The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021
- (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 Act3 has been carried out.
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:
PART 1General
Citation, commencement and application1.
(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.
(5)
Articles 6 and 7 of this Order only apply in relation to the provision of education or training in an academic year beginning on or after 1st August 2021.
(6)
In paragraph (5), “academic year” means a period beginning with 1st August and ending with the next 31st July.
Interpretation2.
In this Order—
“adult detention” has the meaning given by section 121(4) of the Apprenticeships, Skills, Children and Learning Act 2009;
“apprenticeship training” has the meaning given by section 83(5) of the Apprenticeships, Skills, Children and Learning Act 2009;
“the Area” means the area of the West Yorkshire Combined Authority;
“the Combined Authority” means the West Yorkshire Combined Authority;
“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, as modified by Schedule 3, following the designation of an area of land by the Combined Authority;
“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;
“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 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.
PART 2Election of Mayor
Election of Mayor3.
(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.
Political adviser4.
(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)
(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.
PART 3Education, skills and training functions
Concurrent exercise of local authority functions5.
(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)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(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)
Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area6.
(1)
(a)
(b)
(c)
(2)
The functions mentioned in paragraph (1) do not include —
(a)
any functions relating to apprenticeship training;
(b)
any functions relating to persons subject to adult detention; or
(c)
any power to make regulations or orders.
(3)
The functions mentioned in paragraph (1) are exercisable by the Combined Authority instead of by the Secretary of State.
Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area7.
(1)
Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of the Apprenticeships, Skills, Children and Learning Act 2009 are exercisable by the Combined Authority in relation to the Area—
(a)
section 90 (encouragement of education and training for persons aged 19 or over and others subject to adult detention); and
(b)
(2)
The functions mentioned in paragraph (1) do not include—
(a)
any function relating to apprenticeship training; or
(b)
any function relating to persons subject to adult detention.
(3)
The functions mentioned in paragraph (1) are exercisable concurrently with the Secretary of State in relation to the Area.
Conditions on the exercise of functions mentioned in articles 6 and 78.
(1)
The Combined Authority must adopt rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 in accordance with any direction given by the Secretary of State.
(2)
(3)
Modification of provisions in the Apprenticeships, Skills, Children and Learning Act 20099.
For the purpose of the exercise by the Combined Authority of the functions mentioned in articles 6 and 7, sections 86 to 88, 90, 100, 101, 103, 115 and 121 of the Apprenticeships, Skills, Children and Learning Act 2009 apply in relation to the Combined Authority with the modifications set out in Schedule 1.
PART 4Housing, regeneration and planning
Conferral of functions corresponding to functions that the HCA has in relation to the Area10.
(1)
The functions of the Homes and Communities Agency (“HCA”) which are specified in the following provisions of the 2008 Act are to be functions of the Combined Authority that are exercisable in relation to the Area—
(a)
section 5 (powers to provide housing or other land);
(b)
section 6 (powers for regeneration, development or effective use of land);
(c)
section 7 (powers in relation to infrastructure);
(d)
section 8 (powers to deal with land etc);
(e)
section 9 (acquisition of land);
(f)
section 10 (restrictions on disposal of land);
(g)
(h)
section 12 (powers in relation to, and for, statutory undertakers);
(i)
paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc); and
(j)
paragraphs 1, 2, 3, 4, 6 (extinguishment or removal powers for the HCA), 10 (counter-notices) and 20 (notification of proposal to make order) of Schedule 4.
(2)
The Combined Authority must exercise the functions described in the provisions specified in paragraph (1) for the purposes of, or for purposes incidental to the objective of —
(a)
improving the supply and quality of housing in the Area;
(b)
securing the regeneration or development of land or infrastructure in the Area;
(c)
supporting in other ways the creation, regeneration or development of communities in the Area or their continued well-being; and
(d)
contributing to the achievement of sustainable development and good design in the Area,
with a view to meeting the needs of people living in the Area.
(3)
The functions described in the provisions specified in paragraph (1) are—
(a)
exercisable concurrently with the HCA; and
(b)
subject to Schedules 2 (acquisition of land) and 3 (main powers in relation to land acquired by the HCA) to the 2008 Act.
(4)
In paragraph (2) “good design” and “needs” have the meanings given by section 2(2) of the 2008 Act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.
(5)
The exercise of the function referred to at sub-paragraph (e) of paragraph (1) is subject to the condition set out in article 12.
Acquisition and appropriation of land for planning and public purposes11.
(1)
The functions of the constituent councils specified in the following provisions as applied by article 13(2) to (5) are exercisable by the Combined Authority in relation to the Area—
(a)
(b)
section 227 of the 1990 Act (acquisition of land by agreement);
(c)
section 229 of the 1990 Act (appropriation of land forming part of common, etc);
(d)
section 230(1)(a) of the 1990 Act (acquisition of land for purposes of exchange);
(e)
section 232 of the 1990 Act (appropriation of land held for planning purposes);
(f)
(g)
section 235 of the 1990 Act (development of land held for planning purposes);
(h)
(i)
section 238 of the 1990 Act (use and development of consecrated land);
(j)
section 239 of the 1990 Act (use and development of burial grounds);
(k)
section 241 of the 1990 Act (use and development of open spaces);
(l)
(m)
section 18 of the 1985 Act (duties with respect to buildings acquired for housing purposes).
(2)
The functions are exercisable concurrently with the constituent councils.
(3)
The exercise of the functions referred to at sub-paragraphs (a) and (l) of paragraph (1) is subject to the condition set out in article 12.
Condition on the exercise of the functions conferred by articles 10 and 1112.
The exercise of the functions in section 17 of the 1985 Act (insofar as this function is exercised for the compulsory purchase of land), 9(2) of the 2008 Act and section 226 of the 1990 Act by the Combined Authority requires the consent of —
(a)
each member of the Combined Authority appointed under paragraph 1(2) of Schedule 1 to the 2014 Order whose area contains any part of the land subject to the proposed compulsory acquisition, or
(b)
substitute members acting in place of those members,
to be provided at a meeting of the Combined Authority.
Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act13.
(1)
This article has effect in consequence of articles 10 and 11.
(2)
The provisions set out in section 17 of the 1985 Act (acquisition of land for housing purposes) apply to the Combined Authority as they apply to a constituent council.
(3)
(4)
Part 9 of the 1990 Act (acquisition and appropriation of land for planning purposes, etc) applies in relation to the Combined Authority and land which has been vested in or acquired by the Combined Authority for planning and public purposes as it applies to a constituent council and land vested in or acquired by a constituent council for planning and public purposes.
(5)
Chapters 1 and 2 of Part 1 of, and Schedules 2 to 4 to, the 2008 Act apply in relation to the powers of the Combined Authority to acquire land for housing and infrastructure as they apply to the HCA and land acquired by the HCA with the modifications made by Parts 1 and 2 of Schedule 2.
PART 5Mayoral development corporation
Mayoral development corporation14.
(1)
The Combined Authority has, in relation to the Area, functions corresponding to the functions described in the provisions in the 2011 Act referred to in paragraph (2) that the Mayor of London has in relation to Greater London.
(2)
The provisions in the 2011 Act referred to in paragraph (1) are—
(a)
section 197 (designation of Mayoral development areas);
(b)
section 199 (exclusion of land from Mayoral development areas);
(c)
(d)
section 202 (functions in relation to town and country planning);
(e)
section 204 (removal or restriction of planning functions);
(f)
section 214 (powers in relation to discretionary relief from non-domestic rates);
(g)
section 215 (reviews);
(h)
(i)
section 217 (dissolution: final steps);
(j)
section 219 (guidance by the Mayor);
(k)
section 220 (directions by the Mayor);
(l)
section 221 (consents);
(m)
paragraph 1 of Schedule 21 (membership);
(n)
paragraph 2 of Schedule 21 (terms of appointment of members);
(o)
paragraph 3 of Schedule 21 (staff);
(p)
paragraph 4 of Schedule 21 (remuneration etc: members and staff);
(q)
paragraph 6 of Schedule 21 (committees); and
(r)
paragraph 8 of Schedule 21 (proceedings and meetings).
Application of provisions in the 2011 Act15.
(1)
Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as it applies in relation to the Mayor of London, with the modifications made by Schedule 3.
(2)
Chapter 2 of Part 8 of the 2011 Act applies in relation to a Corporation as it applies in relation to a Mayoral development corporation, with the modifications made by Schedule 3.
(3)
Subject to paragraph (6), in any enactment (whenever passed or made)—
(a)
any reference to a Mayoral development corporation; or
(b)
any reference which falls to be read as a reference to a Mayoral development corporation,
is to be treated as including a reference to a Corporation.
(4)
For the purposes of any transfer scheme relating to a Corporation under any provisions of the 2011 Act applied with modifications by this Order, paragraph 9 of Schedule 24 to the 2011 Act (transfers under scheme under section 17, 200(1) or (4) or 216(1)) applies in relation to—
(a)
any property, rights or liabilities transferred to or from a Corporation in accordance with a transfer scheme; or
(b)
anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a Corporation in accordance with such a transfer scheme,
as it applies in relation to a Mayoral development corporation.
(5)
For the purposes of establishing a Corporation, giving the Corporation a name, giving effect to any decisions notified to the Secretary of State under sections 199(4) (exclusion of land from Mayoral development areas), 202(8) (decisions about planning functions), or 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 Act or in relation to the transfer of land to or from a Corporation under any provision of the 2011 Act, applied with modifications by this Order, section 235 of the 2011 Act (orders and regulations) applies in relation to—
(a)
the power of a Minister of the Crown to make an order under sections 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a Mayoral development corporation) of that Act; and
(b)
the power of the Treasury to make regulations under paragraph 9(2) of Schedule 24 to that Act,
as it applies in relation to the establishment of a Mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the Secretary of State (under sections 199(4), 202(8) and 214(6) of the 2011 Act) or in relation to the transfer of land to or from a Mayoral development corporation.
