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The York and North Yorkshire Combined Authority Order 2023

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The York and North Yorkshire Combined Authority Order 2023 No. 1432

Functions exercisable only by the Mayor

This section has no associated Explanatory Memorandum

27.—(1) The functions of the Combined Authority specified in paragraph (2) are general functions exercisable only by the Mayor.

(2) The functions referred to in paragraph (1) are the functions of the Combined Authority corresponding to the functions in the following enactments—

(a)section 17(3) of the 1985 Act;

(b)sections 108 (local transport plans), 109 (further provision about plans: England), 112 (plans and strategies: supplementary) and 154(1) (grants to bus service operators) of the 2000 Act;

(c)section 31 (power to pay grant) of the 2003 Act;

(d)section 9(2) of the 2008 Act;

(e)in relation to the functions conferred by article 30 of this Order, the BRS Act; and

(f)sections 197, 199, 200, 202, 204, 214 to 217 and 219 to 221 of, and paragraphs 1 to 4, 6 and 8 of Schedule 21 to, the 2011 Act.

(3) For the purposes of the exercise of the general functions(1) mentioned in paragraph (2), the members and officers of the Combined Authority may assist the Mayor in the exercise of the function.

(4) For the purposes of the exercise of the functions mentioned in paragraph (2), 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)(2).

(5) The Mayor must not make arrangements under section 107D(3)(b) of the 2009 Act (functions of mayors: general) in relation to the functions specified in paragraph (2)(e), in relation to a political adviser appointed under article 5.

(1)

“general functions” are defined at section 107D of the 2009 Act and are any functions exercisable by the mayor other than PCC functions.

(2)

Section 113A was inserted by section 13(1) of the 2011 Act and amended by paragraph 25 of Schedule 5 to the 2016 Act.

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