OpenLegislation

The Greater Manchester Combined Authority (Functions and Amendment) Order 2017

S.I. 2017/612 · Made 26 April 2017 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 4 June 2026.

Local Government, England

Made 26th April 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) and (b), (2)(a) and (b), (3)(a) and (b), (4)(a) and (b), 107D(1) and (7)(c), 114(1) and (3), 115(1) and (2)(a) 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 governmentf4.

In accordance with sections 104(10), 105(3A) and 105B(1)(b) and (2) of the 2009 Actf5—

(a)

the councils whose local government areas are comprised in the area of the Greater Manchester Combined Authority and the Greater Manchester Combined Authority have consented to the making of this Orderf6, and

(b)

the Secretary of State considers that the making of this Order is likely to improve the exercise of statutory functions in the area to which this Order relates.

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.

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.C1

Annotations to the whole text

Modifications

C1

Order continued (temp.) (25.3.2026) by The Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026 (S.I. 2026/169), reg. 1(3), Sch. 1

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. Section 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 115 was amended by section 23 of, and paragraphs 17 and 27 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 amended by sections 13 and 23 of, and paragraphs 17 and 29 of 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 that Act in relation to an existing 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.

f5

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

f6

This Order relates to the area of the Greater Manchester Combined Authority, which was established by the Greater Manchester Combined Authority Order 2011 (S.I. 2011/908) as amended by the Greater Manchester Combined Authority (Amendment) Order 2015 (S.I. 2015/960) and by the Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267). Article 2 of S.I. 2011/908 defines the “combined area” as the area consisting of the areas of the constituent councils, who are the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Mayoral development corporation Repealed
  5. 3Conferral of functions on the GMCA Repealed
  6. 4Application of provisions in the 2011 Act Repealed
  7. 5Incidental provisions Repealed
  8. 6Incidental provisions Repealed
  9. 7Incidental provisions Repealed
  10. Part 3: Grants Repealed
  11. 8Power to pay grant Repealed
  12. Part 4: Waste Disposal
  13. 9Abolition and transfer of functions
  14. 10Adaptation of enactments
  15. 11Continuity
  16. Part 5: Funding
  17. 12Funding
  18. Part 6: Data sharing; delegation of functions; mayoral functions
  19. 13Data sharing
  20. 14Arrangements for delegation of general functions of the Mayor
  21. 15Functions exercisable only by the mayor
  22. Part 7: Amendment of the Greater Manchester Combined Authority Order 2011; consequential provision
  23. 16Amendment of the Greater Manchester Combined Authority Order 2011
  24. 17Consequential provision
  25. Signature
  26. Schedule: Modification of the application of Part 8 of the 2011 Act Repealed
  27. 1Paragraph 1 Repealed
  28. Explanatory note

1Citation and commencementI1

(1)

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

(2)

Save as provided in paragraphs (3) and (4) this Order comes into force on the day after the day on which it is made.

(3)

Parts 2 and 3 and articles 14, 15, and 16(2) and (4) come into force on 8th May 2017.

(4)

Part 4 comes into force on 1st April 2018.

2InterpretationI1

In this Order—

  • “the 1989 Act” means the Local Government and Housing Act 1989f1;

  • F1...

  • F2...

  • F3...

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

  • F4...

  • “the 2011 Order” means the Greater Manchester Combined Authority Order 2011f2;

  • “the Area” means the area of the GMCA;

  • “constituent councils” means the district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan;

  • F5...

  • “GMCA” means the Greater Manchester Combined Authority, a body corporate established by the 2011 Orderf3;

  • “GMWDA” means the Greater Manchester Waste Disposal Authority established by the Waste Regulation and Disposal (Authorities) Order 1985f4; and

  • “the Mayor” means the mayor for the Areaf5, except in the term “the Mayor of London”.

3Conferral of functions on the GMCAF1

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

4Application of provisions in the 2011 ActF1

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

5Incidental provisionsF1

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

6Incidental provisionsF1

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

7Incidental provisionsF1

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

8Power to pay grantF1

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

9Abolition and transfer of functionsI1

(1)

The functions of the GMWDA are functions of the GMCA that are exercisable in relation to the local government areas of the constituent councils other than the district council for the local government area of Wigan.

(2)

The GMWDA is abolished and all property, rights and liabilities (including rights and liabilities in relation to contracts of employment) which immediately before 1st April 2018 were property, rights and liabilities of the GMWDA are to transfer to, and by virtue of this paragraph vest in, the GMCA on 1st April 2018.