(6)
Paragraph (3) does not apply to—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(7)
In this article “transfer scheme” means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 Act.
Mayoral development corporation: incidental provisions16.
(1)
The following provisions of the 1989 Act apply in relation to a Corporation as if it were a local authority—
(a)
(b)
sections 2 and 3A (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of section 1.
(2)
(3)
Section 32 of the 2003 Act applies in relation to expenditure of a Corporation but as if—
(a)
each reference to a functional body were a reference to a Corporation;
(b)
each reference to the Greater London Authority were a reference to the Combined Authority;
(c)
each reference to the Mayor of London were a reference to the Mayor; and
(d)
subsection (7) were omitted.
PART 6Transport
Power to pay grant17.
(1)
The functions of a Minister of the Crown specified in section 31 of the 2003 Act (power to pay grant) are functions of the Combined Authority that are exercisable in relation to the Area.
(2)
The functions are exercisable by the Combined Authority concurrently with a Minister of the Crown.
(3)
Paragraph (4) applies where, in exercising functions referred to in paragraphs (1) and (2), the Combined Authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions.
(4)
In determining that amount, the Combined Authority must have regard to the desirability of ensuring that the constituent council has sufficient funds to facilitate the effective discharge of those functions.
(5)
To comply with paragraph (4), the Combined Authority must take into account any other sources of funding available to the constituent council for expenditure incurred or to be incurred in relation to the exercise of its highway functions.
(6)
For the purposes of the exercise by the Combined Authority of the functions specified in paragraphs (1) and (2), section 31 of the 2003 Act has effect as if—
(a)
in subsection (1)—
(i)
the reference to a Minister of the Crown were a reference to the Combined Authority;
(ii)
the reference to a local authority in England were a reference to a constituent council;
(b)
subsection (2) were omitted;
(c)
in subsections (3) and (4), the references to the person paying it (the grant) were references to the Combined Authority;
(d)
subsection (6) were omitted.
(7)
In this article “highway functions” means functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority.
Grants to bus service operators18.
(1)
(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.
Agreements between authorities and strategic highways companies19.
(1)
(2)
(3)
The functions referred to in paragraphs (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.
(4)
In this article—
(a)
(b)
(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.
Traffic regulation20.
(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)
(b)
(c)
(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)
(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.
Transport functions related to traffic signs and pedestrian crossings21.
(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)
(b)
is to be treated as a local traffic authority for the roads over which the functions are exercised.
(4)
(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.
Apparatus affected by highway, bridge or transport works22.
(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)
(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)
(b)
(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.
Permit schemes23.
(1)
(a)
(b)
(c)
(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)
(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.
Bus lane contraventions24.
(1)
The functions of the constituent councils in relation to each of their civil enforcement areas are exercisable by the Combined Authority in relation to the Enforcement Area.
(2)
The functions are exercisable by the Combined Authority (in relation to the Enforcement Area) concurrently with each constituent council (in relation to its civil enforcement area).
(3)
(4)
In this article—
(a)
(b)
(c)
“Enforcement Area” means the area comprising the civil enforcement areas of the constituent councils.
(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.
PART 7Additional functions
Assessment of economic conditions25.
(1)
The function of the constituent councils described in section 69 of the 2009 Act (duty to prepare an assessment of economic conditions) is exercisable by the Combined Authority in relation to the Area.
(2)
The function referred to in paragraph (1) is exercisable concurrently with the constituent councils.
(3)
Any requirement in any enactment for a constituent council to exercise such a function may be fulfilled by the exercise of that function by the Combined Authority.
(4)
The provision referred to in paragraph (1) applies to the Combined Authority as it applies to a constituent council.
Data sharing26.
(1)
(2)
(3)
The functions mentioned in paragraph (1) are exercisable concurrently with the constituent councils.
PART 8Mayoral functions
Functions exercisable only by the Mayor27.
(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—
(a)
section 17(3) of the 1985 Act;
(b)
(c)
section 31 of the 2003 Act;
(d)
section 9(2) of the 2008 Act;
(e)
sections 197, 199, 200, 202, 204, 214 to 217 and 219 to 221 of, and paragraphs 1 to 4, 6 and 8 of Schedule 21 to, the 2011 Act.
