The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021

Statutory Instruments

2021 No. 112

Local Government, England

Transport, England

Education, England

Police, England And Wales

The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021

Made

29th January 2021

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104(1), 105(1) and (3), 105A(1), (2), (3) and (7), 107A, 107D(1), (5), (7) and (8), 107E(1) to (4), 107F(1), (5) and (6), 114(1) and (3), 115, 116 and 117(1A) and (5) of, and paragraph 3 of Schedule 5B and Schedule 5C to, the Local Democracy, Economic Development and Construction Act 2009 M1 (“the 2009 Act”).

The Secretary of State, having had regard to a scheme prepared and published under section 112 of the 2009 Act M2 , considers that—

(a)

the making of this Order is likely to improve the exercise of statutory functions in the area to which the Order relates, and;

(b)

any consultation required by section 113(2) of the 2009 Act M3 has been carried out.

In making this Order, the Secretary of State has had regard to the need to reflect the identities and interests of local communities and the need to secure effective and convenient local government M4 .

In accordance with sections 105(3A) and 105B(1) and (2) of the 2009 Act, the West Yorkshire Combined Authority (“the Combined Authority”) and the councils whose areas are comprised in the area of the Combined Authority have consented to the making of this Order M5 .

In accordance with sections 107D(9) and 107F(4) of the 2009 Act the Combined Authority, and the councils whose areas are comprised in the area of the Combined Authority have consented to the making of this Order.

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:

Modifications etc. (not altering text)

C1 Order continued (temp.) (25.3.2026) by The Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026 (S.I. 2026/169), reg. 1(3), Sch. 1

Marginal Citations

M1 2009 c. 20. Section 104 was amended by sections 8 and 14 of, and Schedule 5 to, the Cities and Local Government Devolution Act 2016 (c.1) (“the 2016 Act”). Section 105 was amended by sections 6, 9, and 14 of the 2016 Act. Section 105A was inserted by section 7 of the 2016 Act. Sections 107D and 107E were inserted by section 4 of the 2016 Act. Section 114 was amended by Schedule 5 to the 2016 Act. Section 117 was amended by section 13(2) of the Localism Act 2011 (c. 20) and Schedule 5 to the 2016 Act.

M2 Section 112 was amended by sections 6 and 23 of, and paragraphs 17 and 23 of Schedule 5 to, the 2016 Act.

M3 Section 113 was amended by sections 12, 14 and 23 of, and paragraph 24 of Schedule 5 to, the 2016 Act.

M4 Section 113(3) of the 2009 Act requires the Secretary of State, when making an order under sections 104, 105, 106 or 107 of the 2009 Act in relation to an existing combined authority, to have regard to these matters.

M5 This Order relates to the West Yorkshire Combined Authority, which was established by the West Yorkshire Combined Authority Order (S.I. 2014/864).

PART 1 E+W General

Citation, commencement and application E+W

1.—(1) This Order may be cited as the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021.

(2) Save as provided in paragraphs (3) and (4) this Order comes into force on the day after the day on which it is made.

(3) Articles 4 and 27 come into force on the fourth day after the day of the election for the return of the Mayor.

(4) Articles 34(1), 35, 36, 37 and 38 come into force on 10th May 2021.

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Art. 1(5) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(2)(a)

F2 Art. 1(6) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(2)(a)

Commencement Information

I1 Art. 1 in force at 30.1.2021, see art. 1(2)

Interpretation E+W

2.  In this Order—

“the 1984 Act” means the Road Traffic Regulation Act 1984 M6 ;

F3 ...

“the 1989 Act” means the Local Government and Housing Act 1989 M7 ;

F4 ...

F5 ...

F6 ...

F7 ...

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009 M8 ;

F8 ...

“the BRS Act” means the Business Rate Supplements Act 2009 M9 ;

“the 1996 Regulations” means the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 M10 ;

“the 2014 Order” means the West Yorkshire Combined Authority Order 2014 M11 ;

F9 ...

F10 ...

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

“the Combined Authority” means the West Yorkshire Combined Authority;

F11 ...

“constituent councils” means the metropolitan district councils for the local government areas of Bradford, Calderdale, Kirklees, Leeds and Wakefield;

“the deputy mayor for policing and crime” means the deputy mayor for policing and crime for the Area;

“election for the return of the mayor” means an election held pursuant to article 3 of this Order;

“the ordinary day of election”, in relation to any year means the day which is the ordinary day of election in that year of councillors for counties in England and districts as determined in accordance with sections 37 and 37A of the Representation of the People Act 1983 M12 .

“Mayor” means the mayor for the Area, except in the term “Mayor of London”;

“non-constituent council” means the council for the local government area of York;

“the police and crime commissioner” means the police and crime commissioner for West Yorkshire;

“the PCC component” means the component of the precept under section 40 of the Local Government Finance Act 1992 M13 (as modified by the Combined Authorities (Finance) Order 2017) M14 in respect of the Mayor's PCC functions M15 ; and

“the PCC component council tax requirement” means the component of the council tax requirement calculated under section 42A of the Local Government Finance Act 1992 (as modified by the Combined Authorities (Finance) Order 2017) in respect of the Mayor's PCC functions.

Textual Amendments

F3 Words in art. 2 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(2)(b)(i)

F4 Words in art. 2 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(2)(b)(ii)

F5 Words in art. 2 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(2)(b)(iii)

F6 Words in art. 2 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(2)(b)(iv)

F7 Words in art. 2 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(2)(b)(v)

F8 Words in art. 2 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(2)(b)(vi)

F9 Words in art. 2 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(2)(b)(vii)

F10 Words in art. 2 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(2)(b)(viii)

F11 Words in art. 2 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(2)(b)(ix)

Commencement Information

I2 Art. 2 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M6 1984 c. 27.

M7 1989 c. 42.

M8 2009 c. 20.

M9 2009 c. 7.

M10 S.I. 1996/2489 amended in relation to England by S.I. 2009/1116.

M11 S.I. 2014/864.

M12 1983 c. 2.

M13 1992 c. 14. Section 42A was inserted by section 75 of the Localism Act 2011 (c. 20) and amended by article 3 of S.I. 2014/389. Section 107G of the Local Government and Devolution Act 2016 (c.1) provides that, wherever a mayor exercises policing and crime commissioner functions, there must be a separate component of the council tax requirement in respect of the mayor's PCC functions.

M14 S.I. 2017/611.

M15 “PCC functions” is defined in section 107F(3) of the Local Democracy, Economic Development and Construction Act 2009 (c. 20).

PART 2 E+W Election of Mayor

Election of Mayor E+W

3.—(1) There is to be a mayor for the Area.

(2) The first election for the return of a mayor for the Area is to take place on 6th May 2021.

(3) Subsequent elections for the return of a mayor for the Area shall take place—

(a) on the ordinary day of election in 2024, 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.

Commencement Information

I3 Art. 3 in force at 30.1.2021, see art. 1(2)

Political adviser E+W

4.—(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) may extend beyond—

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

(b) where the Mayor who made the appointment 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) Section 9(1), (8), (9) and (11) of the 1989 Act (assistants for political groups) M16 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 applies in relation to an appointment under paragraph (1) as if the words from “and that the appointment terminates” to the end of that subsection were omitted.

Commencement Information

I4 Art. 4 in force at 10.5.2021, see art. 1(3)

Marginal Citations

M16 Section 9 was amended by sections 61 and 204 of, and paragraph 2 of Schedule 2 to, the Local Government and Public Involvement in Health Act 2007 and by S.I. 2001/2237. There are other amendments not relevant to this Order.

PART 3 E+W Education, skills and training functions

Concurrent exercise of local authority functions E+W

5.—(1) The functions of the constituent councils described in the provisions set out in paragraph (2), are exercisable by the Combined Authority in relation to the Area.

(2) The provisions referred to in paragraph (1) are—

(a) section 51A of the Further and Higher Education Act 1992 (duty to provide for named individuals) M17 ;

(b) section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential) M18 ;

(c) section 560A of the Education Act 1996 (work experience for persons over compulsory school age) M19 ;

(d) section 10 of the Education and Skills Act 2008 (local authority to promote fulfilment of duty imposed by section 2) M20 ;

(e) section 12 of the Education and Skills Act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2) M21 ;

(f) section 68 of the Education and Skills Act 2008 (support services: provision by local authorities) M22 ;

(g) section 70 of the Education and Skills Act 2008 (local authorities: supplementary powers) M23 ;

(h) section 71 of the Education and Skills Act 2008 (provision of support on conditional basis: learning and support agreements) M24 ; and

(i) section 85 of the Education and Skills Act 2008 (co-operation as regards provision of 14–19 education and training) M25 .

(3) The functions are exercisable concurrently with the constituent councils.

(4) Any requirement in any enactment for a constituent council to exercise any of the functions referred to in paragraph (1) may be fulfilled by the exercise of that function by the Combined Authority.

(5) The provisions referred to in paragraph (1) apply to the Combined Authority as they apply to a constituent council.

(6) Section 10 of the Children Act 2004 M26 (co-operation to improve well-being) applies to the Combined Authority as it applies to a constituent council for the purposes of the provision of 14-19 education or training in the Area within the meaning of section 85(5) of the Education and Skills Act 2008.

Commencement Information

I5 Art. 5 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M17 Section 51A was inserted by section 44 of the Apprenticeships, Skills, Children and Learning Act 2009 and was amended by S.I. 2010/1158.

M18 1996 c. 56. Section 13A was inserted by section 59 of, and paragraph 3 of Schedule 2 to, the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and amended by section 82 of, and paragraph 4 of Schedule 3 to, the Children and Families Act 2014 (c. 6) and by S.I. 2010/1158.

M19 Section 560A was inserted by section 47 of the Apprenticeships, Skills, Children and Learning Act 2009.

M20 Section 10 was amended by S.I. 2010/1158.

M21 Section 12 was amended by S.I. 2010/1158.

M22 Section 68 was amended by section 28 of the Education Act 2011 (c. 21) and by S.I. 2010/1158

M23 Section 70 was amended by section 28 of the Education Act 2011 and by S.I. 2010/1158.

M24 Section 71 was amended by section 28 of the Education Act 2011.

M25 Section 85 was amended by S.I. 2010/1158.

M26 2004 c. 31. Section 10 was amended by section 39 of and paragraph 4 of Schedule 3 to the Offender Management Act 2007 (c. 21), section 169 of and paragraphs 82 and 83 of Part 2 of Schedule 1 to the Education and Skills Act 2008, section 193 and 266 of and Part 5 of Schedule 16 to the Apprenticeships, Skills, Children and Learning Act 2009, section 99 of and paragraphs 330 and 331 of Part 3 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13), section 67 of and paragraph 23 of Schedule 16 to the Education Act 2011 (c. 21), section 55 of and paragraphs 127 and 128 of Schedule 5 to the Health and Social Care Act 2012 (c. 7), section 82 of and paragraph 80 of Part 2 of Schedule 3 to the Children and Families Act 2014 (c. 6), and by S.I. 2010/1158.

Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area E+W

F12 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Art. 6 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(3)(a)

Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area E+W

F13 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Art. 7 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(3)(b)

Conditions on the exercise of functions mentioned in articles 6 and 7 E+W

F14 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Art. 8 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(3)(c)

Modification of provisions in the Apprenticeships, Skills, Children and Learning Act 2009 E+W

F15 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Art. 9 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(3)(d)

F16 PART 4 E+W Housing, regeneration and planning

Textual Amendments

F16 Pt. 4 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(4)

Conferral of functions corresponding to functions that the HCA has in relation to the Area E+W

10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition and appropriation of land for planning and public purposes E+W

11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Condition on the exercise of the functions conferred by articles 10 and 11 E+W

12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act E+W

13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 PART 5 E+W Mayoral development corporation

Textual Amendments

F17 Pt. 5 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(5)

Mayoral development corporation E+W

14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of provisions in the 2011 Act E+W

15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mayoral development corporation: incidental provisions E+W

16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 E+W Transport

Power to pay grant E+W

F18 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Art. 17 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(6)(a)

Grants to bus service operators E+W

18.—(1) Subject to paragraphs (2) to (4), the Combined Authority shall have in relation to the Area a function corresponding to the function in section 154(1) of the Transport Act 2000 M27 (grants to bus service operators) which the Secretary of State has in relation to England.

(2) For the purpose of paragraph (1), section 154(1) of the Transport Act 2000 shall have effect as if “with the approval of the Treasury” were omitted.

(3) Grants made under paragraph (1) must be—

(a) calculated in accordance with such method as may be provided by any regulations made by the Secretary of State by virtue of section 154(2) of the Transport Act 2000; and

(b) subject to sub-paragraph (a), of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by the Secretary of State by virtue of section 154(3) of the Transport Act 2000 and notified to the Combined Authority.

(4) Grants must not be made under paragraph (1) to the extent that eligible bus services operate outside the Area.

(5) In this article, “eligible bus services” has the meaning given by section 154(5) of the Transport Act 2000.

Commencement Information

I6 Art. 18 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M27 2000 c. 38.

Agreements between authorities and strategic highways companies E+W

F19 19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Art. 19 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(6)(b)

Traffic regulation E+W

20.—(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) M28 ;

(b) section 2(4) (what a traffic regulation order may provide) M29 ;

(c) section 9 (experimental traffic orders) M30 ;

(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 121A M31 of the 1984 Act.

(7) Any exercise of the functions conferred by paragraph (1) requires the consent of each member of the Combined Authority appointed by a constituent council pursuant to paragraph 1(2) of Schedule 1 to the 2014 Order or the substitute member acting in their place.

Commencement Information

I7 Art. 20 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M28 Section 1 was amended by paragraph 17 of Schedule 8 to the New Roads and Street Works Act 1991, paragraph 36 of Schedule 22 to the Environment Act 1995 (c. 25), paragraph 7 of Schedule 11 to the Transport Act 2000, section 45 of the Local Transport Act 2008, and paragraph 71 of Schedule 1 to the Infrastructure Act 2015.

M29 Subsection (4) was amended by paragraph 18 of Schedule 8 to the New Roads and Street Works Act 1991.

M30 Section 9 was amended by paragraph 23 of Schedule 8 to the New Roads and Street Works Act 1991, paragraph 24 of Schedule 4 to the Road Traffic Act 1991 (c. 40), paragraph 4 of the Local Government Act 1985 (c. 51), and paragraph 74 of Schedule 1 to the Infrastructure Act 2015.

M31 Section 121A was inserted by paragraph 70 of Schedule 8 to the New Roads and Street Works Act 1991 (c. 22). It was subsequently amended by section 271 of the 1999 Act, paragraph 95 of Schedule 1 to the Infrastructure Act 2015, and S.I. 1999/1820 and S.I. 2001/1400.

Transport functions related to traffic signs and pedestrian crossings E+W

21.—(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 23 (pedestrian crossings); and

(b) section 65 (placing of traffic signs).

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

(3) In consequence of subparagraphs (a) and (b) of paragraph (1), the Combined Authority, in the discharge of the functions conferred on it by those provisions—

(a) is to be treated as a highway authority for the purposes of sections 62 and 278 of the Highways Act 1980 M32 ; and

(b) is to be treated as a local traffic authority for the roads over which the functions are exercised.

(4) In this article “local traffic authority” has the meaning given by section 121A M33 of the 1984 Act.

(5) Any exercise of the functions conferred by paragraph (1) requires the consent of each member of the Combined Authority appointed by a constituent council pursuant to paragraph 1(2) of Schedule 1 to the 2014 Order or the substitute member acting in their place.

Commencement Information

I8 Art. 21 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M32 1980 c. 66; section 62 was amended by the Transport Act 1981 (c. 56), Schedule 10, paragraph 1, by the Traffic Calming Act 1992 (c. 30) section 1(1), 3 and by the Local Government Act 1985 (c. 51) Schedule 17; section 278 was substituted by the New Roads and Street Works Act 1991 section 23.

M33 Section 121A was inserted by paragraph 70 of Schedule 8 to the New Roads and Street Works Act 1991 (c. 22). It was subsequently amended by section 271 of the 1999 Act, paragraph 95 of Schedule 1 to the Infrastructure Act 2015, and S.I. 1999/1820 and S.I. 2001/1400.

Apparatus affected by highway, bridge or transport works E+W

22.—(1) The functions of the constituent councils as highway authorities specified in the following enactments are exercisable by the Combined Authority in relation to the Area—

(a) sections 83, 84 and 85 of the New Roads and Street Works Act 1991 M34 (“the 1991 Act”); and

(b) the 2000 Regulations.

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

(3) The 2000 Regulations apply in relation to the sharing of costs of diversionary works between the Combined Authority and undertakers as they apply in relation to the sharing of costs of diversionary works between a constituent council and undertakers.

(4) For the purposes of paragraph (3), references in the 2000 Regulations to an authority are to be read as including references to the Combined Authority.

(5) In this article—

(a) “the 2000 Regulations” means the Street Works (Sharing of Costs of Works) (England) Regulations 2000 M35 ;

(b) “undertaker” has the same meaning as in sections 48(4) and (5) (streets, street works and undertakers) and 89(4) (public sewers, sewer authorities and related matters) of the 1991 Act M36 ; and

(c) “diversionary works” has the meaning given by regulation 2(1) of the 2000 Regulations.

(6) Any exercise of the functions conferred by paragraph (1) requires the consent of each member of the Combined Authority appointed by a constituent council pursuant to paragraph 1(2) of Schedule 1 to the 2014 Order or the substitute member acting in their place.

Commencement Information

I9 Art. 22 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M34 1991 c. 22. Section 83 was amended by section 40 of, and Schedule 1 to the Traffic Management Act 2004 (c. 18).

M35 S.I. 2000/3314.

M36 Section 48 was amended by section 124 of the Local Transport Act 2008 (c. 26) and section 89 was amended by Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and section 57 of the Traffic Management Act 2004 (c. 18).

Permit schemes E+W

23.—(1) The functions of the constituent councils as local highway authorities specified in the following provisions of the Traffic Management Act 2004 M37 (“the 2004 Act”) are exercisable by the Combined Authority in relation to the Area—

(a) section 33 (preparation of permit schemes) M38 ;

(b) section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England) M39 ; and

(c) section 36 (variation and revocation of permit schemes) M40 .

(2) The functions of the constituent councils as permit authorities specified in the 2007 Regulations are exercisable by the Combined Authority in relation to the Area.

(3) The functions mentioned in paragraph (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.

(4) Part 3 of the 2004 Act (permit schemes) applies in relation to the preparation, implementation, variation and revocation of permit schemes by the Combined Authority as it applies in relation to the preparation, implementation, variation and revocation of permit schemes by a constituent council, subject to the modifications in Schedule 4.

(5) The 2007 Regulations apply in relation to the content, preparation, operation, variation and revocation of permit schemes by the Combined Authority as they apply in relation to the content, preparation, operation, variation and revocation of permit schemes by a constituent council.

(6) For the purposes of paragraph (5), references in the 2007 Regulations to a Permit Authority are to be read as including references to the Combined Authority.

(7) In this article—

(a) “permit scheme” is to be construed in accordance with section 32 of the 2004 Act; and

(b) “the 2007 Regulations” means the Traffic Management Permit Scheme (England) Regulations 2007 M41 .

(8) Any exercise of the functions conferred by paragraphs (1) and (2) requires the consent of each member of the Combined Authority appointed by a constituent council pursuant to paragraph 1(2) of Schedule 1 to the 2014 Order or the substitute member acting in their place.

Commencement Information

I10 Art. 23 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M37 2004 c. 18.

M38 Section 33 was amended by section 51 of, and Schedule 10 to, the Deregulation Act 2015 (c. 20).

M39 Section 33A was inserted by section 51 of, and Schedule 10 to, the Deregulation Act 2015.

M40 Section 36 was substituted by section 51 of, and Schedule 10 to, the Deregulation Act 2015.

M41 S.I. 2007/3372, amended by S.I. 2015/958.

Bus lane contraventions E+W

F20 24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Art. 24 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(6)(c)

F21 PART 7 E+W Additional functions

Textual Amendments

F21 Pt. 7 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(7)

Assessment of economic conditions E+W

25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Data sharing E+W

26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 8 E+W Mayoral functions

Functions exercisable only by the Mayor E+W

27.—(1) The functions of the Combined Authority specified in paragraph (2) are general functions exercisable only by the Mayor.

(2) The functions referred to in paragraph (1) are the functions of the Combined Authority corresponding to the functions in the following enactments—

F22 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) [F23 section] 154(1) (grants to bus service operators) of the Transport Act 2000 M42 ;

F24 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) For the purposes of the exercise of [F26 any mayoral function,] the Mayor may do anything that the Combined Authority may do under section 113A of the 2009 Act (general power of EPB or combined authority).

Textual Amendments

F22 Art. 27(2)(a) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(8)(a)(i)(aa)

F23 Word in art. 27(2)(b) substituted (4.6.2026) by The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(8)(a)(i)(bb)

F24 Art. 27(2)(c)-(e) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(8)(a)(i)(cc)

F25 Art. 27(3)-(9) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(8)(a)(ii)

F26 Words in art. 27(10) substituted (4.6.2026) by The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(8)(a)(iii)

Commencement Information

I11 Art. 27 in force at 10.5.2021, see art. 1(3)

Marginal Citations

M42 2000 c .38. Section 108 was amended by section 3 of and paragraph 2 of the Schedule to the Transport (Wales) Act 2006 (c. 5); sections 7 to 9, 77 and 131 of and paragraphs 41 and 42 of Schedule 4 to and Part 1 of Schedule 7 to the Local Transport Act 2008; and by section 119 and paragraph 96 of Schedule 6 to the 2009 Act. Section 109 was amended by section 3 of and paragraph 3 of the Schedule to the Transport (Wales) Act 2006, section 9 of the Local Transport Act 2000, and by section 119 of and paragraph 97 of Schedule 6 to the 2009 Act. Section 112 was amended by sections 10, 11 and 131 of and Part 1 of Schedule 7 to the Local Transport Act 2008, and by section 222 of and paragraph 48 of Schedule 26 to the Equality Act 2010.

Joint committees E+W

F27 28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Art. 28 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(8)(b)

PART 9 E+W Funding

Funding E+W

29.—(1) Subject to [F28 paragraph (2)], the constituent councils must ensure that the costs of the Combined Authority reasonably attributable to the exercise of its functions are met.

(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 [F29 any 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 accordance with the proportion of the total resident population of the Combined Authority which resides in the area of each constituent council at the relevant date as estimated by the Statistics Board.

(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) any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992 M43 is to be disregarded from any calculation of the costs of the expenditure.

F30 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of paragraph (3) 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.

Textual Amendments

F28 Words in art. 29(1) substituted (4.6.2026) by The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(9)(a)(i)

F29 Words in art. 29(2) substituted (4.6.2026) by The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(9)(a)(ii)

F30 Art. 29(5) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(9)(a)(iii)

Commencement Information

I12 Art. 29 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M43 1992. c. 14.

Transitional provision E+W

30.—(1) This article applies in relation to—

(a) a billing authority whose area is within the Area; and

(b) the financial year commencing on 1st April 2021 (“the relevant year”).

(2) The costs of the Mayor that are incurred in, or in connection with, the exercise of mayoral functions in the relevant year shall be met in the case of the Mayor's PCC functions, from precepts issued by the Police and Crime Commissioner for West Yorkshire under section 40 (issue of precepts by major precepting authorities) of the Local Government Finance Act 1992 M44 .

(3) A billing authority that has been issued with a precept by the Police and Crime Commissioner for West Yorkshire in respect of the relevant year must, on and after 10th May 2021, pay to the Mayor out of its collection fund the amounts owing in respect of that precept in accordance with the Local Authorities (Funds) (England) Regulations 1992 M45 .

(4) In this article—

“billing authority” has the same meaning as in section 1(2) of the Local Government Finance Act 1992 M46 ; and

“collection fund” means the fund required to be established and maintained by a billing authority in accordance with section 89(1) of the Local Government Finance Act 1988 M47 .

Commencement Information

I13 Art. 30 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M44 1992 c. 14.

M45 S.I. 1992/2428.

M46 1992 c. 14.

M47 1988 c. 41.

Conferral of Business Rate Supplements functions E+W

31.—(1) The Combined Authority has, in relation to the Area, functions corresponding to the functions conferred on the Greater London Authority in relation to Greater London by the BRS Act.

(2) Paragraph (1) does not apply in relation to the function conferred by section 3(5) of the BRS Act.

Commencement Information

I14 Art. 31 in force at 30.1.2021, see art. 1(2)

32.—(1) The functions of the Combined Authority specified in article 31 are exercisable only by the Mayor.

F31 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Mayor must not make arrangements under section 107D(3)(b) of the 2009 Act (functions of mayors: general) in relation to the functions specified in paragraph (1), in relation to a political adviser appointed under article 4 of this Order.

Textual Amendments

F31 Art. 32(2) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(9)(b)

F32 Art. 32(3) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(9)(b)

Commencement Information

I15 Art. 32 in force at 30.1.2021, see art. 1(2)

Adaptation of BRS in consequence of article 31 E+W

33.  For the purposes of article 31, the BRS Act applies to the Combined Authority as if —

(a) references to the Greater London Authority in section 2(1) (levying authorities) and in section 5(2) (prospectus) of the BRS Act included references to the Combined Authority.

(b) references in that Act to a lower-tier authority were, in relation to the Combined Authority, references to a district council whose area forms part of the Area.

Commencement Information

I16 Art. 33 in force at 30.1.2021, see art. 1(2)

PART 10 E+W Police and Crime Commissioner functions

Police and Crime Commissioner functions E+W

34.—(1) The Mayor shall exercise functions of a police and crime commissioner in relation to the Area.

(2) There is to be no police and crime commissioner for the Area from 10th May 2021.

(3) Any election of a police and crime commissioner for the Area that would otherwise take place (whether before, on, or after 10th May 2021) by virtue of section 50(1)(b) of the Police Reform and Social Responsibility Act 2011 M48 is not to take place.

(4) The term of office of the police and crime commissioner for West Yorkshire is to continue until 10th May 2021.

(5) Any election to fill a vacancy in the office of police and crime commissioner for West Yorkshire which would otherwise take place under section 51 of the Police Reform and Social Responsibility Act 2011 is not to take place if the vacancy occurs within the period starting on the day on which this article comes into force and ending on 10th May 2021.

(6) For the purpose of this Part “the 2011 Act” means the Police Reform and Social Responsibility Act 2011 M49 .

Commencement Information

I17 Art. 34(1) in force at 10.5.2021, see art. 1(4)

I18 Art. 34(2)-(6) in force at 30.1.2021, see art. 1(2)

Marginal Citations

M48 2011 c. 13.

