200. 12Local Government Pension Scheme Regulations 2013
  201. 13Explosives Regulations 2014
  202. 14Control of Major Accident Hazards Regulations 2015
  203. 15Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017
  204. Explanatory note