(3)
Any exercise by the Mayor of the functions corresponding to the functions contained in section 197(1) (designation of Mayoral development areas) of the 2011 Act requires the consent of—
(a)
each member of the Combined Authority appointed under paragraph 1(2) of Schedule 1 to the 2014 Order by a constituent council whose local government area contains any part of the area to be designated as a Mayoral development area or substitute members acting in place of those members; and
(b)
the Peak District National Park Authority if the Combined Authority proposes to exercise the function in respect of the whole or any part of the area of the Peak District National Park.
(4)
Any exercise by the Mayor of the functions corresponding to the functions contained in section 199(1) (exclusion of land from Mayoral development areas) of the 2011 Act in respect of any Mayoral development area requires the consent of each member of the Combined Authority appointed under paragraph 1(2) of Schedule 1 to the 2014 Order by a constituent council whose local government area contains any part of the area to be excluded from a Mayoral development area or substitute members acting in place of those members.
(5)
Any exercise by the Mayor of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 Act (functions in relation to town and country planning) in respect of any Mayoral development area requires the consent of—
(a)
each member of the Combined Authority appointed under paragraph 1(2) of Schedule 1 to the 2014 Order whose local government area contains any part of the area to be designated as a Mayoral development area or substitute members acting in place of those members; and
(b)
the Peak District National Park Authority if the Combined Authority proposes to exercise the functions in respect of the whole or any part of the area of the Peak District National Park.
(6)
Any exercise by the Mayor of the functions corresponding to the functions contained in section 17(3) of the 1985 Act (acquisition of land for housing purposes) and section 9(2) of the 2008 Act (acquisition of land) requires the consent of each member of the Combined Authority appointed under paragraph 1(2) of Schedule 1 to the 2014 Order whose local government area contains any part of the land subject to the proposed compulsory acquisition or substitute members acting in place of those members.
(7)
For the purposes of the exercise of the general functions mentioned in paragraph (2) the members and officers may assist the Mayor in the exercise of the function.
(8)
The members of the Combined Authority can amend plans made pursuant to sections 108, 109 and 112 of the Transport Act 2000 if a majority of members or substitute members acting in their place agree.
(9)
For the purpose of paragraphs (3)(a), (4), (5)(a), and (6) the consent must be given at a meeting of the Combined Authority.
(10)
For the purposes of the exercise of the functions mentioned in paragraph (2) 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).
Joint committees28.
(1)
(2)
In this article “other council” means the council for a county or district in England.
PART 9Funding
Funding
29.
(1)
Subject to paragraphs (2) and (5), 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 the functions referred to in article 27(1), 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)
(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.
Transitional provision
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)
(3)
(4)
In this article—
Conferral of Business Rate Supplements functions
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.
32.
(1)
The functions of the Combined Authority specified in article 31 are exercisable only by the Mayor.
(2)
The members or officers of the Combined Authority may assist the Mayor in the exercise of the functions specified in article 31.
(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.
Adaptation of BRS in consequence of article 31
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.
PART 10Police and Crime Commissioner functions
Police and Crime Commissioner functions34.
(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)
(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)
Transfer of police and crime commissioner functions35.
(1)
(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.
Transfer of property, rights and liabilities36.
(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)
Secondments37.
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.
Continuity38.
(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.
Foreign property etc, perfection of vesting39.
(1)
(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.
Transfers: supplementary provision40.
(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.
Extension of financial year of Police and Crime Commissioner and Chief Constable for West Yorkshire41.
(1)
(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)
(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.
Modifications to the Local Government Act 197242.
(1)
(2)
“or
(d)
ceases to be the Mayor by virtue of section 63 of the 2011 Act;”.
PART 11Amendment of the 2014 Order
Amendment of the 2014 Order
43.
Article 5 of the 2014 Order is omitted.
44.
For Schedule 1 to the 2014 Order substitute the Schedule in Schedule 7 to this Order.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
SCHEDULE 1Modification of provisions of the Apprenticeships, Skills, Children and Learning Act 2009 in their application to the Combined Authority
1.
All references to provisions in this Schedule are to provisions in the Apprenticeships, Skills, Children and Learning Act 2009.
2.
Section 86 has effect as if—
(a)
in subsection (1), for each reference to “Secretary of State” there were substituted a reference to “Combined Authority”;
(b)
subsection (1)(b) were omitted but not “and” at the end;
(c)
in subsection (1)(c), for “paragraphs (a) and (b)”, there were substituted “paragraph (a)”;
(d)
in subsection (5), the words “(except so far as relating to facilities for persons subject to adult detention)” were omitted;
(e)
in subsection (6), paragraph (c) in the definition of “training” were omitted; and
(f)
in subsection (7), the words “or (b)” were omitted.
3.
Section 87 has effect as if for each reference to “Secretary of State”, there were substituted a reference to “Combined Authority”.
4.
Section 88 has effect as if in subsections (1), (2)(b), (2A), (3), (4)(b) and (6)(a) for each reference to “Secretary of State”, there were substituted a reference to “Combined Authority”.
5.
