The West Yorkshire Combined Authority Order 2014
S.I. 2014/864 · Made 31 March 2014 · Extends to England and Wales
Local Government, England
Transport, England
Made 31st March 2014
Coming into force in accordance with article 1
The Secretary of State, having regard to a scheme prepared and published under section 82 of the Local Transport Act 2008 and section 109 of the Local Democracy, Economic Development and Construction Act 2009, considers that the making of this Order is likely to improve –
the exercise of statutory functions relating to transport in the area to which this Order relates,
the effectiveness and efficiency of transport in that area,
the exercise of statutory functions relating to economic development and regeneration in that area, and
economic conditions in that area.
The Secretary of State is satisfied that the area to which this Order relates meets the conditions set out in section 103 of the Local Democracy, Economic Development and Construction Act 2009.
The Secretary of State has consulted—
the metropolitan district councils for the area comprised in the West Yorkshire integrated transport area,
the West Yorkshire Integrated Transport Authority,
such other persons as the Secretary of State considered appropriate.
The councils whose areas are comprised in the West Yorkshire integrated transport area have consented to the making of this Order.
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.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 85 of the Transport Act 1985, section 94 of the Local Transport Act 2008 and section 117 of the Local Democracy, Economic Development and Construction Act 2009.
Accordingly, the Secretary of State makes the following Order:
Annotations to the whole text
Footnotes
- f1
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1985 c.67. Section 85 was amended by the Local Transport Act 2008 (c.26) Schedule 4, paragraphs 18 and 30 and by S.I. 2009/107.
- f2
- f3
Contents
- Part 1: General
- 1Citation and commencement
- 2Interpretation
- Part 2: Establishment of a combined authority for West Yorkshire
- 3Establishment
- 4Constitution
- 5Funding Repealed
- Part 3: Transport
- 6Abolition and transfer of functions
- 7Adaptation of enactments
- 8Passenger Transport Executive
- 9Continuity
- Part 4: Additional functions Repealed
- 10Economic development and regeneration functions Repealed
- 11Incidental provisions Repealed
- 12Incidental provisions Repealed
- 13Incidental provisions Repealed
- Signature
- Schedule 1: Constitution
- 1Membership
- 2Chairman and vice-chairman
- 3Proceedings
- 4Committees
- 5Records
- 6Standing orders
- 7Remuneration
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A
- 9BParagraph 9B
- 9CParagraph 9C
- 10Paragraph 10
- Schedule 2: Modification of Part 2 of the Transport Act 1968
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 3: Economic development and regeneration functions Repealed
- 1Paragraph 1 Repealed
- Explanatory note
1Citation and commencementI1
This Order may be cited as the West Yorkshire Combined Authority Order 2014.
Article 8(1) and (2) shall come into force on the day after the day on which this Order is made and the other provisions of this Order shall come into force immediately afterwards.
2InterpretationI1
In this Order—
“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;
“combined area” means the area consisting of the areas of the constituent councils;
“the Combined Authority” means the West Yorkshire Combined Authority constituted by article 3;
“the commencement date” means the date on which this Order comes into force;
“constituent councils” means the metropolitan district councils for the local government areas of Bradford, Calderdale, Kirklees, Leeds and Wakefield;
“the Executive” has the meaning given by article 8(1);
“financial year” means the period of 12 months ending with 31st March in any year;
“the ITA” means the West Yorkshire Integrated Transport Authority;
“Local Enterprise Partnership” means the Board of the Leeds City Region Local Enterprise Partnership; and
“non-constituent council” means the council for the local government area of York.
3EstablishmentI1
There is established a combined authority for the combined area.
The combined authority is to be a body corporate and to be known as the West Yorkshire Combined Authority.
The functions of the Combined Authority are those functions conferred or imposed upon it by this Order or by any other enactment (whenever passed or made), or as may be delegated to it by or under this Order or any other enactment (whenever passed or made).
4ConstitutionI1
Schedule 1 (which makes provision about the constitution of the Combined Authority) has effect.
5FundingF1
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6Abolition and transfer of functionsI1
The West Yorkshire integrated transport area is dissolved and the ITA is abolished.
On the abolition of the ITA—
its functions; and
its property, rights and liabilities,
are transferred to the Combined Authority.
7Adaptation of enactmentsI1
This article has effect in consequence of article 6.
