The Cambridgeshire and Peterborough Combined Authority Order 2017
The Secretary of State, having had regard to the scheme prepared and published under section 109 of the 2009 Act, considers that—
the making of this Order is likely to improve the exercise of statutory functions in the area to which this Order relates, and
the consultation required by section 110(2) of the 2009 Act has been carried out.
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:
PART 1General
Citation and commencement1.
(1)
This Order may be cited as the Cambridgeshire and Peterborough Combined Authority Order 2017.
(2)
Save as provided in paragraph (3), this Order comes into force on—
(a)
1st February 2017; or
(b)
if the Order is made on or after 1st February 2017, on the day after the day on which it is made.
(3)
Articles 7 and 12 come into force on 8th May 2017.
Interpretation2.
In this Order—
“Area” means the area consisting of the areas of the constituent councils;
“Combined Authority” means the Cambridgeshire and Peterborough Combined Authority as constituted by article 3;
“constituent councils” means the councils for the local government areas of Cambridge, Cambridgeshire, East Cambridgeshire, Fenland, Huntingdonshire, Peterborough and South Cambridgeshire;
“Mayor” means the mayor for the Combined Authority as provided for by article 5; and
“upper-tier authority” means Cambridgeshire County Council or Peterborough City Council.
PART 2Establishment of a combined authority for Cambridgeshire and Peterborough
Establishment3.
(1)
There is established as a body corporate a combined authority for the areas of the constituent councils.
(2)
The combined authority is to be known as the Cambridgeshire and Peterborough Combined Authority.
(3)
The functions of the combined authority are those functions conferred or imposed upon it by this Order or by any other enactment (whenever passed or made), or as may be delegated to it by or under this Order or any other enactment (whenever passed or made).
Constitution4.
The Schedule (which makes provision about the constitution of the Combined Authority) has effect.
Mayor5.
(1)
There is to be a mayor for the Area.
(2)
The first election for the return of a mayor is to take place on 4th May 2017.
(3)
Subsequent elections for the return of a mayor for the Area are to take place—
(a)
on the ordinary day of election in 2021, and
(b)
in every fourth year thereafter on the same day as the ordinary day of election.
(4)
The term of office of the mayor returned at an election for the return of a mayor for the Area—
(a)
begins with the fourth day after the day of the poll at the election for the return of a mayor for the Area, and
(b)
ends with the third day after the day of the poll at the next election for the return of a mayor for the Area.
(5)
Funding6.
(1)
The constituent councils must meet any reasonably incurred costs of the Combined Authority, other than the costs mentioned in paragraph (2), to the extent that the Combined Authority has not decided to meet these costs from other resources available to the Combined Authority.
(2)
Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably attributable to the exercise of the function specified in article 12(1) F1and the functions conferred on the Combined Authority by article 3 of the Cambridgeshire and Peterborough Combined Authority (Business Rate Supplements Functions) Order 2018, to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined Authority.
(3)
Any amount payable by each of the constituent councils to ensure that the costs of the Combined Authority 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 equal proportions.
(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 Combined Authority 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; and
(b)
PART 3Transport
Power to pay grant7.
(1)
The functions of a Minister of the Crown specified in section 31 of the 2003 Act (power to pay grant) are functions of the Combined Authority that are exercisable in relation to the Area.
(2)
These functions are exercisable—
(a)
concurrently with a Minister of the Crown; and
(b)
only for the purpose of paying grant to an upper-tier authority.
(3)
Paragraph (4) applies where, in exercising the functions referred to in paragraph (1), the Combined Authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by an upper-tier authority in relation to the exercise of its highway functions.
(4)
In determining that amount, the Combined Authority must have regard to the desirability of ensuring that the upper-tier authority has sufficient funds to facilitate the effective discharge of those functions.
(5)
To comply with paragraph (4), the Combined Authority must take into account—
(a)
any other sources of funding available to the upper-tier authority for expenditure incurred or to be incurred in relation to the exercise of its highway functions; and
(b)
the most recent determination by the Secretary of State of an amount of grant paid to the upper-tier authority for those purposes.
(6)
For the purposes of the exercise of the functions of the Combined Authority referred to in paragraph (1), section 31 of the 2003 Act has effect as if—
(a)
in subsection (1)—
(i)
the reference to a Minister of the Crown were a reference to the Combined Authority;
(ii)
the reference to a local authority in England were a reference to an upper-tier authority;
(b)
subsection (2) were omitted;
(c)
in subsections (3) and (4), the references to the person paying it (the grant) were references to the Combined Authority;
(d)
subsection (6) were omitted.
(7)
Local transport8.