Section 90 has effect as if—
(a)
in subsection (1), for the first reference to “Secretary of State”, there were substituted a reference to “Combined Authority”;
(b)
in subsection (1)(a), for “section 86(1)(a) and (b)”, there were substituted “section 86(1)(a)”; and
(c)
in subsection (1)(a), (b) and (c) for each reference to “Secretary of State’s remit” there were substituted the words “Combined Authority’s remit”.
6.
Section 100 has effect as if—
(a)
in subsection (1), for the reference to “Secretary of State” there were substituted “Combined Authority”;
(b)
in subsection (1)(a), for the reference to “Secretary of State’s remit” there were substituted “Combined Authority’s remit”;
(c)
in subsection (3), for each reference to “Secretary of State” there were substituted a reference to “Combined Authority”; and
(d)
in subsection (4), for the reference to “Secretary of State” there were substituted a reference to “Combined Authority”.
7.
8.
(a)
for the reference to “Secretary of State” there were substituted a reference to “Combined Authority”; and
(b)
the words “or (1A)” were omitted.
9.
(a)
for the reference to “Secretary of State”, there were substituted “Combined Authority”;
(b)
in subsection (2)(a), the word “, and” were omitted; and
(c)
in subsection (2), paragraph (b) were omitted.
10.
(a)
““Combined Authority” means the West Yorkshire Combined Authority, a body corporate established under the West Yorkshire Combined Authority Order 2014;”;
(b)
in subsection (2)—
(i)
for the reference to “Secretary of State’s remit”, there were substituted the words “Combined Authority’s remit”; and
(ii)
in paragraph (a), the words “or (b)” were omitted; and
(c)
in subsection (3)—
(i)
for the reference to “Secretary of State’s remit”, there were substituted the words “Combined Authority’s remit”; and
(ii)
paragraphs (a) and (aa) were omitted.
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 2008 Act apply in relation to the Combined Authority as modified in accordance with the following provisions.
(2)
Sections 5 (powers to provide housing or other land), 6 (powers for regeneration, development or effective use of land), 7 (powers in relation to infrastructure), 8 (powers to deal with land etc), 9 (acquisition of land), 10 (restrictions on disposal of land) and 11 (main powers in relation to acquired land) of, and Schedules 2 to 4 to, the 2008 Act, have effect as if for each reference to—
(a)
“the HCA” there were substituted a reference to “the Combined Authority”;
(b)
“Part 1” of that Act there were substituted a reference to “Part 4 of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021”; and
(c)
land acquired or held by the HCA there were substituted a reference to land acquired or held by the Combined Authority.
(3)
Sections 5, 6, 8, 9 and 10 of the 2008 Act have effect as if for every reference to “land” there were substituted a reference to “land in the area of the Combined Authority”;
(4)
““Combined Authority” means the West Yorkshire Combined Authority, a body corporate established under the West Yorkshire Combined Authority Order 2014;”.
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 in relation to the Combined Authority as modified in accordance with the following provisions.
(2)
Part 1 of Schedule 2 to the 2008 Act (compulsory acquisition of land) has effect as if for every reference to “section 9” of that Act there were substituted a reference to “article 10 of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021”;
(3)
Schedule 3 to the 2008 Act (main powers in relation to land acquired by the HCA) is to have effect as if for references to land which has been vested in or acquired by the HCA there were substituted references to land which has been vested in or acquired by the Combined Authority.
(4)
Schedule 4 to the 2008 Act (powers in relation to, and for, statutory undertakers) has effect as if for every reference to the HCA there were substituted a reference to the West Yorkshire Combined Authority.
SCHEDULE 3Modification of the application of Part 8 of the 2011 Act
1.
(1)
Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as modified in accordance with the following provisions.
(2)
““the Area” means the area of the Combined Authority;
“the Combined Authority” means the Combined Authority established by the West Yorkshire Combined Authority Order 2014;
“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 following the designation of an area of land by the Combined Authority;
“National Park” means the Peak District National Park105; and“National Park authority” means a National Park authority for a National Park.”.
(3)
Sections 197 to 222 of the 2011 Act have effect as if for each reference to—
(a)
“the Greater London Authority” there were substituted “the Combined Authority”;
(b)
“the Mayor” there were substituted “the Combined Authority” except for the occurrences in sections 197(3)(d) and (e), 199(2), 202(7)(a) and 214(4)(a); and
(c)
“MDC” there were substituted “Corporation”.
