http://www.legislation.gov.uk/id/uksi/2017/430

PART 1General

Citation and commencement1.

(1)

This Order may be cited as the Liverpool City Region Combined Authority (Functions and Amendment) Order 2017

(2)

Save as provided in paragraph (3) this Order comes into force on the day after the day on which it is made.

(3)

Articles 5, 10 to 17, 19, 20 and 21(2)(a) and (b) come into force on 8th May 2017.

Interpretation2.

In this Order—

“the 1984 Act” means the Road Traffic Regulation Act 19846;

“the 1988 Act” means the Road Traffic Act 19887;

“the 1989 Act” means the Local Government and Housing Act 19898;

“the 1990 Act” means the Town and Country Planning Act 19909;

“the 1999 Act” means the Greater London Authority Act 199910;

F1...

“the 2004 Act” means the Planning and Compulsory Purchase Act 200412;

F2...

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;

F3...

“the 1996 Regulations” means the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 199615;

“the 2008 Order” means the Town and Country Planning (Mayor of London) Order 200816;

“the 2014 Order” means the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 201417;

“the Area” means the area of the Combined Authority;

“constituent councils” means the district councils for the local government areas of Halton, Knowsley, Liverpool, St Helens, Sefton, and Wirral;

“the Combined Authority” means the Liverpool City Region Combined Authority, a body corporate established by the 2014 Order18;

F4...

F5...

F6...

“the Mayor” means the mayor for the Area20 except where the reference is to the Mayor of London.

PART 2Planning

Spatial development strategy3.

(1)

The Combined Authority shall have, in relation to the Area, functions corresponding to functions in the 1999 Act that the Mayor of London has in relation to Greater London, which are specified in the following provisions in the 1999 Act—

(a)

section 334 (the spatial development strategy);

(b)

section 335 (public participation)21;

(c)

section 336 (withdrawal);

(d)

section 337 (publication)22;

(e)

section 338 (examination in public)23;

(f)

section 339 (review of matters affecting the strategy);

(g)

section 340 (reviews of the strategy);

(h)

section 341 (alteration or replacement)24;

(i)

section 342 (matters to which the Mayor is to have regard);

(j)

section 346 (monitoring and data collection)25; and

(k)

section 348 (mayor’s functions as to planning around Greater London).

(2)

The exercise by the Combined Authority of the functions corresponding to the functions in sections 335 (public participation), 336 (withdrawal), 337 (publication) and 341 (alteration or replacement) of the 1999 Act 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.

Adaptation of enactments in consequence of article 34.

(1)

This article has effect in consequence of article 3(1).

(2)

Part 8 of the 1999 Act applies in relation to the preparation and publication of a spatial development strategy by the Combined Authority as it applies in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 1 of Schedule 1.

(3)

Sections 343 (regulations) and 420 of the 1999 Act (orders and regulations) apply in relation to the functions of the Secretary of State to make regulations by statutory instrument under section 343(1) with respect to all or any of the following —

(a)

the form and content of the spatial development strategy published by the Combined Authority;

(b)

the documents (if any) the Secretary of State requires to accompany the spatial development strategy published by the Combined Authority;

(c)

the procedure to be followed by the Combined Authority in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy, or in connection with any review under section 339 as modified by Part 1 of Schedule 1; and

(d)

the procedure to be followed at an examination in public examining matters affecting the consideration of the spatial development strategy,

as they apply in relation to the functions of the Secretary of State to make such regulations in relation to the spatial development strategy published by the Mayor of London.

(4)

Subject to paragraph (6) and to Schedule 1, in any enactment passed or made on or before 8th May 2017—

(a)

any reference to a spatial development strategy, or

(b)

any reference which falls to be read as a reference to a spatial development strategy,

is to be treated as including a reference to a strategy prepared and published in accordance with the function conferred by article 3(1).

F7(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Paragraph (4) does not apply to—

(a)

section 41 of the 1999 Act (general duties of the Mayor in relation to his strategies)27;

(b)

section 356A of the 1999 Act (London Waste and Recycling Board)28;

(c)

section 10 of the London Olympic Games and Paralympic Games Act 200629; and

(d)

the Town and Country Planning (London Spatial Development Strategy) Regulations 200030.

Planning applications of potential strategic importance5.

(1)

The Combined Authority shall have, in relation to the Area, functions corresponding to the following functions that the Mayor of London has in relation to Greater London—

(a)

section 2A of the 1990 Act (the Mayor of London: applications of potential strategic importance)31;

(b)

section 2B of the 1990 Act (section 2A: supplementary provisions)32;

(c)

section 2C of the 1990 Act (matters reserved for subsequent approval)33;

(d)

section 2E of the 1990 Act (section 2A and planning obligations under section 106)34;

(e)

section 2F of the 1990 Act (representation hearings)35;

(f)

section 74 of the 1990 Act (directions etc. as to method of dealing with applications)36;

(g)

the 2008 Order.

