The Greater Manchester Combined Authority (Functions and Amendment) Order 2016

PART 1 General

Citation and commencement

1.—(1) This Order may be cited as the Greater Manchester Combined Authority (Functions and Amendment) Order 2016.

(2) Save as provided in paragraph (3) this Order comes into force on the day after the day on which it is made.

(3) Articles 11, 14(3) and (4), 15, 16 and 17 come into force on 8th May 2017.

Interpretation

2.  In this Order—

“the 1980 Act” means the Highways Act 1980(1);

“the 1985 Act” means the Housing Act 1985(2);

“the 1989 Act” means the Local Government and Housing Act 1989(3);

“the 1990 Act” means the Town and Country Planning Act 1990(4);

“the 1996 Act” means the Education Act 1996(5);

“the 1999 Act” means the Greater London Authority Act 1999(6);

“the 2000 Act” means the Transport Act 2000(7);

“the 2004 Act” means the Planning and Compulsory Purchase Act 2004(8);

“the 2008 Act” means the Housing and Regeneration Act 2008(9);

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;

“the 2011 Order” means the Greater Manchester Combined Authority Order 2011(10);

“the Area” means the area of the GMCA;

“constituent councils” means the district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan;

“the E&SA 2008” means the Education and Skills Act 2008(11);

“the GMCA” means the Greater Manchester Combined Authority, a body corporate established by the 2011 Order(12);

“the HCA” means the Homes and Communities Agency(13);

“Interim Mayor” has the meaning given by article 2 of the 2011 Order; and

“the Mayor” means the mayor for the Area(14) except where the reference is to the Mayor of London.

PART 2 Spatial development strategy

Spatial development strategy

3.—(1) The GMCA shall have, in relation to the Area, functions corresponding to the functions in the 1999 Act that the Mayor of London has in relation to Greater London, which are specified in the following provisions of the 1999 Act—

(a) section 334 (the spatial development strategy);

(b) section 335 (public participation)(15);

(c) section 336 (withdrawal);

(d) section 337 (publication)(16);

(e) section 338 (examination in public)(17);

(f) section 339 (review of matters affecting the strategy);

(g) section 340 (reviews of the strategy);

(h) section 341 (alteration or replacement)(18);

(i) section 342 (matters to which the Mayor is to have regard);

(j) section 346 (monitoring and data collection)(19); and

(k) section 348 (mayor’s functions as to planning around Greater London).

(2) The exercise by the GMCA of the functions corresponding to the functions in sections 335 (public participation), 336 (withdrawal), 337 (publication) and 341 (alteration or replacement) of the 1999 Act requires a unanimous vote in favour by all members of the GMCA appointed by the constituent councils, or substitute members acting in place of those members, to be carried at a meeting of the GMCA.

Adaptation of enactments in consequence of article 3

4.—(1) This article has effect in consequence of article 3(1).

(2) Part 8 of the 1999 Act applies in relation to the preparation and publication of a spatial development strategy by the GMCA as it applies in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 1 of Schedule 1.

(3) Sections 343 (regulations) and 420 of the 1999 Act (orders and regulations) apply in relation to the functions of the Secretary of State to make regulations by statutory instrument under section 343(1) with respect to all or any of the following —

(a) the form and content of the spatial development strategy published by the GMCA;

(b) the documents (if any) the Secretary of State requires to accompany the spatial development strategy published by the GMCA;

(c) the procedure to be followed by the GMCA in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy, or in connection with any review under section 339 as modified by Part 1 of Schedule 1; and

(d) the procedure to be followed at an examination in public examining matters affecting the consideration of the spatial development strategy,

as they apply in relation to the functions of the Secretary of State to make such regulations in relation to the spatial development strategy published by the Mayor of London.

(4) Subject to paragraph (6) and to Schedule 1, in any enactment passed or made on or before the day on which article 3 comes into force—

(a) any reference to a spatial development strategy; or

(b) any reference which falls to be read as a reference to a spatial development strategy,

is to be treated as including a reference to a strategy prepared and published in accordance with the function conferred by article 3(1).