(3)

In this Part, “GMWDA area” means the local government areas of the constituent councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside and Trafford.

10Adaptation of enactmentsI1

(1)

This article has effect in consequence of article 9.

(2)

Subject to paragraph (3) and to the following provisions of this article—

(a)

any reference to the GMWDA,

(b)

any reference to a waste disposal authority, or

(c)

any reference which falls to be read as a reference to such an authority,

in any enactment (whenever passed or made) is to be treated, in its application to the GMWDA area, as if it were to the GMCA in respect of the functions conferred on the GMCA by article 9(1).

(3)

Paragraph (2) does not apply to the following enactments—

(a)

section 2 of the Local Government (Records) Act 1962 (acquisition and deposit of records)f1;

(b)

Part 8 of the Local Government Finance Act 1988 (interpretation)f2;

(c)

section 74 (transfer of land and other property to housing) of and paragraph 12 of Schedule 1 (tenancies which cannot be assured tenancies) to the Housing Act 1988f3;

(d)

Part 1 and sections 150 (power to allow charges), 151 (power to amend provisions about charges) and 152 (interpretation, consultation and commencement of ss. 150 and 151) of the 1989 Act;

(e)

section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance)f4;

(f)

Part 2 of the Deregulation and Contracting Out Act 1994 (“Local authority”: England)f5;

(g)

section 3 of the Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants)f6;

(h)

section 1 of the Local Government Act 1999 (best value authorities)f7;

(i)

paragraph 15 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)f8;

(j)

Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007 (application of Chapter: partner authorities);

(k)

sections 34 (mutual insurance) and 35 of the 2009 Act (mutual insurance: supplementary)f9;

(l)

section 210 (reports on improving efficiency and sustainability of buildings owned by local authorities) and paragraph 11 of Schedule 20 to the Housing and Planning Act 2016 (authorities specified for purposes of section 210 (reports on improving efficiency and sustainability of buildings owned by local authorities))f10;

(m)

paragraph 4 of Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999f11;

(n)

the Schedule to the Local Authorities (Exemption from Political Restrictions) (Designation) Regulations 2012f12;

(o)

paragraph 1 of the Schedule to the Whole of Government Accounts (Designation of Bodies) Order 2015f13; and

(p)

article 2 of the Audit Commission for Local Authorities and the National Health Service in England (Specified Organisations) (England) Order 2009f14.

11ContinuityI1

(1)

Nothing in articles 9 or 10 affects the validity of anything done by or in relation to the GMWDA before the commencement date of this Part as specified in article 1(4).

(2)

There may be continued by or in relation to the GMCA anything (including legal proceedings) which—

(a)

relates to any of the functions conferred by article 9(1);

(b)

relates to the property, rights or liabilities transferred to the GMCA; and

(c)

is in the process of being done by or in relation to the GMWDA immediately before the commencement date.

(3)

Anything which—

(a)

was made or done by or in relation to the GMWDA for the purposes of or otherwise in connection with any of the functions conferred by article 9(1) or the property, rights or liabilities transferred by that article; and

(b)

is in effect immediately before article 9(1) comes into force,

has effect as if made or done by or in relation to the GMCA.

(4)

The GMCA is to be substituted for the GMWDA, in any instruments, contracts or legal proceedings which—

(a)

relate to any of the functions conferred by article 9(1) or to the property, rights or liabilities transferred by that article; and

(b)

are made or commenced before the transfer takes effect.

(5)

A reference in this article to anything made or done by or in relation to the GMWDA 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 GMWDA.

(6)

Without prejudice to the generality of this article a levy issued by the GMWDA under section 74 of the Local Government Finance Act 1988 (levies)f1 and in accordance with the Joint Waste Disposal Authorities (Levies) (England) Regulations 2006f2 to the councils within the GMWDA area in respect of the financial year beginning 1st April 2018 is to have effect for that year as if it had been so issued by the GMCA.

(7)

The property, rights and liabilities of the GMWDA are to be transferred by this Order, notwithstanding that they may be or include—

(a)

property, rights and liabilities that would not otherwise be capable of being transferred; or

(b)

rights and liabilities under enactments.

(8)

No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this Order (whether or not any consent required to the transfer has been obtained).

(9)

No right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document, is to operate or become exercisable or be contravened, by reason of the transfer made by this Order.

(10)

Paragraphs (7) to (9) above have effect in relation to—

(a)

the grant or creation of an estate or interest in, or right over, any land or other property; or

(b)

the doing of any other thing in relation to land or other property,

as they have effect in relation to the transfer made by this Order of land or other property.