(2)

Sections 2A, 2B, 2C, 2D, 2E and 2F of the 1990 Act and the 2008 Order apply in relation to the consideration of applications of potential strategic importance by the Combined Authority as they apply in relation to the consideration of applications of potential strategic importance by the Mayor of London.

(3)

In section 2A(3)(a) of the 1990 Act as applied by paragraph (2) the references to “Greater London” are to be read as references to “the Area”.

(4)

The provisions in section 333 of the 1990 Act (orders and regulations) apply in relation to the power of the Secretary of State to make orders under sections 2A and 2F of that Act in relation to the Combined Authority, as it applies in relation to the power of the Secretary of State to make orders under sections 2A and 2F of that Act in relation to the Mayor of London 37.

(5)

The provisions in the 2008 Order apply in relation to the Combined Authority’s power to direct that applications for planning permission of potential strategic importance must be determined by the Combined Authority in place of the local planning authority as they apply in relation to the Mayor of London’s power to direct that applications for planning permission of potential strategic importance must be determined by the Mayor of London in place of the local planning authority.

(6)

The 2008 Order shall have effect as if—

(a)

for every reference to “the Mayor” there were substituted “the Combined Authority”;

(b)

article 3 were omitted;

(c)

in article 6—

(i)

every reference to “Greater London” is to be read as a reference to “the Area”,

(ii)

in paragraph (2)(a) for “the Greater London Authority” there were substituted “the Combined Authority”, and

(iii)

paragraph (2)(c) and (f) were omitted; and

(d)

for Parts 1, 2 and 3 of the Schedule to the 2008 Order there were substituted Parts 1, 2 and 3 in Schedule 2.

Conferral of functions corresponding to functions that the HCA has in relation to the Area6.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition and appropriation of land for planning and public purposes7.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Condition on the exercise of the functions conferred by articles 6(1) and 7(1)8.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of provisions of the 1990 Act and the 2008 Act9.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conferral of functions on the Combined Authority10.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of provisions in the 2011 Act11.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Incidental provisions12.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5Transport

Power to pay grantF1014.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreements between authorities and strategic highways companiesF1115.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Road safety16.

(1)

The functions of the constituent councils specified in section 39(2) and (3) of the 1988 Act (duties of local authorities to prepare and carry out a programme of measures designed to promote road safety, and carry out studies into accidents arising out of the use of vehicles on certain roads within their areas)59 are exercisable by the Combined Authority in relation to the Area.

(2)

The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.

Traffic regulation17.

(1)

The functions of the constituent councils as local traffic authorities specified in the following provisions of the 1984 Act are exercisable by the Combined Authority in relation to the Area—

(a)

section 1 (traffic regulation orders outside Greater London)60;

(b)

section 2(4) (what a traffic regulation order may provide)61; and

(c)

section 9 (experimental traffic schemes)62.

(2)

The functions specified in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.

(3)

Part 1 of, and Schedule 9 to, the 1984 Act apply in relation to the exercise by the Combined Authority of the functions specified in paragraph (1) as they apply in relation to the exercise by the constituent councils of those functions.

(4)

The 1996 Regulations apply in relation to orders made or proposed to be made by the Combined Authority in exercise of the functions specified in paragraph (1) as they apply in relation to orders made or proposed to be made by the constituent councils in exercise of those functions.

(5)

For the purposes of paragraph (4), references in the 1996 Regulations to an order making authority are to be read as including references to the Combined Authority.

(6)

In this article “local traffic authority” has the meaning given by section 121A63 of the 1984 Act.

PART 6Funding

Funding18.

(1)

Subject to the provisions in article 5 of the 2014 Order64 and paragraph (2), the constituent councils must ensure that any reasonably incurred costs of the Combined Authority are met 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 incurred by the Mayor in, or in connection with, the exercise of F12any mayoral function, 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 proportion to the total resident population of the Combined Authority which resides in the local government area of that council at the relevant date as estimated by the Statistics Board65.

(4)

In relation to the expenditure mentioned in paragraph (2)—

(a)

to the extent to which such expenditure is to be 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;

(b)

any precept issued in relation to such expenditure under regulations made under section 40 of the Local Government Finance Act 199266 is to be disregarded from any calculation of the costs of the expenditure.

F13(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

For the purposes of this article the relevant date in relation to a payment for a financial year is 30th June in the financial year which commenced two years prior to the financial year in which such payment is made.

PART 7Functions of the Combined Authority exercisable only by the Mayor; political advisers

General functions of the Combined Authority exercisable only by the Mayor19.

