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

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PART 1 E+WGeneral

Citation, commencement and applicationE+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

Commencement Information

I1Art. 1 in force at 30.1.2021, see art. 1(2)

InterpretationE+W

2.  In this Order—

“the 1984 Act” means the Road Traffic Regulation Act 1984 M1;

F3...

“the 1989 Act” means the Local Government and Housing Act 1989 M2;

F4...

F5...

F6...

F7...

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009 M3;

F8...

“the BRS Act” means the Business Rate Supplements Act 2009 M4;

“the 1996 Regulations” means the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 M5;

“the 2014 Order” means the West Yorkshire Combined Authority Order 2014 M6;

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 M7.

“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 M8 (as modified by the Combined Authorities (Finance) Order 2017) M9 in respect of the Mayor's PCC functions M10; 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

Commencement Information

I2Art. 2 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M5S.I. 1996/2489 amended in relation to England by S.I. 2009/1116.

M81992 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.

M10“PCC functions” is defined in section 107F(3) of the Local Democracy, Economic Development and Construction Act 2009 (c. 20).

PART 2 E+WElection of Mayor

Election of MayorE+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

I3Art. 3 in force at 30.1.2021, see art. 1(2)

Political adviserE+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) M11 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

I4Art. 4 in force at 10.5.2021, see art. 1(3)

Marginal Citations

M11Section 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+WEducation, skills and training functions

Concurrent exercise of local authority functionsE+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) M12;

(b)section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential) M13;

(c)section 560A of the Education Act 1996 (work experience for persons over compulsory school age) M14;

(d)section 10 of the Education and Skills Act 2008 (local authority to promote fulfilment of duty imposed by section 2) M15;

(e)section 12 of the Education and Skills Act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2) M16;

(f)section 68 of the Education and Skills Act 2008 (support services: provision by local authorities) M17;

(g)section 70 of the Education and Skills Act 2008 (local authorities: supplementary powers) M18;

(h)section 71 of the Education and Skills Act 2008 (provision of support on conditional basis: learning and support agreements) M19; and

(i)section 85 of the Education and Skills Act 2008 (co-operation as regards provision of 14–19 education and training) M20.

(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 M21 (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

I5Art. 5 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M12Section 51A was inserted by section 44 of the Apprenticeships, Skills, Children and Learning Act 2009 and was amended by S.I. 2010/1158.

M131996 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.

M14Section 560A was inserted by section 47 of the Apprenticeships, Skills, Children and Learning Act 2009.

M17Section 68 was amended by section 28 of the Education Act 2011 (c. 21) and by S.I. 2010/1158

M18Section 70 was amended by section 28 of the Education Act 2011 and by S.I. 2010/1158.

M19Section 71 was amended by section 28 of the Education Act 2011.

M212004 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 AreaE+W

F126.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F137.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F148.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

F159.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16PART 4E+WHousing, regeneration and planning

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

Textual Amendments

F17PART 5E+WMayoral development corporation

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

Textual Amendments

PART 6 E+WTransport

Power to pay grantE+W

F1817.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Grants to bus service operatorsE+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 M22 (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

I6Art. 18 in force at 30.1.2021, see art. 1(2)

Marginal Citations

Agreements between authorities and strategic highways companiesE+W

F1919.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Traffic regulationE+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) M23;

(b)section 2(4) (what a traffic regulation order may provide) M24;

(c)section 9 (experimental traffic orders) M25;

(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 M26 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

I7Art. 20 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M23Section 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.

M24Subsection (4) was amended by paragraph 18 of Schedule 8 to the New Roads and Street Works Act 1991.

M25Section 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.

M26Section 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 crossingsE+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 M27; 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 M28 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

I8Art. 21 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M271980 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.

M28Section 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 worksE+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 M29 (“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 M30;

(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 M31; 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

I9Art. 22 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M291991 c. 22. Section 83 was amended by section 40 of, and Schedule 1 to the Traffic Management Act 2004 (c. 18).