In any enactment (whenever passed or made)—
any reference to an integrated transport area; or
any reference which falls to be read as a reference to such an area,
is to be treated as including a reference to the combined area.
In any enactment (whenever passed or made)—
any reference to an integrated transport authority; or
any reference which falls to be read as a reference to such an authority,
is to be treated as including a reference to the Combined Authority.
Paragraphs (2) and (3) do not apply to Part 2 of the Transport Act 1968 which is amended in accordance with Schedule 2.
8Passenger Transport ExecutiveI1
In this Order “the Executive” means the West Yorkshire Passenger Transport Executive established by the West Yorkshire Passenger Transport Area (Establishment of Executive) Order 1973f1.
The Executive shall be dissolved and all functions, property, rights and liabilities of the Executive shall be transferred to the ITA.
Subject to article 7(4) and Schedule 2 and to the following provisions of this article, any reference in any enactment (whenever passed or made) to a passenger transport executive or to passenger transport executives is to be treated, in its application to the combined area, as if it were a reference to the Combined Authority.
Paragraph (3) does not apply to the following enactments—
in the Audit Commission Act 1998f2—
section 11(2)(g);
section 30(1) and (3); and
in Schedule 2, paragraph 4;
paragraph 28 of Schedule 1 to the Freedom of Information Act 2000f3;
Schedule 2 to the Local Government Act 1988f4;
section 33 of the Railways Act 2005f5;
sections 95, 96, 97, 104(2) and (3) and 137(5) of the Transport Act 1985; and
section 162(4) of the Transport Act 2000.
The West Yorkshire Passenger Transport Area (Establishment of Executive) Order 1973 is revoked.
9ContinuityI1
Nothing in article 6, 7 or 8 affects the validity of anything done by or in relation to the ITA or the Executive before the commencement date.
There may be continued by or in relation to the Combined Authority anything (including legal proceedings) which—
relates to any of the functions, property, rights or liabilities transferred to the Combined Authority; and
is in the process of being done by or in relation to the ITA or the Executive immediately before the commencement date.
Anything which—
was made or done by or in relation to the ITA or the Executive for the purposes of or otherwise in connection with any of the functions, property, rights or liabilities transferred; and
is in effect immediately before the transfer takes effect,
has effect as if made or done by or in relation to the Combined Authority.
The Combined Authority shall be substituted for the ITA or, where appropriate, the Executive in any instruments, contracts or legal proceedings which—
relate to any of the functions, property, rights or liabilities transferred; and
are made or commenced before the transfer takes effect.
A reference in this article to anything made or done by or in relation to the ITA or the Executive includes a reference to anything which by virtue of any enactment is to be treated as having been made or done by or in relation to the ITA or the Executive.
Without prejudice to the generality of this article a levy issued by the ITA under section 74 of the Local Government Finance Act 1988f1 and in accordance with the Transport Levying Bodies Regulations 1992f2 to the constituent councils in respect of the financial year beginning 1st April 2014 has effect for that year from and after the commencement date as if it had been so issued by the Combined Authority.
10Economic development and regeneration functions
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11Incidental provisions
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12Incidental provisions
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13Incidental provisions
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Signature
Signed on behalf of the Secretary of State for Communities and Local Government
Brandon Lewis
Parliamentary Under Secretary of State
Department for Communities and Local Government
31st March 2014
1MembershipF1
Subject to sub-paragraph (3), the Combined Authority shall comprise ten members in addition to the Mayor as provided for in the following sub-paragraphs.
Each of the constituent councils shall appoint one of its elected members as a member of the Combined Authority.
The constituent councils shall agree the appointment of another elected member from three of the constituent councils, so that the constituent council members taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among members of the constituent councils; in the absence of such agreement no members shall be appointed under this sub-paragraph.
The non-constituent council shall appoint one of its elected members to be a member of the Combined Authority.
Each constituent council and the non-constituent council shall appoint another of its elected members to act as a member of the Combined Authority in the absence of the members appointed under sub-paragraphs (2) to (4) (“the substitute member”).
The substitute members for members appointed under sub-paragraph (3) must be appointed jointly by the constituent councils.
The Leeds City Region Enterprise Partnership shall nominate one of its members to be a member of the Combined Authority (“Local Enterprise Partnership Member”).
The Leeds City Region Enterprise Partnership shall nominate another of its members to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (7) (“the substitute member”).
For the purposes of this Schedule any reference to a member is to be treated as including a reference to the Local Enterprise Partnership Member and substitute member.
A person ceases to be a member or substitute member of the Combined Authority if they cease to be—
a member of the constituent council or non-constituent council that appointed them; or
a member of the Local Enterprise Partnership that nominated them.
A person may resign as a member or substitute member of the Combined Authority by written notice served on the proper officer of the council, Combined Authority or the chair or vice-chair of the Local Enterprise Partnership (as the case may be) of—
the constituent council or non-constituent council that appointed them; or
the Local Enterprise Partnership that nominated them,
and the resignation shall take effect on receipt of the notice by the proper officer of the council, Combined Authority or chair or vice-chair of the Local Enterprise Partnership (as the case may be).
Where a member or substitute member's appointment ceases by virtue of sub-paragraph (10) or (11)—
the constituent council or the non-constituent council that made the appointment shall, as soon as practicable, give written notice of that fact to the Combined Authority and appoint another of its elected members in that person's place;
the Local Enterprise Partnership must, as soon as practicable, give written notice of that fact to the Combined Authority and nominate another of its members in that person's place.
The Combined Authority shall appoint a member nominated under sub-paragraph (12)(b) at the next ordinary meeting of the Combined Authority.
A constituent council or the non-constituent council may at any time terminate the appointment of a member or substitute member appointed by it to the Combined Authority and appoint another of its elected members in that person's place.
The appointment of the members and substitute members for members appointed under sub paragraph (3) can only be terminated jointly by the constituent councils.
Where a constituent council or the non-constituent council exercises its power under sub-paragraphs (14) and (15), it shall give written notice of the new appointment and the termination of the previous appointment to the Combined Authority and the new appointment shall take effect and the previous appointment terminate at the end of one week from the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.
The Local Enterprise Partnership may at any time terminate the appointment of a member or substitute member nominated by it to the Combined Authority and nominate another of its members in that person's place.
Where the Local Enterprise Partnership exercises its power under sub-paragraph (17), it shall give written notice of the new nomination and the termination of the previous appointment to the Combined Authority.
The Combined Authority shall appoint a member nominated under sub-paragraph (18) and the new appointment shall take effect and the previous appointment terminate at the end of one week from the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.
For the purposes of this paragraph, an elected mayor of a constituent council or non-constituent council is to be treated as a member of the constituent council or non-constituent council.
2Chairman and vice-chairmanF1
For the period up until the Mayor begins their term of office in accordance with article 3(4) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021, the Combined Authority must appoint a chairman and a vice chairman from amongst its members.
A person ceases to be chairman or vice-chairman of the Combined Authority if they cease to be a member of the Combined Authority.
If a vacancy arises in the office of chairman or vice-chairman, an appointment to fill the vacancy is to be made at the next ordinary meeting of the Combined Authority or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.
3ProceedingsF1
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Upon the Mayor beginning their term of office in accordance with article 3(4)(a) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021, no business shall 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 of the Combined Authority appointed by constituent councils under paragraph 1(2) or the substitute member acting in their place are present.
Where the deputy mayor is acting in the place of the Mayor they cannot also act in their capacity as a member of the Combined Authority.
The substitute member for the deputy mayor may act in the capacity of a member of the Combined Authority when the deputy mayor is acting in the place of the Mayor.
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Members appointed by the non-constituent council, the Local Enterprise Partnership Member and non-constituent council and Local Enterprise Partnership substitute members shall be non-voting members of the Combined Authority.
Proposals for decisions by the Combined Authority may be put forward by the Mayor or any member of the Combined Authority.
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Reference to a two thirds majority in article 8(4) of the Combined Authorities (Finance) Order 2017 is to be read as reference to a five eights majority.
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4CommitteesF1
The Combined Authority shall appoint one or more committees as an overview and scrutiny committee or, as the case may be, committees of the Combined Authority.
The Combined Authority shall appoint at least one member of each of the constituent councils and the non-constituent council to an overview and scrutiny committee appointed by the Combined Authority.
Members appointed from the non-constituent council to an overview and scrutiny committee of the Combined Authority, and members appointed from the non-constituent council or the Local Enterprise Partnership to any other committee or sub-committee of the Combined Authority, shall be non-voting members of the committee or sub-committee but may be given voting rights by resolution of the Combined Authority.
