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

Article 8

SCHEDULE 2 Constitution of joint transport committee

Membership of joint transport committee

1.—(1) The Combined Authority must appoint—

(a) three members of the joint transport committee in accordance with sub-paragraphs (2) and (3); and

(b) three members to act as members of the joint transport committee in the absence of the members appointed under sub-paragraph (a) (“substitute committee member”) .

(2) One of the members appointed by the Combined Authority must be the Mayor, unless the Mayor agrees otherwise.

(3) The members appointed by the Combined Authority must be members or substitute members of that authority excluding the Local Enterprise Partnership Member appointed under paragraph 1(5) of Schedule 1.

(4) The Durham, Gateshead, South Tyneside and Sunderland Combined Authority must appoint—

(a) four members of the joint transport committee in accordance with sub-paragraph (5); and

(b) four members to act as members of the joint transport committee in the absence of the members appointed under sub-paragraph (a)(“substitute committee member”).

(5) The members appointed by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority must be members or substitute members of that authority excluding the Local Enterprise Partnership Member appointed under paragraph 1(5) of Schedule 1 to the 2014 Order.

(6) In this paragraph “substitute members” means the substitute members of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or of the Combined Authority appointed under paragraph 1(2) of Schedule 1 to the 2014 Order or paragraph 1(2) of Schedule 1 of this Order.

Chair and vice-chair of the joint transport committee

2.—(1) The joint transport committee must in each year appoint a chair from among its members and the appointment is to be the first business transacted after the appointment of members of the joint transport committee, at the first meeting of the joint transport committee, and in subsequent years at the annual meeting of the joint transport committee.

(2) A person ceases to be chair of the joint transport committee if they cease to be a member of the joint transport committee.

(3) If a vacancy arises in the office of chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the joint transport committee, or, if that meeting is to be held the period of 14 days beginning with the day on which the vacancy arose, at the meeting following that meeting.

(4) The joint transport committee must appoint a vice-chair from among its members and the appointment of the vice-chair is to be the first business transacted after the appointment of members of the joint transport committee and the chair of the joint transport committee, at the first meeting of the joint transport committee, and in subsequent years at the annual meeting of the joint transport committee.

(5) A person ceases to be vice-chair of the joint transport committee if they cease to be a member of the joint transport committee.

(6) If a vacancy arises in the office of vice-chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the joint transport committee, or, if that meeting is to be held the period of 14 days beginning with the day on which the vacancy arose, at the meeting following that meeting.

Proceedings of joint transport committee

3.—(1) Subject to the following sub-paragraphs, any questions that are to be decided by the joint transport committee are to be decided by a majority of the members and substitute committee members, acting in place of members, present and voting on that question at a meeting of the joint transport committee.

(2) No business may be transacted at a meeting of the joint transport committee unless at least two members or substitute committee members appointed by the Combined Authority and two members or substitute committee members appointed by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority are present.

(3) Each member or substitute committee member acting in that member’s place, is to have one vote and no member or substitute committee member is to have a casting vote.

(4) If a vote is tied on any matter it will be deemed not to have been carried.

(5) Questions relating to the following matters require a unanimous vote in favour by all members, or substitute committee members acting in place of those members, to be carried—

(a) the adoption of any transport plan under section 108(3) of the Transport Act 2000 and the alteration or replacement of that plan under section 109(1) and (2) of that Act;

(b) approval of, or any amendment to, or withdrawal of, spending plans related to the functions conferred on the joint transport committee under article 9(1);

(c) setting of any transport levy under section 74 of the Local Government Finance Act 1988 and in accordance with regulations made thereunder;

(d) allocation of local transport plan funding to the individual constituent councils and the Tyne and Wear Passenger Transport Executive; and

(e) the delegation of functions referred to in article 9(2).

(6) For the purpose of this article, “constituent council” means the councils for the local government areas of Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland.

Overview and scrutiny committee of the joint transport committee

4.—(1) The joint transport committee must establish a committee as an overview and scrutiny committee of the joint transport committee.

(2) The joint transport committee must appoint at least two members of each of the constituent councils of the Combined Authority and the Durham, Gateshead, South Tyneside and Sunderland Combined Authority to be members of the overview and scrutiny committee of the joint transport committee.

(3) The joint transport committee must appoint an independent person to be the chair of the overview and scrutiny committee of the joint transport committee or a sub-committee of such a committee.

(4) The overview and scrutiny committee of the joint transport committee must not include any substitute committee member of the joint transport committee.

