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The Tees Valley Combined Authority (Functions and Amendment) Order 2017

S.I. 2017/431 · Made 16 March 2017 · Extends to England and Wales

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Local Government, England

Transport, England

Made 16th March 2017

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)(a), 105(1) and (3), 105A(1)(a), (b), (2) and (3), 107D(1), (7)(a), (b) and (c), 114(1) and (3) and 117(5) of 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 this 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 to secure effective and convenient local government.

In accordance with sections 104(10), 105(3A) and 105B(2)f4 of the 2009 Act the councils whose areas are comprised in the area of the Tees Valley Combined Authority and the Tees Valley Combined Authority have consented to the making of 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. Section 104 was amended by sections 8 and 14 of, and Schedule 5 to, the Cities and Local Government Devolution Act 2016 Act (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 was inserted by section 4 of the 2016 Act. Section 114 was amended by section 23 of and paragraphs 17 and 26 of Schedule 5 to the 2016 Act. Section 117(2), (2A) and (3) was substituted by section 13 of the Localism Act 2011 (c. 20). Section 117 was also amended by paragraph 29 of Schedule 5 to the 2016 Act.

f2

Section 112 was amended by section 6 of, and paragraphs 17 and 23 of Schedule 5 to, the 2016 Act.

f3

Section 113 was amended by sections 12 and 14 of and paragraph 24 of Schedule 5 to the 2016 Act.

f4

Section 105B was inserted by section 7 of the 2016 Act.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Power to pay grant Repealed
  4. 4Local transport Repealed
  5. 5Housing Repealed
  6. 6General functions of the Combined Authority exercisable only by the Mayor
  7. 7Funding
  8. 8Amendment of the Tees Valley Combined Authority Order 2016
  9. Signature
  10. Explanatory note

1Citation and commencementI1

(1)

This Order may be cited as the Tees Valley Combined Authority (Functions and Amendment) Order 2017.

(2)

Save as provided for in paragraph (3), this Order comes into force on 8th May 2017.

(3)

Article 8(3)(d)(ii) comes into force on the day after the day on which the Order is made.

2InterpretationI1

In this Order—

  • F1...

  • F2...

  • “the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;

  • “the 2016 Order” means the Tees Valley Combined Authority Order 2016f1;

  • “combined area” means the area of the Combined Authority;

  • “Combined Authority” means the Tees Valley Combined Authority, established by the 2016 Orderf2;

  • “constituent councils” means the councils for the local government areas of Darlington, Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees; and

  • “Mayor” means the mayor for the combined areaf3.

3Power to pay grantF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Local transportF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5HousingF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6General functions of the Combined Authority exercisable only by the MayorI1

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

For the purposes of the exercise of F2any mayoral function, the Mayor may do anything that the Combined Authority may do under section 113A of the 2009 Act (general power of EPB or combined authority)f1.

7FundingI1

(1)

The constituent councils must ensure that any reasonably incurred costs of the Combined Authority are met to the extent that the Combined Authority has not decided to meet these costs from other resources available to it.

(2)

Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of F1any mayoral function, to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined Authority.

(3)

Any amount payable by each of the constituent councils to ensure that the costs of the Combined Authority referred to in paragraphs (1) and (2) are met is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in the following shares between the constituent councils—

  • Darlington 15.80%

  • Hartlepool 14.67%

  • Middlesbrough 20.89%

  • Redcar and Cleveland 20.97%

  • Stockton-on-Tees 27.67%.

(4)

In relation to the expenditure mentioned in paragraph (2)—

(a)

to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (3)—

(i)

the Mayor must agree with the Combined Authority the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure; and

(ii)

in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred;

(b)

any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992f1 is to be disregarded from any calculation of the costs of the expenditure.

F2(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Amendment of the Tees Valley Combined Authority Order 2016I1

I2(1)

The 2016 Order is amended as follows.

(2)

In article 2 (interpretation) after the definition of “the Local Enterprise Partnership” insert—

  • ““Mayor” means the mayor for the area of the Combined Authority; and”.

(3)

Schedule 1 (constitution) is amended as follows—

(a)

in paragraph 1(2) (membership), after “sub-paragraph 1” insert “or if that member has been appointed as the Deputy Mayor and is acting in place of the Mayor at a meeting”;

(b)

paragraph 2 (chairman and vice-chairman) is omittedf1; and

(c)

for paragraph 3 (proceedings) there is substituted—

“Proceedings

3.
(1)

Subject to the following sub-paragraphs, any questions that are to be decided by the Combined Authority are to be decided by a majority of the members present and voting on that question at a meeting of the Combined Authority, and such a majority must include the Mayor, or the deputy Mayor acting in place of the Mayor, and substitute members, acting in place of members.

