The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021
PART 1General
1Citation, commencement and application
2Interpretation
PART 2Election of Mayor
3Election of Mayor
4Political adviser
PART 3Education, skills and training functions
5Concurrent exercise of local authority functions
6Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area
7Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area
8Conditions on the exercise of functions mentioned in articles 6 and 7
9Modification of provisions in the Apprenticeships, Skills, Children and Learning Act 2009
PART 4Housing, regeneration and planning
10Conferral of functions corresponding to functions that the HCA has in relation to the Area
11Acquisition and appropriation of land for planning and public purposes
12Condition on the exercise of the functions conferred by articles 10 and 11
13Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act
PART 5Mayoral development corporation
14Mayoral development corporation
15Application of provisions in the 2011 Act
16Mayoral development corporation: incidental provisions
PART 6Transport
17Power to pay grant
18Grants to bus service operators
19Agreements between authorities and strategic highways companies
20Traffic regulation
21Transport functions related to traffic signs and pedestrian crossings
22Apparatus affected by highway, bridge or transport works
23Permit schemes
24Bus lane contraventions
PART 7Additional functions
25Assessment of economic conditions
26Data sharing
PART 8Mayoral functions
27Functions exercisable only by the Mayor
28Joint committees
PART 9Funding
29Funding
30Transitional provision
31Conferral of Business Rate Supplements functions
32(1) The functions of the Combined Authority specified in article...
33Adaptation of BRS in consequence of article 31
PART 10Police and Crime Commissioner functions
34Police and Crime Commissioner functions
35Transfer of police and crime commissioner functions
36Transfer of property, rights and liabilities
37Secondments
38Continuity
39Foreign property etc, perfection of vesting
40Transfers: supplementary provision
41Extension of financial year of Police and Crime Commissioner and Chief Constable for West Yorkshire
42Modifications to the Local Government Act 1972
PART 11Amendment of the 2014 Order
43Amendment of the 2014 Order
44For Schedule 1 to the 2014 Order substitute the Schedule...
SCHEDULE 1Modification of provisions of the Apprenticeships, Skills, Children and Learning Act 2009 in their application to the Combined Authority
1All references to provisions in this Schedule are to provisions...
2Section 86 has effect as if— (a) in subsection (1),...
3Section 87 has effect as if for each reference to...
4Section 88 has effect as if in subsections (1), (2)(b),...
5Section 90 has effect as if— (a) in subsection (1),...
6Section 100 has effect as if— (a) in subsection (1),...
7Section 101 has effect as if for each reference to...
8Section 103 has effect as if— (a) for the reference...
9Section 115 has effect as if— (a) for the reference...
10Section 121 has effect as if— (a) in subsection (1),...
SCHEDULE 2
PART 1Modification of the application of Chapter 2 of Part 1 of the 2008 Act
1(1) Chapters 1 and 2 of Part 1 of the...
PART 2Modification of the application of Schedules 2 to 4 to the 2008 Act
2(1) Schedules 2 to 4 to the 2008 Act apply...
SCHEDULE 3Modification of the application of Part 8 of the 2011 Act
1(1) Chapter 2 of Part 8 of the 2011 Act...
SCHEDULE 4Permit 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...
SCHEDULE 5Modifications of police and crime commissioner enactments in their application to the Mayor
PART 1Primary legislation
1Police (Property) Act 1897
2Trustee Investments Act 1961
3Pensions (Increase) Act 1971
4Local Government (Miscellaneous Provisions) Act 1976
5Local Government, Planning and Land Act 1980
6Dartford-Thurrock Crossing Act 1988
7Local Government Finance Act 1988
8Road Traffic Act 1988
9Local Government and Housing Act 1989
10Police Act 1996
11Police Reform Act 2002
12Proceeds of Crime Act 2002
13Local Government Act 2003
14Railways and Transport Safety Act 2003
15Local Government and Public Involvement in Health Act 2007
16Local Democracy, Economic Development and Construction Act 2009
17Police Reform and Social Responsibility Act 2011
18In section 5— (a) in subsection (1), for “ordinary election”...
19In section 7(7)— (a) in the definition of “financial year”,...
20In section 16— (a) for subsection (1), substitute—
21In section 18 — (a) for each reference to “deputy...
22In section 21, after subsection (3) insert—
23In section 28— (a) omit subsections (1A) and (1B);
24In section 29— (a) for subsection (1), substitute—
25In section 30— (a) in subsection (1), for “relevant police...
26In section 31(3), for paragraphs (b) to (d) substitute—
27In section 62— (a) for subsection (1), substitute—
28For section 63(1) and (2), substitute— (1) Subsection (2) applies...
29For section 64(3) to (4A), substitute— (3) A person is...
30In section 65— (a) in subsection (1)(e), insert after paragraph...
31In section 70— (a) for subsection (1), substitute—
32In Schedule 1— (a) for paragraph 1, substitute— This Schedule applies in relation to the Mayor in the...
33In Schedule 5— (a) in paragraph 1—
34In Schedule 6— (a) for paragraph 21, substitute— The Mayor, a member of the Combined Authority appointed by...
35In Schedule 7— (a) in paragraph 3(1)(a)(ii), for “deputy police...
36In Schedule 8— (a) for paragraph 4(10), substitute—
37Local Audit and Accountability Act 2014
PART 2Secondary legislation
38Motor Vehicles (Third Party Risks) Regulations 1972
39Official Secrets Act 1989 (Prescription) Order 1990
40Police (Disposal of Sound Equipment) Regulations 1995
41Police (Property) Regulations 1997
42Health and Safety (Enforcing Authority) Regulations 1998
43Motor Vehicles (Driving Licences) Regulations 1999
44Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999
45Motor Vehicles (Access to Driver Licensing Records) Regulations 2001
46Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001
47Police Regulations 2003
48Docking of Working Dogs’ Tails (England) Regulations 2007
49REACH Enforcement Regulations 2008
50Elected Local Policing Bodies (Specified Information) Order 2011
51Policing Protocol Order 2011
52Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012
53Police Appeals Tribunals Rules 2012
54Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012
55Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012
56Local Government Pension Scheme Regulations 2013
57Local Audit (Auditor Resignation and Removal) Regulations 2014
58Combined Authorities (Mayors) (Filling of Vacancies) Order 2017
59Police Appeals Tribunals Rules 2020
SCHEDULE 6Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions
1Primary legislation
2The following provisions of the Local Government Act 1972 —...
3Section 5(3)(baa) of the Rent (Agriculture) Act 1976.
4Section 14(1)(caa) of the Rent Act 1977.
5Sections 95, 96A, 97 and 98 of the Local Government,...
6Sections 33 and 41 of the Local Government (Miscellaneous Provisions)...
7Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the People...
8Section 60 of the County Courts Act 1984.
9Sections 80(1), 157(1), 171(2) and 573(1) of, and paragraph 2(1)...
10Section 38 of the Landlord and Tenant Act 1985.
11Section 7 of the Local Government Act 1986.
12Section 58 of the Landlord and Tenant Act 1987.
13Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988....
14Sections 111, 113, 114 and 114A of the Local Government...
15Section 39 of the Local Government Finance Act 1992.
16Section 33 of the Value Added Tax Act 1994.
17Section 94 of the Police Act 1996.
18Paragraph 57 of Schedule 1 to the Freedom of Information...
19Sections 21 and 22 of the Local Government Act 2003....
20The following provisions of the Fire and Rescue Services Act...
21The following provisions of the Police Reform and Social Responsibility...
22Paragraph 19 of Schedule 2 to the Local Audit and...
23Sections 5(7)(a) and (9)(a) of, and paragraph 92 of Schedule...
24Secondary legislation
25The Police and Crime Commissioner Elections (Functions of Returning Officers)...
26The Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations...
27The Police and Crime Commissioner Elections Order 2012.
28The following provisions of Schedule 2 to the Local Government...
29Article 7 of the Chancellor of the Duchy of Lancaster...
30The Police and Crime Commissioner Elections Order 2015.
31The Transfer of Functions (Police and Crime Commissioner Elections) Order...
32The Police and Crime Commissioner Elections (Designation of Police Area...
33The Police and Crime Commissioner Elections (Designation of Local Authorities)...
34The Police and Crime Commissioner Elections (Local Returning Officers’ and...
35The Police and Crime Commissioner Elections (Amendment) Order 2016.
36The Police and Crime Commissioner Elections (Returning Officers’ Accounts) (Amendment)...
SCHEDULE 7
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
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 20091 (“the 2009 Act”).
The Secretary of State, having had regard to a scheme prepared and published under section 112 of the 2009 Act2, considers that—
  1. (a)

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

  2. (b)
    any consultation required by section 113(2) of the 2009 Act3 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 government4.
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 Order5.

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: