EXPLANATORY NOTE
(This note is not part of the Order)
This Order establishes the Hull and East Yorkshire Combined Authority (“the Combined Authority”) and provides for the election of a Mayor and the conferral of functions of local authorities and other public authorities on the Combined Authority.
Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”) provides for the establishment of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate which may be given power to exercise specified functions in their area.
The Secretary of State may only establish a combined authority for an area where a proposal for such an authority has been submitted under section 109A of the 2009 Act. This Order has been made following the publication of such a scheme on 2nd January 2024 by the constituent councils (being the councils for the local government areas of East Riding of Yorkshire and the city of Kingston upon Hull) whose areas together make up the area of the new combined authority.
Part 2 of the Order provides for the creation of the Combined Authority, the election of a Mayor and the appointment of a political adviser and makes constitutional provision.
Part 3 of the Order confers on the Combined Authority functions relating to transport. It transfers functions relating to local transport planning and public transport from the local authorities to the Combined Authority and makes provision for specified highways and traffic powers held by the local authorities to be exercised concurrently by the Combined Authority. It confers powers for the Mayor to pay grants, including to bus service operators.
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. Article 17 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 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 7 of the Order makes provision for the funding, by the constituent councils, of those costs of the Combined Authority that relate to the exercise of its functions. Article 24 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 8 confers a number of additional functions (data sharing and assessment of economic conditions) to be exercisable by the Combined Authority. The conferred functions are to be exercised concurrently with the constituent councils. It also makes incidental provision.
A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of the business and voluntary sectors. 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.