(4)
Section 197 of the 2011 Act (designation of Mayoral development areas) has effect as if—
(a)
in subsection (1) for “Greater London” there were substituted “the Area”;
(b)
in subsection (3)(a) for, “any one or more of the Greater London Authority’s principal purposes”, there were substituted “economic development and regeneration in the Area”;
(c)
in subsection (3)(d)—
(i)
for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”;
(ii)
for “the Mayor” there were substituted “the Mayor for the Area”; and
(iii)
for “subsection (4)(d), (e), (f) or (g)” there were substituted “subsection (4)(d) or (e)”;
(d)
in subsection (3)(e)—
(i)
for “the Mayor” there were substituted “the Mayor for the Area”; and
(ii)
for “the London Assembly” there were substituted “the Combined Authority”;
(e)
in subsection (3)(f) for “the London Assembly” there were substituted “the Combined Authority”;
(f)
in subsection (4)—
(i)
in paragraph (a) for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”;
(ii)
paragraph (b) were omitted;
(iii)
in paragraph (d) for “each London borough council whose borough” there were substituted “each district council whose local government area”;
(iv)
in paragraph (e) for “the Common Council of the City of London if any part of the area is within the City” there were substituted “a National Park authority if any part of the area is within a National Park,”;
(v)
paragraphs (f) and (g) were omitted;
(g)
in subsection (5)—
(i)
in paragraph (a) for “the London Assembly” there were substituted “the Combined Authority”;
(ii)
in paragraph (b) for “the London Assembly” there were substituted “the Combined Authority”;
(iii)
in paragraph (b)(i) for “the Assembly” there were substituted “the Combined Authority”;
(iv)
in paragraph (b)(ii) for “the Assembly members voting” there were substituted “all members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members) present and voting on that motion”;
(h)
in subsection (6)(c) for “Mayoral development corporation” there were substituted “Corporation”; and
(i)
subsection (7) were omitted.
(5)
Section 198 of the 2011 Act (Mayoral development corporations: establishment) has effect as if—
(a)
in the heading for “Mayoral development corporations” there were substituted “Corporations”; and
(b)
for every reference to “Mayoral development corporation” there were substituted “Corporation”.
(6)
Section 199 of the 2011 Act (exclusion of land from Mayoral development areas) has effect as if—
(a)
for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”; and
(b)
in subsection (2) for “the Mayor” there were substituted “the Mayor for the Area”.
(7)
Section 200 of the 2011 Act (transfers of property etc to a Mayoral development corporation) has effect as if—
(a)
in subsection (3)—
(i)
in paragraph (a), for “a London borough council” there were substituted “a district council wholly or partly in the Area”;
(ii)
paragraph (b) were omitted;
(iii)
in paragraphs (d) and (e), for “in Greater London” there were substituted “in the Area”;
(iv)
paragraph (k) were omitted;
(b)
in subsection (4) paragraph (b) were omitted; and
(c)
in subsection (10), the definitions of “functional body” and “public authority” were omitted.
(8)
Section 201 of the 2011 Act (object and powers) has effect as if subsection (8)(b) were omitted.
(9)
Section 202 of the 2011 Act (functions in relation to town and country planning) has effect as if—
(a)
in subsection (7)(a) for “the Mayor” there were substituted “the Mayor for the Area”;
(b)
in subsection (7)(c) for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”, and
(c)
in the definition of “affected local authority” for “(d), (e), (f) or (g)” there were substituted “(d) or (e)”.
(10)
Section 203 of the 2011 Act (arrangements for discharge of, or assistance with, planning functions) has effect as if—
(a)
for each reference to “a London borough council or the Common Council of the City of London” there were substituted “a district council, county council or a National Park authority”; and
(b)
in subsections (1) and (5), for each reference to “council” there were substituted “council or National Park Authority”.
(11)
Section 207 of the 2011 Act (acquisition of land) has effect as if—
(a)
in subsection (2) for “in Greater London” there were substituted “in the Area”; and
(b)
in subsection (3) for “the Mayor of London” there were substituted “the Combined Authority”.
(12)
Section 214 of the 2011 Act (powers in relation to discretionary relief from non-domestic rates) has effect as if—
(a)
in subsection (4)(a) for “the Mayor” there were substituted “the Mayor for the Area”;
(b)
in subsection (4)(c) for “the London Assembly or an affected local authority” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members) or a district council wholly or partly in the Area”; and
(c)
in subsection (4) the definition of “affected local authority” were omitted.
(13)
Section 216 of the 2011 Act (transfers of property, rights and liabilities) has effect as if—
(a)
in subsection (2) “, (e)” were omitted; and
(b)
in subsection (4)—
(i)
the definition of “functional body” were omitted; and
(ii)
in the definition of “permitted recipient”—
(aa)
paragraph (b) were omitted,
(bb)
in paragraph (d) for “a London borough council” there were substituted “a district council wholly or partly within the Area”, and
(cc)
paragraph (e) were omitted.