M31Section 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 schemesE+W

23.—(1) The functions of the constituent councils as local highway authorities specified in the following provisions of the Traffic Management Act 2004 M32 (“the 2004 Act”) are exercisable by the Combined Authority in relation to the Area—

(a)section 33 (preparation of permit schemes) M33;

(b)section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England) M34; and

(c)section 36 (variation and revocation of permit schemes) M35.

(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 M36.

(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

I10Art. 23 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M33Section 33 was amended by section 51 of, and Schedule 10 to, the Deregulation Act 2015 (c. 20).

M34Section 33A was inserted by section 51 of, and Schedule 10 to, the Deregulation Act 2015.

M35Section 36 was substituted by section 51 of, and Schedule 10 to, the Deregulation Act 2015.

Bus lane contraventionsE+W

F2024.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21PART 7E+WAdditional functions

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

Textual Amendments

PART 8 E+WMayoral functions

Functions exercisable only by the MayorE+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)[F23section] 154(1) (grants to bus service operators) of the Transport Act 2000 M37;

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 [F26any 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

Commencement Information

I11Art. 27 in force at 10.5.2021, see art. 1(3)

Marginal Citations

M372000 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 committeesE+W

F2728.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 9 E+WFunding

FundingE+W

29.—(1) Subject to [F28paragraph (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 [F29any 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 M38 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

Commencement Information

I12Art. 29 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M381992. c. 14.

Transitional provisionE+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 M39.

(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 M40.

(4) In this article—

“billing authority” has the same meaning as in section 1(2) of the Local Government Finance Act 1992 M41; 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 M42.

Commencement Information

I13Art. 30 in force at 30.1.2021, see art. 1(2)

Marginal Citations

Conferral of Business Rate Supplements functionsE+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

I14Art. 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

Commencement Information

I15Art. 32 in force at 30.1.2021, see art. 1(2)

Adaptation of BRS in consequence of article 31E+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

I16Art. 33 in force at 30.1.2021, see art. 1(2)

PART 10 E+WPolice and Crime Commissioner functions

Police and Crime Commissioner functionsE+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 M43 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 M44.

Commencement Information

I17Art. 34(1) in force at 10.5.2021, see art. 1(4)

I18Art. 34(2)-(6) in force at 30.1.2021, see art. 1(2)

Marginal Citations

Transfer of police and crime commissioner functionsE+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) M45.

(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

I19Art. 35 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M45The definition of “police and crime commissioner enactment” is at paragraph 12(5) of Schedule 5C to the 2009 Act.

Transfer of property, rights and liabilitiesE+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 M46 of the 2011 Act (as applied in accordance with article 35) in relation to the matters mentioned in paragraph (2).

Commencement Information

I20Art. 36 in force at 10.5.2021, see art. 1(4)

Marginal Citations

M462011 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).

SecondmentsE+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

I21Art. 37 in force at 10.5.2021, see art. 1(4)

ContinuityE+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

I22Art. 38 in force at 10.5.2021, see art. 1(4)

Foreign property etc, perfection of vestingE+W

39.—(1) Subsections (2) to (8) of section 414 of the Greater London Authority Act 1999 M47 (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

I23Art. 39 in force at 30.1.2021, see art. 1(2)

Marginal Citations

Transfers: supplementary provisionE+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

I24Art. 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 YorkshireE+W

41.—(1) The requirement in section 3(3) of the Local Audit and Accountability Act 2014 M48 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 M49 (“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

I25Art. 41 in force at 30.1.2021, see art. 1(2)

Marginal Citations

Modifications to the Local Government Act 1972E+W

42.—(1) Section 86 of the Local Government Act 1972 M50 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

I26Art. 42 in force at 30.1.2021, see art. 1(2)

Marginal Citations

M501972 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+WAmendment of the 2014 Order

Amendment of the 2014 OrderE+W

43.  Article 5 of the 2014 Order is omitted.

Commencement Information

I27Art. 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

I28Art. 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

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