M49 2011 c. 13.

Transfer of police and crime commissioner functions E+W

35.—(1) Subject to paragraphs (2) and (3), the Mayor is to be treated, in relation to the Mayor's PCC functions, as a police and crime commissioner for the purposes of all police and crime commissioner enactments (whenever passed or made) M50 .

(2) In their application to the Mayor, the police and crime commissioner enactments set out in Schedule 5 apply with the modifications set out in that Schedule.

(3) Paragraph (1) does not apply to those enactments set out in Schedule 6.

Commencement Information

I19 Art. 35 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M50 The definition of “police and crime commissioner enactment” is at paragraph 12(5) of Schedule 5C to the 2009 Act.

Transfer of property, rights and liabilities E+W

36.—(1) All property, rights and liabilities (including rights and liabilities in relation to contracts of employment) which immediately before 10th May 2021 were property, rights and liabilities of the police and crime commissioner are to transfer to, and by virtue of this paragraph vest in, the Combined Authority on 10th May 2021.

(2) In relation to the property, rights and liabilities transferred by paragraph (1) and any property, rights and liabilities acquired in relation to the Mayor's PCC functions on or after 10th May 2021—

(a) all functions in relation to such property, rights and liabilities are to be exercised by the Mayor;

(b) all decisions relating to such property, rights and liabilities are to be made by the Mayor;

(c) any receipts arising from such property, rights and liabilities (whether arising from their use, sale, disposal or otherwise) are to be paid into the police fund kept by the Mayor by virtue of section 21 of the 2011 Act.

(3) All monies held in the police fund kept by the police and crime commissioner under section 21 of the 2011 Act immediately before 10th May 2021 are, on that date, to transfer to the police fund kept by the Mayor by virtue of that section (as applied in accordance with article 35).

(4) Nothing in paragraph (2) prevents the Mayor from making arrangements under section 18 M51 of the 2011 Act (as applied in accordance with article 35) in relation to the matters mentioned in paragraph (2).

Commencement Information

I20 Art. 36 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M51 2011 c. 13. Section 18 makes provision to permit (with certain restrictions) the delegation of functions by a police and crime commissioner to the deputy police and crime commissioner and to other persons. Section 18 has been amended by section 79 of, and paragraph 53 of Schedule 7 to, the Localism Act 2011 (c. 20); and by section 45 of, and paragraph 116 of Schedule 12 to, the Local Audit and Accountability Act 2014 (c. 2).

Secondments E+W

37.  In the case of a person who, immediately before 10th May 2021 is seconded to the police and crime commissioner, the secondment is to have effect, after that time, as a secondment to the Combined Authority.

Commencement Information

I21 Art. 37 in force at 10.5.2021, see art. 1(4)

Continuity E+W

38.—(1) The abolition of the police and crime commissioner, the transfer or abolition of the commissioner's functions, and the transfer of the commissioner's property, rights and liabilities, do not affect the validity of anything done before the abolition or transfer.

(2) Paragraphs (3) to (5) apply where any functions, property, rights or liabilities are transferred by or under this Order from the commissioner to the Combined Authority.

(3) There may be continued by or in relation to the Combined Authority anything (including legal proceedings) which—

(a) relates to any of the functions, property, rights or liabilities transferred; and

(b) is in the process of being done by or in relation to the commissioner immediately before 10th May 2021.

(4) Anything which—

(a) was made or done by or in relation to the commissioner for the purposes of, or otherwise in connection with, any of the functions, property, rights or liabilities transferred; and

(b) is in effect immediately before 10th May 2021,

has effect as if made or done by or in relation to the Combined Authority.

(5) The Combined Authority is to be substituted for the commissioner in any instruments, contracts or legal proceedings which—

(a) relate to any of the functions, property, rights or liabilities transferred; and

(b) are made or commenced before 10th May 2021.

(6) In this paragraph a reference to the transfer of a function includes a reference to the abolition of the function and the conferral of a corresponding function on another person.

Commencement Information

I22 Art. 38 in force at 10.5.2021, see art. 1(4)

Foreign property etc, perfection of vesting E+W

39.—(1) Subsections (2) to (8) of section 414 of the Greater London Authority Act 1999 M52 (foreign property, rights and liabilities: perfection of vesting) apply to the transfer by this Order of any foreign property, rights or liabilities.

(2) In the application of those provisions by virtue of paragraph (1)—

(a) references to a transfer or pension instrument have effect as references to the transfer by or under this Order; and

(b) references to the transferor and the transferee are to be construed accordingly.

Commencement Information

I23 Art. 39 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M52 1999 c. 29.

Transfers: supplementary provision E+W

40.—(1) All property, rights and liabilities transferred by this Order are to be transferred, notwithstanding that they may be or include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred; or

(b) rights and liabilities under enactments.

(2) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this Order (whether or not any consent required to the transfer has been obtained).

(3) No right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document, is to operate or become exercisable or be contravened, by reason of the transfer made by this Order.

(4) Paragraphs (1) to (3) above have effect in relation to—

(a) the grant or creation of an estate or interest in, or right over, any land or other property; or

(b) the doing of any other thing in relation to land or other property,

as they have effect in relation to the transfer made by this Order of land or other property.

(5) In this article—

“relevant document” means—

(a)

any enactment, other than an enactment contained in the 2009 Act;

(b)

any subordinate legislation made otherwise than under that Act; or

(c)

any deed or other instrument.

Commencement Information

I24 Art. 40 in force at 30.1.2021, see art. 1(2)

Extension of financial year of Police and Crime Commissioner and Chief Constable for West Yorkshire E+W

41.—(1) The requirement in section 3(3) of the Local Audit and Accountability Act 2014 M53 for a relevant authority to prepare a statement of accounts for each financial year ending on 31st March is modified in the case of the police and crime commissioner and chief constable for the financial year which began on 1st April 2020 to require—

(a) the police and crime commissioner, or after the transfer made by this Order, the Combined Authority in respect of the police and crime commissioner's accounts; and

(b) the chief constable;

to prepare a statement of accounts from that date for the period which ends on 9th May 2021.

(2) The requirement in regulation 15(1)(a) of the Accounts and Audit Regulations 2015 M54 (“the Regulations”) concerning the commencement of the period for the exercise of public rights under regulation 9(1)(b) of the Regulations, is modified in the case of the police and crime commissioner and the chief constable for the financial year which began on 1st April 2020 so as to require the relevant responsible financial officer to ensure that the commencement of the period for the exercise of public rights takes place on such a day that ensures that the period referred to in regulation 14(1) of the Regulations begins on 19th July 2021.

(3) In this article—

“the chief constable” means the chief constable of the police force for West Yorkshire;

“the relevant responsible financial officer” means—

(a)

in relation to the police and crime commissioner, the responsible financial officer for the Combined Authority; and

(b)

in relation to the chief constable, the responsible financial officer for the police force for West Yorkshire;

“responsible financial officer” has the same meaning as in regulation 2(2) of the Regulations.

Commencement Information

I25 Art. 41 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M53 2014 c. 2.

M54 S.I. 2015/234.

Modifications to the Local Government Act 1972 E+W

42.—(1) Section 86 of the Local Government Act 1972 M55 applies in relation to the Mayor with the following modification.

(2) After section 86(1)(c), insert—

“or

(d) ceases to be the Mayor by virtue of section 63 of the 2011 Act;”.

Commencement Information

I26 Art. 42 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M55 1972 c. 70. Section 86(2) was amended by section 59 of, and paragraph 6(1) and (7)(d) of Schedule 13 to the Deregulation Act 2015 (c. 20). There are other amendments, but none is relevant.

PART 11 E+W Amendment of the 2014 Order

Amendment of the 2014 Order E+W

43.  Article 5 of the 2014 Order is omitted.

Commencement Information

I27 Art. 43 in force at 30.1.2021, see art. 1(2)

44.  For Schedule 1 to the 2014 Order substitute the Schedule in Schedule 7 to this Order.

Commencement Information

I28 Art. 44 in force at 30.1.2021, see art. 1(2)

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

Luke Hall

Minister of State

Ministry of Housing, Communities and Local Government

Article 9

F33 SCHEDULE 1 E+W Modification of provisions of the Apprenticeships, Skills, Children and Learning Act 2009 in their application to the Combined Authority

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

Textual Amendments

F33 Sch. 1 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(10)

Article 13

F34 SCHEDULE 2 E+W

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

Textual Amendments

F34 Sch. 2 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(11)

Article 15

F35 SCHEDULE 3 E+W Modification of the application of Part 8 of the 2011 Act

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

Textual Amendments

F35 Sch. 3 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 32(12)

Article 23

SCHEDULE 4 E+W Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004

1.—(1) Part 3 of the Traffic Management Act 2004 is modified as follows. E+W

(2) Section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England) has effect as if—

(a) subsection (1) were omitted;

(b) for subsection (2) there were substituted—

“(2) A permit scheme prepared in accordance with section 33(1) or (2) by the Combined Authority shall not have effect in the combined area unless the Combined Authority gives effect to it by order.”; and

(c) subsection (3) were omitted.

(3) Section 36 (variation and revocation of permit schemes) has effect as if, for subsections (1) to (3) there were substituted—

“(1) The Combined Authority may by order vary or revoke a permit scheme to the extent that it has effect in the combined area by virtue of an order made by the Combined Authority under section 33A(2).

(2) The Secretary of State may direct the Combined Authority to vary or revoke a permit scheme by an order under subsection (1).

(3) An order made by the Combined Authority under subsection (1) may vary or revoke an order made by the Combined Authority under section 33A(2), or an order previously made by the Combined Authority under subsection (1).”.

Commencement Information

I29 Sch. 4 para. 1 in force at 30.1.2021, see art. 1(2)

Article 35(2)

SCHEDULE 5 E+W Modifications of police and crime commissioner enactments in their application to the Mayor

PART 1 E+W Primary legislation

Police (Property) Act 1897 E+W

1.—(1) The Police (Property) Act 1897 M56 is modified as follows.

(2) In section 2(2A), for the last reference to “relevant body” substitute “ Combined Authority ”.

Commencement Information

I30 Sch. 5 para. 1 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M56 1897 c. 30. Section 2(2A) was inserted by section 1(2) and (3) of the Police (Property) Act 1997 (c. 30).

Trustee Investments Act 1961 E+W

2.—(1) The Trustee Investments Act 1961 M57 is modified as follows.

(2) In paragraph 9 of Part 2 of Schedule 1, for “similar officer of the authority” substitute “ similar officer of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor ”.

Commencement Information

I31 Sch. 5 para. 2 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M57 1961 c. 62.

Pensions (Increase) Act 1971 E+W

3.—(1) The Pensions (Increase) Act 1971 M58 is modified as follows.

(2) In paragraph 51(aa) of Schedule 2, for “a police and crime commissioner” substitute “ the police and crime commissioner for West Yorkshire or of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ”.

Commencement Information

I32 Sch. 5 para. 3 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M58 1971 c. 56. Paragraph 51(aa) was inserted by section 99 of, and paragraph 97 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

Local Government (Miscellaneous Provisions) Act 1976 E+W

4.—(1) The Local Government (Miscellaneous Provisions) Act 1976 M59 is modified as follows.

(2) In section 29(1) M60 , for “or transferred to the authority”, substitute “ to the Mayor, or transferred to the Combined Authority in relation to the Mayor's PCC functions ”.

(3) In section 30(3)(a) M61 , for “maintained by a local authority”, substitute “ maintained by the Mayor of the Combined Authority ”.

(4) In section 44(1), in paragraph (a) M62 of the definition of “local authority”, for “13 to 16, 29, 30, 38, 39 and 41” substitute “ 13, 14, 16, 29 and 38 ”.

Commencement Information

I33 Sch. 5 para. 4 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M59 1976 c. 57.

M60 Section 29(1) was amended by section 190 of, and paragraph 14 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

M61 Section 30(3)(a) was inserted by paragraph 126 of Schedule 16 to the Police Reform and Social Responsibility Act (c. 13).

M62 Section 44(1) was amended by section 119 of, and paragraph 43(a) of Schedule 6 to, the Local Democracy, Economic Development and Construction Act 2009 (c. 20); and section 99 of, and paragraph 127 of Schedule 16, to the Police Reform and Social Responsibility Act 2011; there are other amendments to this section, but none is relevant.

Local Government, Planning and Land Act 1980 E+W

5.—(1) The Local Government, Planning and Land Act 1980 M63 is modified as follows.

(2) In section 99—

(a) after subsection (2), insert—

“(2A) Where a notice under subsection (1) is received by the Combined Authority and it relates to land used wholly or partly in relation to the Mayor's PCC functions, the Mayor is to make any representations (referred to in subsection (2)) on behalf of the Combined Authority to the Secretary of State.”;

(b) in subsection (4)—

(i) in paragraph (dbzb) after “that Act”, insert “ or (as the case may be) the Mayor ”M64 ;

(ii) omit paragraph (dc) M65 .

Commencement Information

I34 Sch. 5 para. 5 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M63 1980 c. 65.

M64 Section 99(4)(dbzb) was inserted by paragraph 51 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20).

M65 Section 99(4)(dc) was substituted by section 99 of, and paragraph 141 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

Dartford-Thurrock Crossing Act 1988 E+W

6.—(1) The Dartford-Thurrock Crossing Act 1988 M66 is modified as follows.

(2) In section 19(a)(i), for “a local policing body” substitute “ the Combined Authority for use in relation to the exercise of the Mayor's PCC functions ”.

