OpenLegislation

The York and North Yorkshire Combined Authority Order 2023

S.I. 2023/1432 · Made 19 December 2023 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 22 July 2026.

Local Government, England

Transport, England

Police, England

Fire And Rescue Services, England

Made 19th December 2023

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—

  1. (a)

    the making of this Order is likely to improve the exercise of statutory functions in the area to which the Order relates; and

  2. (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 Repealed
  10. 7Conferral of functions corresponding to functions that the HCA has in relation to the Area Repealed
  11. 8Acquisition and appropriation of land for planning and public purposes Repealed
  12. 9Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act Repealed
  13. Part 4: Mayoral development corporation Repealed
  14. 10Mayoral development corporation Repealed
  15. 11Application of provisions in the 2011 Act Repealed
  16. 12Mayoral development corporation: incidental provisions Repealed
  17. Part 5: Transport
  18. 13Local Transport Repealed
  19. 14Agreements between authorities and strategic highways companies Repealed
  20. 15Civil enforcement of road traffic contraventions Repealed
  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 Repealed
  28. 23Amendment of the Sub-national Transport Body (Transport for the North) Regulations 2018
  29. Part 6: Additional functions
  30. 24Data sharing Repealed
  31. 25Assessment of economic conditions Repealed
  32. 26Incidental provisions
  33. Part 7: Mayoral functions
  34. 27Functions exercisable only by the Mayor
  35. 28Joint committees Repealed
  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. 7ARemuneration
  77. 7BRemuneration
  78. 8Records
  79. 9Standing orders
  80. Schedule 2 Repealed
  81. Part 1: Modification of the application of Part 1 of the 2008 Act Repealed
  82. 1Paragraph 1 Repealed
  83. Part 2: Modification of the application of Schedules 2 to 4 to the 2008 Act Repealed
  84. 2Paragraph 2 Repealed
  85. Schedule 3: Modification of the application of Part 8 of, and schedule 21 to the 2011 Act Repealed
  86. 1Paragraph 1 Repealed
  87. Schedule 4: Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004
  88. 1Paragraph 1
  89. Schedule 5: Modifications of police and crime commissioner enactments in their application to the Mayor
  90. Part 1: Primary legislation
  91. 1Police (Property) Act 1897
  92. 2Trustee Investments Act 1961
  93. 3Pensions (Increase) Act 1971
  94. 4Local Government (Miscellaneous Provisions) Act 1976
  95. 5Local Government, Planning and Land Act 1980
  96. 6Dartford-Thurrock Crossing Act 1988
  97. 7Local Government Finance Act 1988
  98. 8Road Traffic Act 1988
  99. 9Local Government and Housing Act 1989
  100. 10Police Act 1996
  101. 11Police Reform Act 2002
  102. 12Proceeds of Crime Act 2002
  103. 13Local Government Act 2003
  104. 14Railways and Transport Safety Act 2003
  105. 15Local Government and Public Involvement in Health Act 2007
  106. 16Local Democracy, Economic Development and Construction Act 2009
  107. 17Police Reform and Social Responsibility Act 2011
  108. 18Paragraph 18
  109. 19Paragraph 19
  110. 20Paragraph 20
  111. 21Paragraph 21
  112. 22Paragraph 22
  113. 23Paragraph 23
  114. 24Paragraph 24
  115. 25Paragraph 25
  116. 26Paragraph 26
  117. 27Paragraph 27
  118. 28Paragraph 28
  119. 29Paragraph 29
  120. 30Paragraph 30
  121. 31Paragraph 31
  122. 32Paragraph 32
  123. 33Paragraph 33
  124. 34Paragraph 34
  125. 35Paragraph 35
  126. 36Paragraph 36
  127. 37Local Audit and Accountability Act 2014
  128. Part 2: Secondary legislation
  129. 38Motor Vehicles (Third Party Risks) Regulations 1972
  130. 39Official Secrets Act 1989 (Prescription) Order 1990
  131. 40Police (Disposal of Sound Equipment) Regulations 1995
  132. 41Police (Property) Regulations 1997
  133. 42Health and Safety (Enforcing Authority) Regulations 1998
  134. 43Motor Vehicles (Driving Licences) Regulations 1999
  135. 44Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999
  136. 45Motor Vehicles (Access to Driver Licensing Records) Regulations 2001
  137. 46Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001
  138. 47Police Regulations 2003
  139. 48Docking of Working Dogs’ Tails (England) Regulations 2007
  140. 49REACH Enforcement Regulations 2008
  141. 50Elected Local Policing Bodies (Specified Information) Order 2011
  142. 51Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012
  143. 52Police Appeals Tribunals Rules 2012
  144. 53Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012
  145. 54Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012
  146. 55Local Government Pension Scheme Regulations 2013
  147. 56Local Audit (Auditor Resignation and Removal) Regulations 2014
  148. 57Combined Authorities (Mayors) (Filling of Vacancies) Order 2017
  149. 58Police Appeals Tribunals Rules 2020
  150. 59Policing Protocol Order 2023
  151. Schedule 6: Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions
  152. Part 1: Primary legislation
  153. 1Paragraph 1
  154. 2Paragraph 2
  155. 3Paragraph 3
  156. 4Paragraph 4
  157. 5Paragraph 5
  158. 6Paragraph 6
  159. 7Paragraph 7
  160. 8Paragraph 8
  161. 9Paragraph 9
  162. 10Paragraph 10
  163. 11Paragraph 11
  164. 12Paragraph 12
  165. 13Paragraph 13
  166. 14Paragraph 14
  167. 15Paragraph 15
  168. 16Paragraph 16
  169. 17Paragraph 17
  170. 18Paragraph 18
  171. 19Paragraph 19
  172. 20Paragraph 20
  173. 21Paragraph 21
  174. 22Paragraph 22
  175. 23Paragraph 23
  176. Part 2: Secondary legislation
  177. 24Paragraph 24
  178. 25Paragraph 25
  179. 26Paragraph 26 Repealed
  180. 27Paragraph 27
  181. 28Paragraph 28 Repealed
  182. 29Paragraph 29
  183. 30Paragraph 30
  184. 31Paragraph 31
  185. 32Paragraph 32 Repealed
  186. 33Paragraph 33 Repealed
  187. 34Paragraph 34 Repealed
  188. Schedule 7: Modification of enactments in their application to the Combined Authority as fire and rescue authority
  189. Part 1: Primary legislation
  190. 1Local Government Act 1972
  191. 2Local Government Finance Act 1988
  192. 3Local Government and Housing Act 1989
  193. 4Crime and Disorder Act 1998
  194. 5Local Government Act 2003
  195. 6Fire and Rescue Services Act 2004
  196. 7Local Democracy, Economic Development and Construction Act 2009
  197. 8Police Reform and Social Responsibility Act 2011
  198. Part 2: Secondary legislation
  199. 9Pipelines Safety Regulations 1996
  200. 10Local Government (Best Value Authorities) (Power to Trade) (England) Order 2009
  201. 11Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012
  202. 12Local Government Pension Scheme Regulations 2013
  203. 13Explosives Regulations 2014
  204. 14Control of Major Accident Hazards Regulations 2015
  205. 15Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017
  206. Explanatory note