The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order establishes the Newcastle Upon Tyne, North Tyneside and Northumberland 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 of a local authority under section 105 of the 2009 Act, and power to exercise specified functions of any other public authority under section 105A of the 2009 Act.

Part 2 of the Order establishes the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (“the Combined Authority”) and provides for there to be mayor for the area of the Combined Authority. Schedule 1 to the Order makes provision about the constitution of the Combined Authority.

Part 3 of the Order concerns the transport functions of the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority and the Combined Authority. The transport functions that were vested in the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority in respect of the area of the Combined Authority are to be transferred to the Combined Authority. In order to ensure transport functions continue to be dealt with on an integrated basis across the areas of the Combined Authorities, they will be required to make decision on such functions through a joint transport committee. Schedule 2 makes provision for the constitution of the joint transport committee.

Part 4 of and Schedule 3 to the Order confer on the Combined Authority functions in relation to housing and regeneration which are to be exercised concurrently with the Homes and Communities Agency.

Part 5 of and Schedule 4 to the Order confer on the Combined Authority functions corresponding to those of the Mayor of London in relation to the designation of a Mayoral development area. Schedule 4 to the Order modifies Part 8 of and Schedule 21 to the Localism Act 2011 which makes 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 on the Combined Authority functions in relation to education, skills and training and other functions of the Combined Authority’s area by the constituent councils. The functions are to be exercisable concurrently with the Combined Authority.

Part 7 makes additional provision for the Mayor for the area of the Combined Authority and funding. Article 26 sets out the functions of the Combined Authority which are to be only exercisable by the Mayor, and article 27 makes provision for the funding, by the constituent councils, of the costs of the Combined Authority and the Mayor.

Part 7 of the Order also gives effect to Schedule 5 which makes amendments to the 2014 Order to amend the boundary of the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority by removing the local government areas of Newcastle Upon Tyne, North Tyneside and Northumberland. The existing Combined Authority is renamed the Durham, Gateshead, South Tyneside and Sunderland Combined Authority. Schedule 5 also makes consequential amendments to the 2014 Order as a result of the establishment of the joint transport committee.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.