Commencement Information

I35 Sch. 5 para. 6 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M66 1988 c. 20; section 19(a)(i) was substituted by section 99 of, and paragraph 177 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011. There are other amendments to section 19(a) that are not relevant to this Order.

Local Government Finance Act 1988 E+W

7.—(1) The Local Government Finance Act 1988 M67 is modified as follows.

(2) In section 114 M68 —

(a) for subsection (4)(b)(i) substitute—

“(i) a report relating to the Mayor's PCC functions, each member of the Combined Authority (including the Mayor) and each member of the police and crime panel for the Mayor's area;”;

(b) in subsection (8A)(b) M69 , for “relevant authority”, substitute “ Mayor ”.

(3) In section 115—

(a) in subsection (1B) M70 for “of an elected local policing body, that body”, substitute “ of the Combined Authority in relation to the Mayor's PCC functions, the Mayor (“the body”) ”;

(b) in subsection (1F)(b), for “elected local policing body's” substitute “Combined Authority's”;

(c) in subsection (2) M71 , for “any authority other than an elected local policing body”, substitute “ any report other than one relating to the Mayor's PCC functions ”.

(4) For section 116(2B) M72 , substitute—

“(2B) In the case of the Mayor, the chief finance officer of the Combined Authority must notify the auditor of the Combined Authority of any decision taken by the Mayor in accordance with section 115.”.

Commencement Information

I36 Sch. 5 para. 7 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M67 1988 c. 41.

M68 Section 114(4)(b) was inserted by section 99 of, and paragraph 188(5) and of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M69 Subsection (8A)(b) was inserted by section 99 of, and paragraph 188(6) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M70 Subsections (1B) to (1F) were inserted by section 99 of, and paragraph 189(2) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M71 Subsection (2) was amended by section 99 of, and paragraph 189(3) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M72 Subsection (2B) was amended by section 99 of, and paragraph 190(3) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

Road Traffic Act 1988 E+W

8.—(1) The Road Traffic Act 1988 M73 is modified as follows.

(2) In section 144(2)(b)—

(a) for “a local policing body” substitute “ the Combined Authority for use in relation to the Mayor's PCC functions ”;

(b) for “a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011)” substitute “ the Combined Authority's staff deployed wholly or partly in relation to the Mayor's PCC functions ”.

Commencement Information

I37 Sch. 5 para. 8 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M73 1988 c. 52; section 144(2)(b) was amended by section 99 of, and paragraph 197(3)(a) and (b) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011. There are other amendments to the section, but none is relevant.

Local Government and Housing Act 1989 E+W

9.—(1) The Local Government and Housing Act 1989 M74 is modified as follows.

(2) In section 1—

(a) in subsection (9) M75 , for “an elected local policing body” substitute “ the Combined Authority deployed predominantly in relation to the Mayor's PCC functions ”;

(b) in subsection (10) M76 , for “an elected local policing body does not include a deputy police and crime commissioner” substitute “ the Combined Authority deployed predominantly in relation to the Mayor's PCC functions does not include the deputy mayor for policing and crime ”.

(3) In section 4—

(a) omit subsections (1) and (1A) M77 ;

(b) for subsection (4) M78 substitute—

“(4) It shall be the duty of the head of the Combined Authority's paid service, as soon as practicable after he has prepared a report relating to the Mayor's PCC functions under this section, to arrange for a copy of it to be sent to the members of the Combined Authority (including the Mayor) and to the police and crime panel.”;

(c) in subsection (5) M79 , omit “(other than an elected local policing body)”;

(d) in subsection (5A) M80 , for “by the head of the body's paid service” substitute “ that relates to the Mayor's PCC functions ”.

(4) In section 5—

(a) omit subsection (1C) M81 ;

(b) for subsection (3)(b)(a) M82 , substitute—

“(a) in the case of a report relating to the Mayor's PCC functions, to the members of the Combined Authority (including the Mayor) and to the police and crime panel; and”;

(c) in subsection (5)—

(i) for “a relevant authority” substitute “ the Mayor ”;

(ii) in paragraph (a) M83 —

(aa) in sub-paragraph (i), omit “in the case of an elected local policing body”;

(bb) omit sub-paragraph (ii);

(d) in subsection (8) M84 , in the definition of “relevant authority” omit “an elected local policing body”.

(5) Omit section 7(1)(aa) M85 .

(6) Omit section 13(5ZA) M86 .

Commencement Information

I38 Sch. 5 para. 9 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M74 1989 c. 42.

M75 Subsection (9) was inserted by section 99 of, and paragraph 200 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011; and was amended by section 123 of the Policing and Crime Act 2017 (c. 3).

M76 Subsection (10) was inserted by section 123 of the Policing and Crime Act 2017

M77 Subsection (1A) was inserted by section 99 of, and paragraph 201(2) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M78 Subsection (4) was inserted by section 99 of, and paragraph 201(3) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M79 Subsection (5) was inserted by section 99 of, and paragraph 201(4) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M80 Subsection (5A) was inserted by section 99 of, and paragraph 201(5) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M81 Subsection (1C) was inserted by section 99 of, and paragraph 202(3) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M82 Subsection (3)(b)(a) was inserted by section 99 of, and paragraph 202(4) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M83 Subsection (5)(a) was inserted by section 99 of, and paragraph 202(5) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M84 Subsection (8) was amended by section 99 of, and paragraph 202(6)(b) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011. There are other amendments to the section, but none is relevant.

M85 Section 7(1)(aa) was inserted by section 99 of, and paragraph 203(b) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M86 Section 13(5ZA) was inserted by section 7 of the Policing and Crime Act 2017 (c. 3).

Police Act 1996 E+W

10.—(1) The Police Act 1996 M87 is modified as follows.

(2) In section 22A(9)(a) M88 , for “that body” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ”.

(3) In section 41 M89 —

(a) in subsection (1), for “commissioner's council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act)” substitute “ PCC component council tax requirement ”;

(b) in subsection (4), for “precept issued or calculation made by the commissioner under Part 1 of the Local Government Finance Act 1992”, substitute “ determination by the Mayor of the final amount of the PCC component ”.

(4) In section 53E M90 —

(a) in subsection (1)(a), for “a local policing body” substitute “ the Combined Authority and are deployed wholly or partly in relation to the Mayor's PCC functions ”;

(b) in subsection (1)(b), for “the body” substitute “ the Combined Authority ”.

(5) In section 88 M91 —

(a) in subsection (5A) M92 , for the first reference to “local policing body” substitute “ Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ”;

(b) in subsection (6)(a) M93 , for “local policing body” substitute “ Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ”.

(6) In section 92(1) M94 , for “parish or community” substitute “ parish, community, or Combined Authority ”.

(7) In section 96(1B) M95 , for “precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992” substitute “ PCC component is determined by the Mayor ”.

Commencement Information

I39 Sch. 5 para. 10 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M87 1996 c.16.

M88 Section 22A was inserted by section 89(2) of the Police Reform and Social Responsibility Act 2011 (c. 13).

M89 Section 41 was amended by paragraph 28 of Schedule 2 to the Police and Justice Act 2006 (c. 48); section 22 of the Police Reform and Social Responsibility Act 2011; and by paragraph 33 of Schedule 7 to the Localism Act 2011 (c. 20).

M90 Section 53E was inserted by section 125 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

M91 Section 88 was amended by paragraph 85 of Schedule 9 to the Police Act 1997 (c. 50); sections 102(1) and (4) and 103(1) of the Police Reform Act 2002; paragraph 80(3) of Schedule 4 and paragraph 1 of Schedule 17, to the Serious Organised Crime and Police Act 2005 (c. 15); paragraph 42 of Schedule 16 to the Police Reform and Social Responsibility Act 2011; by S.I. 2012/1809, and by paragraph 45 of Schedule 8 to the Crime and Courts Act 2013 (c. 22).

M92 Subsection (5A) was inserted by section 59 of, and paragraph 80(3) of Schedule 4 to, the Serious Organised Crime and Police Act 2005 (c. 15); and amended by section 99 of, and paragraph 42(4) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011; and by paragraph 45 of Schedule 8 to the Crime and Courts Act 2013 (c. 22).

M93 Subsection (6)(a) was amended by section 99 of, and paragraph 42(5) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M94 Section 92(1) was amended by section 25(4)(a) of the Police Reform and Social Responsibility Act 2011. There are other amendments, but none is relevant.

M95 Section 96(1B) was inserted by section 14(3) of the Police Reform and Social Responsibility Act 2011.

Police Reform Act 2002 E+W

11.—(1) The Police Reform Act 2002 M96 is modified as follows.

(2) In section 40(7)(d) M97 , for “local policing body” substitute “ Combined Authority and who are deployed wholly or partly in relation to the Mayor's PCC functions ”.

(3) In section 42(7) M98 —

(a) for the first reference to “local policing body” substitute “ Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ”;

(b) for the second reference to “local policing body” substitute “ Combined Authority ”;

(c) for “or body” substitute “ or Combined Authority ”.

Commencement Information

I40 Sch. 5 para. 11 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M96 2002 c. 30.

M97 Section 40(7) was amended by section 99 of, and paragraphs 277 and 295 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

M98 Section 42(7) was amended by section 99 of, and paragraphs 277 and 295 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

Proceeds of Crime Act 2002 E+W

12.—(1) The Proceeds of Crime Act 2002 M99 is modified as follows.

(2) For section 55(8)(aa) substitute—

“(aa) a member of the Combined Authority's staff deployed wholly or partly in relation to the Mayor's PCC functions;”.

Commencement Information

I41 Sch. 5 para. 12 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M99 2002 c. 29; paragraph (aa) was inserted by section 99 of, and paragraph 305 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

Local Government Act 2003 E+W

13.—(1) The Local Government Act 2003 M100 is modified as follows.

(2) In section 7—

(a) in subsection (1)(a), for “its part”, substitute “ the part of the Combined Authority ”;

(b) in subsection (2), for “on the part of the authority”, substitute “ on the part of the Combined Authority ”.

Commencement Information

I42 Sch. 5 para. 13 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M100 2003 c. 26.

Railways and Transport Safety Act 2003 E+W

14.—(1) The Railways and Transport Safety Act 2003 M101 is modified as follows.

(2) For paragraph 7(2)(c) of Schedule 4, substitute—

“(c) a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions,”.

Commencement Information

I43 Sch. 5 para. 14 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M101 2003 c. 20; paragraph 7(2)(c) was inserted by section 99 of, and paragraph 328 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

Local Government and Public Involvement in Health Act 2007 E+W

15.—(1) The Local Government and Public Involvement in Health Act 2007 M102 is modified as follows.

(2) For section 15(1)(a), substitute—

“(a) for the transfer of functions, property, rights or liabilities from a local authority, Combined Authority in relation to the Mayor's PCC functions, or local policing body for any area to another local authority, Combined Authority in relation to the Mayor's PCC functions, or local policing body whose area consists of or includes the whole or part of that area;”.

Commencement Information

I44 Sch. 5 para. 15 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M102 2007 c. 28; section 15(1)(a) was amended by section 74 of, and paragraph 14(2)(a) of Schedule 10 to, the Police Reform and Social Responsibility Act 2011.

Local Democracy, Economic Development and Construction Act 2009 E+W

16.—(1) The 2009 Act is modified as follows.

(2) In paragraph 9(1)(a) of Schedule 5B M103 , for “or deputy mayor” substitute “ , deputy mayor or deputy mayor for policing and crime ”.

Commencement Information

I45 Sch. 5 para. 16 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M103 2009 c. 20; paragraph 9(1) of Schedule 5B was inserted by section 2 of, and paragraph 1 of Schedule 1 to, the Cities and Local Government Devolution Act 2016 (c. 1).

Police Reform and Social Responsibility Act 2011 E+W

17.  The Police Reform and Social Responsibility Act 2011 is modified as follows.

Commencement Information

I46 Sch. 5 para. 17 in force at 10.5.2021, see art. 1(4)

18.  In section 5 M104 — E+W

(a) in subsection (1), for “ordinary election” substitute “ election for the return of a Mayor ”;

(b) in subsection (13)—

(i) in the definition of “financial year”, for “year of the police and crime commissioner” substitute “ year of the Combined Authority ”;

(ii) omit the definition of “ordinary election”.

Commencement Information

I47 Sch. 5 para. 18 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M104 There are amendments to section 5, none of which are relevant to this Order.

19.  In section 7(7) M105 — E+W

(a) in the definition of “financial year”, for “year of the elected local policing body” substitute “ year of the Combined Authority ”;

(b) omit the definition of “ordinary election”;

(c) in the definition of “planning period” for “ordinary election” substitute “ election for the return of a Mayor ”;

(d) in the definition of “qualifying day” for “ordinary election” substitute “ election for the return of a Mayor ”.

Commencement Information

I48 Sch. 5 para. 19 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M105 Section 7 was amended by section 181 of, and paragraph 97 of Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

20.  In section 16— E+W

(a) for subsection (1), substitute—

“(1) This section applies where the Mayor is required or authorised by any Act—

(a) to appoint a person to a specified post in the Combined Authority; or

(b) to designate a person as having specified duties or responsibilities,

in connection with the exercise of the Mayor's PCC functions.”;

(b) in subsection (2), for “the body” substitute “ the Combined Authority ”.

