- Draft legislation
This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.
This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 26th November 2024 and published on 26th November 2024 (ISBN 978-0-348-26619-1). It is being issued free of charge to all known recipients of that draft Statutory Instrument.
Draft Order laid before Parliament pursuant to section 117(2) and (3A) of the Local Democracy, Economic Development and Construction Act 2009, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
Local Government, England
Transport, England
Made
Coming into force in accordance with article 1(2) and (3)
The Secretary of State makes the following Order in exercise of the powers conferred by sections 103(1), 104(1), 104C(1) and (6), 105(1) and (3), 105A(1), (2), (3) and (7), 107A(1), 107B(1), 107D(1), (3)(c)(ii), (4), (5), (7) and (8), 107E(1) to (4), 107G(5)(b) and (6), 114(1) and (3) and 117(1A) and (5) of, paragraph 3 of Schedule 5A to, and paragraph 3 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009(1) (“the 2009 Act”).
The Secretary of State, having regard to a proposal prepared and submitted under section 109A of the 2009 Act, considers that—
(a)the making of this Order is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the Area (as that term is defined in this Order);
(b)the making of this Order is appropriate having regard to the need—
(i)to secure effective and convenient local government, and
(ii)to reflect the identities and interests of local communities;
(c)the establishment of the Combined Authority will achieve the purposes set out in the proposal prepared and submitted under section 109A of the 2009 Act;
(d)no consultation is required by section 110(2) of the 2009 Act(2).
The Secretary of State is satisfied that the area to which this Order relates meets the conditions set out in section 103(2) and (5) of the 2009 Act.
In accordance with sections 104(10), 105(3A), 107D(9) and 110(1)(b) of the 2009 Act, the councils for the local government areas of the city of Kingston upon Hull and East Riding of Yorkshire have consented to the making of this Order.
In accordance with section 105B(9) of the 2009 Act, the Secretary of State has laid before Parliament a report explaining the effect of the order and why the Secretary of State considers it appropriate to make the order.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) and (3A) of the 2009 Act.
1.—(1) This Order may be cited as the Hull and East Yorkshire Combined Authority Order 2025.
(2) Save as provided in paragraph (3) this Order comes into force on the day after the day on which it is made.
(3) The provisions of Part 6 (Mayoral functions) come into force on 6th May 2025.
2. In this Order and in any modifications to legislation made by this Order—
“the 1980 Act” means the Highways Act 1980(3);
“the 1985 Act” means the Housing Act 1985(4);
“the 1989 Act” means the Local Government and Housing Act 1989(5);
“the 1990 Act” means the Town and Country Planning Act 1990(6);
“the 1999 Act” means the Greater London Authority Act 1999(7);
“the 2000 Act” means the Transport Act 2000(8);
“the 2003 Act” means the Local Government Act 2003(9);
“the 2004 Act” means the Traffic Management Act 2004(10);
“the 2007 Regulations” means the Traffic Management Permit Scheme (England) Regulations 2007(11);
“the 2008 Act” means the Housing and Regeneration Act 2008(12);
“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;
“the 2011 Act” means the Localism Act 2011(13);
“the 2023 Act” means the Levelling-up and Regeneration Act 2023(14);
“the BRS Act” means the Business Rate Supplements Act 2009(15);
“Area” means the area of the Combined Authority;
“Combined Authority” means the Hull and East Yorkshire Combined Authority as established by article 3;
“constituent councils” means the councils for the local government areas(16) of East Riding of Yorkshire and the city of Kingston upon Hull;
“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, as applied by article 19(1) this Order, following the designation of an area of land by the Combined Authority;
“election for the return of the mayor” means an election held pursuant to article 4;
“the HCA” has the meaning given in article 15(1);
“lead member” means the member designated pursuant to paragraph 1(2) of Schedule 1;
“member” is to be interpreted in line with paragraph 1 of Schedule 1;
“the Mayor” means the mayor for the Area, except in the term “Mayor of London”.
3.—(1) There is established as a body corporate a combined authority for the areas of the constituent councils.
(2) The combined authority is to be known as the Hull and East Yorkshire Combined Authority.
(3) The functions of the Combined Authority are those functions conferred or imposed upon it by or under this Order or any other 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.—(1) There is to be a mayor for the Area.
(2) The first election for the return of the Mayor is to take place on 1st May 2025.
(3) Subsequent elections for the return of the Mayor for the Area must take place in every fourth year thereafter on the same day as the ordinary day of election.
(4) The term of office of the Mayor returned at an election for the return of a mayor for the Area in 2025—
(a)begins with 6th May 2025;
(b)ends, subject to paragraph (8), with the third day after the day of the poll at the next election for the return of the Mayor for the Area.
(5) The term of office of the Mayor returned in each subsequent fourth year—
(a)begins, subject to paragraph (7), with the fourth day after the day of the poll at the election for the return of the Mayor for the Area;
(b)ends, subject to paragraph (8), with the third day after the day of the poll at the next election for the return of the Mayor for the Area.
(6) In this article “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 and districts in England as determined in accordance with section 37 of the Representation of the People Act 1983(17).
(7) Where for the purposes of paragraph (5)(a) the fourth day would otherwise be a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, a bank holiday under the Banking and Financial Dealings Act 1971(18) in England and Wales or a day appointed as a day of public thanksgiving or mourning, the fourth day is instead deemed to be the first day thereafter which is not one of those specified days.
(8) Where paragraph (7) applies the reference in paragraphs (4)(b) and (5)(b) to the third day is deemed to be the day before the day deemed to have effect in accordance with paragraph (7).
5.—(1) The Mayor may appoint one person as their 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) Section 9(1), (8), (9) and (11) of the 1989 Act (assistants for political groups)(19) applies 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 from “and that the appointment terminates” to the end of that subsection were omitted.
6. Schedule 1 makes provision about the constitution of the Combined Authority.
7.—(1) The following functions are exercisable by the Combined Authority in relation to the Area—
(a)the functions of the constituent councils specified in Parts 4 (local passenger transport services) and 5 (financial provisions) of the Transport Act 1985(20);
(b)the functions of the constituent councils as local transport authorities specified in Part 2 (local transport) of the 2000 Act.
(2) Subject to paragraphs (3) and (4), the functions specified in—
(a)Parts 4 and 5 of the Transport Act 1985;
(b)sections 108 and 109 of the 2000 Act;
(c)sections 112 to 159 of the 2000 Act,
are exercisable by the Combined Authority instead of by the constituent councils.
(3) During the transition period—
(a)the functions mentioned in paragraph (2)(a) and (c) are exercisable by the Combined Authority concurrently with the constituent councils;
(b)the exercise of the functions mentioned in paragraph (2)(b) requires at least three of the members to vote in favour.
(4) The functions contained in section 108(1)(b), (2ZA) and (3B), and section 109(4) of the 2000 Act(21) are exercisable by the Combined Authority concurrently with the constituent councils, subject to the modifications set out in paragraph (5).
(5) The modifications referred to in paragraph (4) are—
(a)in section 108(1)(b), the reference to “those policies” is a reference to the policies developed under section 108(1)(a) of the 2000 Act in accordance with the functions conferred on the Combined Authority by paragraph (1)(b);
(b)in section 108(3B), the reference to “their plan” is a reference to the local transport plan prepared under section 108(3) in accordance with the functions conferred on the Combined Authority by paragraph (1)(b);
(c)in section 109(4), the reference to “their local transport plan” is a reference to the local transport plan prepared under section 108(3) in accordance with the functions conferred on the Combined Authority by paragraph (1)(b).
(6) For the purposes of paragraph (3), “the transition period” means the period commencing when this Order comes into force and ending immediately before 31st March 2026.
8.—(1) The following functions are exercisable by the Combined Authority in relation to the Area—
(a)the functions of the constituent councils specified in section 6 of the 1980 Act (powers to enter into agreements with the Minister or strategic highways companies relating to the exercise of functions with respect to trunk roads etc)(22);
(b)the functions of the constituent councils as local highway authorities specified in section 8 of the 1980 Act (power to enter into agreements with local highway authorities and strategic highways companies for the doing of certain works)(23).
(2) The functions mentioned in paragraph (1) are exercisable concurrently with the constituent councils.