(11)

In this article, “relevant document” means—

(a)

any enactment, other than an enactment contained in the 2009 Act;

(b)

any subordinate legislation made otherwise than under that Act; or

(c)

any deed or other instrument.

12FundingI1

(1)

Subject to paragraph (5), the constituent councils must ensure that F1the costs of the GMCA reasonably attributable to the exercise of its functions are met, to the extent that the GMCA has not decided to meet these costs from other resources available to the GMCA.

(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 F2any mayoral function to the extent that the Mayor has not decided to meet these costs from other resources available to the GMCA.

(3)

Subject to paragraphs (5) and (6), any amount payable by each of the constituent councils to ensure that the costs of the GMCA 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 accordance with the proportion to the total resident population of the GMCA which resides in the area of each constituent council at the relevant date as estimated by the Statistics Boardf1.

(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 GMCA 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 1992f2 is to be disregarded from any calculation of the costs of the expenditure.

(5)

The district council for the local government area of Wigan does not have to meet any costs of the GMCA in relation to functions conferred under Part 4 (waste disposal).

(6)

The resident population for the district council for the local government area of Wigan is to be excluded from any calculation of the total resident population made under paragraph (3) in relation to functions conferred under Part 4 (waste disposal).

(7)

For the purposes of paragraph (3) the relevant date in relation to a payment for a financial year is 30th June in the financial year which commenced two years prior to the financial year in which such payment is made.

13Data sharingI1

F1(1)

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

(2)

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

(3)

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

(4)

The GMCA is a local enforcing authority for the purposes of section 113 of the Environment Act 1995 (disclosure of information)f1 in consequence of the functions conferred by paragraphs 3 to 5 of Schedule 3 to the 2011 Order.

(5)

The GMCA is to be treated as a local authority in consequence of the functions conferred by paragraph 6 of Schedule 3 to the 2011 Order and article 12(1)(a) to (d) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2016f2 for the purposes of section 122 of the Apprenticeships, Skills, Children and Learning Act 2009 (sharing of information for education and training purposes)f3.

(6)

The GMCA is to be treated as a local authority in consequence of the functions conferred by article 12(1)(e) to (i) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2016 for the purposes of—

(a)

section 14 of the 2008 Act (educational institutions: duty to provide information)f4;

(b)

section 16 of the 2008 Act (supply of information by public bodies)f5;

(c)

section 17 of the 2008 Act (sharing and use of information held for purposes of support services or functions under this Part)f6; and

(d)

section 77 of the 2008 Act (supply of information by public bodies)f7.

(7)

In this article, “the 2008 Act” means the Education and Skills Act 2008f8.

14Arrangements for delegation of general functions of the MayorI1

In arrangements made under section 107D(3)(b) and (7)(b) of the 2009 Act (functions of mayors: general) the Greater Manchester Passenger Transport Executivef1 is to be treated as if it were an officer of the GMCA.

15Functions exercisable only by the mayorI1

F1(1)

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

(2)

For the purposes of the exercise of F2any mayoral function—

F3(a)

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

(b)

the Mayor has the power to do in relation to F4any mayoral function anything that the GMCA may do under section 113A of the 2009 Act (general power of EPB or combined authority) for the purposes of its functionsf1.

F5(3)

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

(4)

The Mayor may not make arrangements in accordance with section 107D(3) of the 2009 Actf2 in relation to the level or amount of earn back to be used or allocated to any exercise of a general function.

(5)

Anything which, immediately before 8th May 2017, is in the process of being done by or in relation to the GMCA or by or in relation to a constituent council F6... in relation to earn back, is to be treated as having been done by or in relation to the Mayor.

(6)

In paragraphs (4) and (5) “earn back” means the arrangements specified in paragraph 17 of the Greater Manchester Agreement of 3rd November 2014f3.

16Amendment of the Greater Manchester Combined Authority Order 2011

(1I1)

Schedule 1 (constitution) to the 2011 Order is amended as set out in the following paragraphs.

I2(2)

In paragraph 3 (proceedings)—

(a)

in sub-paragraph (1)—

(i)

after “(2B)” insert “(2C), (2D), (2E) and (2F)”;

(ii)

for “and (4)” substitute “, (4) and (4A)”.

(b)

after sub-paragraph (2B) insert—

“(2C)

Subject to sub-paragraph (2D), questions relating to the adoption, amendment, modification, revision, variation, withdrawal or revocation or replacement of a local transport plan under the following provisions of the Transport Act 2000f1 require a vote in favour by at least 8 members, or substitute members acting in place of those members, present and voting on that question at a meeting of the GMCA—

(a)

section 108(1)(a) (local transport plans);

(b)

section 108(3) (local transport plans); and

(c)

section 109(1) and (2) (further provision about plans: England).