(5) Schedule 5A to the 2009 Act (combined authorities: overview and scrutiny committees and audit committees) applies in relation to the overview and scrutiny committee of the joint transport committee as if—

(a) the overview and scrutiny committee of the joint transport committee were an overview and scrutiny committee of a combined authority for the purposes of that Schedule;

(b) for paragraph 1(1) there were substituted—

“(1) This Schedule relates to the arrangements made by the joint transport committee under paragraph 4 of Schedule 2 to the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 for the appointment by the joint transport committee of one or more committees of the joint transport committee (referred to in this Schedule as overview and scrutiny committees).”;

(c) in paragraph 1(2)—

(i) for “combined authority’s” there were substituted “joint transport committee’s”;

(ii) for “authority” in each place there were substituted “joint transport committee”;

(iii) in sub-paragraph (c) for “the authority’s area” there were substituted “the area of the councils for the local government areas of Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland”;

(d) paragraph 1(3) were omitted;

(e) in paragraph 1(4) “and (3)(a)” were omitted;

(f) in paragraph 1(5) for “a combined authority” there were substituted “the joint transport committee”;

(g) in paragraph 1(6) for “combined authority” there were substituted “joint transport committee”;

(h) in paragraph 1(7)—

(i) for “combined authority” there were substituted “joint transport committee”;

(ii) after “Schedule” there were inserted “or paragraph 4 of Schedule 2 to the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018”;

(i) in paragraph 2 for “a combined authority” in each place there were substituted “the joint transport committee”;

(j) in paragraph 2(3) for “a combined authority may not include a member of the authority (including, in the case of a mayoral combined authority, the mayor for the authority’s area or deputy mayor)” there were substituted “the joint transport committee may not include a member of the joint transport committee”;

(k) in paragraph 2(6)(a)—

(i) for “members or officers of the authority” there were substituted “members or officers of the joint transport committee”;

(ii) there were omitted “(including, in the case of a mayoral combined authority, the mayor for the authority’s area and deputy mayor)”.

(l) paragraph 3 were omitted;

(m) in paragraph 4(1) for “a combined authority must arrange for the appointment by the authority” there were substituted “the joint transport committee must arrange for the appointment by the committee”;

(n) in paragraph 4(2)(a) to (c) for “authority’s” there were substituted “joint transport committee’s”;

(o) in paragraph 4(2)(d) for “combined authority” there were substituted “joint transport committee”; and

(p) paragraphs 4(3) and (4) were omitted.

5.—(1) The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017(1) is modified in relation to the Combined Authority in accordance with the following sub-paragraphs.

(2) Article 2(1) (interpretation) has effect as if—

(a) after the definition of “excluded matter” there were inserted—

““joint transport committee” means the joint transport committee appointed under article 8 of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018.”;

(b) for the definition of “member” there were substituted—

““member” in relation to membership of an overview and scrutiny committee of the joint transport committee includes the chair of that overview and scrutiny committee.”.

(3) Article 3 (overview and scrutiny committees) has effect as if—

(a) in paragraph (1) for the reference to “combined authority’s overview and scrutiny committee must be members of that combined authority’s constituent councils” there were substituted “overview and scrutiny committee of the joint transport committee must be members of the constituent councils of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or the Newcastle Upon Tyne, Northumberland and North Tyneside Combined Authority”;

(b) in paragraph (4) for the reference to “combined authority” there were substituted “joint transport committee”.

(4) Article 4 (appointment of members) is to have effect as if for each reference to “combined authority” there were substituted “joint transport committee”.

(5) Article 5 (appointment of chair) is to have effect as if—

(a) for paragraph (2) there were substituted—

“(2) A person is independent if the person—

(a) is not a member, co-opted member or officer of—

(i) the joint transport committee;

(ii) the Durham, Gateshead, Sunderland and South Tyneside Combined Authority; or

(iii) the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority;

(b) is not a member, co-opted member or officer of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority or a parish council for which a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority is the principal authority;

(c) is not a relative, or close friend, of a person within paragraph (a) or (b); and

(d) was not at any time during the period of five years ending with an appointment as chair of the overview and scrutiny committee under arrangements made by the joint transport committee in accordance with paragraph 3(4)(a) of Schedule 5A to the 2009 Act—

(i) a member, co-opted member or officer of the joint transport committee; Durham, Gateshead, Sunderland and South Tyneside Combined Authority; or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority or

(ii) a member, co-opted member or officer of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority or a parish council for which a constituent council is the principal authority.”; and

(b) in paragraph (3), for “combined authority” there were substituted “joint transport committee”;

(6) Article 6 (reference of matters to overview and scrutiny committees) is to have effect as if—

(a) for paragraph (1) there were substituted—

“(1) The joint transport committee must ensure that it enables—

(a) any member of an overview and scrutiny committee to refer to the committee any matter which is relevant to the functions of the committee;

(b) any member of a sub-committee of an overview and scrutiny committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee;

(c) any member of the joint transport committee to refer to an overview and scrutiny committee any matter which is relevant to the functions of the joint transport committee and is not an excluded matter; and

(d) any member of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside or Northumberland Combined Authority to refer to an overview and scrutiny committee any matter which is relevant to the functions of the committee and is not an excluded matter.”; and

(b) in paragraphs (2) and (3) for “combined authority” there were substituted “joint transport committee”.

(7) Article 7 (duty of combined authority and mayor to respond to overview and scrutiny committee) is to have effect as if—

(a) for each reference to “a combined authority” there were substituted “the joint transport committee”; and

(b) each reference to “or the mayor” were omitted.