The following functions are exercisable by the Combined Authority, instead of the upper-tier authorities, in relation to the Area—
(a)
(b)
Agreements between authorities9.
(1)
(2)
The functions of the upper-tier authorities as local highway authorities specified in the following provisions of the 1980 Act are exercisable by the Combined Authority in relation to the Area—
(a)
(b)
(c)
(d)
section 65 (cycle tracks);
(e)
(f)
section 68 (refuges);
(g)
(h)
section 70 (footbridges over highways);
(i)
(j)
(k)
section 75 (variation of widths of carriageways and footways);
(l)
section 76 (levelling of highways);
(m)
section 77 (alteration of levels);
(n)
section 78 (cutting off of corners);
(o)
(p)
(q)
section 81 (provision of highway boundary posts);
(r)
section 91 (construction of bridge to carry existing highway maintainable at public expense);
(s)
section 92 (reconstruction of bridge maintainable at public expense);
(t)
(u)
section 94 (powers of highway authorities and bridge owners to enter into agreements);
(v)
section 96 (powers of highway and local authorities to plant trees, lay out grass verges etc);
(w)
(x)
section 98 (delegation of lighting functions of highway authority);
(y)
section 99 (metalling of highways);
(z)
(aa)
section 101 (power to fill in roadside ditches etc).
(3)
The functions specified in paragraphs (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.
(4)
PART 4Additional functions
Economic development and regeneration functions
10.
The functions of the constituent councils specified in the following provisions are exercisable by the Combined Authority in relation to the Area—
(a)
(b)
General power of competence
11.
General functions of the Combined Authority exercisable only by the Mayor
12.
(1)
(2)
For the purposes of the exercise of the general function mentioned in paragraph (1)—
(a)
the Mayor must consult the Combined Authority before exercising the function; and
(b)
members and officers may assist the Mayor in the exercise of the function.
(3)
Subject to paragraphs (4) and (5), the Mayor may do anything that the Combined Authority may do under Chapter 1 of Part 1 of the 2011 Act (general powers of authorities).
(4)
Any exercise by the Mayor of the general power conferred by paragraph (3) which involves the transfer of property, rights and liabilities of the Combined Authority to or from any of the constituent authorities requires the consent of—
(a)
all members of the Combined Authority appointed by the constituent councils, or
(b)
substitute members acting in place of those members.
(5)
Any exercise by the Mayor of the general power conferred by paragraph (3) which involves the preparation and publication of a document including a statement formulating the Mayor’s strategy for spatial development in the Area requires the consent of—
(a)
all members of the Combined Authority appointed by the constituent councils, or
(b)
substitute members acting in place of those members.
(6)
For the purpose of paragraphs (4) and (5), the consent must be given at a meeting of the Combined Authority.
Incidental provisions
13.
The following provisions have effect in relation to the Combined Authority as if it were a local authority—
(a)
(b)
(c)
14.
(1)
(2)
For the purposes of paragraph (1), paragraphs (a) and (b) of section 88(1) of the Local Government Act 1985 have effect as if a reference to “that area” were a reference to the Area.
15.
(a)
“(i)
subject to subsection (4A), a committee appointed by the Cambridgeshire and Peterborough Combined Authority.”; and
(b)
“(4A)
A person who is a member of a committee falling within paragraph (i) of subsection (4) or a sub-committee appointed by such a committee shall for all purposes be treated as a non-voting member of that committee or sub-committee unless that person is a member of one of the constituent councils as defined by article 2 of the Cambridgeshire and Peterborough Combined Authority Order 2017.”
16.
“An employee of the Cambridgeshire and Peterborough Combined Authority established by the Cambridgeshire and Peterborough Combined Authority Order 2017
Cambridgeshire County Council.”
Signed by authority of the Secretary of State for Communities and Local Government
SCHEDULEConstitution
Membership
1.
(1)
Each constituent council must appoint one of its elected members to be a member of the Combined Authority.
(2)
Each constituent council must appoint another of its elected members to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (1) (“the substitute member”).
(3)
The Local Enterprise Partnership must nominate one of its members to be a member of the Combined Authority.
(4)
The Local Enterprise Partnership must nominate another of its members to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (3) (“the substitute member”).
(5)
The Combined Authority must appoint the member nominated by the Local Enterprise Partnership under sub-paragraph (3) as a member of the Combined Authority (“Local Enterprise Partnership Member”).
(6)
The Combined Authority must appoint the member nominated by the Local Enterprise Partnership under sub-paragraph (4) to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (5) (“the substitute member”).
(7)
A person ceases to be a member or substitute member of the Combined Authority if they cease to be a member of—
(a)
the constituent council that appointed them; or
(b)
the Local Enterprise Partnership that nominated them.