(1)

The following functions69 are general functions exercisable only by the Mayor70—

F14(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the functions of the Combined Authority corresponding to the functions specified in—

(i)

sections 2A, 2B, 2C, 2E, F152F and 74 F16... of the 1990 Act;

(ii)

sections 334 to 342 and 346 of the 1999 Act;

F17(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 Authority72.

(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.

F18(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(11)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)

For the purpose of the exercise of F19any mayoral function, the Mayor may do anything that the Combined Authority may do under section 113A of F20the 2009 Act (general power of EPB or combined authority)73.

(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.

F21(14)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Political advisers20.

(1)

The Mayor may appoint one person as the Mayor’s political adviser.

(2)

Any appointment under paragraph (1) is an appointment as an employee of the Combined Authority.

(3)

No appointment under paragraph (1) shall extend beyond—

(a)

the term of office for which the Mayor who made the appointment was elected; or

(b)

where the Mayor who appointed the political adviser ceases to be the Mayor before the end of the term of office for which the Mayor was elected, the date on which the Mayor ceases to hold that office.

(4)

A person appointed under paragraph (1) is to be regarded for the purposes of Part 1 of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under a local authority.

(5)

Subject to paragraph (6), section 9(1), (8), (9) and (11) of the 1989 Act74 (assistants for political groups), shall apply in relation to an appointment under paragraph (1) as if—

(a)

any appointment to that post were the appointment of a person in pursuance of that section; and

(b)

the Combined Authority were a relevant authority for the purposes of that section.

(6)

Subsection (3) of section 9 of the 1989 Act shall apply in relation to an appointment under paragraph (1) as if the words “and that the appointment terminates” to the end of that subsection were omitted.

PART 8Amendment of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014

Amendment of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 201421.

(1)

The 2014 Order is amended as follows—

(2)

Schedule 1 (constitution) is amended as follows—

(a)

paragraph 2 is omitted;

(b)

in paragraph 3—

(i)

for sub-paragraph (1) substitute—

“(1)
Subject to the following sub-paragraphs, any questions that are to be decided by the Combined Authority are to be decided by a majority of the members present and voting on that question at a meeting of the Combined Authority, such majority to include the Mayor, if the Mayor is in office, or the deputy Mayor acting in place of the Mayor, if the deputy Mayor is in office, and substitute members, acting in place of members.”;

(ii)

for sub-paragraph (3) substitute—

“(3)
Each member is to have one vote and no member is to have a casting vote.”;

(iii)

for sub-paragraph (5) substitute—

“(5)
A decision on a question relating to any of the matters specified in sub-paragraph (5A), where such a question does not relate to the exercise of a general function exercisable only by the Mayor in accordance with the provisions in article 20(1) of the Liverpool City Region Combined Authority (Functions and Amendment) Order 2017, 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, present and voting on that question to be carried at a meeting of the Combined Authority.”; and

(iv)

after sub-paragraph (5) insert—

“(5A)
The matters referred to in sub-paragraph (5) are—
(a)
the determination and review of any transitional arrangements on transport;
(b)
all matters relating to the constitution of the Combined Authority;
(c)
amendments to the standing orders of the Combined Authority;
(d)
all matters relating to the management, maintenance and funding of the Key Route Network of local roads which are to be maintained by the Combined Authority; and
(e)
such matters as may be determined by the Combined Authority and set out in its standing orders.”;

(v)

for sub-paragraph (8) substitute—

“(8)
The proceedings of the Combined Authority are not invalidated by any vacancy among its members or by any defect in the appointment or qualifications of any member.”;

(vi)

after sub-paragraph (9) insert—

“(10)
The provisions in this Schedule relating to the Mayor or deputy Mayor only have effect where the Mayor, or deputy Mayor, as the case may be, are in office.
(11)
In sub-paragraphs (3) and (8), 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 by the Local Enterprise Partnerships who has been given voting rights by resolution of the Combined Authority.”;

(c)

for paragraph 7 substitute—

“7.
(1)
Subject to sub-paragraph (3), no remuneration is to be payable by the Combined Authority to its members, other than allowances for travel and subsistence paid in accordance with a scheme drawn up by the Combined Authority.
(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 Combined Authority in respect of duties and responsibilities undertaken as a member of the Combined Authority.
(3)
The Combined Authority may only pay an allowance to the Mayor if—
(a)
the Combined Authority has considered a report published by an independent remuneration panel established by one or more of the constituent councils under regulation 20 of the Local Authorities (Members’ Allowances) (England) Regulations 200375 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 the independent remuneration panel.”.

Signed by authority of the Secretary of State for Communities and Local Government

Sajid Javid

Secretary of State

Department for Communities and Local Government

16th March 2017