(8) Article 8 (confidential and exempt information) is to have effect as if—

(a) in paragraph (1)(a)(ii) for “a combined authority or the mayor” there were substituted “the joint transport committee”;

(b) in paragraph (1)(b) for “a combined authority or to a member of a constituent council or a non-constituent council, by an overview and scrutiny committee or a combined authority or the mayor” there were substituted “the joint transport committee or to a member of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or of the Newcastle Upon Tyne, North Tyneside or Northumberland Combined Authority, by an overview and scrutiny committee or the joint transport committee”;

(c) in paragraph (2) for “combined authority, or the mayor” there were substituted “joint transport committee”;

(d) in paragraph (3) for “the combined authority, or the mayor, in providing a copy of a document to a member of the combined authority or to a member of a constituent council or a non-constituent council” there were substituted “the joint transport committee, in providing a copy of a document to a member of the joint transport committee or to a member of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or of the Newcastle Upon Tyne, North Tyneside or Northumberland Combined Authority”;

(e) in paragraphs (4) and (5) for “combined authority” there were substituted “joint transport committee”; and

(f) in paragraph (6) for “authority” there were substituted “joint transport committee”.

(9) Article 9 (scrutiny officer) is to have effect as if—

(a) in paragraphs (1) and (2) for each reference to “a combined authority” there were substituted “the joint transport committee; and

(b) for paragraph (3) there were substituted—

“(3) The joint transport committee may not designate as the scrutiny officer any officer of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or of the Newcastle Upon Tyne, North Tyneside or Northumberland Combined Authority.”.

(10) Article 10 (additional rights of access to documents for members of overview and scrutiny committees) has effect as if—

(a) each reference to “or the mayor” were omitted; and

(b) for each reference to “combined authority” there were substituted “joint transport committee”.

(11) Article 11 (key decisions) is to have effect as if—

(a) for paragraph (1)(a) there were substituted—

“(a) a “key decision” means a decision of a decision maker, which in the view of the overview and scrutiny committee for the joint transport committee is likely—

(i) to result in the joint transport committee incurring significant expenditure, or the making of significant savings, having regard to the joint transport committee’s budget for the service or function to which the decision relates; or

(ii) to be significant in terms of its effects on persons living or working in an area comprising two or more wards or electoral divisions in the area of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or of the Newcastle Upon Tyne, North Tyneside or Northumberland Combined Authority;”;

(b) in paragraph (2)(a) for “the responsibility of the combined authority” there were substituted “exercisable by the joint transport committee”; and

(c) in paragraph (3) for “combined authority” there were substituted “the joint transport committee”.

(12) Articles 12 (general exception) and 13 (cases of special urgency) is to have effect as if for each reference to “combined authority” there were substituted “joint transport committee”.

(13) Article 14 (audit committees) has effect as if there were substituted—

“Audit committees

14.— (1) In appointing members to an audit committee the joint transport committee must ensure that the members of the committee taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among members of the constituent councils of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority and of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority when taken together.

(2) An audit committee appointed by the joint transport committee may not include any officer of the joint transport committee; Durham, Gateshead, Sunderland and South Tyneside Combined Authority; Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority or of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority.

(3) The joint transport committee must appoint to an audit committee at least one independent person.

(4) For the purposes of appointments under paragraph (3), a person is independent if the person—

(a) is not a member, co-opted member or officer of the joint transport committee; the Durham, Gateshead, Sunderland and South Tyneside Combined Authority; the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority or of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority;

(b) is not a member, co-opted member or officer of a parish council for which the constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority is the principal authority;

(c) is not a relative, or close friend, of a person within sub-paragraph (a) or (b); and

(d) was not at any time during the period of five years ending with an appointment under paragraph (3)—

(i) a member, co-opted member or officer of the joint transport committee; the Durham, Gateshead, Sunderland and South Tyneside Combined Authority; the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority or of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority; or

(ii) a member, co-opted member or officer of a parish council for which the constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority is the principal authority.

(5) The joint transport committee is entitled to make an appointment under paragraph (3) where—

(a) the vacancy for the audit committee has been advertised in such manner as the joint transport committee considers is likely to bring it to the attention of the public;

(b) the person has submitted to the joint transport committee an application to fill the vacancy, and

(c) the person’s appointment has been approved by a majority of the members of the joint transport committee.

(6) A person appointed under paragraph (3) does not cease to be independent as a result of being paid any amounts by way of allowances or expenses in connection with performing the duties of the appointment.

(7) The joint transport committee must determine a minimum number of members required to be present at a meeting of the audit committee before business may be transacted, to be no fewer than two-thirds of the total number of members of the audit committee.”.

(14) The joint transport committee must appoint at least one member of each of the constituent councils of the Combined Authority and the Durham, Gateshead, South Tyneside and Sunderland Combined Authority to be members of the audit committee of the joint transport committee.

(1)

S.I. 2017/68.