(8)
A person may resign as a member or substitute member of the Combined Authority by written notice served on the proper officer of the constituent council that appointed them or, as the case may be, the chair or vice-chair of the Local Enterprise Partnership that nominated them, and the resignation takes effect on receipt of the notice by the proper officer of the council or chair or vice-chair of the Local Enterprise Partnership (as the case may be).
(9)
Where a member or substitute member of the Combined Authority’s appointment ceases by virtue of sub-paragraph (7) or (8)—
(a)
the constituent council that made the appointment must, as soon as practicable, give written notice of that fact to the Combined Authority and appoint another of its elected members in that person’s place;
(b)
the Local Enterprise Partnership must, as soon as practicable, give written notice of that fact to the Combined Authority and nominate another of its members in that person’s place, such nomination to take effect from the date on which the written notice of nomination is received by the Combined Authority.
(10)
A constituent council may at any time terminate the appointment of a member or substitute member appointed by it to the Combined Authority and appoint another one of its elected members in that person’s place.
(11)
Where a constituent council exercises its power under sub-paragraph (10), it must give written notice of the new appointment and the termination of the previous appointment to the Combined Authority and the new appointment shall take effect and the previous appointment terminate at the end of 14 days beginning with the day after the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.
(12)
The Local Enterprise Partnership may at any time terminate the appointment of a Local Enterprise Partnership Member or substitute member nominated by it to the Combined Authority and nominate another of its members in that person’s place.
(13)
Where the Local Enterprise Partnership exercises its power under sub-paragraph (12), it must give written notice of the new nomination and the termination of the previous appointment to the Combined Authority.
(14)
The Combined Authority must appoint a Local Enterprise Partnership Member nominated under sub-paragraph (13) and the new appointment shall take effect and the previous appointment terminate at the end of one week beginning with that day after the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.
(15)
The Combined Authority must appoint a Local Enterprise Partnership Member nominated under sub-paragraph (9)(b) or sub-paragraph (13) at the next meeting of the Combined Authority.
Chair and vice-chair
2.
(1)
The Combined Authority must appoint a chair from among its constituent council members and the appointment is to be the first business transacted after the appointment of members of the Combined Authority, at the first meeting of the Combined Authority.
(2)
A person ceases to be chair of the Combined Authority if they cease to be a member of the Combined Authority.
(3)
If a vacancy arises in the office of chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the Combined Authority, or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.
(4)
3.
(1)
The Combined Authority must appoint a vice-chair from among its members and the appointment is to be the first business transacted after the appointment of members of the Combined Authority and the chair of the Combined Authority, at the first meeting of the Combined Authority.
(2)
A person ceases to be vice-chair of the Combined Authority if they cease to be a member of the Combined Authority.
(3)
If a vacancy arises in the office of vice-chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the Combined Authority, or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.
(4)
The vice-chair of the Combined Authority ceases to hold office on 8th May 2017.
(5)
The office of vice-chair of the Combined Authority is abolished with effect from 8th May 2017.
Proceedings
4.
(1)
Subject to the following sub-paragraphs, any question to be decided by the Combined Authority is to be decided by a majority of the members, and such majority is to include the Mayor, or the deputy Mayor acting in place of the Mayor, and substitute members, acting in place of members.
(2)
If the office of chair exists, no business is to be transacted at a meeting of the Combined Authority unless at least five members, including the chair or substitute members, appointed by the constituent councils are present at the meeting.
(3)
If the Mayor is in office, no business is to be transacted at a meeting of the Combined Authority unless at least five members are present at the meeting, and such members include—
(a)
the Mayor, or the deputy Mayor acting in place of the Mayor, and
(b)
at least four members appointed by the constituent councils, or substitute members.
(4)
Each member, or substitute member acting in that member’s place, is to have one vote and no member is to have a casting vote.
(5)
If a vote is tied on any matter it is deemed not to have been carried.
(6)
Members appointed from the Local Enterprise Partnership shall be non-voting members of the Combined Authority.
(7)
A decision on a question relating to the following matters requires a vote in favour at a meeting of the Combined Authority, at which all members of the Combined Authority are present, by a majority of at least two-thirds of all members appointed by the constituent councils to include the members appointed by the councils for the local government areas of Cambridgeshire and Peterborough, or substitute members acting in place of those members, present and voting on that question to be carried—
(a)
the transport plan; and
(b)
any spending plans or plans for the allocation of transport-related funding.
(8)
A decision to reject the mayoral budget, mayoral strategy or mayoral spending plan requires a vote in favour at a meeting of the Combined Authority, at which all members of the Combined Authority are present, by a majority of at least two-thirds of all members appointed by the constituent councils, or substitute members acting in place of those members, present and voting on that question to be carried.