(3) Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the function is to be exercised.
9.—(1) The functions of the constituent councils as enforcement authorities specified in the following enactments are exercisable by the Combined Authority in relation to the area comprising the civil enforcement areas of the constituent councils—
(a)Part 6 (civil enforcement of road traffic contraventions) of the 2004 Act, insofar as it applies to a civil enforcement area designated under paragraphs 9 (designation of civil enforcement areas for bus lane contraventions) or 10 of Schedule 8 (civil enforcement areas and enforcement authorities outside Greater London) to that Act;
(b)the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022(24);
(c)the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022(25).
(2) The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with each constituent council (in relation to its civil enforcement area).
(3) In this article—
“civil enforcement area” means an area designated as a civil enforcement area under Part 2 of Schedule 8 to the 2004 Act (civil enforcement areas and enforcement authorities) and which falls within the Area;
“enforcement area” means the area comprising all of the civil enforcement areas of the constituent councils;
“enforcement authority” means an enforcement authority for the purposes of Part 6 of the 2004 Act pursuant to paragraphs 9(4) or 10(5) of Schedule 8 to that Act.
(4) Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
10.—(1) Subject to paragraphs (2) to (4), the function of the Secretary of State set out in section 154(1) (grants to bus service operators) of the 2000 Act is exercisable by the Combined Authority in relation to the Area.
(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 by virtue of the function conferred by 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;
(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 Combined Authority.
(4) Grants must not be made by virtue of the function conferred by paragraph (1) to the extent that eligible bus services operate outside the Area.
(5) The function mentioned in paragraph (1) is exercisable concurrently with the Secretary of State in relation to the Area.
(6) In this article, “eligible bus services” has the meaning given by section 154(5) of the 2000 Act.
11.—(1) The functions of the constituent councils as local highway authorities specified in the following provisions of the 2004 Act are exercisable by the Combined Authority in relation to the Area—
(a)section 33 (preparation of permit schemes)(26);
(b)section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)(27);
(c)section 36 (variation and revocation of permit schemes)(28).
(2) The functions of the constituent councils as Permit Authorities specified in the 2007 Regulations are exercisable by the Combined Authority in relation to the Area.
(3) The functions mentioned in paragraphs (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.
(4) Part 3 of the 2004 Act (permit schemes) applies in relation to the preparation, implementation, variation and revocation of permit schemes by the Combined Authority as it applies in relation to the preparation, implementation, variation and revocation of permit schemes by a constituent council as a local highway authority, subject to the modifications in Schedule 2 to this Order.
(5) The 2007 Regulations apply in relation to the content, preparation, operation, variation and revocation of permit schemes by the Combined Authority as they apply in relation to the content, preparation, operation, variation and revocation of permit schemes by a constituent council as a Permit Authority.
(6) For the purposes of paragraph (5), references in the 2007 Regulations to a Permit Authority are to be read as including references to the Combined Authority.
(7) In this article—
“Permit Authority” has the same meaning as in regulation 2(1) of the 2007 Regulations;
“permit scheme” is to be construed in accordance with section 32 of the 2004 Act.
(8) Any exercise of the functions conferred by paragraphs (1) and (2) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
12.—(1) The functions of a Minister of the Crown specified in section 31 of the 2003 Act (power to pay grant) are functions of the Combined Authority that are exercisable in relation to the Area.
(2) The functions are exercisable by the Combined Authority concurrently with a Minister of the Crown.
(3) Paragraph (4) applies where, in exercising functions referred to in paragraphs (1), the Combined Authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions.
(4) In determining that amount, the Combined Authority must have regard to the desirability of ensuring that the constituent council has sufficient funds to facilitate the effective discharge of those highway functions.
(5) To comply with paragraph (4), the Combined Authority must take into account any other sources of funding available to the constituent council for expenditure incurred or to be incurred in relation to the exercise of its highway functions.
(6) For the purposes of the exercise by the Combined Authority of the functions referred to in paragraph (1), section 31 of the 2003 Act has effect as if—
(a)in subsection (1)—
(i)the reference to a “Minister of the Crown” were a reference to the Combined Authority;
(ii)the reference to a “local authority in England” were a reference to a constituent council;
(b)subsection (2) were omitted;
(c)subsection (6) were omitted.
(7) In this article, “highway functions” means functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority.
13.—(1) The Combined Authority may direct a constituent council about the exercise of an eligible power.
(2) A direction under paragraph (1) must relate only to the exercise of an eligible power in respect of a key route network road in—
(a)the Area;
(b)the area of the constituent council subject to the direction.
(3) A direction under paragraph (1) must relate only to any one or more of—
(a)the provision of information about the exercise of an eligible power which the constituent council has or might reasonably be expected to acquire;
(b)the imposition on a constituent council of requirements relating to procedures to be followed prior to the exercise of an eligible power;
(c)the imposition on a constituent council of requirements relating to the obtaining of consent prior to the exercise of an eligible power;
(d)the imposition on a constituent council of conditions subject to which an eligible power may be exercised (including conditions relating to the times at which, and the manner in which, an eligible power may be exercised);
(e)a requirement to exercise an eligible power (including a requirement to exercise an eligible power subject to conditions);
(f)a prohibition on the exercise of an eligible power.
(4) A direction that relates to paragraph (3)(e) has no effect unless the Combined Authority meets the cost of complying with the direction.
(5) Before giving a direction under paragraph (1) the Combined Authority must consult the constituent council that is to be the subject of the direction.
(6) Any direction given by virtue of paragraph (1)—
(a)must be given in writing and may be varied or revoked by a further direction in writing;
(b)may make different provision for different cases and different provision for different areas.
(7) The Combined Authority may not direct a constituent council to take any action which they would not otherwise be able to take in relation to the exercise of an eligible power.
(8) In this article—
“eligible power” has the meaning given by section 88(2) of the Local Transport Act 2008 (conferral of a power to direct)(29);
“key route network road” has the meaning given by section 107ZA(9) of the 2009 Act(30).
14.—(1) The Sub-national Transport Body (Transport for the North) Regulations 2018(31) are amended in accordance with paragraph (2).
(2) In regulation 2(1) (interpretation) in the definition of “constituent authorities”—
(a)omit “Kingston upon Hull City Council” and “The East Riding of Yorkshire Council”;
(b)after “Greater Manchester Combined Authority”, insert “The Hull and East Yorkshire Combined Authority”.
15.—(1) The functions of or relating to the Homes and Communities Agency (“the HCA”) which are specified in the following provisions of the 2008 Act as applied by article 17(3) are to be functions of or relating to the Combined Authority 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 19 (power to give financial assistance);
(h)paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc);
(i)paragraphs 1, 2, 3, 4, 6 (extinguishment or removal powers for the HCA), 10 (counternotices) and 20 (notification of proposal to make order) of Schedule 4.
(2) The Combined Authority must exercise the functions set out in the provisions specified in paragraph (1) for the purposes of, or for purposes incidental to the objectives of—
(a)improving the supply and quality of housing in the Area;
(b)securing the regeneration or development of land or infrastructure in the Area;
(c)supporting in other ways the creation, regeneration or development of communities in the Area or their continued well-being;
(d)contributing 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 described in the provisions specified in paragraph (1) are exercisable concurrently with the HCA.
(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.
16.—(1) The functions of the constituent councils specified in the following provisions as applied by article 17(1) and (2) are exercisable by the Combined Authority in relation to the Area—
(a)section 8 of the 1985 Act (periodical review of housing needs)(32);
(b)section 11 of the 1985 Act (provision of board and laundry facilities)(33);
(c)section 12 of the 1985 Act (provision of shops, recreation grounds, etc)(34);
(d)section 17 of the 1985 Act (acquisition of land for housing purposes)(35);
(e)section 18 of the 1985 Act (duties with respect to buildings acquired for housing purposes);
(f)section 226 of the 1990 Act (compulsory acquisition of land for development and other planning purposes)(36);
(g)section 227 of the 1990 Act (acquisition of land by agreement);
(h)section 229 of the 1990 Act (appropriation of land forming part of common, etc);
(i)section 230(1)(a) of the 1990 Act (acquisition of land for purposes of exchange);
(j)section 232 of the 1990 Act (appropriation of land held for planning purposes);
(k)section 233 of the 1990 Act (disposal by local authorities of land held for planning purposes)(37);
(l)section 235 of the 1990 Act (development of land held for planning purposes);
(m)section 236 of the 1990 Act (extinguishment of rights over land compulsorily acquired)(38);
(n)section 238 of the 1990 Act (use and development of consecrated land)(39);
(o)section 239 of the 1990 Act (use and development of burial grounds);
(p)section 241 of the 1990 Act (use and development of open spaces).