(14)
Schedule 21 to the 2011 Act (Mayoral development corporations) has effect as if—
(a)
for each reference to—
(i)
“the Mayor” there were substituted “the Combined Authority”, except for the reference in paragraph 1(1);
(ii)
“the Mayor’s” there were substituted “the Combined Authority’s”;
(b)
for each reference to “an MDC” there were substituted “the Corporation”;
(c)
in paragraph 1(1)—
(i)
for “A Mayoral development corporation (“MDC”)” there were substituted “A Corporation”;
(ii)
for the reference to “the Mayor of London (“the Mayor”)” there were substituted “the Combined Authority”;
(d)
in paragraph 1(2) for “each relevant London council” there were substituted “each relevant district council”;
(e)
in paragraph 1(3)—
(i)
sub-paragraph (a) were omitted; and
(ii)
in sub-paragraph (b) for “a London council” there were substituted “a district council”;
(f)
in paragraph 1(5), for “an MDC” there were substituted “A Corporation” and for “MDC’s” there were substituted “Corporation’s”;
(g)
in paragraph 2(5)(d) for “a relevant London council” there were substituted “a relevant district council”;
(h)
in paragraph 3—
(i)
for “an MDC” there were substituted “a Corporation”;
(ii)
for “An MDC’s” in each place in which it occurs there were substituted “A Corporation’s”; and
(iii)
for “the MDC’s” there were substituted “the Corporation’s”;
(i)
in paragraph 4(4) for “the London Assembly” there were substituted “the Combined Authority”;
(j)
in paragraph 9(c) for “each relevant London council” there were substituted “each relevant district council”; and
(k)
in paragraph 10(1)(c) the reference to “and to the London Assembly” were omitted.
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 modified as follows.
(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)
“(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)
“(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).”.
SCHEDULE 5Modifications of police and crime commissioner enactments in their application to the Mayor
PART 1Primary legislation
Police (Property) Act 1897
1.
(1)
(2)
In section 2(2A), for the last reference to “relevant body” substitute “Combined Authority”.
Trustee Investments Act 1961
2.
(1)
(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”.
Pensions (Increase) Act 1971
3.
(1)
(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”.
Local Government (Miscellaneous Provisions) Act 1976
4.
(1)
(2)
(3)
(4)
Local Government, Planning and Land Act 1980
5.
(1)
(2)
In section 99—
(a)
“(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.”;
Dartford-Thurrock Crossing Act 1988
6.
(1)
(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”.
Local Government Finance Act 1988
7.
(1)
(2)
(a)
“(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)
(3)
In section 115—
(a)
(b)
in subsection (1F)(b), for “elected local policing body’s” substitute “Combined Authority’s”;
(c)
(4)
“(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.”.
Road Traffic Act 1988
8.
(1)
(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”.
Local Government and Housing Act 1989
9.
(1)
(2)
In section 1—
(a)
(b)
(3)
In section 4—
(a)
(b)
“(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)
(d)
(4)
In section 5—
(a)
(b)
“(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)
(aa)
in sub-paragraph (i), omit “in the case of an elected local policing body”;
(bb)
omit sub-paragraph (ii);
(d)
(5)
(6)
Police Act 1996
10.
(1)
(2)
(3)
(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)
(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)
(a)
(b)
(6)
(7)
Police Reform Act 2002
11.
(1)
(2)
(3)
(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”.
Proceeds of Crime Act 2002
12.
(1)
(2)
“(aa)
a member of the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions;”.
Local Government Act 2003
13.
(1)
(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”.
Railways and Transport Safety Act 2003
14.
(1)
(2)
“(c)
a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions,”.
Local Government and Public Involvement in Health Act 2007
15.
(1)
(2)
“(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;”.
Local Democracy, Economic Development and Construction Act 2009
16.
(1)
The 2009 Act is modified as follows.
(2)
Police Reform and Social Responsibility Act 2011
17.
The Police Reform and Social Responsibility Act 2011 is modified as follows.
18.
(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”.
19.
(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”.
20.
In section 16—
(a)
“(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”.
21.
(a)
for each reference to “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”;
(b)
in subsection (6)—
(i)
“(da)
a deputy mayor under section 107C of the Local Democracy, Economic Development and Construction Act 2009157;”;
(ii)
“(i)
the Combined Authority.”;
(c)
in subsection (7)—
(i)
“(f)
calculating the PCC component council tax requirement.”;
(ii)
(d)
“(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.”.
22.
“(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.”.
23.
In section 28—
(a)
(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”.
24.
In section 29—
(a)
“(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)
“(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)
“(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”.
25.
In section 30—
(a)
in subsection (1), for “relevant police and crime commissioner” substitute “Mayor so far as acting in the exercise of PCC functions”;
(b)
“(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.”.
26.
“(b)
deputy mayor for policing and crime.”.
27.
In section 62—
(a)
“(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)
“(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)
“(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).
28.
“(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.”.
29.
“(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 2017161 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.”.
30.
(a)
“(iii)
the Combined Authority;”;
(b)
“(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 2017164 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.”.
31.
In section 70—
(a)
“(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)
“(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).
32.