(2D)

The following plans may be amended by a vote in favour by at least 7 members, or substitute members acting in place of those members, appointed by the constituent councils present and voting on that question at a meeting of the GMCA—

(a)

a draft policy or a draft local transport plan prepared by the Mayor under sections 108(1)(a) or (3) (local transport plans) of the 2000 Act; or

(b)

a draft alteration or replacement of the local transport plan prepared under sections 109(1) and (2) (further provision about plans: England) of the 2000 Act.

(2E)

In relation to functions conferred under Part 4 (waste disposal) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2017—

(a)

the member for the GMCA appointed by the district council for the local government area of Wigan, or any substitute member acting in place of that member, does not have a vote; and

(b)

subject to sub-paragraph (a), decisions relating to levying and budgets require a vote in favour by at least 7 members, or substitute members acting in place of those members, present and voting on that question at a meeting of the GMCA.

(2F)

In relation to functions conferred under article 3(1) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2017, the Mayor or the deputy Mayor acting in place of the Mayorf2 cannot—

(a)

participate in any consideration under section 197(3)(f) (designation of Mayoral development areas) of the Localism Act 2011; or

(b)

be included as a consultee for the purposes of section 197(4)(a) of that Act.”;

(c)

sub-paragraph (3)(a)(ii) is omitted; and

(d)

after sub-paragraph (4), insert—

“(4A)

Questions relating to the use of earn back budget as described in paragraph 17 of the Greater Manchester Agreement of 3rd November 2014f3 cannot be carried without the vote of the Mayor or the deputy Mayor acting in place of the Mayor.”.

(3)

After paragraph 3 (proceedings) insert—

“Committees– general

3A.
(1)

Save as provided in paragraph (2), the GMCA must, when appointing members of a committee or a sub-committee of the GMCA, appoint such number of members of each of the constituent councils, so that the members of the committee drawn from the constituent councils taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among the constituent councils when taken together.

(2)

If the GMCA appoint a committee to exercise any of the functions conferred by article 9(1) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2017, the GMCA must appoint such number of members of the councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside and Trafford, so that the members of the committee taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among these councils when taken together.

Independent remuneration panel

3B.
(1)

The GMCA may establish an independent remuneration panel who may make recommendations to the GMCA and to the constituent councils regarding the allowances payable to—

(a)

members appointed to the GMCA; and

(b)

the Mayor.

(2)

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

(a)

is also a member of the GMCA or is a member of a committee or sub-committee of the GMCA or a member of a constituent council of the GMCA; or

(b)

is disqualified from being or becoming a member of the GMCA.

(3)

The GMCA 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 GMCA may determine.

Remuneration

3C.
(1)

Save as provided for in sub-paragraphs (2) and (3)(a), no remuneration is to be payable by the GMCA to its members other than allowances for travel and subsistence.

(2)

The GMCA may only pay an allowance to the Mayor if the GMCA has considered recommendations made by the independent remuneration panel established under paragraph (3B) which contains recommendations for the payment of such an allowance.

(3)

Where the independent remuneration panel recommends the payment of an allowance—

(a)

the GMCA must pay an allowance not exceeding the allowance recommended by the independent remuneration panel to the Mayor; and

(b)

the constituent council may, in accordance with its own scheme of allowances, pay an allowance not exceeding the allowance recommended by the independent remuneration panel to an elected member of that council.”.

(4)

After paragraph (5) (standing orders) insert—

“Overview and scrutiny committees

5A.

The GMCA must ensure the appointment of an appropriate person (as defined by paragraph 3(5) of Schedule 5A to the 2009 Actf4) to be the chairman of any overview and scrutiny committee appointed by the GMCA or any sub-committee of such an overview and scrutiny committee.”.

(5)

Omit paragraph 6 (remuneration).

17Consequential provisionI1

(1)

Regulation 64 of the Local Government Pension Scheme Regulations 2013 (special circumstances where revised actuarial valuations and certificates must be obtained)f1 has effect in relation to the GMCA as though after paragraph (8) there were inserted—

“(8A)

Paragraph (8B) applies where the exiting employer is the Greater Manchester Waste Disposal Authority and the liabilities of the fund in respect of benefits due to the Greater Manchester Waste Disposal Authority’s current and former employees (or those of any predecessor authority) have been or are to be transferred to the Greater Manchester Combined Authority by virtue of this Order.