5RecordsF1
The Combined Authority must make arrangements for the names of members and substitute members present at any meeting to be recorded.
Minutes of the proceedings of a meeting of the Combined Authority, or any committee or sub-committee of the Combined Authority, are to be kept in such form as the Combined Authority may determine.
Any such minutes are to be signed at the same or next suitable meeting of the Combined Authority, committee or sub-committee as the case may be, by the person presiding at that meeting.
Any minute purporting to be signed as mentioned in sub-paragraph (3) shall be received in evidence without further proof.
Until the contrary is proved, a meeting of the Combined Authority, committee or subcommittee, a minute of whose proceedings has been signed in accordance with this paragraph, is deemed to have been duly convened and held, and all the members and substitute members present at the meeting are deemed to have been duly qualified.
For the purposes of sub-paragraph (3) the next suitable meeting is the next following meeting or, where standing orders made by the Combined Authority provide for another meeting of the authority, committee or sub-committee to be regarded as suitable, either the next following meeting or that other meeting.
6Standing ordersF1
The Combined Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.
7RemunerationF1F2
Subject to paragraphs 8 to 9B and paragraph 10 no remuneration is to be payable by the Combined Authority to its members or to members of a constituent council who are appointed to an overview and scrutiny committee or sub-committee, or to the audit committee, of the Combined Authority, other than—
allowances for travel and subsistence paid in accordance with a scheme approved by the Combined Authority;
allowances payable in accordance with a scheme made under section 113E of the 2009 Act.
8F1
The Combined Authority may establish an independent remuneration panel who may make recommendations to the Combined Authority regarding the allowances payable to—
the Mayor; and
the deputy mayor provided that the deputy mayor is not a leader or elected mayor of a constituent or non-constituent council or the Chair of the Local Enterprise Partnership.
An independent remuneration panel must consist of at least three members none of whom—
is also a member of the Combined Authority or is a member of a committee or sub-committee of the Combined Authority or a member of a constituent council of the Combined Authority; or
is disqualified from being or becoming a member of the Combined Authority.
The Combined Authority may pay the expenses incurred by the independent remuneration panel established under 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.
9F1
The Combined Authority may only pay an allowance to the Mayor or the deputy mayor if—
the Combined Authority has considered a report published by the independent remuneration panel established under paragraph 8(1) which contains recommendations for such an allowance; and
the allowance paid by the Combined Authority does not exceed the amount specified in the recommendation made by the independent remuneration panel.
9AF1F2
The Combined Authority may pay an allowance to—
a member of a constituent council who is appointed to an overview and scrutiny committee of the Combined Authority, or a sub-committee of that committee,
a member of the Combined Authority or a member of a constituent council who is appointed to the audit committee of the Combined Authority,
in accordance with any recommendations made by its independent remuneration panel.
9BF1
Where the Combined Authority pays a relevant allowance to a person—
that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;
that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and
the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.
9CF1F2
In paragraph 9B, a “relevant allowance” means—
an allowance payable under paragraphs 9 or 9A to any person referred to in those paragraphs, which is not an allowance for travel and subsistence;
an allowance payable in accordance with a scheme made under section 113E of the 2009 Act.
10F1
The Combined Authority must consider a report from the independent remuneration panel before approving a scheme under F2paragraph 7(a).
1I1
The Transport Act 1968f1 is amended as follows.
2I1
Section 9 (areas, authorities and executives) is amended as follows.
In subsection (1)(c)—
in sub-paragraph (i), after “England and Wales” there is inserted “(except as mentioned in sub-paragraph (ia))”;
after sub-paragraph (i) there is inserted—
“(ia)in relation to the area of the West Yorkshire Combined Authority, that Authority;”.
After subsection (6) there is inserted—
“(6A)This section applies in relation to the West Yorkshire Combined Authority as if—
(a)subsections (2) to (4) were omitted; and
(b)in subsection (5), the words “the Executive and any subsidiary of the Executive”. were omitted.”