In Schedule 1—
(a)
“1.
This Schedule applies in relation to the Mayor in the exercise of PCC functions.”;
(b)
“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)
(i)
for each reference to “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”;
(ii)
“(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)
“(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)
“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)
“(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)
“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.”.
33.
In Schedule 5—
(a)
in paragraph 1—
(i)
“(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)
“(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”.
34.
(a)
“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)
“(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)
“(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.”.
35.
In Schedule 7—
(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)
“4.
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.”.
36.
In Schedule 8—
(a)
“(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)
“(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.”.
Local Audit and Accountability Act 2014
37.
(1)
(2)
In Schedule 4—
(a)
“(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)
“(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.”.
PART 2Secondary legislation
Motor Vehicles (Third Party Risks) Regulations 1972
38.
(1)
(2)
“(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.”.
Official Secrets Act 1989 (Prescription) Order 1990
39.
(1)
(2)
In Schedule 2, for “a Deputy police and crime commissioner”, substitute “a deputy mayor for policing and crime”.
Police (Disposal of Sound Equipment) Regulations 1995
40.
(1)
(2)
In regulation 4(4), for “local policing body” substitute “Combined Authority”.
Police (Property) Regulations 1997
41.
(1)
(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”.
Health and Safety (Enforcing Authority) Regulations 1998
42.
(1)
(2)
In regulation 4(3)(d), for “a local policing body” substitute “the Combined Authority in relation to the Mayor’s PCC functions”.
Motor Vehicles (Driving Licences) Regulations 1999
43.
(1)
(2)
(3)
(4)
Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999
44.
(1)
(2)
“2.
The Combined Authority in relation to employees deployed wholly or partly in relation to the Mayor’s PCC functions.”.
Motor Vehicles (Access to Driver Licensing Records) Regulations 2001
45.
(1)
(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”.
Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001
46.
(1)
(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”.
Police Regulations 2003
47.
(1)
(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”.
Docking of Working Dogs’ Tails (England) Regulations 2007
48.
(1)
(2)
““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;”.
REACH Enforcement Regulations 2008
49.
(1)
(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”.
Elected Local Policing Bodies (Specified Information) Order 2011
50.
(1)
(2)
In article 1(2)—
(a)
““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)
““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)
““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)
(i)
“(b)
the PCC component;”;
(ii)
in sub-paragraph (c), for “the precept” substitute “the PCC component”;
(c)
(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)
“(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.”.
Policing Protocol Order 2011
51.
(1)
(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)
“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)
“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.”.
Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012
52.
(1)
(2)
In regulation 2—
(a)
““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 1989188;”;
(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)
“(b)
deputy mayor for policing and crime;”.
(3)
In regulation 7—
(a)
“(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)
“(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)
“(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)
“Resolution in accordance with the Combined Authority’s code of conduct29.
(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 2011189.(3)
The monitoring officer shall as soon as practicable inform the police and crime panel of the outcome of the complaint.”.
Police Appeals Tribunals Rules 2012
53.
(1)
(2)
In rule 15(4) for “relevant local policing body” substitute “Combined authority”.
Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012
54.
(1)
(2)
In regulation 3(2)—
(a)
in sub-paragraph (c), omit “or”;
(b)
in sub-paragraph (d), after “(c)” insert “, or”;
(c)
“(e)
the Combined Authority.”.
Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012
55.
(1)
(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”.
Local Government Pension Scheme Regulations 2013
56.
(1)
(2)
“(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.”.
Local Audit (Auditor Resignation and Removal) Regulations 2014
57.
(1)
(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”.
Combined Authorities (Mayors) (Filling of Vacancies) Order 2017
58.
(1)
(2)
In article 4(d)—
(a)
omit “or” at the end of paragraph (ii);
(b)
insert “or” at the end of paragraph (iii);
(c)
“(iv)
the mayor ceasing to hold office by virtue of section 63 of the Police Reform and Social Responsibility Act 2011;”.
Police Appeals Tribunals Rules 2020
59.
(1)
(2)
In rule 19(4)(c) and (d) for “relevant local policing body” substitute “Combined Authority”.
SCHEDULE 6Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions
Primary legislation
1.
2.
(a)
section 102(6) to (11);
(b)
section 223(2);
(c)
paragraph 6ZA of Part 1 of Schedule 12.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
(a)
section 3(7) and (9);
(b)
section 4A;
(c)
Schedules A1 and A2.
21.
(a)
section 1, subsections (1) to (4);
(b)
(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.
22.
23.
Secondary legislation
24.
25.
26.
27.
28.
(a)
paragraph 6 in Part 1; and
(b)
Part 4.
29.
30.
31.
32.
33.
34.
35.
36.
SCHEDULE 7
“SCHEDULE 1Constitution
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)
Reference to a two thirds majority in article 8(4) of the Combined Authorities (Finance) Order 2017234 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.”
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.