Commencement Information

I49 Sch. 5 para. 20 in force at 10.5.2021, see art. 1(4)

21.  In section 18 M106 — E+W

(a) for each reference to “deputy police and crime commissioner” substitute “ deputy mayor for policing and crime ”;

(b) in subsection (6)—

(i) after paragraph (d), insert—

“(da) a deputy mayor under section 107C of the Local Democracy, Economic Development and Construction Act 2009 M107 ;”;

(ii) after paragraph (h), insert—

“(i) the Combined Authority.”;

(c) in subsection (7)—

(i) for paragraph (f), substitute—

“(f) calculating the PCC component council tax requirement.”;

(ii) omit paragraphs (g) and (h) M108 ;

(d) for subsection (10), substitute—

“(10) The deputy mayor for policing and crime is a member of staff of the Combined Authority, unless they are a member of the Combined Authority.”.

Commencement Information

I50 Sch. 5 para. 21 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M106 Section 18 was amended by section 79 of, and paragraph 53 of Schedule 7 to, the Localism Act 2011 (c. 20); and section 45 of, and paragraph 116 of Schedule 12 to, the Local Audit and Accountability Act 2014 (c. 2).

M107 2009. c. 20. Section 107C was inserted by section 3 of the Cities and Local Government Devolution Act 2016 (c. 1).

M108 Paragraphs (7)(g) and (h) were added by section 45 of, and paragraph 116 of Schedule 12 to, the Local Audit and Accountability Act 2014 (c. 2).

22.  In section 21, after subsection (3) insert— E+W

“(3A) Expenditure may be paid out of the police fund only if, and to the extent that, it is incurred in or otherwise relates to, the exercise of the Mayor's PCC functions.”.

Commencement Information

I51 Sch. 5 para. 22 in force at 10.5.2021, see art. 1(4)

23.  In section 28— E+W

(a) omit subsections (1A) and (1B) M109 ;

(b) in subsection (6)(a), after “police and crime commissioner” insert, “ , the deputy mayor for policing and crime and any other person who exercises any function of the Mayor pursuant to arrangements made under section 18 ”.

Commencement Information

I52 Sch. 5 para. 23 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M109 Subsections (1A) and (1B) were added by section 6 of, and paragraph 89 of Schedule 1 to, the Policing and Crime Act 2017 (c. 3).

24.  In section 29— E+W

(a) for subsection (1), substitute—

“(1) A police and crime panel may require—

(a) the Mayor;

(b) the deputy mayor for policing and crime;

(c) members of staff of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions; and

(d) any members of the Combined Authority who exercise any function of the Mayor pursuant to arrangements made under section 18,

to attend before the panel (at reasonable notice) to answer any question which appears to the panel to be necessary in order for it to carry out its functions.”;

(b) for subsection (2), substitute—

“(2) Nothing in subsection (1) requires a person to give any evidence, or produce any document, which discloses advice given by that person to—

(a) the Mayor in relation to the Mayor's PCC functions;

(b) the deputy mayor for policing and crime; or

(c) a member of the Combined Authority who exercises any function of the Mayor pursuant to arrangements made under section 18.”;

(c) for subsection (5), substitute—

“(5) Any person referred to in subsection (1)(b), (c) or (d) must comply with any requirement imposed on them under that subsection.”;

(d) in subsection (6), after “commissioner” insert “ or the deputy mayor for policing and crime ”.

Commencement Information

I53 Sch. 5 para. 24 in force at 10.5.2021, see art. 1(4)

25.  In section 30— E+W

(a) in subsection (1), for “relevant police and crime commissioner” substitute “ Mayor so far as acting in the exercise of PCC functions ”;

(b) for subsection (3), substitute—

“(3) For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the Mayor is to be treated as holding that office during that suspension.”.

Commencement Information

I54 Sch. 5 para. 25 in force at 10.5.2021, see art. 1(4)

26.  In section 31(3), for paragraphs (b) to (d) substitute— E+W

“(b) deputy mayor for policing and crime.”.

Commencement Information

I55 Sch. 5 para. 26 in force at 10.5.2021, see art. 1(4)

27.  In section 62— E+W

(a) for subsection (1), substitute—

“(1) The police and crime panel must appoint a person to exercise the Mayor's PCC functions (the “acting commissioner”) if the Mayor is suspended from the exercise of PCC functions in accordance with section 30.”;

(b) in subsection (2), for “member of the police and crime commissioner's staff” substitute “ member of the staff of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions or the deputy mayor for policing and crime ”;

(c) after subsection (2), insert—

“(2A) The police and crime panel may not appoint as acting commissioner any person appointed as a deputy mayor under section 107C of the 2009 Act.”;

(d) omit subsection (3);

(e) for subsection (5), substitute—

“(5) Any property or rights vested in the Combined Authority in relation to the Mayor's PCC functions can be dealt with by the acting commissioner.”;

(f) omit subsection (6)(c);

(g) in subsection (7)—

(i) omit “incapacitated or”;

(ii) omit “(c) or”;

(h) omit subsection (8).

Commencement Information

I56 Sch. 5 para. 27 in force at 10.5.2021, see art. 1(4)

28.  For section 63(1) and (2), substitute— E+W

“(1) Subsection (2) applies where—

(a) the deputy mayor is appointed under section 107C of the 2009 Act to act for the Mayor because the Mayor is unable to act; and

(b) the Mayor does not cease to be unable to act during the period of 6 months beginning with the day on which the acting Mayor was appointed.

(2) At the end of that 6 month period—

(a) the Mayor ceases to be the Mayor, and

(b) accordingly, the office of Mayor becomes vacant.”.

Commencement Information

I57 Sch. 5 para. 28 in force at 10.5.2021, see art. 1(4)

29.  For section 64(3) to (4A) M110 , substitute— E+W

“(3) A person is disqualified from being elected as the Mayor at an election held under the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 if—

(a) the person has been nominated as a candidate for election as police and crime commissioner for any other police area at an ordinary election, and

(b) the ordinary election is held on the same day as the election to return the Mayor.

(4) A person is disqualified from being elected as the Mayor at an election held under the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 M111 if—

(a) the person is the police and crime commissioner for any other police area; or

(b) the person has been nominated as a candidate for election as police and crime commissioner for any other police area for which an election is held on the same day.”.

Commencement Information

I58 Sch. 5 para. 29 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M110 Subsections (3A) and (4A) were inserted into section 64 by article 10 of the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470).

M111 S.I. 2017/69.

30.  In section 65 M112 — E+W

(a) in subsection (1)(e), insert after paragraph (ii)—

“(iii) the Combined Authority;”;

(b) for subsection (1A) M113 , substitute—

“(1A) Subsection (1)(e)(i) does not prevent a deputy mayor for policing and crime—

(a) from being elected as Mayor at an election held under the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021;

(b) from being elected at an election held under the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 M114 to fill a vacancy in the office of Mayor if, on the day on which the person is nominated as a candidate at the election and at all times between that day and the declaration of the result of the election, the deputy is acting as acting commissioner under section 62.”.

Commencement Information

I59 Sch. 5 para. 30 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M112 Section 65(1) was amended by paragraph 184 of Schedule 8 to the Crime and Courts Act 2013 (c. 22).

M113 Subsection (1A) was inserted by section 123 of the Policing and Crime Act 2017 (c. 3).

M114 S.I. 2017/69.

31.  In section 70— E+W

(a) for subsection (1), substitute—

“(1) A person elected to the office of Mayor may not exercise police and crime commissioner functions unless that person has made the specified declaration to the appropriate officer.”;

(b) omit subsection (2);

(c) in subsection (5), for the first reference to “office” substitute “ the duty of exercising police and crime commissioner functions as Mayor ”;

(d) for subsection (6), substitute—

“(6) In this section—

“appropriate officer” means the person designated as the head of paid service by the Combined Authority under section 4(1)(a) of the Local Government and Housing Act 1989; “specified declaration” means the following declaration—

I [Full Name] of [Place] do hereby declare that I accept the duty of exercising Police and Crime Commissioner functions as West Yorkshire Mayor. In making this declaration, I solemnly and sincerely promise that in exercising Police and Crime Commissioner functions: I will serve all the people of West Yorkshire. I will act with integrity and diligence in my role and, to the best of my ability, will execute my duties to ensure that the police are able to cut crime and protect the public. I will give a voice to the public, especially victims of crime, and work with other services to ensure the safety of the community and effective criminal justice. I will take all steps within my power to ensure transparency of my decisions, so that I may be properly held to account by the public. I will not interfere with the operational independence of police officers.”;

(e) omit subsection (7).

Commencement Information

I60 Sch. 5 para. 31 in force at 10.5.2021, see art. 1(4)

32.  In Schedule 1— E+W

(a) for paragraph 1, substitute—

“1.   This Schedule applies in relation to the Mayor in the exercise of PCC functions.”;

(b) for paragraph 4, substitute—

“4.— (1) The Mayor must make authorised pension payments.

(2) In this paragraph “authorised pension payments” means—

(a) pensions to, or in respect of, persons who have been the police and crime commissioner for West Yorkshire, and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been the police and crime commissioner for West Yorkshire,

which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this paragraph.”;

(c) in paragraph 5(2), for “any of paragraphs 2 to” substitute “ paragraph ”;

(d) in paragraph 8 M115 —

(i) for each reference to “deputy police and crime commissioner” substitute “ deputy mayor for policing and crime ”;

(ii) for sub-paragraphs (3) and (3A), substitute—

“(3) The terms and conditions of a person appointed as the deputy mayor for policing and crime must ensure that the person's term of office ends no later than the third day after the day of the poll at an election for the return of a Mayor.

(3A) The terms and conditions must also provide for the deputy mayor for policing and crime's appointment to end when, following an election held to fill a vacancy in the office of the appointing Mayor, the person elected makes and delivers a declaration under section 70.”;

(e) for paragraph 9(1), substitute—

“(1) The Mayor must notify the police and crime panel of each proposed appointment by the Mayor of a deputy mayor for policing and crime.”;

(f) in paragraph 10(9)(a), for “ordinary election of a police and crime commissioner under section 50” substitute “ election for the return of a Mayor ”;

(g) for paragraph 13, substitute—

“13.— (1)  The Mayor may pay —

(a) remuneration, allowances and gratuities to members of the Combined Authority's staff deployed wholly or partly in relation to the Mayor's PCC functions; and

(b) allowances and gratuities to the deputy mayor for policing and crime where that person is not a member of staff of the Combined Authority.

(2) The Mayor may pay—

(a) pensions to, or in respect of, persons who have been members of the Combined Authority's staff deployed wholly or partly in relation to the Mayor's PCC functions; and

(b) amounts for or towards provision of pensions to, or in respect of, persons who have been members of the Combined Authority's staff deployed wholly or partly in relation to the Mayor's PCC functions.

(3) In this paragraph “allowances” —

(a) in relation to a member of the Combined Authority's staff deployed wholly or partly in relation to the Mayor's PCC functions, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff in relation to such functions; and

(b) in relation to a deputy mayor for policing and crime who is not a member of the Combined Authority's staff, means allowances in respect of expenses incurred by the deputy mayor for policing and crime in the course of that person's duties as deputy mayor for policing and crime.”;

(h) for paragraph 15(2), substitute—

“(2) A person who is—

(a) a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions; or

(b) a member of the Combined Authority exercising the Mayor's PCC functions,

has no personal liability for an act or omission done by the person, in the carrying out of duties relating to the Mayor's PCC functions as a member of staff or as a member of the Combined Authority, unless it is shown to have been done otherwise than in good faith.”;

(i) for paragraph 16, substitute—

“16.   References to the financial year of the Mayor are to be read as if they were references to the financial year of the Combined Authority.”.

Commencement Information

I61 Sch. 5 para. 32 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M115 Paragraph 8 was amended by section 122(2) and (3) of the Policing and Crime Act 2017 (c. 3).

33.  In Schedule 5— E+W

(a) in paragraph 1—

(i) for sub-paragraph (1), substitute—

“(1) The Mayor may not determine the final amount of the PCC component for a financial year until the end of the scrutiny process is reached.”;

(ii) for sub-paragraph (3), substitute—

“(3) References in this Schedule to the determining of the final amount of the PCC component include references to the determining of the amount of the PCC component of a substitute precept.”;

(b) in paragraph 2, for “the precept which the commissioner is proposing to issue” substitute “ the proposed amount of the PCC component ”;

(c) in paragraph 3(3), for “the precept that should be issued” substitute “ the amount of the PCC component ”;

(d) in paragraph 4(3), for “precept for the financial year” substitute “ PCC component for the financial year ”;

(e) in paragraph 5(3)—

(i) in paragraph (a), for “issue the proposed precept as the precept” substitute “ determine that the proposed amount of the PCC component is the final amount of the PCC component ”;

(ii) in paragraph (b), for “issue a different precept” substitute “ determine a different PCC component ”;

(f) in paragraph 6(2), for “issue the proposed precept as the precept” substitute “ determine that the proposed PCC component is to be the PCC component ”;

(g) in paragraph 8—

(i) in sub-paragraph (1), for “the issuing of precepts” substitute “ determining the amount of the PCC component ”;

(ii) in sub-paragraph (4), for “precept that may be issued” substitute “ amount of the PCC component ”.

Commencement Information

I62 Sch. 5 para. 33 in force at 10.5.2021, see art. 1(4)

34.  In Schedule 6 M116 — E+W

(a) for paragraph 21, substitute—

“21.   The Mayor, a member of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members may not be a member of the police and crime panel for the area.”;

(b) in paragraph 22(1)(a), for the words “police and crime commissioner for that police area” substitute “ Combined Authority ”;

(c) in paragraph 33, after sub-paragraph (1) insert—

“(1A) But this paragraph does not apply if the elected Mayor of that executive is a member of the Combined Authority appointed by the constituent councils.”;

(d) in paragraph 34, after sub-paragraph (1) insert—

“(1A) But this paragraph does not apply if the current Mayor of that executive is a member of the Combined Authority appointed by the constituent councils.”.