(5) Sections 19 (preparation of local development documents), 24 (conformity with regional strategy), 37 (interpretation), 38 (development plan) and 113 (validity of strategies, plans and documents) of the 2004 Act(20) apply in relation to the preparation and publication of a spatial development strategy by the GMCA as they apply in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 2 of Schedule 1.

(6) Paragraph (4) does not apply to—

(a) section 41 of the 1999 Act (general duties of the Mayor in relation to his strategies)(21);

(b) section 356A of the 1999 Act (London Waste and Recycling Board)(22);

(c) section 10 of the London Olympic Games and Paralympic Games Act 2006(23); and

(d) the Town and Country Planning (London Spatial Development Strategy) Regulations 2000(24).

PART 3 Housing and regeneration

Conferral of functions corresponding to functions that the HCA has in relation to the Area

5.—(1) The functions of the HCA which are specified in the following provisions of the 2008 Act are to be functions of the GMCA that are exercisable in relation to the Area—

(a) section 5 (powers to provide housing or other land);

(b) section 6 (powers for regeneration, development or effective use of land);

(c) section 7 (powers in relation to infrastructure);

(d) section 8 (powers to deal with land etc);

(e) section 9 (acquisition of land);

(f) section 10 (restrictions on disposal of land);

(g) section 11 (main powers in relation to acquired land)(25);

(h) section 12 (powers in relation to, and for, statutory undertakers);

(i) paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc); and

(j) paragraphs 1, 2, 3, 4, 6, 10 and 20 of Schedule 4 (extinguishment or removal powers for the HCA).

(2) The GMCA is to exercise the functions contained in the provisions specified in paragraph (1) for the purposes of or for purposes incidental to the following objects—

(a) to improve the supply and quality of housing in the Area;

(b) to secure the regeneration or development of land or infrastructure in the Area;

(c) to support in other ways the creation, regeneration or development of communities in the Area or their continued well-being; and

(d) to contribute to the achievement of sustainable development and good design in the Area,

with a view to meeting the needs of people living in the Area.

(3) The functions contained in the provisions specified in paragraph (1) are—

(a) exercisable concurrently with the HCA, and

(b) subject to Schedules 2 and 3 to the 2008 Act.

(4) In paragraph (2) “good design” and “needs” have the meanings given by section 2(2) of the 2008 Act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

(5) Section 23(3) of the Land Compensation Act 1961(26) (compensation where planning decision made after acquisition) applies in relation to an acquisition by the GMCA as it applies to the HCA.

Acquisition and appropriation of land for planning and public purposes

6.—(1) The functions of the constituent councils specified in the following provisions as applied by article 8(2) to (6) are exercisable by the GMCA in relation to the Area—

(a) section 226 of the 1990 Act (compulsory acquisition of land for development and other planning purposes)(27);

(b) section 227 of the 1990 Act (acquisition of land by agreement);

(c) section 229 of the 1990 Act (appropriation of land forming part of common, etc);

(d) section 230(1)(a) of the 1990 Act (acquisition of land for purposes of exchange);

(e) section 232 of the 1990 Act (appropriation of land held for planning purposes);

(f) section 233 of the 1990 Act (disposal by local authorities of land held for planning purposes)(28);

(g) section 235 of the 1990 Act (development of land held for planning purposes);

(h) section 236 of the 1990 Act (extinguishment of rights over land compulsorily acquired)(29);

(i) section 237 of the 1990 Act (power to override easements and other rights)(30);

(j) section 238 of the 1990 Act (use and development of consecrated land);

(k) section 239 of the 1990 Act (use and development of burial grounds);

(l) section 241 of the 1990 Act (use and development of open spaces);

(m) section 17 of the 1985 Act (acquisition of land for housing purposes)(31); and

(n) section 18 of the 1985 Act (duties with respect to buildings acquired for housing purposes).

(2) The functions are exercisable concurrently with the constituent councils.