(2)

No business is to be transacted at a meeting of the Combined Authority unless the Mayor, or the deputy Mayor acting in place of the Mayor, and at least three members, or substitute members, appointed by the constituent councils are present at the meeting.

(3)

Each member is to have one vote and no member is to have a casting vote.

(4)

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

(5)

Members appointed from the Local Enterprise Partnership shall be non-voting members of the Combined Authority.

(6)

Questions relating to the following matters require a unanimous vote in favour by all members appointed by the constituent councils present and voting on that question (including substitute members acting in place of those members) and the Mayor (including the deputy mayor acting in place of the Mayor) to be carried at a meeting of the Combined Authority—

(a)

adoption of an investment plan;

(b)

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

(c)

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

(7)

The proceedings of the Combined 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.

(8)

In sub-paragraphs (3) and (7), the reference to a member includes—

(a)

the Mayor or the deputy Mayor acting in place of the Mayor;

(b)

a constituent member or a substitute member acting in that member’s place; and

(c)

a member appointed from the Local Enterprise Partnerships who has been given voting rights by resolution of the Combined Authority”;

(d)

in paragraph 4 (committees)—

(i)

for sub-paragraph (3) there is substituted—

“(3)

No business is to be transacted at a meeting of the overview and scrutiny committee unless at least two-thirds of the total number of members of the overview and scrutiny committee are present.”; and

(ii)

after sub-paragraph (10) there is inserted—

“Independent remuneration panel

4A.

The Combined Authority may establish an independent remuneration panel to recommend allowances payable to the Mayor.

(2)

An independent remuneration panel must consist of at least three members none of whom—

(a)

is also a member of the Combined Authority or is a member of a committee or sub-committee of the Combined Authority; and

(b)

is disqualified from being or becoming a member of the Combined Authority.

(3)

The Combined Authority may pay the expenses incurred by an independent remuneration panel established under sub-paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the Combined Authority may determine.

(4)

An independent remuneration panel must produce a report in relation to the Combined Authority, making recommendations as to any allowances payable to the Mayor.

(5)

A copy of a report made under paragraph (4) must be sent to the Combined Authority.”; and

(e)

for paragraph 7 (remuneration) there is substituted—

“7.
(1)

Subject to paragraph (2), no remuneration is payable by the Combined Authority to its members, other than allowances for travel and subsistence paid in accordance with a scheme drawn up by the Combined Authority.

(2)

The Combined Authority may pay the Mayor such allowances as it may agree, in accordance with any recommendations made by its independent remuneration panel.”.

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Sajid Javid

Secretary of State

Department for Communities and Local Government

16th March 2017

Explanatory note

(This note is not part of the Order)

This Order provides for the conferral of functions on and the amendment to the constitution of the Tees Valley Combined Authority, to reflect the appointment of a Mayor for the area of the Combined Authority following the making of the Tees Valley Combined Authority (Election of Mayor) Order 2016 (S.I 2016/783). The Combined Authority was established by the Tees Valley Combined Authority Order 2016 (S.I. 2016/449) (the 2016 Order). This Order has been made following the publication on 8th July 2016 of a scheme for the conferral of functions on the Combined Authority. This scheme is available at: https://teesvalley-ca.gov.uk/wp-content/uploads/2016/07/Doc-B-Scheme-final-160716.pdf.

Article 3 of the Order makes provision for the power of a Minister of the Crown to pay grant under section 31 of the Local Government Act 2003 exercisable in relation to the Combined Authority’s area to be a function of the combined authority. The function is to be exercisable by the Mayor of the Combined Authority and the grant can only be paid towards expenditure incurred or to be incurred by a constituent council.

Article 4 of the Order makes provision for certain local transport functions of the constituent councils to be exercisable by the Combined Authority in relation to the area of the Combined Authority. The functions are exercisable by the Combined Authority instead of by the constituent councils. The article also omits article 6 of the 2016 Order which delegated those functions to the Combined Authority.

Article 5 of the order provides for the function of the constituent councils under section 8 of the Housing Act 1985 (periodical review of housing needs) to be exercisable by the Combined Authority in relation to the area of the Combined Authority. The function is exercisable concurrently with the constituent councils.

Article 6 of the Order sets out the functions of the Combined Authority which are to be only exercisable by the Mayor, and enables members and officers of the Combined Authority to assist the Mayor in the exercise of those functions.

Article 7 provides that the costs of the Combined Authority reasonably attributable to the exercise of the function mentioned in article 5 is funded by contributions from the Combined Authority’s constituent councils.

Article 8 of the Order makes provision for the amendment of the constitution of the Combined Authority, to reflect the appointment of a Mayor for the area of the Combined Authority.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.