(2) The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.
17.—(1) For the purposes of sub-paragraphs (a) to (e) of article 16(1), the Combined Authority is to be treated as a local housing authority for the Area(40) and acts of a local housing authority that is not the Combined Authority may be taken to be acts of the Combined Authority for these purposes.
(2) Part 9 of the 1990 Act (acquisition and appropriation of land for planning purposes, etc) applies in relation to the Combined Authority, and land which has been vested in or acquired by the Combined Authority for planning and public purposes, as it applies to a constituent council and land which has been vested in or acquired by a constituent council for planning and public purposes.
(3) Chapters 1 and 2 of Part 1 of, section 19 of and Schedules 2 to 4 to, the 2008 Act apply in relation to the powers of the Combined Authority to acquire land for housing and infrastructure as they apply to the HCA and land acquired by the HCA with the modifications made by Parts 1 and 2 of Schedule 3 to this Order (Modifications of the 2008 Act).
18.—(1) The Combined Authority has, in relation to the Area, functions corresponding to the functions described in the provisions in the 2011 Act referred to in paragraph (2) that the Mayor of London has in relation to Greater London.
(2) The provisions in the 2011 Act referred to in paragraph (1) are—
(a)section 197 (designation of Mayoral development areas);
(b)section 199 (exclusion of land from Mayoral development areas);
(c)section 200 (transfers of property etc to a Mayoral development corporation)(41);
(d)section 202 (functions in relation to town and country planning)(42);
(e)section 204 (removal or restriction of planning functions);
(f)section 214 (powers in relation to discretionary relief from non-domestic rates);
(g)section 215 (reviews);
(h)section 216 (transfers of property, rights and liabilities)(43);
(i)section 217 (dissolution: final steps);
(j)section 219 (guidance by the Mayor);
(k)section 220 (directions by the Mayor);
(l)section 221 (consents);
(m)paragraph 1 of Schedule 21 (membership);
(n)paragraph 2 of Schedule 21 (terms of appointment of members);
(o)paragraph 3 of Schedule 21 (staff);
(p)paragraph 4 of Schedule 21 (remuneration etc: members and staff);
(q)paragraph 6 of Schedule 21 (committees);
(r)paragraph 8 of Schedule 21 (proceedings and meetings).
19.—(1) Section 198 of the 2011 Act applies with the modifications made by paragraph 1 of Schedule 4 to this Order.
(2) Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as it applies in relation to the Mayor of London, with the modifications made by Schedule 4 to this Order.
(3) Chapter 2 of Part 8 of the 2011 Act applies in relation to a Corporation as it applies in relation to a Mayoral development corporation, with the modifications made by paragraph 2 of Schedule 4 to this Order.
(4) Subject to paragraph (7), in any enactment (whenever passed or made)—
(a)any reference to a Mayoral development corporation;
(b)any reference which falls to be read as a reference to a Mayoral development corporation,
is to be treated as including a reference to a Corporation.
(5) For the purposes of any transfer scheme relating to a Corporation under any provisions of the 2011 Act applied with modifications by this Order, paragraph 9 of Schedule 24 to the 2011 Act (transfers under scheme under section 17, 200(1) or (4) or 216(1)) applies in relation to—
(a)any property, rights or liabilities transferred to or from a Corporation in accordance with a transfer scheme;
(b)anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a Corporation in accordance with such a transfer scheme.
(6) For the purposes of establishing a Corporation, giving the Corporation a name, giving effect to any decisions notified to the Secretary of State under sections 199(4) (exclusion of land from Mayoral development areas), 202(8) (decisions about planning functions), or 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 Act or in relation to the transfer of land to or from a Corporation under any provision of the 2011 Act, applied with modifications by this Order, section 235 of the 2011 Act (orders and regulations) applies in relation to—
(a)the power of a Secretary of State to make an order under sections 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a Mayoral development corporation) of that Act;
(b)the power of the Treasury to make regulations under paragraph 9(2) of Schedule 24 to that Act,
as it applies in relation to the establishment of a Mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the Secretary of State (under sections 199(4), 202(8) and 214(6) of the 2011 Act) or in relation to the transfer of land to or from a Mayoral development corporation.
(7) Paragraph (4) does not apply to—
(a)paragraph 9(8)(a) of Schedule 2 to the Channel Tunnel Rail Link Act 1996 (works: further and supplementary provisions)(44);
(b)section 31(1A) of the 1999 Act (limits of the general power)(45);
(c)section 38 of the 1999 Act (delegation)(46);
(d)section 60A(3) of the 1999 Act (confirmation hearings etc for certain appointments by the Mayor)(47);
(e)section 68(6) of the 1999 Act (disqualification and political restriction)(48);
(f)section 73 of the 1999 Act (monitoring officer)(49);
(g)section 403B of the 1999 Act (acquisition of land by MDC and TfL for shared purposes)(50);
(h)section 424 of the 1999 Act (interpretation)(51);
(i)section 24(4) of the Planning and Compulsory Purchase Act 2004 (conformity with spatial development strategy)(52);
(j)paragraph 8(8)(a) of Schedule 2 to the Crossrail Act 2008 (works: further and supplementary provisions)(53).
(8) In this article, “scheme” means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 Act.
20.—(1) The following provisions of the 1989 Act apply in relation to a Corporation as if it were a local authority—
(a)section 1 (disqualification and political restriction of certain officers and staff)(54);
(b)sections 2 and 3A (politically restricted posts and exemptions from restriction)(55) so far as they have effect for the purposes of section 1.
(2) Section 5 of the 1989 Act (designation and reports of monitoring officer)(56) applies in relation to the Combined Authority as if a Corporation were a committee of the Combined Authority.
(3) Section 32 of the 2003 Act applies in relation to expenditure of a Corporation as if—
(a)each reference to a functional body were a reference to a Corporation;
(b)each reference to the Greater London Authority were a reference to the Combined Authority;
(c)each reference to the Mayor of London were a reference to the Mayor;
(d)subsection (7) were omitted.
21.—(1) The functions of the Combined Authority specified in paragraph (2) are general functions exercisable only by the Mayor.
(2) The functions referred to in paragraph (1) are the those corresponding to the functions set out in the following enactments—
(a)section 17(3) of the 1985 Act;
(b)sections 108 (local transport plans), 109 (further provision about plans: England), 112 (plans and strategies: supplementary) and 154(1) (grants to bus service operators) of the 2000 Act;
(c)section 31 (power to pay grant) of the 2003 Act;
(d)section 9(2) of the 2008 Act;
(e)in relation to the functions conferred by article 24 (conferral of Business Rates Supplements functions) of this Order, the BRS Act;
(f)sections 197, 199, 200, 202, 204, 214 to 217 and 219 to 221 of, and paragraphs 1 to 4, 6 and 8 of Schedule 21 to, the 2011 Act;
(g)a power to give a direction about the exercise of an eligible power pursuant to article 13 (power to direct).
(3) For the purposes of the exercise of the general functions(57) mentioned in paragraph (2), the members and officers of the Combined Authority may assist the Mayor in the exercise of the functions.
(4) For the purposes of the exercise of the functions mentioned in paragraph (2), the Mayor may do anything that the Combined Authority may do under section 113A of the 2009 Act (general power of EPB or combined authority)(58).
(5) The Mayor must not make arrangements under section 107D(3)(b) of the 2009 Act (functions of mayors: general) in relation to the functions specified in paragraph (2)(e), in relation to a political adviser appointed under article 5.
22.—(1) The Mayor may enter into arrangements jointly with the Combined Authority, the constituent councils and other local authorities in accordance with section 101(5) of the Local Government Act 1972(59) for the discharge of the general functions of the Combined Authority which are exercisable only by the Mayor pursuant to article 21.