Condition on the exercise of the functions conferred by articles 5 and 6

7.  The exercise of the functions in section 17 of the 1985 Act (insofar as this function is exercised for the compulsory purchase of land), section 9(2) of the 2008 Act and section 226 of the 1990 Act by the GMCA requires the consent of —

(a) all members of the GMCA appointed by the constituent councils whose area contains any part of the land subject to the proposed compulsory acquisition, or

(b) substitute members acting in place of those members,

to be provided at a meeting of the GMCA.

Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act

8.—(1) This article has effect in consequence of articles 5 and 6.

(2) The provisions set out in section 17 of the 1985 Act (acquisition of land for housing purposes) apply to the GMCA as they apply to a constituent council.

(3) For the purposes of article 6(1)(m) and (n) the GMCA is to be treated as a local housing authority for the Area(32).

(4) Part 9 of the 1990 Act (acquisition and appropriation of land for planning purposes, etc) applies in relation to the GMCA and land which has been vested in or acquired by the GMCA for planning and public purposes as it applies to a constituent council and land vested in or acquired by a constituent council for planning and public purposes.

(5) Chapters 1 and 2 of Part 1 of the 2008 Act apply in relation to the powers of the GMCA to acquire land for housing and infrastructure under the functions specified in article 5(1) and land acquired by the GMCA under those functions as they apply to the HCA and land acquired by the HCA with the modifications made by Parts 1 and 2 of Schedule 2.

(6) Schedule 2 sets out how the provisions in the 2008 Act as modified by paragraph (5) apply.

PART 4 Transport

Highways functions

9.—(1) The functions of the constituent councils under the following provisions of the 1980 Act are exercisable by the GMCA in relation to the Area—

(a) section 6(33)(powers to enter into agreements with the Minister or strategic highways companies relating to the exercise of functions with respect to trunk roads etc); and

(b) section 8(34)(power to enter into agreements with local highway authorities and strategic highways companies for the doing of certain works).

(2) The functions are exercisable concurrently with the constituent councils.

(3) For the purposes of paragraph (1)(b), section 8(3) of the 1980 Act has effect as if the words “another highway authority” and “that other highway authority” were replaced with “the GMCA”.

Road Safety

10.—(1) The functions of the constituent councils under section 39(2) and (3) of the Road Traffic Act 1988(35) (duties of local authorities to prepare and carry out a programme of measures designed to promote road safety, and carry out studies into accidents arising out of the use of vehicles on certain roads within their areas) are exercisable by the GMCA in relation to the Area.

(2) The functions are exercisable concurrently with the constituent councils.

Grants to bus service operators

11.—(1) Subject to paragraphs (2) to (4), the GMCA shall have in relation to the Area a function corresponding to the function in section 154(1) of the 2000 Act (grants to bus service operators) which the Secretary of State has in relation to England.

(2) For the purpose of paragraph (1), section 154(1) of the 2000 Act shall have effect as if “with the approval of the Treasury” were omitted.

(3) Grants made under paragraph (1) must be—

(a) calculated in accordance with such method as may be provided by any regulations made by the Secretary of State by virtue of section 154(2) of the 2000 Act; and

(b) subject to sub-paragraph (a), of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by the Secretary of State by virtue of section 154(3) of the 2000 Act and notified to the GMCA.

(4) Grants must not be made under paragraph (1) to the extent that eligible bus services operate outside the Area.

(5) In this article, “eligible bus services” has the meaning given by section 154(5) of the 2000 Act.

PART 5 Additional functions

Education, skills and training functions

12.—(1) The functions of the constituent councils contained in the following provisions are exercisable by the GMCA in relation to the Area—

(a) section 51A of the Further and Higher Education Act 1992 (duty to provide for named individuals: England)(36);

(b) section 13A of the 1996 Act (duty to promote high standards and fulfilment of potential)(37);

(c) section 15A of the 1996 Act (powers in respect of education and training for 16 to 18 year olds)(38);

(d) section 15B of the 1996 Act (functions in respect of education for persons over 19)(39);

(e) section 10 of the E&SA 2008 (local authority to promote fulfilment of duty imposed by section 2)(40);

(f) section 12 of the E&SA 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2)(41);

(g) section 68 of the E&SA 2008 (support services: provision by local authorities)(42);

(h) section 70 of the E&SA 2008 (local authorities: supplementary powers)(43); and

(i) section 71 of the E&SA 2008 (provision of support on conditional basis: learning and support agreements)(44).

