The Greater Manchester Combined Authority (Functions and Amendment) Order 2019

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

2019 No.

Local Government, England

Transport, England

The Greater Manchester Combined Authority (Functions and Amendment) Order 2019

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), 105(3), 105A(1) and (3), 107D(1) and (7), 107E(1) to (4), 114(1) and 117(5) of the Local Democracy, Economic Development and Construction Act 2009(1) (“the 2009 Act”).

The Secretary of State, having had regard to a scheme prepared and published under section 112 of the 2009 Act(2), 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(3) 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(4).

In accordance with sections 105(3A) and 105B(1) and (2) of the 2009 Act, the Greater Manchester Combined Authority (“the GMCA”) and the district councils whose areas are comprised in the area of the GMCA have consented to the making of this Order(5).

In accordance with section 107D(9) of the 2009 Act the Mayor for the area of the GMCA, the GMCA, and the district councils whose areas are comprised in the area of the GMCA 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 under 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 Cities and Local Government Devolution Act 2016 (c.1) (“the 2016 Act”). Section 105 was amended by sections 6, 9, and 14 of the 2016 Act. Section 105A was inserted by section 7 of the 2016 Act. Sections 107D and 107E were inserted by section 4 of the 2016 Act. Section 114 was amended by Schedule 5 to the 2016 Act. Section 117 was amended by section 13(2) of the Localism Act 2011 (c. 20) and Schedule 5 to the 2016 Act.

(2)

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

(3)

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

(4)

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

(5)

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), the Greater Manchester Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/612) and by the Greater Manchester Combined Authority (Amendment) Order 2018 (S. I. 2018/444).