3I1
In section 9A (general functions of Authorities and Executives), after subsection (11) there is inserted—
“(12)This section applies to the West Yorkshire Combined Authority as if—
(a)the duty under subsection (3) were a duty for the Authority to secure the provision of such public passenger transport services as it considers appropriate for meeting any public transport requirements within its area which in the view of the Authority would not be met apart from any action taken by it for that purpose;
(b)subsection (3A) were omitted;
(c)in subsection (5)—
(i)the words “for the Executive of that area” were omitted;
(ii)for the words “by the Executive for that area, and the Executive” there were substituted “and”;
(d)in subsections (6) and (7), the references to the Executive were omitted.”
4I1
In section 10 (general powers of Executive), after subsection (9) there is inserted—
“(10)This section applies to the West Yorkshire Combined Authority as if—
(a)in subsection (1)—
(i)in paragraph (xxiii), the words “subject, in the case of a disposal of land, to the approval of the Authority” were omitted, and
(ii)any other reference to the approval of the Authority were omitted;
(b)in subsection (7), the words “the approval of the Authority or” were omitted.”
5I1
In section 11 (financial duty of Executive), after subsection (3A) there is inserted—
“(3B)Subsection (3A) applies to the West Yorkshire Combined Authority as if the words from “and the Authority” to “the application thereof” were omitted.”
6I1
In section 12 (borrowing powers of Executive), after subsection (7) there is inserted—
“(8)This section does not apply to the West Yorkshire Combined Authority.”
7I1
In section 13 (power to make grants)—
the existing text is renumbered as subsection (1);
after that subsection there is inserted—
“(2)This section does not apply to the West Yorkshire Combined Authority.”
8I1
In section 14 (accounts of Executive), after subsection (3) there is inserted—
“(4)This section does not apply to the West Yorkshire Combined Authority.”
9I1
In section 15 (further functions of Authority), after subsection (7) there is inserted—
“(8)This section does not apply to the West Yorkshire Combined Authority.”
10I1
In section 15A (additional provisions as to control of Executive by Authority), after subsection (3) there is inserted—
“(4)This section does not apply to the West Yorkshire Combined Authority.”
11I1
In section 16 (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities), after subsection (2) there is inserted—
“(2A)In its application to the West Yorkshire Combined Authority, subsection (2) has effect as if—
(a)the words “jointly by the Authority and the Executive” were omitted;
(b)“and the Executive” (in the second place) were omitted; and
(c)for “their respective” there were substituted “its”.”
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Explanatory note
(This note is not part of the Order)
This order establishes the West Yorkshire Combined Authority.
Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”) provides for the establishment of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate which may be given power to exercise functions relating to transport and to economic development and regeneration in their area.
The Secretary of State may only establish a combined authority for an area where a scheme for such an authority has been published under section 109 of the 2009 Act. This order has been made following the publication of such a scheme on 31st July 2013 by the constituent councils whose areas together make up the combined area of the new authority. The scheme is available at www.awya.gov.uk/combinedauthority.
Part 2 of the Order establishes the new authority, to be known as the West Yorkshire Combined Authority, and makes provision for its constitution and funding.
Article 4 of and Schedule 1 to the Order make provision for the constitution of the West Yorkshire Combined Authority. This is supplemental to the provision that is made by Part 1A of Schedule 12 to the Local Government Act 1972 (see paragraph (6A) of that Schedule, as amended by the 2009 Act).
Article 5 makes provision for the funding, by the constituent councils, of those costs of the West Yorkshire Combined Authority that relate to the exercise of its economic development and regeneration functions.
Part 3 concerns transport. Article 6 abolishes the West Yorkshire integrated transport area and its integrated transport authority and transfers all functions rights and liabilities to the combined authority. Article 7 and Schedule 2 make consequential adaptations to enactments. Article 8 8 provides for the dissolution of the West Yorkshire Passenger Transport Executive and its merger into the West Yorkshire Integrated Transport Authority. In accordance with article 1(2) this takes effect immediately before the other provisions of the Order. Article 8 also makes general modifications to Acts referring to passenger transport executives and disapplies specified Acts. Article 9 provides for continuity in the exercise of functions as between the abolished Integrated Transport Authority and Passenger Transport Executive and the Combined Authority.
Part 4 confers additional functions on the West Yorkshire Combined Authority. Article 10 confers functions of the constituent councils relating to economic development and regeneration. These are set out in Schedule 3 to the Order and are to be exercised concurrently with the constituent councils. Articles 11 to 12 make some general, incidental provisions relating to the West Yorkshire Combined Authority to enable it to carry out its functions effectively.
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.