(2) The functions are exercisable concurrently with the constituent councils.

(3) 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 GMCA.

Culture

13.—(1) The functions of the constituent councils under section 145 of the Local Government Act 1972 (provision of entertainments)(45) are exercisable by the GMCA in relation to the Area.

(2) The functions are exercisable concurrently with the constituent councils.

(3) 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 GMCA.

PART 6 Funding

Funding

14.—(1) The constituent councils must ensure that the costs of the GMCA reasonably attributable to the exercise of the functions mentioned in articles 5 (save for the function in section 9(2) of the 2008 Act), 6(1)(b) to (l) and (n), 12 and 13 are met.

(2) Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of the functions specified in articles 3, 5 (in relation only to the function in section 9(2) of the 2008 Act), 6(1)(a) and (m), and 11, to the extent that the Mayor has not decided to meet these costs from other resources available to the GMCA.

(3) Any amount payable by each of the constituent councils to ensure that the costs of the GMCA referred to in paragraphs (1) and (2) are met is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in proportion to the total resident population of the GMCA which resides in that council at the relevant date as estimated by the Statistics Board(46).

(4) In relation to the expenditure mentioned in paragraph (2)—

(a) to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (3)—

(i) the Mayor must agree with the GMCA the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure; and

(ii) in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred.

(b) any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992(47) is to be disregarded from any calculation of the costs of the expenditure.

(5) The functions mentioned in articles 9 and 10 are to be funded out of the levy issued by the GMCA to the constituent councils under section 74 of the Local Government Finance Act 1988(48) and in accordance with the Transport Levying Bodies Regulations 1992(49).

(6) For the purposes of this article the relevant date in relation to a payment for a financial year is 30th June in the financial year which commenced two years prior to the financial year in which such payment is made.

PART 7 Functions of the GMCA exercisable only by the Mayor; political advisers

General functions of the GMCA exercisable only by the Mayor

15.—(1) The following functions(50) are general functions exercisable only by the Mayor(51)—

(a) the functions of the GMCA in the following enactments—

(i) section 17 of the 1985 Act (acquisition of land for housing purposes) insofar as this function is exercised for the compulsory purchase of land;

(ii) section 226 of the 1990 Act (compulsory acquisition of land for development and other planning purposes);

(iii) section 9(2) of the 2008 Act (acquisition of land);

(b) the functions of the GMCA corresponding to the functions specified in—

(i) sections 334 to 342 ((the spatial development strategy); (public participation); (withdrawal); (publication); (examination in public); (review of matters affecting the strategy); (reviews of the strategy); (alteration or replacement); (matters to which the Mayor is to have regard)) and 346 (monitoring and data collection) of the 1999 Act; and

(ii) section 154(1) of the 2000 Act (grants to bus service operators).

(2) For the purposes of the exercise of the general functions mentioned in paragraph (1) the Mayor may do anything that the GMCA may do under section 113A of the 2009 Act (general power of EPB or combined authority)(52).

(3) The exercise by the Mayor of the functions mentioned in paragraph (1)(a) requires the consent of —

(a) all members of the GMCA appointed by the constituent councils whose area contains any part of the land subject to the proposed compulsory acquisition; or

(b) substitute members acting in place of those members,

to be provided at a meeting of the GMCA.

(4) The exercise by the Mayor of the functions corresponding to the functions specified in sections 335 (public participation), 336 (withdrawal), 337 (publication) and 341 (alteration or replacement) of the 1999 Act requires a unanimous vote in favour by all members of the GMCA appointed by the constituent councils, or substitute members acting in place of those members, to be carried at a meeting of the GMCA.