Commencement Information

I63 Sch. 5 para. 34 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M116 There are amendments to Schedule 6, none of which is relevant to this instrument.

35.  In Schedule 7— E+W

(a) in paragraph 3(1)(a)(ii), for “deputy police and crime commissioner” substitute “ deputy mayor for policing and crime (unless the holder of that office is a member of the Combined Authority) ”;

(b) for paragraph 4, substitute—

“4.— ()0  This paragraph applies in relation to qualifying complaints which—

(a) relate to a holder of the office of—

(i) Mayor; or

(ii) deputy mayor for policing and crime, if the holder of that office is a member of the Combined Authority, and

(b) are not, or cease to be, investigated by the Director General of the Independent Office for Police Conduct or a police force.

(2) Regulations must secure that such complaints are dealt with in accordance with the Combined Authority's code of conduct adopted under section 27(2) of the Localism Act 2011.”.

Commencement Information

I64 Sch. 5 para. 35 in force at 10.5.2021, see art. 1(4)

36.  In Schedule 8— E+W

(a) for paragraph 4(10), substitute—

“(10) For that purpose, “relevant post-election period” means the period that—

(a) begins with the day of the poll at an election for the return of the Mayor; and

(b) ends with the day on which the person elected as Mayor delivers a declaration under section 70.”;

(b) for paragraph 15(8), substitute—

“(8) For that purpose, “relevant post-election period” means the period that—

(a) begins with the day of the poll at an election for the return of the Mayor; and

(b) ends with the day on which the person elected as Mayor delivers a declaration under section 70.”.

Commencement Information

I65 Sch. 5 para. 36 in force at 10.5.2021, see art. 1(4)

Local Audit and Accountability Act 2014 E+W

37.—(1) The Local Audit and Accountability Act 2014 M117 is modified as follows.

(2) In Schedule 4—

(a) for paragraph 2(4)(a), substitute—

“(a) cases where the relevant authority referred to in the opening words of sub-paragraph (2) (the “relevant authority concerned”) is a Combined Authority where the Mayor exercises PCC functions;”;

(b) for paragraph 2(5), substitute—

“(5) Where the relevant authority concerned is a Combined Authority where the Mayor exercises PCC functions, references to “the authority” include the chief constable for the area.”.

Commencement Information

I66 Sch. 5 para. 37 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M117 2014 c. 2.

PART 2 E+W Secondary legislation

Motor Vehicles (Third Party Risks) Regulations 1972 E+W

38.—(1) The Motor Vehicles (Third Party Risks) Regulations 1972 M118 are modified as follows.

(2) For regulation 7(3), substitute—

“(3) In the case of a motor vehicle owned by the Combined Authority for use wholly or partly in relation to the Mayor's PCC functions, a certificate in Form F signed by some person authorised in that behalf by the Mayor that the motor vehicle is owned by the Combined Authority for use in relation to the Mayor's PCC functions.”.

Commencement Information

I67 Sch. 5 para. 38 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M118 S.I. 1972/1217; regulation 7(3) was amended by S.I. 2011/3058. There are other amending instruments, but none is relevant.

Official Secrets Act 1989 (Prescription) Order 1990 E+W

39.—(1) The Official Secrets Act 1989 (Prescription) Order 1990 M119 is modified as follows.

(2) In Schedule 2, for “a Deputy police and crime commissioner”, substitute “ a deputy mayor for policing and crime ”.

Commencement Information

I68 Sch. 5 para. 39 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M119 S.I. 1990/200; amended by S.I. 2012/2900. There are other amending instruments, but none is relevant.

Police (Disposal of Sound Equipment) Regulations 1995 E+W

40.—(1) The Police (Disposal of Sound Equipment) Regulations 1995 M120 are modified as follows.

(2) In regulation 4(4), for “local policing body” substitute “ Combined Authority ”.

Commencement Information

I69 Sch. 5 para. 40 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M120 S.I. 1995/722; regulation 4 was amended by S.I. 2000/1549 and S.I. 2011/3058.

Police (Property) Regulations 1997 E+W

41.—(1) The Police (Property) Regulations 1997 M121 are modified as follows.

(2) In regulation 6(6), for “relevant authority” substitute “ Combined Authority ”.

(3) In regulation 7(1), for “vest in them” substitute “ vest in the Combined Authority ”.

Commencement Information

I70 Sch. 5 para. 41 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M121 S.I. 1997/1908; regulations 6 and 7 were amended by S.I. 2002/2313 and S.I. 2013/2318.

Health and Safety (Enforcing Authority) Regulations 1998 E+W

42.—(1) The Health and Safety (Enforcing Authority) Regulations 1998 M122 are modified as follows.

(2) In regulation 4(3)(d), for “a local policing body” substitute “ the Combined Authority in relation to the Mayor's PCC functions ”.

Commencement Information

I71 Sch. 5 para. 42 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M122 S.I. 1998/494; regulation 4(3)(d) was amended by S.I. 2011/3058. There are other amending instruments, but none is relevant.

Motor Vehicles (Driving Licences) Regulations 1999 E+W

43.—(1) The Motor Vehicles (Driving Licences) Regulations 1999 M123 are modified as follows.

(2) In regulation 23(1)(c)(ii) M124 , for “local policing body or” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions or a ”.

(3) In regulation 24(1)(d)(ii) M125 , for “local policing body or” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions or a ”.

(4) In regulation 58(2)(c)(ii) M126 , for “local policing body” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ”.

Commencement Information

I72 Sch. 5 para. 43 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M123 S.I. 1999/2864.

M124 Regulation 23(1)(c) was substituted by S.I. 2011/3058. There are other amending instruments, but none is relevant.

M125 Regulation 24(1)(d) was inserted by S.I. 2011/3058. There are other amending instruments, but none is relevant.

M126 Regulation 58(2)(c)(ii) was substituted by S.I. 2011/3058.

Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999 E+W

44.—(1) The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999 M127 is modified as follows.

(2) For paragraph 2 of Section 6 of Schedule 1, substitute—

The Combined Authority in relation to employees deployed wholly or partly in relation to the Mayor's PCC functions.”.

Commencement Information

I73 Sch. 5 para. 44 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M127 S.I. 1999/2277; paragraph 2 of Section 6 of Schedule 1 was substituted by S.I. 2012/2733.

Motor Vehicles (Access to Driver Licensing Records) Regulations 2001 E+W

45.—(1) The Motor Vehicles (Access to Driver Licensing Records) Regulations 2001 M128 are modified as follows.

(2) In regulation 3(2), for “local policing body or” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions or a ”.

Commencement Information

I74 Sch. 5 para. 45 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M128 S.I. 2001/3343; regulation 3 was amended by S.I. 2011/3058.

Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001 E+W

46.—(1) The Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001 M129 are modified as follows.

(2) In regulation 2(1)(b), for “a local policing body or” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions or a ”.

Commencement Information

I75 Sch. 5 para. 46 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M129 S.I. 2001/2645; regulation 2(1)(b) was amended by S.I. 2012/61.

Police Regulations 2003 E+W

47.—(1) The Police Regulations 2003 M130 are modified as follows.

(2) In regulation 7(7)(a), for “a deputy appointed under section 18(1)(a) or 19(1)(a) of the Police Reform and Social Responsibility Act 2011” substitute “ the deputy mayor for policing and crime ”.

(3) In regulation 24(1)(b), for “local policing body” substitute “ Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ”.

Commencement Information

I76 Sch. 5 para. 47 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M130 S.I. 2003/527; regulation 24(1)(b) was amended by S.I. 2011/3026.

Docking of Working Dogs' Tails (England) Regulations 2007 E+W

48.—(1) The Docking of Working Dogs' Tails (England) Regulations 2007 M131 are modified as follows.

(2) In regulation 2, for the definition of “police identification” substitute—

““police identification” means evidence that the person presenting the identification is—

(a) a police officer;

(b) employed by the Combined Authority and deployed wholly or partly in relation to the Mayor's PCC functions;

(c) contracted to work for the Mayor in relation to the Mayor's PCC functions; or

(d) contracted to work for, or otherwise employed by, the chief officer of police;”.

Commencement Information

I77 Sch. 5 para. 48 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M131 S.I. 2007/1120; regulation 2 was amended by S.I. 2012/61.

REACH Enforcement Regulations 2008 E+W

49.—(1) The REACH Enforcement Regulations 2008 M132 are modified as follows.

(2) In paragraph 5(c) of Part 3 of Schedule 3, for “local policing body” substitute “ the Combined Authority in relation to the Mayor's PCC functions ”.

Commencement Information

I78 Sch. 5 para. 49 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M132 S.I. 2008/2852; paragraph 5(c) of Part 3 of Schedule 3 was amended by S.I. 2011/3058. There are other amendments but none is relevant.

Elected Local Policing Bodies (Specified Information) Order 2011 E+W

50.—(1) The Elected Local Policing Bodies (Specified Information) Order 2011 M133 is modified as follows.

(2) In article 1(2)—

(a) for the definition of “election” substitute—

““election” means an election for the return of a Mayor;”;

(b) in the definition of “relevant office holder”, for “deputy police and crime commissioner” substitute “ deputy mayor for policing and crime ”;

(c) for the definition of “senior employee”, substitute—

““senior employee” means a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions and whose salary exceeds £50,000;”; and

(d) for the definition of “staff”, substitute—

““staff” means members of staff employed by the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions but does not include the deputy mayor for policing and crime.”.

(3) In the Schedule—

(a) in paragraph 2—

(i) omit the first reference to “of the elected local policing body”;

(ii) for each of the remaining two references to “elected local policing body” substitute “ Combined Authority ”;

(b) in paragraph 3 M134 —

(i) for sub-paragraph (b), substitute—

“(b) the PCC component;”;

(ii) in sub-paragraph (c), for “the precept” substitute “ the PCC component ”;

(c) in paragraph 4 M135 —

(i) for the first reference to “elected local policing body”, substitute “ Combined Authority in relation to the Mayor's PCC functions ”;

(ii) in sub-paragraph (a), for “by, or occupied for the purposes of” substitute “ by the Combined Authority in relation to the Mayor's PCC functions, or occupied for the purpose of ”;

(iii) in sub-paragraphs (b) and (c), for “£10,000” substitute “ £5,000 ”;

(iv) for sub-paragraph (d), substitute—

“(d) a list of every contract with a value not exceeding £5,000 —

(i) which the Mayor has entered into, or is to enter into, on behalf of the Combined Authority in relation to the Mayor's PCC functions; or

(ii) to which the chief officer of the police force maintained by the Mayor is, or is to be, a party,

including the value of the contract, the identity of every other party to the contract and the purpose of the contract.”.

Commencement Information

I79 Sch. 5 para. 50 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M133 S.I. 2011/3050.

M134 Paragraph 3 of the Schedule was amended by S.I. 2012/2479 and by S.I. 2013/1816.

M135 Paragraph 4 of the Schedule was amended by S.I. 2012/2479.

Policing Protocol Order 2011 E+W

51.—(1) The Policing Protocol Order 2011 M136 is modified as follows.

(2) In the Schedule—

(a) in paragraph 5, for “each PCC” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ”;

(b) for paragraph 13, substitute—

“13.   Chief Constables are established in law as corporations sole within the 2011 Act. In doing so Chief Constables are enabled by law to employ staff and hold funds. Chief Constables are charged with the impartial direction and control of all constables and staff within the police force that they lead.

13A.   The staff of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions are accountable to the directly elected Mayor to enable the Mayor to exercise their PCC functions.”;

(c) in paragraph 16, for “precept” substitute “ PCC component ”;

(d) in paragraph 17(d), for “precept” substitute “ PCC component ”;

(e) in paragraph 24—

(i) in sub-paragraph (a), for “precept” substitute “ PCC component ”;

(ii) in sub-paragraph (h), for “incapacitated, resigns or is disqualified” substitute “ suspended from the exercise of PCC functions ”;

(iii) omit sub-paragraph (i);

(f) after paragraph 24, insert—

“24A.   Complaints against the Mayor and deputy mayor for policing and crime (if that person is a member of the Combined Authority) will be dealt with in accordance with the Combined Authority's existing standards regime, which operates under local government legislation. Serious complaints and conduct matters must be passed to the Director General of the Independent Office for Police Conduct in line with legislation.”.

Commencement Information

I80 Sch. 5 para. 51 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M136 S.I. 2011/2744.

Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 E+W

52.—(1) The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 M137 are modified as follows.

(2) In regulation 2—

(a) after the definition of “document”, insert—

““head of paid service” means the head of paid service designated by the Combined Authority under section 4(1)(a) of the Local Government and Housing Act 1989 M138 ;”;

(b) in the definition of “police and crime panel”, in paragraph (a), for “deputy police and crime commissioner” substitute “ deputy mayor for policing and crime ”;

(c) in the definition of “relevant office”, for paragraph (b) substitute—

“(b) deputy mayor for policing and crime;”.

