The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020

Functions exercisable only by the Mayor

14.—(1) The functions of the Combined Authority set out in paragraph (2) are general functions exercisable only by the Mayor(1).

(2) The functions referred to in paragraph (1) are the functions of the Combined Authority corresponding to the functions in the following enactments—

(a) sections 197, 199, 200, 202, 204, 214 to 217, 219 to 221 of and paragraphs 1 to 4, 6 and 8 of Schedule 21 to the 2011 Act; and

(b) section 31 of the 2003 Act.

(3) Any exercise by the Mayor of the functions corresponding to the functions contained in section 197(1) (designation of Mayoral development areas) of the 2011 Act requires the consent of—

(a) all members of the Combined Authority appointed by a constituent council whose local government area contains any part of the area to be designated as a Mayoral development area; or

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

(4) Any exercise by the Mayor of the functions corresponding to the functions contained in section 199(1) (exclusion of land from Mayoral development areas) of the 2011 Act in respect of any Mayoral development area requires the consent of—

(a) all members of the Combined Authority appointed by a constituent council whose local government area contains any part of the area to be excluded from a Mayoral development area; or

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

(5) Any exercise by the Mayor of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 Act (functions in relation to town and country planning) in respect of any Mayoral development area requires the consent of—

(a) the Peak District National Park Authority if the Combined Authority proposes to exercise the functions in respect of the whole or any part of the area of the Peak District National Park; and

(b) each member of the Combined Authority appointed by a constituent council, or a substitute member acting in place of that member, whose local government area contains the whole or any part of the area in respect of which the Combined Authority proposes to exercise the functions.

(6) For the purposes of the exercise of the general function mentioned in paragraph (2)(b)—

(a) the Mayor must consult the Combined Authority before exercising the function; and

(b) members and officers may assist the Mayor in the exercise of the function.

(7) Subject to paragraphs (8) and (9), the Mayor may do anything that the Combined Authority may do under Chapter 1 of Part 1 of the 2011 Act (general powers of authorities) for the purposes of the exercise by the Mayor of general functions.

(8) Any exercise by the Mayor of the general power conferred by paragraph (7) which involves the transfer of property, rights and liabilities of the Combined Authority to or from any of the constituent authorities requires the consent of—

(a) all members of the Combined Authority appointed by the constituent councils, or

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

(9) Any exercise by the Mayor of the general power conferred by paragraph (7) which involves the preparation and publication of a document including a statement formulating the Mayor’s strategy for spatial development in the Area requires the consent of—

(a) all members of the Combined Authority appointed by the constituent councils, or

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

(10) For the purpose of paragraphs (3), (4), (5)(b), (8) and (9), the consent must be given at a meeting of the Combined Authority.

(1)

Section 107D(2) of the 2009 Act provides that in Part 6 of that Act references to “general functions”, in relation to a Mayor for the area of a combined authority, are to any functions exercisable by the Mayor other than police and crime commissioner functions.