(5) In respect of arrangements made under section 107D(3)(b) of the 2009 Act (functions of mayors: general) in relation to the functions specified in paragraph (1)—

(a) the Greater Manchester Passenger Transport Executive(53) is to be treated as if it were an officer of the GMCA; and

(b) the mayor must not make such arrangements in relation to a political adviser appointed under article 16(1).

(6) Anything which, immediately before 8th May 2017, is in the process of being done by or in relation to the GMCA or by or in relation to a constituent council for the purposes of or in connection with the functions mentioned in paragraph (1), is to be treated as having been done by or in relation to the Mayor.

Political advisers

16.—(1) The Mayor may appoint one person as the Mayor’s political adviser.

(2) Any appointment under paragraph (1) is an appointment as an employee of the GMCA.

(3) No appointment under paragraph (1) shall extend beyond—

(a) the term of office for which the Mayor who made the appointment was elected; or

(b) where the Mayor who appointed the political adviser ceases to be the Mayor before the end of the term of office for which the Mayor was elected, the date on which the Mayor ceases to hold that office.

(4) A person appointed under paragraph (1) is to be regarded for the purposes of Part 1 of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under a local authority.

(5) Subject to paragraph (6), section 9(1), (8), (9) and (11) of the 1989 Act(54)(assistants for political groups), shall apply in relation to an appointment under paragraph (1) as if—

(i) any appointment to that post were the appointment of a person in pursuance of that section; and

(ii) the GMCA were a relevant authority for the purposes of that section.

(6) Subsection (3) of section 9 of the 1989 Act shall apply in relation to an appointment under paragraph (1) as if the words “and that the appointment terminates” to the end of that subsection were omitted.

PART 8 Amendment of the Greater Manchester Combined Authority Order 2011

Amendments of the Greater Manchester Combined Authority Order 2011

17.—(1) The 2011 Order is amended as follows—

(2) In article 2 (interpretation)—

(a) omit the definition “acting Interim Mayor”;

(b) omit the definition “Interim Mayor” ;

(c) after the definition of “ITA” insert —

““Mayor” means the mayor for the area of the GMCA”.

(3) In paragraph (3) of article 3 (establishment), after “or as may be delegated to it by”, insert “or under”.

(4) Schedule 1 (constitution) is amended as follows—

(a) paragraph 1A (interim mayor) is omitted;

(b) in paragraph 2 (chair and vice-chair(s)) for sub-paragraph (1) substitute —

“(1) The GMCA may appoint one or more vice-chairs from among its members and any appointments are to be the first business transacted at the annual meeting of the GMCA.”;

(c) paragraph 2A (chair and vice chair(s) – Interim Mayor) is omitted;

(d) in paragraph 3 (proceedings)—

(i) in sub-paragraph (1), after “sub-paragraphs” insert “(2A), (2B),”;

(ii) after sub-paragraph (2) insert—

“(2A) Questions relating to functions exercised pursuant to sections 335, 336, 337, and 341 of the Greater London Authority Act 1999 as applied by the Greater Manchester Combined Authority (Functions and Amendment) Order 2016 require a unanimous vote in favour by all members, or substitute members acting in place of those members, appointed by the constituent councils to be carried.

(2B) Questions relating to expenditure in respect of amounts payable under arrangements made under article 14(4)(a) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2016 require at least 7 votes in favour by members, or substitute members acting in place of those members, appointed by the constituent councils to be carried.”

(iii) in sub-paragraph (3), for “7” substitute “8”;

(iv) in sub-paragraph (4), for “10” substitute “11”;

(v) omit sub-paragraphs (6) to (9); and

(e) the final paragraph (remuneration) of Schedule 1 is renumbered as paragraph 6, and in sub-paragraph (3) of that paragraph omit “Interim”.

Signed by authority of the Secretary of State for Communities and Local Government

Bourne of Aberystwyth

Parliamentary Under Secretary of State

Department for Communities and Local Government

22nd December 2016