The York and North Yorkshire Combined Authority Order 2023

PART 6 E+W Additional functions

Data sharing E+W

24.—(1) The functions of the constituent councils specified in section 17A (sharing of information) of the Crime and Disorder Act 1998(1) are exercisable by the Combined Authority in relation to the Area.

(2) The Combined Authority is a relevant authority for the purposes of section 115 (disclosure of information) of the Crime and Disorder Act 1998(2).

(3) The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.

Commencement Information

I1 Art. 24 in force at 20.12.2023, see art. 1(2)

Assessment of economic conditions E+W

25.—(1) The function of the constituent councils specified 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 that function may be fulfilled by the exercise of that function by the Combined Authority.

(4) Section 69 of the 2009 Act applies to the Combined Authority as it applies to a constituent council.

Commencement Information

I2 Art. 25 in force at 20.12.2023, see art. 1(2)

Incidental provisions E+W

26.—(1) The following provisions of the Local Government Act 1972(3) have effect as if the Combined Authority were a local authority for the purposes of those provisions—

(a) section 113 (the power to place staff at the disposal of other local authorities);

(b) section 142(2) (the power to arrange for publication of information etc relating to the functions of the Combined Authority);

(c) section 144 (the power to encourage visitors and provide conference and other facilities);

(d) section 145 (the power to provide and support cultural activities and entertainments); and

(e) section 222 (power to prosecute and defend legal proceedings).

(2) The Combined Authority has the power to exercise any of the functions described in subsection (1)(a) and (b) of section 88 of the Local Government Act 1985(4) (research and collection of information) whether or not a scheme is made under that section.

(3) For the purposes of paragraph (2), paragraphs (a) and (b) of section 88(1) of the Local Government Act 1985 have effect as if a reference to “that area” were a reference to the Area.

(4) Section 13 of the 1989 Act (voting rights of members of certain committees)(5) has effect as if—

(a) in subsection (4) after paragraph (h) there were inserted—

“(i) subject to subsection (4A), a committee appointed by the York and North Yorkshire Combined Authority.”;

(b) after subsection (4) there were inserted—

“(4A) A person who is a member of a committee falling within paragraph (i) of subsection (4) or a sub-committee appointed by such a committee shall for all purposes be treated as a non-voting member of that committee or sub-committee unless that person is a member of one of the constituent councils.”.

(5) In Part 2 of Schedule 3 to the Local Government Pension Scheme Regulations 2013(6), in the table insert at the end—

“An employee of the York and North Yorkshire Combined Authority established by the York and North Yorkshire Combined Authority Order 2023

North Yorkshire Council”.

(6) The functions of the constituent councils under section 1 of the 2011 Act, to the extent that those functions are exercisable for the purpose of economic development and regeneration, are exercisable by the Combined Authority in relation to the Area.

(7) The functions referred to in paragraph (6) are exercisable concurrently with the constituent councils.

(8) 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.

Commencement Information

I3 Art. 26 in force at 20.12.2023, see art. 1(2)

(1)

1998 c. 37. Section 17A was inserted by section 22 of, and paragraph 5 of Schedule 9 to, the Police and Justice Act 2006 (c. 48).

(2)

Section 115 was amended by section 74 of, and paragraphs 150 and 151 of Part 2 of Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c. 43); section 97 of the Police Reform Act 2002 (c. 30); section 219 of the Housing Act 2004 (c. 34); section 22 of, and paragraph 7 of Schedule 9 to, the Police and Justice Act 2006; section 29 of the Transport for London Act 2008 (c. 1); section 99 of, and paragraphs 231 and 238 of Part 3 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011; section 55 of, and paragraphs 83 and 90 of Schedule 5 to, the Health and Social Care Act 2012 (c. 7); section s 6 and 9 of and paragraph 80 of Schedule 1 and paragraph 106 of Schedule 2 to the Policing and Crime Act 2017; and by S.I. 2000/90, S.I. 2002/2469, S.I. 2007/961, S.I. 2008/912, S.I. 2010/866 and S.I. 2013/602.

(3)

1972 c. 70.

(4)

1985 c. 51.

(5)

Section 13 was amended by paragraph 1 of Schedule 21(II) and paragraph 96 of Schedule 37(I) to the Education Act 1993 (c. 35); by paragraph 36 of Schedule 4(I) and by paragraph 1 of Schedule 9(I) to the Police and Magistrates’ Courts Act 1994; by paragraph 1 of Schedule 24 to the Environment Act 1995 (c. 25); by paragraph 96 of Schedule 37(I) and by paragraph 1 of Schedule 38(I) to the Education Act 1996 (c. 56); by paragraph 22 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31); by paragraph 1 of Schedule 5(4) to the Children Act 2004 (c. 31); by paragraph 81 of Schedule 6 to the 2009 Act; by paragraph 14 of Schedule 14 and by paragraph 1 of Schedule 22(4) to the Marine and Coastal Access Act 2009 (c. 23); by paragraph 15 of Schedule 8 to the Public Service Pensions Act 2013 (c. 25); by S.I. 2001/1517; by section 7 of the Policing and Crime Act 2017; and by S.I. 2010/1158.

(6)

S.I. 2013/2356. There are amendments to Part 2 which are not relevant to this instrument.