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.
15.—(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 Combined Authority.
(3) No appointment under paragraph (1) may extend beyond—
(a)the term of office for which the Mayor who made the appointment was elected; or
(b)where the Mayor who made the appointment 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 (assistants for political groups(2)), apply in relation to an appointment under paragraph (1) as if—
(a)any appointment to that post were the appointment of a person in pursuance of that section; and
(b)the Combined Authority were a relevant authority for the purposes of that section.
(6) Subsection (3) of section 9 of the 1989 Act applies 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.
16.—(1) Subject to paragraphs (2) and (5), the constituent councils must ensure that the costs of the Combined Authority reasonably attributable to the exercise of its functions 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 article 14(1), to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined Authority.
(3) Any amount payable by each of the constituent councils to ensure that the costs of the Combined Authority 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 accordance with the proportion to the total resident population of the Combined Authority which resides in the area of each constituent council at the relevant date as estimated by the Statistics Board(3).
(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 Combined Authority 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; and
(b)any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992 is to be disregarded from any calculation of the costs of the expenditure.
(5) The costs of the Combined Authority reasonably attributable to the exercise of its functions relating to transport must be met by means of a levy issued by the Authority to the constituent councils under section 74 of the Local Government Finance Act 1988 and in accordance with the Transport Levying Bodies Regulations 1992(4).
(6) For the purposes of paragraph (3) 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.
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.
Section 9 was amended by sections 61 and 204 of, and paragraph 2 of Schedule 2 to, the Local Government and Public Involvement in Health Act 2007 and by S.I. 2001/2237. There are other amendments not relevant to this Order.
Section 25 of the Statistics and Registration Service Act 2007 (c. 18) provides that the Statistics Board is responsible for the functions in section 19 of the Registration Service Act 1953 (c. 37).