The Greater Manchester Combined Authority (Amendment) Order 2018

Draft Order laid before Parliament under section 117(2) of the Local Democracy, Economic Development and Construction Act 2009, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2018 No.

Local Government, England

The Greater Manchester Combined Authority (Amendment) Order 2018

Made

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104(1)(a), 107G, 114(1) and 117(5) of, and paragraph 6 of Schedule 5C to, the Local Democracy, Economic Development and Construction Act 2009(1) (“the 2009 Act”).

In accordance with section 104(10) of the 2009 Act, the councils whose local government areas are comprised in the area of the Greater Manchester Combined Authority and the Greater Manchester Combined Authority have consented to the making of this Order(2).

The Secretary of State, having regard to a scheme prepared and published under section 112 of the 2009 Act(3), considers that—

(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 Act(4) has been carried out.

In making this Order, the Secretary of State has had regard to the need to reflect the identities and interests of local communities, and the need to secure effective and convenient local Government(5).

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.

(1)

2009 c. 20. Section 104 was amended by sections 8 and 14 of, and Schedule 5 to, the 2016 Act. Article 17(2) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2017 provides that for the purposes of section 104(1)(a) of the Local Democracy, Economic Development and Construction Act 2009 (constitution) (c. 20), section 84(2)(a) of the Local Transport Act 2008 (constitutional arrangements) (c. 26) applies in relation to a committee or sub-committee of the GMCA as it applies to members of the GMCA. Section 107G was inserted by section 5 of the 2016 Act. Section 114 was amended by Schedule 5 to the 2016 Act. Subsections (2), (2A) and (3) of section 117 were substituted by section 13 of the 2016 Act, Schedule 5C was inserted by section 4(2) of, and Schedule 2 to, the 2016 Act and subsections (1A) and (5) were inserted by paragraph 29 of Schedule 5 to the 2016 Act.

(2)

This Order relates to the Greater Manchester Combined Authority, which was established by the Greater Manchester Combined Authority Order 2011 (S.I. 2011/908) as amended by the Greater Manchester Combined Authority (Amendment) Order 2015 (S.I. 2015/960), the Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267) and by the Greater Manchester Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/612).

(3)

Section 112 was amended by sections 6 and 23 of, and paragraphs 17 and 23 of Schedule 5 to, the 2016 Act.

(4)

Section 113 was amended by sections 12, 14 and 23 of, and paragraph 24 of Schedule 5 to, the 2016 Act.

(5)

Section 113(3) of the 2009 Act requires the Secretary of State, when making an order under sections 104, 105, 106 or 107 in relation to an existing combined authority, to have regard to these matters.