(8B)

Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.”.

(2)

For the purposes of section 104(1)(a) of the 2009 Act (constitution) section 84(2)(a) of the Local Transport Act 2008 (constitutional arrangements)f2 applies in relation to a committee or sub-committee of the GMCA as it applies to members of the GMCA.

Signature

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

Bourne of Aberystwyth

Parliamentary Under Secretary of State

Department for Communities and Local Government

26th April 2017

1F1

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

Explanatory note

(This note is not part of the Order)

This Order provides for the conferral of functions of local authorities and other public authorities on the Greater Manchester Combined Authority (“the GMCA”).

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 specified functions of a local authority under sections 104, 105 and 105A of the 2009 Act.

The Secretary of State may provide for there to be a mayor for the area of a combined authority where the constituent councils of the combined authority (each district council or county council whose area is within the area of the combined authority) and any existing combined authority consent under section 107B(3) of the 2009 Act.

Article 3 of the Order provides that the GMCA is to have in relation to its area functions corresponding to the functions that the Mayor of London has under the Localism Act 2011 in relation to Mayoral development areas and Mayoral development corporations. It also provides that any designation of a Mayoral development area by the GMCA requires the consent of all members of the GMCA who are elected members of a constituent council whose council area contains any part of the area to be designated as a mayoral development area.

Article 4 and the Schedule applies Chapter 2 of Part 8 (Mayoral development corporations) of, and Schedule 21 (Mayoral development corporations), Schedule 22 (Mayoral development corporations: consequential and other amendments), and paragraph 9 of Schedule 24 (transfers under scheme under section 200(1) or (4) or 216(1)) to, the Localism Act 2011 in relation to areas designated by the GMCA and corporations established as a consequence of such designation.

Articles 5and 6 apply sections 1 (disqualification and political restriction of certain officers and staff), 2 and 3A (politically restricted posts and exemptions from restriction) of the Local Government and Housing Act 1989 in relation to a Mayoral development corporation established as a consequence of this Order as if it were a local authority and section 5 of that Act (designation and reports of monitoring officer) as if a mayoral development corporation established as a consequence of this Order were a committee of the GMCA. Article 7 applies section 32 of the Local Government Act 2003 to ensure that a Minister of the Crown has power to pay a grant under section 31(1) of the Local Government Act 2003 towards expenditure incurred or to be incurred by a Corporation.

Part 3 of the Order confers further grant functions on the GMCA in relation to its area. Article 8 provides for the GMCA to pay a grant under section 31 of the Local Government Act 2003 to constituent councils, including in respect of their highways functions, which is exercisable concurrently with a Minister of the Crown.

Part 4 of the Order concerns the waste disposal functions of the combined authority. Article 9 dissolves the Greater Manchester Waste Disposal Authority and transfers its functions to the GMCA. Article 10 makes general adaptations to primary and subordinate legislation, so that references to the Greater Manchester Waste Disposal Authority, a waste disposal authority or area are to be treated as referring to the GMCA and extending to the areas of the metropolitan district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside and Trafford. Article 11 provides for continuity when functions, property, rights and liabilities are transferred under Part 4 of this Order.

Part 5 of the Order makes provision for the funding of the functions conferred on the GMCA. Article 12 provides that the functions are to be funded by contributions from the GMCA’s constituent councils.

Part 6 of the Order provides for miscellaneous matters. Article 13 provides data-sharing powers to the GMCA for the exercise of its functions. Article 14 provides for the Greater Manchester Passenger Transport Executive (Transport for Greater Manchester) to be treated as an officer of the GMCA for the purposes of arrangements made by the Mayor under section 107D(3)(b) of the 2009 Act to exercise any general function of the Mayor. Article15 sets out the functions of the GMCA which are to be only exercisable by the Mayor, including how general functions of the Mayor are to apply to the earn back provision in paragraph 17 of the Greater Manchester Agreement of 3rd November 2014, which is available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/369858/Greater_Manchester_Agreement_i.pdf.

Part 7 of the Order provides for amendments to the Greater Manchester Combined Authority Order 2011 which establishes the GMCA. Article 16 makes provision in the GMCA’s constitution relating to the GMCA’s voting arrangements, overview and scrutiny committee and other committees and remuneration. Article 17 modifies the Local Government Pension Scheme Regulations 2013 (S.I. 2013/2356) to prevent an exit payment from its pension fund being made on the abolition of the Greater Manchester Waste Disposal Authority, and applies section 84(2)(a) of the Local Transport Act 2008 to committees and sub-committees of the GMCA.

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.