(2) In this article, “local authority” has the same meaning as in section 101(13) of the Local Government Act 1972(60).
23.—(1) Subject to paragraphs (3) to (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 referred to in article 21(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 of 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(61).
(4) In relation to the expenditure mentioned in paragraph (2)—
(a)to the extent to which such expenditure is met by amounts payable under paragraph (3)—
(i)the Mayor must agree with the Combined Authority the total expenditure mentioned in paragraph (2) in advance of incurring such expenditure;
(ii)in the absence of such agreement, 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(62) 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 Combined Authority to the constituent councils under section 74 of the Local Government Finance Act 1988(63) and in accordance with the Transport Levying Bodies Regulations 1992(64).
(6) For the purposes of paragraph (3), the “relevant date” in relation to a payment for a financial year is 30 June in the financial year which commenced two years prior to the financial year in which such payment is to be made.
24.—(1) The Combined Authority has, in relation to the Area, functions corresponding to the functions conferred on the Greater London Authority in relation to Greater London by the BRS Act.
(2) Paragraph (1) does not apply in relation to the function conferred by section 3(5) of the BRS Act.
25. For the purposes of article 24, the BRS Act applies to the Combined Authority as if—
(a)references to the Greater London Authority in section 2(1) (levying authorities) and in section 5(2) (prospectus) of the BRS Act included references to the Combined Authority;
(b)references in the BRS Act to a lower-tier authority were, in relation to the Combined Authority, references to a district council whose area forms part of the Area.
26.—(1) The functions of the constituent councils specified in section 17A (sharing of information) of the Crime and Disorder Act 1998(65) are exercisable by the Combined Authority in relation to the Area.
(2) The Combined Authority is a relevant authority for the purposes of section 115 (disclosure of information) of the Crime and Disorder Act 1998(66).
(3) The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.
27.—(1) The function of the constituent councils specified in section 69 of the 2009 Act (duty to prepare an assessment of economic conditions) is exercisable by the Combined Authority in relation to the Area.
(2) The function referred to in paragraph (1) is exercisable concurrently with the constituent councils.
(3) Any requirement in any enactment for a constituent council to exercise the function referred to in paragraph (1) may be fulfilled by the exercise of that function by the Combined Authority.
(4) Section 69 of the 2009 Act applies to the Combined Authority as it applies to a constituent council.
28.—(1) The following provisions of the Local Government Act 1972(67) have effect as if the Combined Authority were a local authority for the purposes of those provisions—
(a)section 113 (the power to place staff at the disposal of other local authorities)(68);
(b)section 142(2) (the power to arrange for publication of information etc relating to the functions of the Combined Authority)(69);
(c)section 144 (the power to encourage visitors and provide conference and other facilities)(70);
(d)section 145 (the power to provide and support cultural activities and entertainments)(71);
(e)section 222 (power to prosecute and defend legal proceedings)(72).
(2) The Combined Authority has the power to exercise any of the functions described in subsection (1)(a) and (b) of section 88 (research and collection of information) of the Local Government Act 1985(73) whether or not a scheme is made under that section.
(3) For the purposes of paragraph (2), paragraphs (a) and (b) of section 88(1) of the Local Government Act 1985 have effect as if a reference to “that area” were a reference to the Area.
(4) Section 13 of the 1989 Act (voting rights of members of certain committees)(74) has effect as if—
(a)in subsection (4) after paragraph (h) there were inserted—
“(i)subject to subsection (4A), a committee appointed by the Hull and East Yorkshire Combined Authority.”;
(b)after subsection (4) there were inserted—
“(4A) A person who is a member of a committee falling within paragraph (i) of subsection (4) or a sub-committee appointed by such a committee shall for all purposes be treated as a non-voting member of that committee or sub-committee unless that person is—
(a)a member of one of the constituent councils;
(b)a non-constituent member of the Hull and East Yorkshire Combined Authority and that Authority has passed a resolution to the effect that such members are to have voting rights.”.
(5) In Part 2 of Schedule 3 to the Local Government Pension Scheme Regulations 2013(75), in the table insert at the end—
“An employee of the Hull and East Yorkshire Combined Authority established by the Hull and East Yorkshire Combined Authority Order 2025 | East Riding of Yorkshire Council”. |
(6) The functions of the constituent councils under section 1 of the 2011 Act, to the extent that those functions are exercisable for the purpose of economic development and regeneration, are exercisable by the Combined Authority in relation to the Area.
(7) The functions referred to in paragraph (6) are exercisable concurrently with the constituent councils.
(8) Any requirement in any enactment for a constituent council to exercise a function referred to in paragraph (6) may be fulfilled by the exercise of that function by the Combined Authority.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Name
Minister of State
Ministry of Housing, Communities and Local Government
Date
Article 6
1.—(1) Each constituent council must appoint two of its elected members to be members of the Combined Authority.
(2) Each constituent council must designate one of the members appointed under sub-paragraph (1) as the lead member.
(3) Each constituent council must appoint one named elected member for each member appointed under sub-paragraph (1), either of whom may act as a member of the Combined Authority in the absence of a member appointed under sub-paragraph (1) (“substitute member”), subject to paragraph 3(3).
(4) In this Schedule, “member” means a lead member, a non-lead member appointed under sub-paragraph (1) and a substitute member, where that substitute member is acting in place of a member appointed under sub-paragraph (1), unless the context provides otherwise.
(5) A person ceases to be a member of the Combined Authority if—
(a)they cease to be a member of the constituent council that appointed them;
(b)the relevant constituent council terminates their appointment.
(6) A person may resign as a member of the Combined Authority by written notice served on the proper officer of the constituent council that appointed them and the resignation takes effect on receipt of that notice.
(7) Where a member of the Combined Authority’s appointment ceases by virtue of sub-paragraph (5) or (6), the constituent council that made the appointment must, as soon as practicable, give written notice of that fact to the Combined Authority and appoint another of its elected members in that person’s place.
(8) The term “proper officer” in this paragraph, in relation to a body and any purpose or area, means an officer appointed by the body for that purpose or area.
2.—(1) The Combined Authority must have no more than a total of four non-constituent members and associate members.(76)
(2) Each nominating body of the Combined Authority must nominate another person to act as the member of the Combined Authority in the absence of the member appointed under section 104A(3) (Non-constituent members of a combined authority) of the 2009 Act.
(3) An associate member appointed under section 104B (Associate members of a combined authority) of the 2009 Act must nominate another person to act as a member of the Combined Authority in their absence.
3.—(1) The Combined Authority must appoint the two members designated as lead members under paragraph 1(2) as co-chairs and these appointments are to be the first business transacted after the appointment of members of the Combined Authority, at the first meeting of the Combined Authority.
(2) The Combined Authority must determine which of the co-chairs is to be the chair for the first meeting of the Combined Authority and thereafter the co-chairs must take the role of chair at alternating meetings of the Combined Authority.
(3) In the absence from any meeting of the Combined Authority of the co-chair who is acting as the chair of that meeting, the role of chair must be filled by the vice-chair.
(4) A person ceases to be co-chair of the Combined Authority if they cease to be a member of the Combined Authority.
(5) If a vacancy arises in the office of co-chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the Combined Authority or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.
(6) The co-chairs of the Combined Authority cease to hold office at the end of the day before the first Mayor’s term of office begins(77).
4.—(1) The Combined Authority must appoint a vice-chair from amongst its members and the appointment is to be the first business transacted after the appointment of members and the co-chairs of the Combined Authority, at the first meeting of the Combined Authority.
(2) A person ceases to be vice-chair of the Combined Authority if they cease to be a member of the Combined Authority.
(3) 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 Combined Authority or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.
(4) The office of vice-chair is abolished at the end of the day before the first Mayor’s term of office begins.
5.—(1) Subject to sub-paragraphs (7) to (15), any decision of the Combined Authority is to be decided by a simple majority of the members present and voting on that question at a meeting of the Combined Authority and, after the beginning of the first Mayor’s term of office, such majority is to include the Mayor, or the Deputy Mayor acting in place of the Mayor.