(9)
The proceedings of the Combined Authority 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.
(10)
In sub-paragraph (4), the reference to a member includes—
(a)
the Mayor or the deputy Mayor acting in place of the Mayor;
(b)
a constituent member or a substitute member acting in that member’s place; and
(c)
a member appointed from the Local Enterprise Partnership who has been given voting rights by resolution of the Combined Authority.
(11)
The provisions in the Schedule relating to the Mayor or deputy Mayor only have effect where the Mayor, or deputy Mayor, as the case may be, is in office.
Overview and scrutiny committees
5.
(1)
The Combined Authority must appoint at least one member of each of the constituent councils to the overview and scrutiny committee appointed by the Combined Authority, 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 members of the constituent councils.
(2)
An overview and scrutiny committee appointed by the Combined Authority may not include any substitute member of the Combined Authority.
(3)
Records
6.
(1)
The Combined Authority 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 Combined Authority, or any committee or sub-committee of the Combined Authority, are to be kept in such form as the Combined Authority may determine.
(3)
Any such minutes are to be signed at the same or next suitable meeting of the Combined Authority, committee or sub-committee as the case may be, by the person presiding at that meeting.
(4)
Any minute purporting to be signed as mentioned in sub-paragraph (3) is to be received in evidence without further proof.
(5)
Until the contrary is proved, a meeting of the Combined Authority, committee or sub-committee, 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 meeting or, where standing orders made by the Combined Authority provide for another meeting of the authority, committee or sub-committee, to be regarded as suitable, either the next meeting or that other meeting.
Standing orders
7.
The Combined Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.
Remuneration
F28.
(1)
Save as provided for in sub-paragraphs (2) and (3), no remuneration is to be payable by the Combined Authority to its members or to members of a constituent council referred to in sub-paragraph (2)(b) and (c), other than allowances for travel and subsistence paid in accordance with a scheme drawn up by the Combined Authority.
(2)
The Combined Authority may pay an allowance to—
(a)
the Mayor;
(b)
a member of a constituent council who is appointed to an overview and scrutiny committee of the Combined Authority or to a sub-committee of that committee; or
(c)
a member of the Combined Authority or to a member of a constituent council who is appointed to the audit committee of the Combined Authority.
(3)
The Combined Authority may only pay an allowance under sub-paragraph (2) if—
(a)
the Combined Authority has considered a report published by an independent remuneration panel established in accordance with article 16 of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017 which contains recommendations for such an allowance; and
(b)
the allowance paid by the Combined Authority does not exceed the amount specified in the recommendation made by that panel.
This Order establishes the Cambridgeshire and Peterborough Combined Authority.
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 in their area.
The Secretary of State may only establish a combined authority for an area where a scheme for such an authority has been published under section 109 of the 2009 Act. This Order has been made following the publication of such a scheme on 6th May 2015 by the constituent councils whose areas together make up the combined area of the new authority. The scheme is available at: https://www.peterborough.gov.uk/upload/www.peterborough.gov.uk/council/strategies-polices-and-plans/Devolution-CambridgeshireAndPeterboroughAuthoritiesGovernanceReview-AppendixB-17June2016.pdf?inline=true
.
Part 2 of the Order establishes the new authority, to be known as the Cambridgeshire and Peterborough Combined Authority (“the Combined Authority”), and makes provision for its constitution and funding.
Article 4 of and the Schedule to the Order make provision for the constitution of the Combined Authority. This is supplemental to the provision that is made by Part 1A of Schedule 12 to the Local Government Act 1972 (see paragraph (6A) of that Schedule, as amended by the 2009 Act).
Article 5 of the Order creates the office of Mayor for the area of the Combined Authority. This article further specifies the term of office for the Mayor for the area of the Combined Authority, and the dates on which elections for the return of a Mayor shall take place and the intervals between elections.
Article 6 makes provision for the funding, by the constituent councils, of the costs of the Combined Authority and the elected Mayor.
Part 3 concerns the transport functions of the Combined Authority. Article 7 provides for the Combined Authority to pay grant to Cambridgeshire County Council and Peterborough City Council. Articles 8 to 10 provide for the exercise of specified transport functions by the Combined Authority.
Part 4 confers additional functions on the Combined Authority. Article 11 provides for the powers in sections 1 to 8 of the Localism Act 2011 (general powers of authorities) to have effect in relation to the Combined Authority as they have effect in relation to a local authority. Article 12 sets out the functions of the Combined Authority which are to be only exercisable by the Mayor. Articles 13 to 16 make some general, incidental provisions relating to the Combined Authority to enable it to carry out its functions effectively.
A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business or the voluntary sector.