(3) In regulation 7—

(a) for paragraph (1)(a), substitute—

“(a) the monitoring officer appointed by the Combined Authority under section 5(1)(a) of the Local Government and Housing Act 1989;”;

(b) in paragraph (2), omit “a chief executive or”;

(c) for paragraph (3), substitute—

“(3) Where the police and crime panel delegates powers or duties conferred or imposed by or under regulation 9 (notification and recording of complaints), 11 (notification and recording of conduct matters arising in civil proceedings) or 12 (recording of conduct matters in other cases) to the monitoring officer appointed by the Combined Authority, the monitoring officer shall notify the head of paid service of any complaint or conduct matter considered by the monitoring officer in accordance with those regulations.”.

(4) In regulation 15(3)(a), for “the office holder's staff” substitute “ staff deployed by the Combined Authority wholly or partly in relation to the Mayor's PCC functions ”.

(5) In regulation 28(1)—

(a) omit paragraph (a);

(b) for paragraph (b), substitute—

“(b) the deputy mayor for policing and crime who is not a member of the Combined Authority at the time when the complaint is recorded;”.

(6) For regulation 29, substitute—

Resolution in accordance with the Combined Authority's code of conduct

29.— (1) If a complaint to which this Part applies concerns the conduct of—

(a) the Mayor; or

(b) the deputy mayor for policing and crime who is a member of the Combined Authority at the time when the complaint is recorded, the police and crime panel shall pass the complaint to the monitoring officer appointed by the Combined Authority under section 5(1)(a) of the Local Government and Housing Act 1989 (“the monitoring officer”).

(2) On receiving a complaint in accordance with paragraph (1), the monitoring officer shall deal with it in accordance with the Combined Authority's code of conduct adopted under section 27(2) of the Localism Act 2011 M139 .

(3) The monitoring officer shall as soon as practicable inform the police and crime panel of the outcome of the complaint.”.

Commencement Information

I81 Sch. 5 para. 52 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M137 S.I. 2012/62, to which there are amendments not relevant to this Order.

M138 1989 c. 42.

M139 2011 c. 20.

Police Appeals Tribunals Rules 2012 E+W

53.—(1) The Police Appeals Tribunals Rules 2012 M140 are modified as follows.

(2) In rule 15(4) for “relevant local policing body” substitute “ Combined authority ”.

Commencement Information

I82 Sch. 5 para. 53 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M140 S.I. 2012/2630 subject to revocation and saving by the Police Appeals Tribunals Rules 2020 (S.I. 2020/1).

Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012 E+W

54.—(1) The Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012 M141 are modified as follows.

(2) In regulation 3(2)—

(a) in sub-paragraph (c), omit “or”;

(b) in sub-paragraph (d), after “(c)” insert “ , or ”;

(c) after sub-paragraph (d) insert—

“(e) the Combined Authority.”.

Commencement Information

I83 Sch. 5 para. 54 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M141 S.I. 2012/2087.

Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012 E+W

55.—(1) The Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012 M142 are modified as follows.

(2) In regulation 4(2), for “may issue the proposed precept as the precept” substitute “ may determine that the proposed PCC component is the final amount of the PCC component ”.

(3) In regulation 5(2), for “precept that he now proposes to issue” substitute “ PCC component that he now proposes to determine ”.

(4) In regulation 6(2)—

(a) in sub-paragraph (a), for “issuing the revised precept as the precept” substitute “ finalising the revised precept as the PCC component to be determined ”;

(b) in sub-paragraph (b), for “precept that should be issued” substitute “ PCC component that should be determined ”.

(5) In regulation 7 (police and crime commissioner's consideration of second report), for “1st March” substitute “ the penultimate working day in February ”.

(6) In regulation 8—

(a) in paragraph (2)—

(i) in sub-paragraph (a), for “issue the revised precept as the precept” substitute “ finalise the revised precept as the PCC component to be determined ”;

(ii) in sub-paragraph (b), for “issue a different precept” substitute “ finalise a different amount of the PCC component ”;

(b) in paragraph (3)—

(i) in sub-paragraph (a), for “issue a precept” substitute “ finalise the PCC component ”;

(ii) in sub-paragraph (b), for “issue a precept” substitute “ finalise the PCC component ”.

Commencement Information

I84 Sch. 5 para. 55 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M142 S.I. 2012/2271.

Local Government Pension Scheme Regulations 2013 E+W

56.—(1) The Local Government Pension Scheme Regulations 2013 M143 are modified as follows.

(2) After regulation 64(8), insert—

“(8A) Paragraph (8B) applies where the exiting employer is the Police and Crime Commissioner for the area and the liabilities of the fund in respect of benefits due to the Commissioner's current and former employees (or those of any predecessor authority) have been or are to be transferred to the Combined Authority by virtue of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021.

(8B) Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.”.

Commencement Information

I85 Sch. 5 para. 56 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M143 S.I. 2013/2356, to which there are amendments not relevant to this Order.

Local Audit (Auditor Resignation and Removal) Regulations 2014 E+W

57.—(1) The Local Audit (Auditor Resignation and Removal) Regulations 2014 M144 are modified as follows.

(2) In regulation 2—

(a) in paragraph (3), for “police and crime commissioner” substitute “ Combined Authority ”;

(b) in paragraph (4), for “a police and crime commissioner” substitute “ the Combined Authority in relation to the Mayor's PCC functions ”.

Commencement Information

I86 Sch. 5 para. 57 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M144 S.I. 2014/1710, to which there are amendments not relevant to this Order.

Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 E+W

58.—(1) The Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 M145 is modified as follows.

(2) In article 4(d)—

(a) omit “or” at the end of paragraph (ii);

(b) insert “ or ” at the end of paragraph (iii);

(c) after paragraph (iii), insert—

“(iv) the mayor ceasing to hold office by virtue of section 63 of the Police Reform and Social Responsibility Act 2011;”.

Commencement Information

I87 Sch. 5 para. 58 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M145 S.I. 2017/69.

Police Appeals Tribunals Rules 2020 E+W

59.—(1) The Police Appeals Tribunals Rules 2020 M146 are modified as follows.

(2) In rule 19(4)(c) and (d) for “relevant local policing body” substitute “ Combined Authority ”.

Commencement Information

I88 Sch. 5 para. 59 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M146 S.I. 2020/1.

Article 35(3)

SCHEDULE 6 E+W Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions

Primary legislation E+W

1.  Section 28 of the Leasehold Reform Act 1967 M147 .

Commencement Information

I89 Sch. 6 para. 1 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M147 1967 c. 88. Section 28(5)(a) was amended by section 99 of, and paragraph 85 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13). There are other amending Acts but none is relevant.

2.  The following provisions of the Local Government Act 1972 M148 — E+W

(a) section 102(6) to (11);

(b) section 223(2);

(c) paragraph 6ZA of Part 1 of Schedule 12.

Commencement Information

I90 Sch. 6 para. 2 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M148 1972 c. 70. Section 102(6) to (11) and paragraphs 6ZA and the quoted words in paragraph 6B of Schedule 12 were inserted by section 7 of the Policing and Crime Act 2017 (c. 3). Section 223 was amended by paragraph 24 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 and by section 99 of, and paragraph 109 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011. There are other amending Acts but none is relevant.

3.  Section 5(3)(baa) of the Rent (Agriculture) Act 1976 M149 . E+W

Commencement Information

I91 Sch. 6 para. 3 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M149 1976 c. 80. Section 5(3)(baa) was inserted by section 43 of, and paragraph 52 of Schedule 4 to, the Police and Magistrates' Courts Act 1994 (c. 29), and was amended by section 99 of, and paragraph 134 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

4.  Section 14(1)(caa) of the Rent Act 1977 M150 . E+W

Commencement Information

I92 Sch. 6 para. 4 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M150 1977 c. 42. Section 14(1)(caa) was inserted by section 43 of, and paragraph 53 of Schedule 4 to, the Police and Magistrates' Courts Act 1994, and was amended by section 99 of, and paragraph 135 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

5.  Sections 95, 96A, 97 and 98 of the Local Government, Planning and Land Act 1980 M151 . E+W

Commencement Information

I93 Sch. 6 para. 5 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M151 1980 c. 65.

6.  Sections 33 and 41 of the Local Government (Miscellaneous Provisions) Act 1982 M152 . E+W

Commencement Information

I94 Sch. 6 para. 6 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M152 1982 c. 30. Section 33 was amended by paragraph 6 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34); section 119 of and paragraph 56(2)(a) of Schedule 6, to the Local Democracy, Economic Development and Construction Act 2009; and section 99 of, and paragraph 156 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011; section 59 of, and paragraphs 6(1) and 16(a) of Schedule 13 to the Deregulation Act 2015 (c. 20). There are other amendments to section 33, but none is relevant.

7.  Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the People Act 1983 M153 . E+W

Commencement Information

I95 Sch. 6 para. 7 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M153 1983 c. 2. Section 13AB was inserted by section 16(3) of the Electoral Registration and Administration Act 2013 (c. 6). Section 13B was substituted by section 8 of, and paragraph 6 of Schedule 1 to, the Representation of the People Act 2000 and amended by section 74 of, and paragraph 3 of Schedule 10 to, the Police Reform and Social Responsibility Act 2011. There are other amendments but none is relevant.

8.  Section 60 of the County Courts Act 1984 M154 . E+W

Commencement Information

I96 Sch. 6 para. 8 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M154 1984 c. 28.

9.  Sections 80(1), 157(1), 171(2) and 573(1) of, and paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4 and paragraph 5(1)(b) of Schedule 5 to, the Housing Act 1985 M155 . E+W

Commencement Information

I97 Sch. 6 para. 9 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M155 1985 c. 68

10.  Section 38 of the Landlord and Tenant Act 1985 M156 . E+W

Commencement Information

I98 Sch. 6 para. 10 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M156 1985 c. 70.

11.  Section 7 of the Local Government Act 1986 M157 . E+W

Commencement Information

I99 Sch. 6 para. 11 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M157 1986 c. 10.

12.  Section 58 of the Landlord and Tenant Act 1987 M158 . E+W

Commencement Information

I100 Sch. 6 para. 12 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M158 1987 c. 31.

13.  Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988 M159 . E+W

Commencement Information

I101 Sch. 6 para. 13 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M159 1988 c. 50.

14.  Sections 111, 113, 114 and 114A of the Local Government Finance Act 1988 M160 . E+W

Commencement Information

I102 Sch. 6 para. 14 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M160 1988 c. 41.

15.  Section 39 of the Local Government Finance Act 1992 M161 . E+W

Commencement Information

I103 Sch. 6 para. 15 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M161 1992 c. 14.

16.  Section 33 of the Value Added Tax Act 1994 M162 . E+W

Commencement Information

I104 Sch. 6 para. 16 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M162 1994 c. 23.

17.  Section 94 of the Police Act 1996 M163 . E+W

Commencement Information

I105 Sch. 6 para. 17 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M163 1996 c. 16.

18.  Paragraph 57 of Schedule 1 to the Freedom of Information Act 2000 M164 . E+W

Commencement Information

I106 Sch. 6 para. 18 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M164 2000 c. 36.

19.  Sections 21 and 22 of the Local Government Act 2003 M165 . E+W

Commencement Information

I107 Sch. 6 para. 19 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M165 2003 c. 26.

20.  The following provisions of the Fire and Rescue Services Act 2004 M166 — E+W

(a) section 3(7) and (9);

(b) section 4A;

(c) Schedules A1 and A2.

Commencement Information

I108 Sch. 6 para. 20 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M166 2004 c. 21.

21.  The following provisions of the Police Reform and Social Responsibility Act 2011 M167 — E+W

(a) section 1, subsections (1) to (4);

(b) sections 50 to 61 M168 ;

(c) section 69;

(d) sections 71 to 75;

(e) section 102(3);

(f) Schedule 1, paragraphs 2, 3, 5(1), 6(1), (2) and (4), and 7;

(g) Schedule 6, paragraphs 33 to 35;

(h) Schedules 9 and 10.

Commencement Information

I109 Sch. 6 para. 21 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M167 2011 c. 13.

M168 Section 42 was amended by section 140(5) and (6) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

22.  Paragraph 19 of Schedule 2 to the Local Audit and Accountability Act 2014 M169 . E+W

Commencement Information

I110 Sch. 6 para. 22 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M169 2014 c. 2.

23.  Sections 5(7)(a) and (9)(a) of, and paragraph 92 of Schedule 1 to, the Policing and Crime Act 2017 M170 . E+W

Commencement Information

I111 Sch. 6 para. 23 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M170 2017 c. 3.

Secondary legislation E+W

24.  The Police and Crime Commissioner Elections (Declaration of Acceptance of Office) Order 2012 M171 .

Commencement Information

I112 Sch. 6 para. 24 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M171 S.I. 2012/2553.

25.  The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012 M172 . E+W

Commencement Information

I113 Sch. 6 para. 25 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M172 S.I. 2012/1918.

F36 26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F36 Sch. 6 para. 26 omitted (16.3.2024) by virtue of The Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2024 (S.I. 2024/181), regs. 1(1), 7(2) (with reg. 1(3))

27.  The Police and Crime Commissioner Elections Order 2012 M173 . E+W

Commencement Information

I114 Sch. 6 para. 27 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M173 S.I. 2012/1917.

F37 28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F37 Sch. 6 para. 28 omitted (11.5.2026) by virtue of The Local Government Pension Scheme (Amendment) (Elected Member Pensions) Regulations 2026 (S.I. 2026/346), regs. 1(1), 18

29.  Article 7 of the Chancellor of the Duchy of Lancaster Order 2015 M174 . E+W

Commencement Information

I115 Sch. 6 para. 29 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M174 S.I. 2015/1376.