(2) Before the first Mayor’s term of office begins, no business is to be transacted at a meeting of the Combined Authority unless the chair of that meeting, determined in accordance with paragraphs 3(2) and (3), and all of the members appointed by each constituent council who are not designated as the lead member in accordance with paragraph 1(2), are present.
(3) After the Mayor’s term of office begins, no business is to be transacted at a meeting of the Combined Authority unless the Mayor (or the Deputy Mayor acting in place of the Mayor) and at least one member appointed by each constituent council is present.
(4) Non-constituent members will be non-voting unless the Combined Authority resolves unanimously to give them a vote on any issue, within the restrictions set out in the 2009 Act.
(5) Each member is to have one vote and no member is to have a casting vote.
(6) If a vote is tied on any matter it is deemed not to have been carried.
(7) The following decisions of the Combined Authority require (in addition to the requirements of sub-paragraph (1)) those voting in favour to include the lead member from each constituent council—
(a)approval or amendment of the Combined Authority’s budget (excluding amendment of the Mayor’s budget);
(b)issuing the levy pursuant to article 23(5) (funding).
(8) The exercise of the functions in section 17 of the 1985 Act (insofar as that 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 Combined Authority requires the consent of—
(a)the lead member for each constituent council whose area contains any part of the land subject to the proposed compulsory acquisition, or
(b)a substitute member acting in place of such a member.
(9) Article 8(4) of the Combined Authorities (Finance) Order 2017(78) applies in relation to decisions of the Combined Authority referred to in that paragraph as if the reference to a two thirds majority were a reference to a three quarters majority.
(10) Any decision of the Combined Authority to amend the Mayor’s transport plan (being a plan prepared by the Mayor under the powers conferred in accordance with article 21(2)(b)) requires at least three of the members to vote in favour of the amendment and that is not required to include the Mayor or the Deputy Mayor, when acting in place of the Mayor.
(11) Any decision of the Mayor which gives rise to a financial liability for a constituent council requires the consent of the lead member appointed by that constituent council.
(12) 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)the lead member for any constituent council whose local government area contains any part of the land to be designated as a Mayoral development area, or
(b)a substitute member acting in place of that member.
(13) 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)the lead member for any constituent council whose local government area contains any part of the area to be excluded from a Mayoral development area, or
(b)a substitute member acting in place of that member.
(14) 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 lead member for each constituent council whose local government area contains any part of the area to be designated as a Mayoral development area, or
(b)a substitute member acting in place of that member.
(15) Any exercise by the Mayor of the functions corresponding to the functions contained in section 17(3) of the 1985 Act (acquisition of land for housing purposes) and section 9(2) of the 2008 Act (acquisition of land) requires the consent of—
(a)the lead member for each constituent council whose local government area contains any part of the land subject to the proposed compulsory acquisition, or
(b)a substitute member acting in place of that member.
(16) For the purpose of sub-paragraphs (8) and (12) to (15), the consent must be given at a meeting of the Combined Authority.
6. Subject to paragraphs 7 and 8, no remuneration or allowances are to be payable by the Combined Authority to its members, other than allowances for travel and subsistence paid in accordance with a scheme approved by the Combined Authority.
7.—(1) The Combined Authority may establish an independent remuneration panel to recommend a scheme to the Combined Authority regarding the allowances payable to—
(a)the Mayor;
(b)the Deputy Mayor provided that the Deputy Mayor is not a leader or elected mayor of a constituent council;
(c)constituent council members appointed to the Overview and Scrutiny Committee of the Combined Authority;
(d)constituent council members appointed to the Audit Committee of the Combined Authority.
(2) An independent remuneration panel must consist of at least three members none of whom may be—
(a)a member of the Combined Authority or a member of a committee or sub-committee of the Combined Authority or a member of a constituent council;
(b)disqualified from being or becoming a member of the Combined Authority.
(3) The Combined Authority may pay the expenses incurred by the independent remuneration panel established under sub-paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the Combined Authority may determine.
8. The Combined Authority may only pay an allowance to the people listed in paragraph 7(1) if the Combined Authority has—
(a)considered a report published by the independent remuneration panel established under paragraph 7(1) which contains recommendations for such an allowance, and
(b)approved a scheme for the payment of the allowance providing that scheme does not provide for the payment of allowances of an amount in excess of the amount recommended by the independent remuneration panel.
9.—(1) The Combined Authority must make arrangements for the names of members present at any meeting to be recorded.
(2) Minutes of the proceedings of a meeting of the Combined Authority, or any committee or sub-committee of the Combined Authority, are to be kept in such form as the Combined Authority may determine.
(3) Any such minutes are to be signed at the same or next suitable meeting of the Combined Authority, committee or sub-committee as the case may be, by the person presiding at that meeting.
(4) Any minute purporting to be signed as mentioned in sub-paragraph (3) is to be received in evidence without further proof.
(5) Unless the contrary is proved, a meeting of the Combined Authority, committee or sub-committee, a minute of whose proceedings has been signed in accordance with this paragraph, is deemed to have been duly convened and held, and all the members present at the meeting are deemed to have been duly qualified to attend.
(6) For the purposes of sub-paragraph (3), the next suitable meeting is the next following meeting or, where standing orders made by the Combined Authority provide for another meeting of the Authority, committee or sub-committee to be regarded as suitable, either the next following meeting or that other meeting.
10. The Combined Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.
11. The Combined Authority may make provision about its constitution.
Article 11
1.—(1) Part 3 of the 2004 Act is modified as follows.
(2) Section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England) has effect as if—
(a)subsection (1) were omitted;
(b)for subsection (2) there were substituted—
“(2) A permit scheme prepared in accordance with section 33(1) or (2) by the Combined Authority shall not have effect in the combined area unless the Combined Authority gives effect to it by order.”;
(c)subsection (3) were omitted.
(3) Section 36 (variation and revocation of permit schemes) has effect as if, for subsections (1) to (3) there were substituted—
“(1) The Combined Authority may by order vary or revoke a permit scheme to the extent that it has effect in the combined area by virtue of an order made by the Combined Authority under section 33A(2).
(2) The Secretary of State may direct the Combined Authority to vary or revoke a permit scheme by an order under subsection (1).
(3) An order made by the Combined Authority under subsection (1) may vary or revoke an order made by the Combined Authority under section 33A(2), or an order previously made by the Combined Authority under subsection (1).”.
(4) Section 39 (interpretation of Part 3) has effect as if, in subsection (1), after the definition of “the appropriate national authority”, there were inserted—
““the Area” means the area of the Combined Authority;
“the Combined Authority” means the Hull and East Yorkshire Combined Authority;”.
Article 17
1.—(1) Chapters 1 and 2 of Part 1 and section 19 of the 2008 Act apply in relation to the Combined Authority as modified in accordance with the following provisions.
(2) Sections 5 (powers to provide housing or other land), 6 (powers for regeneration, development or effective use of land), 7 (powers in relation to infrastructure), 8 (powers to deal with land etc), 9 (acquisition of land), 10 (restrictions on disposal of land), 11 (main powers in relation to acquired land) and section 19 (financial assistance) of the 2008 Act, have effect as if for each reference to—
(a)“the HCA” there were substituted a reference to “the Combined Authority”;
(b)“Part 1” of that Act there were substituted a reference to “Part 4 of the Hull and East Yorkshire Combined Authority Order 2025”;
(c)land acquired or held by the HCA there were substituted a reference to land acquired or held by the Combined Authority.
(3) Sections 5, 6, 8, 9 and 10 of the 2008 Act have effect as if for every reference to “land” there were substituted a reference to “land in the area of the Combined Authority”.
(4) Section 57(1) of the 2008 Act is to have effect as if before the definition of “develop” there were inserted—
““Combined Authority” means the Hull and East Yorkshire Combined Authority, a body corporate established under the Hull and East Yorkshire Combined Authority Order 2025;”.
2.—(1) Schedules 2 to 4 to the 2008 Act apply in relation to the Combined Authority as modified in accordance with the following provisions.
(2) Part 1 of Schedule 2 to the 2008 Act (compulsory acquisition of land) has effect as if for each reference to “section 9” of that Act there were substituted a reference to “article 15 of the Hull and East Yorkshire Combined Authority Order 2025”.
(3) Schedules 2 to 4 to the 2008 Act have effect as if for each reference to—
(a)“the HCA” there were substituted a reference to “the Combined Authority”;
(b)land acquired or held by the HCA there were substituted a reference to land acquired or held by the Combined Authority.
(4) Schedule 3 to the 2008 Act (main powers in relation to land acquired by the HCA) is to have effect as if for references to land which has been vested in or acquired by the HCA there were substituted references to land which has been vested in or acquired by the Combined Authority.
Article 19
1. Section 198 of the 2011 Act (Mayoral development corporations: establishment) has effect as if—
(a)in the heading for “Mayoral development corporations” there were substituted “Corporations”;
(b)for each reference to “Mayoral development corporation” there were substituted “Corporation”;
(c)“the Mayor” there were substituted “the Combined Authority”;
(d)“MDC” there were substituted “Corporation”.
2.—(1) Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as modified in accordance with the following provisions.
(2) Section 196 of the 2011 Act (interpretation of Chapter) has effect as if for the definitions of “the Mayor” and “MDC” there were substituted—
““the Area” means the area of the Combined Authority;
“the Combined Authority” means the Combined Authority established by the Hull and East Yorkshire Combined Authority Order 2025;
“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 following the designation of an area of land by the Combined Authority;”.
(3) Sections 197 and 199 to 222 of the 2011 Act have effect as if for each reference to—
(a)“the Greater London Authority” there were substituted “the Combined Authority”;
(b)“the Mayor” there were substituted “the Combined Authority” except for the occurrences in sections 197(3)(d) and (e), 199(2), 202(7)(a) and 214(4)(a);
(c)“MDC” there were substituted “Corporation”.
(4) Section 197 of the 2011 Act (designation of Mayoral development areas) has effect as if—
(a)in subsection (1) for “Greater London” there were substituted “the Area”;
(b)in subsection (3)(a) for “any one or more of the Greater London Authority’s principal purposes” there were substituted “economic development and regeneration in the Area”;
(c)in subsection (3)(d)—
(i)for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members within the meaning of paragraph 1(3) of Schedule 1 to the Hull and East Yorkshire Combined Authority Order 2025, acting in place of those members)”;
(ii)for “the Mayor” in both places there were substituted “the Mayor for the Area”; and
(iii)for “subsection (4)(d), (e), (f) or (g)” there were substituted “subsection (4)(d) or (e)”;
(d)in subsection (3)(e)—
(i)for “the Mayor” in both places there were substituted “the Mayor for the Area”; and
(ii)for “the London Assembly” there were substituted “the Combined Authority”;
(e)in subsection (3)(f) for “the London Assembly” there were substituted “the Combined Authority”;
(f)in subsection (4)—
(i)in paragraph (a) for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”;
(ii)paragraph (b) were omitted;
(iii)in paragraph (d) for “each London borough council whose borough” there were substituted “each district council whose local government area”;
(iv)paragraphs (f) and (g) were omitted;
(g)in subsection (5)—
(i)in paragraph (a) for “the London Assembly” there were substituted “the Combined Authority”;
(ii)in paragraph (b) for “the London Assembly” there were substituted “the Combined Authority”;
(iii)in paragraph (b)(i) for “the Assembly” there were substituted “the Combined Authority”;
(iv)in paragraph (b)(ii) for “the Assembly members voting” there were substituted “all members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members) present and voting on that motion”;
(h)in subsection (6)(c) for “Mayoral development corporation” there were substituted “Corporation”;
(i)subsection (7) were omitted.
(5) Section 199 of the 2011 Act (exclusion of land from Mayoral development areas) has effect as if in subsection (2)—
(a)for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”; and
(b)for “the Mayor” in both places there were substituted “the Mayor for the Area”.
(6) Section 200 of the 2011 Act (transfers of property etc to a Mayoral development corporation) has effect as if—
(a)in subsection (3)—
(i)in paragraph (a) for “a London borough council” there were substituted “a district council wholly or partly in the Area”;
(ii)paragraph (b) were omitted;
(iii)in paragraphs (d) and (e), for “in Greater London” there were substituted “in the Area”;
(iv)paragraph (k) were omitted;
(b)in subsection (4) paragraph (b) were omitted;
(c)in subsection (10) the definitions of “functional body” and “public authority” were omitted.
(7) Section 201 of the 2011 Act (object and powers) has effect as if subsection (8)(b) were omitted.
(8) Section 202 of the 2011 Act (functions in relation to town and country planning) has effect as if—
(a)in subsection (7)(a) for “the Mayor” there were substituted “the Mayor for the Area”;
(b)in subsection (7)(c) for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”;
(c)in subsection (7) at the end in the definition of “affected local authority” for “(d), (e), (f) or (g)” there were substituted “(d) or (e)”.
(9) Section 203 of the 2011 Act (arrangements for discharge of, or assistance with, planning functions) has effect as if for each reference to “a London borough council or the Common Council of the City of London” there were substituted “a district council or a county council”.
(10) Section 207 of the 2011 Act (acquisition of land) has effect as if—
(a)in subsection (2) for “in Greater London” there were substituted “in the Area”;
(b)in subsection (3) for “the Mayor of London” there were substituted “the Combined Authority”.
(11) Section 214 of the 2011 Act (powers in relation to discretionary relief from non-domestic rates) has effect as if—
(a)in subsection (4)(a) for “the Mayor” there were substituted “the Mayor for the Area”;
(b)in subsection (4)(c) for “the London Assembly or an affected local authority” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members) or a district council wholly or partly in the Area”;
(c)in subsection (4) at the end the definition of “affected local authority” were omitted.
(12) Section 216 of the 2011 Act (transfers of property, rights and liabilities) has effect as if—
(a)in subsection (2) “, (e)” were omitted;
(b)in subsection (4)—
(i)the definition of “functional body” were omitted;
(ii)in the definition of “permitted recipient”—
(aa)paragraph (b) were omitted;
(bb)in paragraph (d) for “a London borough council” there were substituted “a district council wholly or partly within the Area”;
(cc)paragraph (e) were omitted.
(13) Schedule 21 to the 2011 Act (Mayoral development corporations) has effect as if—
(a)for each reference to—
(i)“the Mayor” there were substituted “the Combined Authority”, except for the reference in paragraph 1(1);
(ii)“the Mayor’s” there were substituted “the Combined Authority’s”;
(iii)“an MDC” there were substituted “the Corporation”;
(b)in paragraph 1(1)—
(i)for “A Mayoral development corporation (“MDC”)” there were substituted “A Corporation”;
(ii)for “the Mayor of London (“the Mayor”)” there were substituted “the Combined Authority”;
(c)in paragraph 1(2) for “each relevant London council” there were substituted “each relevant district council”;
(d)in paragraph 1(3)—
(i)sub-paragraph (a) were omitted;
(ii)in sub-paragraph (b) for “a London council” there were substituted “a district council”;
(e)in paragraph 1(5), for ““MDC’s” there were substituted “Corporation’s”;
(f)in paragraph 2(5)(d) for “a relevant London council” there were substituted “a relevant district council”;
(g)in paragraph 3—
(i)for “An MDC’s” in each place in which it occurs there were substituted “A Corporation’s”;
(ii)for “the MDC’s” there were substituted “the Corporation’s”
(h)in paragraph 4(4) for “the London Assembly” there were substituted “the Combined Authority”;
(i)in paragraph 9(c) for “each relevant London council” there were substituted “each relevant district council”;
(j)in paragraph 10(1)(c) the reference to “and to the London Assembly” were omitted.
(This note is not part of the Order)
This Order establishes the Hull and East Yorkshire Combined Authority (“the Combined Authority”) and provides for the election of a Mayor and the conferral of functions of local authorities and other public authorities on the Combined Authority.
Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”) provides for the establishment of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate which may be given power to exercise specified functions in their area.
The Secretary of State may only establish a combined authority for an area where a proposal for such an authority has been submitted under section 109A of the 2009 Act. This Order has been made following the publication of such a scheme on 2nd January 2024 by the constituent councils (being the councils for the local government areas of East Riding of Yorkshire and the city of Kingston upon Hull) whose areas together make up the area of the new combined authority.
