The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017

General functions of the Combined Authority exercisable only by the MayorE+W

This section has no associated Explanatory Memorandum

19.—(1) The following functions(1) are general functions exercisable only by the Mayor(2)—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the functions of the Combined Authority corresponding to the functions specified in—

(i)sections 2A, 2B, 2C, 2E, [F22F and 74] F3... of the 1990 Act;

(ii)sections 334 to 342 and 346 of the 1999 Act;

F4(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)the 2008 Order.

(2) The exercise of the functions mentioned in paragraph (1)(b)(i) and (iv) by the Mayor requires the consent of the member of the Combined Authority appointed by the constituent council to whom the application for planning permission was made, or the substitute member acting in place of that member, to be provided at a meeting of the Combined Authority(3).

(3) The exercise of the functions in section 334 (the spatial development strategy), 335 (public participation), 336 (withdrawal), 337 (publication) and 341 (alteration or replacement) of the 1999 Act by the Mayor requires a unanimous vote in favour by all members of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members, to be carried at a meeting of the Combined Authority.

F5(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) For the purpose of the exercise of [F6any mayoral function], the Mayor may do anything that the Combined Authority may do under section 113A of [F7the 2009 Act] (general power of EPB or combined authority)(4).

(13) Anything which, immediately before 8th May 2017, is in the process of being done by or in relation to the Combined Authority or by or in relation to a constituent council for the purposes of or in connection with the functions mentioned in paragraph (1), is to be treated as having been done by or in relation to the Mayor.

F8(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1Art. 19 in force at 8.5.2017, see art. 1(3)

(1)

Section 107D(2) of the 2009 Act provides that in Part 6 of that Act references to “general functions”, in relation to a mayor for the area of a combined authority, are to any functions exercisable by the mayor other than PCC functions.

(2)

The Mayor for the area of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority was established by the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority (Election of Mayor) Order 2016 (S.I. 2016/782).

(3)

The constituent councils are local planning authorities for their areas. Section 1 of the 1990 Act provides that the council of a metropolitan district is the local planning authority for the district and the council of a London borough is the local planning authority for the borough. Section 2A(1) of the 1990 Act provides that where an application to which that section applies is made to a local planning authority, the Mayor of London may direct that he is to be the local planning authority for the purposes of determining the application.

(4)

Section 113A was inserted by section 13 of the 2011 Act and amended by section 23 of, and Schedule 25 to, the 2016 Act.