30.  The Police and Crime Commissioner Elections Order 2015 M175 . E+W

Commencement Information

I116 Sch. 6 para. 30 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M175 S.I. 2015/665.

31.  The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 M176 . E+W

Commencement Information

I117 Sch. 6 para. 31 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M176 S.I. 2015/1526.

F38 32.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F38 Sch. 6 para. 32 omitted (22.2.2024) by virtue of The Police and Crime Commissioner Elections (Designation of Local Authorities and Police Area Returning Officers) Order 2024 (S.I. 2024/186), arts. 1(1), 6(2) (with art. 1(3))

F39 33.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F39 Sch. 6 para. 33 omitted (22.2.2024) by virtue of The Police and Crime Commissioner Elections (Designation of Local Authorities and Police Area Returning Officers) Order 2024 (S.I. 2024/186), arts. 1(1), 6(2) (with art. 1(3))

F40 34.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F40 Sch. 6 para. 34 omitted (6.3.2024) by virtue of The Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2024 (S.I. 2024/297), arts. 1(1), 9(2) (with art. 1(3))

35.  The Police and Crime Commissioner Elections (Amendment) Order 2016 M177 . E+W

Commencement Information

I118 Sch. 6 para. 35 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M177 S.I. 2016/300.

F41 36.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F41 Sch. 6 para. 36 omitted (16.3.2024) by virtue of The Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2024 (S.I. 2024/181), regs. 1(1), 7(2) (with reg. 1(3))

F42 37.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Sch. 6 para. 37 omitted (16.3.2024) by virtue of The Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2024 (S.I. 2024/181), regs. 1(1), 7(2) (with reg. 1(3))

F43 38.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43 Sch. 6 para. 38 omitted (6.3.2024) by virtue of The Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2024 (S.I. 2024/297), arts. 1(1), 9(2) (with art. 1(3))

Article 44

SCHEDULE 7 E+W

Commencement Information

I119 Sch. 7 in force at 30.1.2021, see art. 1(2)

“SCHEDULE 1 E+W Constitution

Membership

1.— (1) Subject to sub-paragraph (3), the Combined Authority shall comprise ten members in addition to the Mayor as provided for in the following sub-paragraphs.

(2) Each of the constituent councils shall appoint one of its elected members as a member of the Combined Authority.

(3) The constituent councils shall agree the appointment of another elected member from three of the constituent councils, so that the constituent council members 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; in the absence of such agreement no members shall be appointed under this sub-paragraph.

(4) The non-constituent council shall appoint one of its elected members to be a member of the Combined Authority.

(5) Each constituent council and the non-constituent council shall appoint another of its elected members to act as a member of the Combined Authority in the absence of the members appointed under sub-paragraphs (2) to (4) (“the substitute member”).

(6) The substitute members for members appointed under sub-paragraph (3) must be appointed jointly by the constituent councils.

(7) The Leeds City Region Enterprise Partnership shall nominate one of its members to be a member of the Combined Authority (“Local Enterprise Partnership Member”).

(8) The Leeds City Region Enterprise Partnership shall nominate another of its members to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (7) (“the substitute member”).

(9) For the purposes of this Schedule any reference to a member is to be treated as including a reference to the Local Enterprise Partnership Member and substitute member.

(10) A person ceases to be a member or substitute member of the Combined Authority if they cease to be—

(a) a member of the constituent council or non-constituent council that appointed them; or

(b) a member of the Local Enterprise Partnership that nominated them.

(11) A person may resign as a member or substitute member of the Combined Authority by written notice served on the proper officer of the council, Combined Authority or the chair or vice-chair of the Local Enterprise Partnership (as the case may be) of—

(a) the constituent council or non-constituent council that appointed them; or

(b) the Local Enterprise Partnership that nominated them,

and the resignation shall take effect on receipt of the notice by the proper officer of the council, Combined Authority or chair or vice-chair of the Local Enterprise Partnership (as the case may be).

(12) Where a member or substitute member's appointment ceases by virtue of sub-paragraph (10) or (11)—

(a) the constituent council or the non-constituent council that made the appointment shall, 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.

(13) The Combined Authority shall appoint a member nominated under sub-paragraph (12)(b) at the next ordinary meeting of the Combined Authority.

(14) A constituent council or the non-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 of its elected members in that person's place.

(15) The appointment of the members and substitute members for members appointed under sub paragraph (3) can only be terminated jointly by the constituent councils.

(16) Where a constituent council or the non-constituent council exercises its power under sub-paragraphs (14) and (15), it shall 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 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.

(17) The Local Enterprise Partnership may at any time terminate the appointment of a member or substitute member nominated by it to the Combined Authority and nominate another of its members in that person's place.

(18) Where the Local Enterprise Partnership exercises its power under sub-paragraph (17), it shall give written notice of the new nomination and the termination of the previous appointment to the Combined Authority.

(19) The Combined Authority shall appoint a member nominated under sub-paragraph (18) 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.

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

Chairman and vice-chairman

2.— (1) For the period up until the Mayor begins their term of office in accordance with article 3(4) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021, the Combined Authority must appoint a chairman and a vice chairman from amongst its members.

(2) A person ceases to be chairman or vice-chairman of the Combined Authority if they cease to be a member of the Combined Authority.

(3) If a vacancy arises in the office of chairman or vice-chairman, 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.

Proceedings

3.— (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 and substitute members, acting in place of members, present and voting on that question at a meeting of the Combined Authority.

(2) For the period up until the Mayor begins their term of office in accordance with article 3(4)(a) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 no business shall be transacted at a meeting of the Combined Authority unless at least three members, or substitute members acting in their place, appointed by the constituent councils are present.

(3) Upon the Mayor beginning their term of office in accordance with article 3(4)(a) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021, no business shall be transacted at a meeting of the Combined Authority unless the Mayor or the deputy mayor acting in place of the Mayor and at least three members of the Combined Authority appointed by constituent councils under paragraph 1(2) or the substitute member acting in their place are present.

(4) Where the deputy mayor is acting in the place of the Mayor they cannot also act in their capacity as a member of the Combined Authority.

(5) The substitute member for the deputy mayor may act in the capacity of a member of the Combined Authority when the deputy mayor is acting in the place of the Mayor.

(6) Each member appointed by a constituent council, 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.

(7) If a vote is tied on any matter it shall be deemed not to have been carried.

(8) Members appointed by the non-constituent council, the Local Enterprise Partnership Member and non-constituent council and Local Enterprise Partnership substitute members shall be non-voting members of the Combined Authority.

(9) Proposals for decisions by the Combined Authority may be put forward by the Mayor or any member of the Combined Authority.

(10) Questions relating to functions of the Combined Authority conferred by the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 and not solely exercisable by the Mayor pursuant to article 27 cannot be carried without the Mayor's vote in favour of the question.

(11) The following decisions of the Combined Authority require those voting in favour to include at least three members appointed under paragraph 1(2) or the substitutes acting in their place—

(a) approving the Combined Authority's budget; and

(b) issuing the levy pursuant to article 29(5) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021.

(12) M178 Reference to a two thirds majority in article 8(4) of the Combined Authorities (Finance) Order 2017 is to be read as reference to a five eights majority.

(13) Any decision of the Mayor which gives rise to a financial liability for a constituent council requires the consent of the member appointed by that constituent council or the substitute member acting in their place.

(14) The proceedings of the Combined Authority shall not be 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.

Committees

4.— (1) The Combined Authority shall appoint one or more committees as an overview and scrutiny committee or, as the case may be, committees of the Combined Authority.

(2) The Combined Authority shall appoint at least one member of each of the constituent councils and the non-constituent council to an overview and scrutiny committee appointed by the Combined Authority.

(3) Members appointed from the non-constituent council to an overview and scrutiny committee of the Combined Authority, and members appointed from the non-constituent council or the Local Enterprise Partnership to any other committee or sub-committee of the Combined Authority, shall be non-voting members of the committee or sub-committee but may be given voting rights by resolution of the Combined Authority.

Records

5.— (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) shall be received in evidence without further proof.

(5) Until the contrary is proved, a meeting of the Combined Authority, committee or subcommittee, 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 Combined Authority provide for another meeting of the authority, committee or sub-committee to be regarded as suitable, either the next following meeting or that other meeting.

Standing orders

6.   The Combined Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.

Remuneration

7.   Subject to paragraphs 8, 9 and 10 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 approved by the Combined Authority.

8.— (1) The Combined Authority may establish an independent remuneration panel who may make recommendations to the Combined Authority regarding the allowances payable to—

(a) the Mayor; and

(b) the deputy mayor provided that the deputy mayor is not a leader or elected mayor of a constituent or non-constituent council or the Chair of the Local Enterprise Partnership.

(2) An independent remuneration panel must consist of at least three members none of whom—

(a) is also a member of the Combined Authority or is a member of a committee or sub-committee of the Combined Authority or a member of a constituent council of the Combined Authority; or

(b) is disqualified from being or becoming a member of the Combined Authority.

(3) The Combined Authority may pay the expenses incurred by the independent remuneration panel established under paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the Combined Authority may determine.

9.   The Combined Authority may only pay an allowance to the Mayor or the deputy mayor if—

(a) the Combined Authority has considered a report published by the independent remuneration panel established under paragraph 8(1) 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.

10.   The Combined Authority must consider a report from the independent remuneration panel before approving a scheme under paragraph 7.”

Marginal Citations

M178 S.I. 2017/611.

Explanatory Note

(This note is not part of the Order)

This Order provides for the conferral of functions of local authorities and other public authorities on the West Yorkshire Combined Authority (“the Combined Authority”).

Part 2 of the Order provides for the election of a Mayor and for the appointment of a political advisor.

Part 3 of the Order confers functions of the constituent councils in relation to education, skills and training on the Combined Authority. The functions are to be exercised concurrently with the constituent councils. It also transfers to the Combined Authority adult education functions. The transferred functions will be exercisable by the Combined Authority instead of by the Secretary of State in relation to the area of the Combined Authority. The functions of the Secretary of State under section 90 of the Apprenticeships, Skills, Children and Learning Act 2009, which relate to the encouragement of education and training for persons aged 19 or over, and under section 100(1) of that Act, which relate to the provision of financial resources are to be exercisable by the Combined Authority in relation to the Area of the Combined Authority. The functions will be exercisable by the Combined Authority concurrently with the Secretary of State. Certain provisions of the Apprenticeships, Skills, Children and Learning Act 2009 are applied with modifications to the Combined Authority for the purpose of the Combined Authority exercising the functions conferred on it by articles 6 and 7.

Part 4 of the Order confers on the Combined Authority functions in relation to housing and regeneration which are to be exercised concurrently with the Homes and Communities Agency. It also makes provision about the acquisition and appropriation of land for planning and public purposes and sets out conditions on the exercise of various functions. Article 13 and Schedule 2 apply and modify relevant provisions in legislation.

Part 5 of the Order confers on the Combined Authority functions corresponding to those of the Mayor of London in relation to the designation of a Mayoral development area. Schedule 3 to the Order modifies Part 8 of and Schedule 21 to the Localism Act 2011 which make provision about the establishment of a Mayoral development corporation, its objects and powers as well as its constitution and governance.

Part 6 of the Order confers a number of transport functions on the Combined Authority. Articles 21 to 24 provide for certain transport functions to be exercisable by the Combined Authority in relation to the Combined Authority's area.

Part 7 of the Order confers additional functions to be exercisable by the Combined Authority. The functions relate to economic assessments and data sharing and are to be exercised concurrently with the constituent councils.

Part 8 of the Order sets out the functions of the Combined Authority which are to be only exercisable by the Mayor and makes provision in relation to Joint Committees.

Part 9 makes provision for the funding, by the constituent councils, of those costs of the Combined Authority that relate to the exercise of its functions. It also makes transitional provision relating to the Police and Crime Commissioner precept. Article 31 provides that the Combined Authority is to have in relation to its area functions corresponding to the functions that the Greater London Authority has under the Business Rate Supplements Act 2009 to levy a supplement on business rates to raise money for expenditure on a project which will promote economic development in its area.

Part 10 of the Order makes provision for the Mayor for the area of the Combined Authority to exercise functions of a Police and Crime Commissioner (“PCC”). Article 35 provides that, in relation to the Mayor's Police and Crime Commissioner functions, the Mayor is to be treated as a PCC for the purposes of all legislation affecting PCCs. This is subject to certain modifications in their application to the Mayor set out in Schedule 5 to the Order and does not apply in respect of the legislative provisions listed in Schedule 6 to the Order. Articles 36 to 40 make transitional provision in relation to the transfer of functions, in particular in relation to transfer of property, rights and liabilities. Article 41 extends the period in which the statement of accounts required by the Local Audit and Accountability Act 2014 in relation to the PCC for West Yorkshire (or, after the transfer, the Combined Authority in respect of the PCC's accounts), and the chief constable for that area is to be prepared. Article 42 applies section 86 of the Local Government Act 1972 (“the 1972 Act”) in relation to the Mayor but with a modification to that section which has the effect that where a Mayor ceases to be Mayor by virtue of being unable to act for more than six months (see section 63 of the Police Reform and Social Responsibility Act 2011), the Combined Authority shall declare the office of Mayor to be vacant, unless there is a High Court declaration under Part 5 of the 1972 Act.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of the business and voluntary sector. The impact on the public sector is that conferring functions on the Combined Authority should lead to operational efficiencies that could lead to reduced costs.