Part 2 of the Order provides for the creation of the Combined Authority, the election of a Mayor and the appointment of a political adviser and makes constitutional provision.
Part 3 of the Order confers on the Combined Authority functions relating to transport. It transfers functions relating to local transport planning and public transport from the local authorities to the Combined Authority and makes provision for specified highways and traffic powers held by the local authorities to be exercised concurrently by the Combined Authority. It confers powers for the Mayor to pay grants, including to bus service operators.
Part 4 of the Order confers on the Combined Authority functions in relation to housing and regeneration which are to be exercised concurrently with the Homes and Communities Agency. It also makes provision about the acquisition and appropriation of land for planning and public purposes. Article 17 and Schedule 2 apply and modify relevant provisions in legislation.
Part 5 of the Order confers on the Combined Authority functions corresponding to those of the Mayor of London in relation to the designation of a Mayoral development area. Schedule 3 to the Order modifies Part 8 of and Schedule 21 to the Localism Act 2011 which make provision about the establishment of a Mayoral development corporation, its objects and powers as well as its constitution and governance.
Part 6 of the Order sets out the functions of the Combined Authority which are to be only exercisable by the Mayor and makes provision in relation to Joint Committees.
Part 7 of the Order makes provision for the funding, by the constituent councils, of those costs of the Combined Authority that relate to the exercise of its functions. Article 24 provides that the Combined Authority is to have in relation to its area functions corresponding to the functions that the Greater London Authority has under the Business Rate Supplements Act 2009 to levy a supplement on business rates to raise money for expenditure on a project which will promote economic development in its area.
Part 8 confers a number of additional functions (data sharing and assessment of economic conditions) to be exercisable by the Combined Authority. The conferred functions are to be exercised concurrently with the constituent councils. It also makes incidental provision.
A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of the business and voluntary sectors. The impact on the public sector is that conferring functions on the Combined Authority should lead to operational efficiencies that could lead to reduced costs.
2009 c. 20. Section 104 was amended by sections 8 and 14 of, and Schedule 5 to, the Cities and Local Government Devolution Act 2016 (c. 1) (“the 2016 Act”) and by section 64 of the 2023 Act. Section 104C was inserted by section 64 of the 2023 Act. Section 105 was amended by sections 6, 9 and 14 of the 2016 Act and by section 64 of the 2023 Act. Section 105A was inserted by section 7 of the 2016 Act. Sections 107A and 107B were inserted by section 2 of the 2016 Act. Sections 107D and 107E were inserted by section 4 of the 2016 Act and amended by section 64 of the 2023 Act. Section 114 was amended by Schedule 5 to the 2016 Act. Section 117 was amended by section 13(2) of the 2011 Act, Schedule 5 to the 2016 Act and section 68 of the 2023 Act. Schedule 5A was inserted by section 8 of, and Schedule 3 to, the 2016 Act and amended by S.I. 2021/1265. Schedule 5B was inserted by section 2 of, and Schedule 1 to, the 2016 Act and amended by section 70 of the 2023 Act. There are other amendments to these provisions but none are relevant.
Section 110 was amended by section 14(7) of the 2016 Act and by section 65 of the 2023 Act. There are other amendments to that section not relevant to this instrument.
The term “local government area” is defined in section 88(7) of the 2009 Act.
1983 c. 2. Section 37 was amended by the Representation of the People Act 1985 (c. 50), section 18, the Greater London Authority Act 1999 (c. 29), section 17 and Schedule 3, paragraphs 1 and 5 and the Wales Act 2017 (c. 4), section 6. There are other amendments not relevant to this instrument.
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 (c. 28) and by S.I. 2001/2237. There are other amendments not relevant to this instrument.
Section 108 was amended by section 3 of and paragraph 2 of the Schedule to the Transport (Wales) Act 2006 (c. 5), sections 7 to 9, and paragraphs 41 and 42 of Schedule 4 and Part 1 of Schedule 7 to the Local Transport Act 2008 (c. 26), and by section 119 of and paragraph 96 of Schedule 6 to the 2009 Act. Section 109 was amended by section 3 of and paragraph 3 of the Schedule to the Transport (Wales) Act 2006, section 9 of the Local Transport Act 2008, and by section 119 of and paragraph 97 of Schedule 6 to the 2009 Act.
Section 6 was amended by section 8 of, and paragraph 4 of Schedule 4 to, the Local Government Act 1985 (c. 51), section 22 of, and paragraph 2 of Schedule 7 to, the Local Government (Wales) Act 1994, section 1 of, and paragraph 7 of Schedule 1 to, the Infrastructure Act 2015 (c. 7), and S.I. 1995/1986.
Section 8 was amended by section 22 of, and paragraph 3 of Schedule 7 to, the Local Government (Wales) Act 1994, section 8 of, and paragraph 5 of Schedule 4 to, the Local Government Act 1985, and section 1 of, and paragraph 8 of Schedule 1 to, the Infrastructure Act 2015.
Section 33 was amended by section 51 of, and Schedule 10 to, the Deregulation Act 2015 (c. 20).
Section 33A was inserted by section 51 of, and Schedule 10 to, the Deregulation Act 2015.
Section 36 was substituted by section 51 of, and Schedule 10 to, the Deregulation Act 2015.
Section 107ZA was inserted by section 63 of the 2023 Act.
Section 8 was amended by paragraph 62 of Schedule 11 to the 1989 Act and section 124 of the Housing and Planning Act 2016 (c. 22).
Section 11 was amended by section 198 of and paragraph 103 of Schedule 6 to the Licensing Act 2003 (c. 17).
Section 12 was amended by S.I. 2010/844.
Section 17 was amended by section 222 of, and paragraph 24 of Schedule 18 to, the Housing Act 1996 (c. 52).
Section 226 was amended by sections 79, 99 and 120 of, and paragraph 3 of Schedule 3 and paragraph 1 of Schedule 9 to, the Planning and Compulsory Purchase Act 2004 (c. 5) and section 180 of the 2023 Act.
Section 233 was amended by section 8 of the Growth and Infrastructure Act 2013 (c. 27).
Section 236 was amended by section 406 of, and paragraph 103 of Schedule 17 to, the Communications Act 2003 (c. 21).
Section 238 was amended by section 130 of the 2023 Act.
In section 1 of the 1985 Act “local housing authority” means a district council, a London borough council, the Common Council of the City of London, a Welsh county council or county borough council or the Council of the Isles of Scilly.
Section 200 was amended by section 151(1) of, and paragraphs 174 and 178 of Part 2 of Schedule 4 to, the Co-operative and Community Benefit Societies Act 2014 (c. 14).
Section 202 was amended by section 176(2) of, and paragraph 5 of Schedule 17 to, the 2023 Act.
Section 216(4) was amended by section 151(1) of, and paragraphs 174 and 179 of Part 2 of Schedule 4 to, the Co-operative and Community Benefit Societies Act 2014.
1996 (c. 61). Paragraph 9(8) of Schedule 2 was amended by paragraph 43 of Schedule 22 to the 2011 Act.
Section 31 was amended by section 186 of, and paragraphs 44 and 45 of Schedule 22 and Parts 31 and 32 of Schedule 25 to, the 2011 Act, section 33 of the Infrastructure Act 2015 and by S.I. 2012/1530.
Section 38 was amended by paragraphs 36 and 37 of Schedule 19, paragraphs 4 and 5 of Schedule 20, paragraphs 44 and 46 of Schedule 22 and Part 32 of Schedule 25 to the 2011 Act, section 28 of the Growth and Infrastructure Act 2013 (c. 27) and article 2 of S.I. 2012/1530.
Section 60A was inserted by section 4 of the Greater London Authority Act 2007 (c. 24) and amended by section 224 of the Planning Act 2008 (c. 29), section 20 of the Police Reform and Social Responsibility Act 2011 (c. 13), paragraphs 44 and 47 of Schedule 22 and Part 32 of Schedule 25 to the 2011 Act and articles 1, 2 and 36 of S.I. 2008/2038.
Section 68 was amended by paragraphs 44 and 48 of Schedule 22 and Part 32 of Schedule 25 to the 2011 Act.
