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—

F1(a)

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(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)

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(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.

F5(4)

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F5(5)

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F5(6)

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F5(7)

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F5(8)

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F5(9)

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F5(10)

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F5(11)

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(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)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.

F8(14)

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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.