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

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 ISBN 978-0-11-117236-0

PART 2Establishment of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority

Establishment of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority and renaming of the former Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority

3.—(1) The Combined Authority is established for the combined area.

(2) The Combined Authority is to be a body corporate and to be known as the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority.

(3) The functions of the Combined Authority are those functions conferred or imposed upon it by this Order or by any enactment (whenever passed or made), or as may be delegated to it by or under this Order or any other enactment (whenever passed or made).

(4) The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority established by article 3 of the 2014 Order is to be known as the Durham, Gateshead, South Tyneside and Sunderland Combined Authority.

Constitution of the Combined Authority

4.  Schedule 1 (which makes provision about the constitution of the Combined Authority) has effect.

Mayor

5.—(1) There is to be a Mayor for the combined area.

(2) The first election for the return of a Mayor is to take place on 2nd May 2019.

(3) Subsequent elections for the return of a Mayor must take place—

(a)on the ordinary day of election in 2024; and

(b)in each subsequent fourth year on the same day as the ordinary day of election.

(4) The Mayor’s term of office—

(a)begins with the fourth day after the day of the poll at the election for the return of a Mayor for the combined area; and

(b)ends with the third day after the day of the poll at the next election for the return of a Mayor for the combined area.

(5) In this article, “the ordinary day of election”, in relation to any year, means the day which is the ordinary day of election in that year of councillors for counties in England and districts in accordance with sections 37 and 37A of the Representation of the People Act 1983(1).

Political advisers

6.—(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.

(1)

1983 c. 2. Section 37 was amended by section 18 (2) of the Representation of the People Act 1985 (c.50), section 17 of and Schedule 3 to the Greater London Authority Act 1999 (c. 29),section 60(1) of the Local Government and Public Involvement in Health Act 2007 (c. 28) and section 6(16) of the Wales Act 2017 (c.4). Section 37A was inserted by section 60(2) of the Local Government and Public Involvement in Health Act 2007.

(2)

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.

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