Section 73 was amended by sections 7 and 9 of, and Schedule 2 to, the Greater London Authority Act 2007, paragraph 16 of Part 2 of Schedule 12 to the Local Government and Public Involvement in Health Act 2007, paragraphs 36 and 38 of Schedule 19, paragraphs 44 and 49 of Schedule 22, Part 32 of Schedule 25 to the 2009 Act and paragraphs 1 and 5 of Part 1 to the Schedule to S.I. 2000/1435.
Section 403B was inserted by section 36(1) and (2) of the Neighbourhood Planning Act 2017 (c. 20).
Section 424 was amended by section 1159 of the Companies Act 2006 (c. 46), sections 11, 12, 21, 22 of the Greater London Authority Act 2007, section 3 of the Police Reform and Social Responsibility Act 2011 (c. 13) and paragraphs 44 and 52 of Schedule 22 and Part 32 of Schedule 25 to the 2011 Act.
2004 c. 5. Section 24 was amended by paragraph 15 of Schedule 5 and paragraph 1 of Part 4 of Schedule 7 to the 2009 Act and by paragraphs 54 and 55 of Schedule 22 to the 2011 Act.
2008 c. 18. Paragraph 8 of Schedule 2 to the Crossrail Act 2008 was amended by paragraph 58 of Schedule 22 to the 2011 Act.
Section 1 was amended by paragraphs 199 and 200 of Part 2 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and by section 123 of, and paragraph 61 of Schedule 1 to and paragraph 86 of Schedule 2 to, the Policing and Crime Act 2017 (c. 3) and by S.I. 2021/1349.
Section 2 was amended by paragraph 95 of Schedule 37 to the Education Act 1996 (c. 56), section 127 of the Greater London Authority Act 1999 (c. 29), Schedule 2 to the Fire and Rescue Services Act 2004 (c. 21), paragraph 3 of Schedule 2 to the Children Act 2004 (c. 31), section 203 of the Local Government and Public Involvement in Health Act 2007 (c. 28), Part 1 of Schedule 7 to the 2009 Act, paragraph 57 of Schedule 5 to the Health and Social Care Act 2012 (c. 7) and by S.I. 2001/2237, S.I. 2010/1158, S.I. 2017/1025 and S.I. 2021/1349. Section 3A was inserted by section 202 of the Local Government and Public Involvement in Health Act 2007 (c. 28) and was amended by Schedule 7 to the 2009 Act and Part 1 of Schedule 4 to and Part 5 of Schedule 25 to the 2011 Act.
Section 5 was amended by Part 1 of Schedule 4 to the Police and Magistrates’ Courts Act 1994 (c. 29), paragraph 1 of Schedule 7 to the Police Act 1996 (c. 16), section 132 of the 1999 Act, paragraph 24 of Schedule 5 to the Local Government Act 2000 (c. 22), section 113 of the 2003 Act, paragraph 14 of Part 2 to Schedule 12 and Part 14 of Schedule 18 to the Local Government and Public Involvement in Health Act 2007, paragraphs 12 and 13 of Schedule 14 and Part 4 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23), paragraphs 199 and 202 of Part 3 of Schedule 16 to the Police Reform and Social Responsibility Act 2011, sections 6 and 9 of and paragraph 63 of Schedule 1 and paragraph 88 of Schedule 2 to the Policing and Crime Act 2017 and by S.I. 2001/2237 and 2021/1349.
“general functions” are defined at section 107D of the 2009 Act and are any functions exercisable by the mayor other than PCC functions.
Section 113A was inserted by section 13(1) of the 2011 Act and amended by paragraph 25 of Schedule 5 to the Cities and Local Government Devolution Act 2016 (c. 1).
1972 c. 70. The term “local authority” in section 101(13) must be read in light of the meaning given to that term in section 270(1) of that Act.
Section 101(13) was amended by Schedule 14 to the Local Government Act 1985 (c. 51), Schedule 13 to the Education Reform Act 1988 (c. 40), section 332 of the Greater London Authority Act 1999 (c. 29), Schedule 13 to the Local Government and Public Involvement in Health Act 2007 (c. 28), Schedule 6 to the 2009 Act, Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13), Schedule 13 to the Deregulation Act 2015 (c. 20), Schedule 5 to the Cities and Local Government Devolution Act 2016 (c. 1), Schedule 2 to the Policing and Crime Act 2017 (c. 3) and Schedule 4 to the 2023 Act.
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).
1988 c. 41. Section 74 was amended by Schedule 13 to the Local Government Finance Act 1992 (c. 14), section 105 of the Greater London Authority Act 1999 (c. 29), Schedule 8 to the Courts Act 2003 (c. 39), Schedule 1 to the Local Government and Public Involvement in Health Act 2007 (c. 28), Schedule 6 to, and Part 4 of Schedule 7 to, the 2009 Act, Part 3 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13), Schedule 7 to the 2011 Act, section 9 of and Schedule 5 to the Cities and Local Government Devolution Act 2016 (c. 1), Schedule 4 to the 2023 Act and by S.I. 1994/2825.
1998 c. 37. Section 17A was inserted by section 22 of, and paragraph 5 of Schedule 9 to, the Police and Justice Act 2006 (c. 48) and amended by paragraph 45 of Schedule 19 to the Data Protection Act 2018 (c. 12).
Section 115 was amended by section 74 of, and paragraphs 150 and 151 of Part 2 of Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c. 43); section 97 of the Police Reform Act 2002 (c. 30); section 219 of the Housing Act 2004 (c. 34); section 22 of, and paragraph 7 of Schedule 9 to, the Police and Justice Act 2006; section 29 of the Transport for London Act 2008 (c. 1); section 99 of, and paragraphs 231 and 238 of Part 3 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011; section 55 of, and paragraphs 83 and 90 of Schedule 5 to, the Health and Social Care Act 2012 (c. 7); section s 6 and 9 of and paragraph 80 of Schedule 1 and paragraph 106 of Schedule 2 to the Policing and Crime Act 2017; and by S.I. 2000/90, S.I. 2002/2469, S.I. 2007/961, S.I. 2008/912, S.I. 2010/866 and S.I. 2013/602.
There are amendments to section 113, which are not relevant here.
Section 142(2) was amended by section 3 of the Local Government Act 1986 (c. 10).
Section 144 was amended by Schedule 2 to the Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Schedule 34 to the Local Government, Planning and Land Act 1980 (c. 65) and Schedule 17 to the Local Government Act 1985 (c. 51).
Section 145 was amended by Schedule 6 to the Licensing Act 2003 (c. 17).
Section 222 was amended by Schedules 1 and 2 to the Policing and Crime Act 2017 (c. 3) and by S.I. 2022/372.
Section 13 was amended by paragraph 1 of Schedule 21(II) and paragraph 96 of Schedule 37(I) to the Education Act 1993 (c. 35); by paragraph 36 of Schedule 4(I) and by paragraph 1 of Schedule 9(I) to the Police and Magistrates’ Courts Act 1994; by paragraph 1 of Schedule 24 to the Environment Act 1995 (c. 25); by paragraph 96 of Schedule 37(I) and by paragraph 1 of Schedule 38(I) to the Education Act 1996 (c. 56); by paragraph 22 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31); by paragraph 1 of Schedule 5(4) to the Children Act 2004 (c. 31); by paragraph 81 of Schedule 6 to the 2009 Act; by paragraph 14 of Schedule 14 and by paragraph 1 of Schedule 22(4) to the Marine and Coastal Access Act 2009 (c. 23); by paragraph 15 of Schedule 8 to the Public Service Pensions Act 2013 (c. 25); by paragraph 12 of Schedule 5 to the Cities and Local Government Devolution Act 2016; by section 7 of the Policing and Crime Act 2017; by S.I. 2001/1517; and by S.I. 2010/1158.
S.I. 2013/2356. There are amendments to Part 2 which are not relevant to this instrument.
For the meaning of “non-constituent member” and “associate member” see sections 104A and 104B of the 2009 Act. These were inserted by section 64 of the 2023 Act.
Section 107A(6) of the 2009 Act provides that the mayor for the area of a combined authority is by virtue of that office a member of, and chair of, the combined authority.
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