Search Legislation

The Greater Manchester Combined Authority Order 2011

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Article 4

SCHEDULE 1Constitution

This schedule has no associated Explanatory Memorandum

Membership

1.—(1) Each constituent council is to appoint one of its elected members to be a member of the GMCA.

(2) Each constituent council is to appoint another of its elected members to act as a member of the GMCA in the absence of the member appointed under sub-paragraph (1) (“the substitute member”).

(3) A person ceases to be a member or substitute member of the GMCA if they cease to be a member of the constituent council that appointed them.

(4) A person may resign as a member or substitute member of the GMCA by written notice served on the proper officer of the constituent council that appointed them and the resignation shall take effect on receipt of the notice by the proper officer.

(5) Where a member or substitute member’s appointment ceases by virtue of sub-paragraph (3) or (4) the constituent council that made the appointment must, as soon as practicable, give written notice of that fact to the GMCA and appoint another of its elected members in that person’s place.

(6) A constituent council may at any time terminate the appointment of a member or substitute member appointed by it to the GMCA and appoint another of its elected members in that person’s place.

(7) Where a constituent council exercises its power under sub-paragraph (6), it must give written notice of the new appointment and the termination of the previous appointment to the GMCA 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.

(8) For the purposes of this paragraph, an elected mayor of a constituent council is to be treated as a member of the constituent council.

Chair and vice-chair(s)

2.—(1) The GMCA—

(a)must in each year appoint a chair; and

(b)may appoint one or more vice-chairs

from among its members and the appointments are to be the first business transacted at the annual meeting of the GMCA.

(2) A person ceases to be chair or vice-chair of the GMCA if they cease to be a member of the GMCA.

(3) If a vacancy arises in the office of chair or vice chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the GMCA, or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.

Proceedings

3.—(1) Subject to sub-paragraphs (3) and (4), any questions that are to be decided by the GMCA are to be decided by a majority of the members and substitute members, acting in place of members, present and voting on that question at a meeting of the GMCA.

(2) Each member, or substitute member acting in that member’s place, is to have one vote and no member or substitute member is to have a casting vote.

(3) Questions relating to the following matters require at least 7 votes in favour to be carried—

(a)the adoption, approval, amendment, modification, revision, variation, withdrawal or revocation of a plan or strategy of the following descriptions—

(i)a sustainable community strategy under section 4 of the Local Government Act 2000(1),

(ii)a local transport plan under section 108(3) of the Transport Act 2000(2),

(iii)such other plans and strategies as may be determined by the GMCA and set out in its standing orders;

(b)the preparation of a local economic assessment under section 69 of the 2009 Act;

(c)the submission of a request under section 124 of the 2009 Act, a multi-area agreement under section 125 or 128 of that Act, or a revision proposal under section 132 of that Act;

(d)the approval of the budget of the GMCA;

(e)the approval of borrowing limits, the treasury management strategy and the investment strategy;

(f)the setting of a transport levy;

(g)the acceptance of arrangements to delegate the functions of any person to the GMCA;

(h)the amendment of the standing orders of the GMCA.

(4) Questions relating to road user charging require 10 votes in favour to be carried.

(5) The proceedings of the GMCA are not invalidated by any vacancy among its members or substitute members or by any defect in the appointment or qualifications of any member or substitute member.

Records

4.—(1) The GMCA must make arrangements for the names of members and substitute members present at any meeting to be recorded.

(2) Minutes of the proceedings of a meeting of the GMCA, or any committee or sub-committee of the GMCA are to be kept in such form as the GMCA may determine.

(3) Any such minutes are to be signed at the same or next suitable meeting of the GMCA by the person presiding at that meeting.

(4) Any minute purporting to be signed as mentioned in sub-paragraph (3) shall be received in evidence without further proof.

(5) Until the contrary is proved, a meeting of the GMCA 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.

(6) For the purposes of sub-paragraph (3) the next suitable meeting is the next following meeting or, where standing orders made by the GMCA provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.

Standing Orders

5.  The GMCA may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.

Remuneration

1.—(1) No remuneration is to be payable by the GMCA to its members, other than allowances for travel and subsistence paid in accordance with a scheme drawn up by the GMCA.

(2) A constituent council may, in accordance with its own scheme of allowances, pay a special responsibility allowance to any member appointed by it to the GMCA in respect of duties and responsibilities undertaken as a member of the GMCA.

(2)

2000 c. 38. Section 108(3) was amended by section 9(1) of the Local Transport Act 2008. A combined authority is a local transport authority for the purposes of section 108(3) by virtue of section 108(4)(ca), inserted by paragraphs 95 and 96 of schedule 6 to the 2009 Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources