The York and North Yorkshire Combined Authority Order 2023
S.I. 2023/1432 · Made 19 December 2023 · Extends to England and Wales
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—
- (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
- Part 1: General
- 1Citation, commencement and extent
- 2Interpretation
- Part 2: Establishment of the Combined Authority and election of the Mayor
- 3Establishment
- 4Mayor
- 5Political adviser
- 6Constitution
- Part 3: Housing, regeneration and planning Repealed
- 7Conferral of functions corresponding to functions that the HCA has in relation to the Area Repealed
- 8Acquisition and appropriation of land for planning and public purposes Repealed
- 9Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act Repealed
- Part 4: Mayoral development corporation Repealed
- 10Mayoral development corporation Repealed
- 11Application of provisions in the 2011 Act Repealed
- 12Mayoral development corporation: incidental provisions Repealed
- Part 5: Transport
- 13Local Transport Repealed
- 14Agreements between authorities and strategic highways companies Repealed
- 15Civil enforcement of road traffic contraventions Repealed
- 16Grants to bus service operators
- 17Traffic regulation
- 18Transport functions related to traffic signs and pedestrian crossings
- 19Apparatus affected by highway, bridge or transport works
- 20Permit schemes
- 21Lane rental schemes
- 22Power to pay grant Repealed
- 23Amendment of the Sub-national Transport Body (Transport for the North) Regulations 2018
- Part 6: Additional functions
- 24Data sharing Repealed
- 25Assessment of economic conditions Repealed
- 26Incidental provisions
- Part 7: Mayoral functions
- 27Functions exercisable only by the Mayor
- 28Joint committees Repealed
- Part 8: Funding
- 29Funding
- 30Conferral of Business Rate Supplements functions
- 31Adaptation of BRS in consequence of article 30
- Part 9: Police and crime commissioner functions
- 32Police and crime commissioner functions
- 33Transfer of police and crime commissioner functions
- 34Transfer of property, rights and liabilities
- 35Secondments
- 36Continuity
- 37Foreign property etc, perfection of vesting
- 38Transfers: supplementary provision
- 39Extension of financial year of Police and Crime Commissioner and Chief Constable for North Yorkshire
- 40Modification to the Local Government Act 1972
- Part 10: Fire and rescue functions
- 41Transfer of functions of the North Yorkshire Police, Fire and Crime Commissioner Fire and Rescue Authority
- 42General functions of the Combined Authority exercisable only by the Mayor
- 43Arrangements for exercise of fire and rescue functions
- 44Members of fire committee
- 45Fire and rescue functions excluded from the power to make arrangements
- 46Police, Fire and Crime Panel: oversight functions in relation to fire and rescue functions
- 47Police, Fire and Crime Panel: scrutiny of the community risk management plan
- 48Notification of proposed allocation of budget for fire and rescue functions
- 49Police, Fire and Crime Panel review of proposed budget
- Transitional arrangements and asset transfers
- 50Transfer of property, rights and liabilities
- 51Secondments
- 52Continuity
- 53Transfers: supplementary provision
- 54Extension of financial year of fire and rescue authority
- 55Revocation
- Signature
- Schedule 1: Constitution
- 1Membership
- 2Chair and vice-chair
- 3Chair and vice-chair
- 4Proceedings
- 5Remuneration
- 6Remuneration
- 7Remuneration
- 7ARemuneration
- 7BRemuneration
- 8Records
- 9Standing orders
- Schedule 2 Repealed
- Part 1: Modification of the application of Part 1 of the 2008 Act Repealed
- 1Paragraph 1 Repealed
- Part 2: Modification of the application of Schedules 2 to 4 to the 2008 Act Repealed
- 2Paragraph 2 Repealed
- Schedule 3: Modification of the application of Part 8 of, and schedule 21 to the 2011 Act Repealed
- 1Paragraph 1 Repealed
- Schedule 4: Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004
- 1Paragraph 1
- Schedule 5: Modifications of police and crime commissioner enactments in their application to the Mayor
- Part 1: Primary legislation
- 1Police (Property) Act 1897
- 2Trustee Investments Act 1961
- 3Pensions (Increase) Act 1971
- 4Local Government (Miscellaneous Provisions) Act 1976
- 5Local Government, Planning and Land Act 1980
- 6Dartford-Thurrock Crossing Act 1988
- 7Local Government Finance Act 1988
- 8Road Traffic Act 1988
- 9Local Government and Housing Act 1989
- 10Police Act 1996
- 11Police Reform Act 2002
- 12Proceeds of Crime Act 2002
- 13Local Government Act 2003
- 14Railways and Transport Safety Act 2003
- 15Local Government and Public Involvement in Health Act 2007
- 16Local Democracy, Economic Development and Construction Act 2009
- 17Police Reform and Social Responsibility Act 2011
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Local Audit and Accountability Act 2014
- Part 2: Secondary legislation
- 38Motor Vehicles (Third Party Risks) Regulations 1972
- 39Official Secrets Act 1989 (Prescription) Order 1990
- 40Police (Disposal of Sound Equipment) Regulations 1995
- 41Police (Property) Regulations 1997
- 42Health and Safety (Enforcing Authority) Regulations 1998
- 43Motor Vehicles (Driving Licences) Regulations 1999
- 44Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999
- 45Motor Vehicles (Access to Driver Licensing Records) Regulations 2001
- 46Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001
- 47Police Regulations 2003
- 48Docking of Working Dogs’ Tails (England) Regulations 2007
- 49REACH Enforcement Regulations 2008
- 50Elected Local Policing Bodies (Specified Information) Order 2011
- 51Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012
- 52Police Appeals Tribunals Rules 2012
- 53Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012
- 54Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012
- 55Local Government Pension Scheme Regulations 2013
- 56Local Audit (Auditor Resignation and Removal) Regulations 2014
- 57Combined Authorities (Mayors) (Filling of Vacancies) Order 2017
- 58Police Appeals Tribunals Rules 2020
- 59Policing Protocol Order 2023
- Schedule 6: Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions
- Part 1: Primary legislation
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Part 2: Secondary legislation
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26 Repealed
- 27Paragraph 27
- 28Paragraph 28 Repealed
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- Schedule 7: Modification of enactments in their application to the Combined Authority as fire and rescue authority
- Part 1: Primary legislation
- 1Local Government Act 1972
- 2Local Government Finance Act 1988
- 3Local Government and Housing Act 1989
- 4Crime and Disorder Act 1998
- 5Local Government Act 2003
- 6Fire and Rescue Services Act 2004
- 7Local Democracy, Economic Development and Construction Act 2009
- 8Police Reform and Social Responsibility Act 2011
- Part 2: Secondary legislation
- 9Pipelines Safety Regulations 1996
- 10Local Government (Best Value Authorities) (Power to Trade) (England) Order 2009
- 11Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012
- 12Local Government Pension Scheme Regulations 2013
- 13Explosives Regulations 2014
- 14Control of Major Accident Hazards Regulations 2015
- 15Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017
- Explanatory note