The Greater Manchester Combined Authority Order 2011

SCHEDULES

Article 4

SCHEDULE 1 Constitution

Membership

1.—(1) Each constituent council is to appoint one of its elected members to be a member of the GMCA.

(2) Each constituent council is to appoint another of its elected members to act as a member of the GMCA in the absence of the member appointed under sub-paragraph (1) (“the substitute member”).

(3) A person ceases to be a member or substitute member of the GMCA if they cease to be a member of the constituent council that appointed them.

(4) A person may resign as a member or substitute member of the GMCA by written notice served on the proper officer of the constituent council that appointed them and the resignation shall take effect on receipt of the notice by the proper officer.

(5) Where a member or substitute member’s appointment ceases by virtue of sub-paragraph (3) or (4) the constituent council that made the appointment must, as soon as practicable, give written notice of that fact to the GMCA and appoint another of its elected members in that person’s place.

(6) A constituent council may at any time terminate the appointment of a member or substitute member appointed by it to the GMCA and appoint another of its elected members in that person’s place.

(7) Where a constituent council exercises its power under sub-paragraph (6), it must give written notice of the new appointment and the termination of the previous appointment to the GMCA and the new appointment shall take effect and the previous appointment terminate at the end of one week from the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.

(8) For the purposes of this paragraph, an elected mayor of a constituent council is to be treated as a member of the constituent council.

Chair and vice-chair(s)

2.—(1) The GMCA—

(a) must in each year appoint a chair; and

(b) may appoint one or more vice-chairs

from among its members and the appointments are to be the first business transacted at the annual meeting of the GMCA.

(2) A person ceases to be chair or vice-chair of the GMCA if they cease to be a member of the GMCA.

(3) If a vacancy arises in the office of chair or vice chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the GMCA, or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.

Proceedings

3.—(1) Subject to sub-paragraphs (3) and (4), any questions that are to be decided by the GMCA are to be decided by a majority of the members and substitute members, acting in place of members, present and voting on that question at a meeting of the GMCA.

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

(3) Questions relating to the following matters require at least 7 votes in favour to be carried—

(a) the adoption, approval, amendment, modification, revision, variation, withdrawal or revocation of a plan or strategy of the following descriptions—

(i) a sustainable community strategy under section 4 of the Local Government Act 2000(1),

(ii) a local transport plan under section 108(3) of the Transport Act 2000(2),

(iii) such other plans and strategies as may be determined by the GMCA and set out in its standing orders;

(b) the preparation of a local economic assessment under section 69 of the 2009 Act;

(c) the submission of a request under section 124 of the 2009 Act, a multi-area agreement under section 125 or 128 of that Act, or a revision proposal under section 132 of that Act;

(d) the approval of the budget of the GMCA;

(e) the approval of borrowing limits, the treasury management strategy and the investment strategy;

(f) the setting of a transport levy;

(g) the acceptance of arrangements to delegate the functions of any person to the GMCA;

(h) the amendment of the standing orders of the GMCA.

(4) Questions relating to road user charging require 10 votes in favour to be carried.

(5) The proceedings of the GMCA are not invalidated by any vacancy among its members or substitute members or by any defect in the appointment or qualifications of any member or substitute member.

Records

4.—(1) The GMCA must make arrangements for the names of members and substitute members present at any meeting to be recorded.

(2) Minutes of the proceedings of a meeting of the GMCA, or any committee or sub-committee of the GMCA are to be kept in such form as the GMCA may determine.

(3) Any such minutes are to be signed at the same or next suitable meeting of the GMCA by the person presiding at that meeting.

(4) Any minute purporting to be signed as mentioned in sub-paragraph (3) shall be received in evidence without further proof.

(5) Until the contrary is proved, a meeting of the GMCA 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 and substitute members present at the meeting are deemed to have been duly qualified.

(6) For the purposes of sub-paragraph (3) the next suitable meeting is the next following meeting or, where standing orders made by the GMCA provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.

Standing Orders

5.  The GMCA may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.

Remuneration

1.—(1) No remuneration is to be payable by the GMCA to its members, other than allowances for travel and subsistence paid in accordance with a scheme drawn up by the GMCA.

(2) A constituent council may, in accordance with its own scheme of allowances, pay a special responsibility allowance to any member appointed by it to the GMCA in respect of duties and responsibilities undertaken as a member of the GMCA.

Article 7

SCHEDULE 2 Amendment of Section 9 of the Transport Act 1968

1.  Section 9 of the Transport Act 1968(3) is amended as follows.

2.  In subsection (1)(a)—

(a) in subparagraph (i) after “metropolitan counties” there is inserted “except Greater Manchester”;

(b) the word “and” after subparagraph (i) is omitted; and

(c) after subparagraph (i) there is inserted—

“(ia) the metropolitan county of Greater Manchester shall be the area of a combined authority; and”

3.  In subsection (1)(b)—

(a) the word “and” after subparagraph (i) is omitted; and

(b) after subparagraph (i) there is inserted—

“(ia) in relation to the metropolitan county of Greater Manchester, the Greater Manchester Combined Authority; and”.

4.  In subsections (2) and (3) after “integrated transport area” there is in each case inserted “, the area of the Greater Manchester Combined Authority”.

5.  In subsection (5) after “integrated transport area” there is inserted “or the area of the Greater Manchester Combined Authority”.

6.  After subsection (5) there is inserted—

“(5A) In this section “the Greater Manchester Combined Authority” means the body of that name constituted by the Greater Manchester Combined Authority Order 2011.”

Article 10

SCHEDULE 3 Economic development and regeneration functions

1.  The power under section 144 of the Local Government Act 1972 (the power to encourage visitors and provide conference and other facilities).

2.  The duty under section 8(1) Housing Act 1985(4) (duty of local housing authorities to consider housing conditions in their district and the needs of the district with respect to the provision of further housing accommodation).

3.  The duties under section 82 of the Environment Act 1995(5) (duty to cause a review to be conducted of quality for the time being, and the likely future quality within the relevant period, of air within the authority’s area and associated duties).

4.  The duty under section 83 of the Environment Act 1995 (duty to designate air quality management areas).

5.  The duties under section 84 of the Environment Act 1995 (duties in relation to designated area).

6.  The duties under sections 15ZA, 15ZB, 15ZC, 17A, 18A(1)(b), of the Education Act 1996 and the power under sections 514A and 560A of that Act(6) (duties and powers related to the provision of education and training for persons over compulsory school age).

7.  The power under section 2 of the Local Government Act 2000(7) (promotion of well-being).

8.  The duty under section 4(1) of the Local Government Act 2000 (duty to prepare a strategy for promoting or improving the economic, social and environmental well-being of their area and contributing to the achievement of sustainable development in the United Kingdom) and the power under section 4(2) of the Local Government Act 2000 (power to modify their sustainable communities strategy).

9.  The duty under section 69 of the 2009 Act (duty to prepare an assessment of economic conditions).

(1)

2000 c. 26.

(2)

2000 c. 38. Section 108(3) was amended by section 9(1) of the Local Transport Act 2008. A combined authority is a local transport authority for the purposes of section 108(3) by virtue of section 108(4)(ca), inserted by paragraphs 95 and 96 of schedule 6 to the 2009 Act.

(3)

1968 c. 73; section 9 was amended by the Local Government (Scotland) Act 1973 (c. 65) Schedule 18, paragraph 1; by the Transport Act 1985 (c. 67) sections 57(1), 58(2), Schedule 3, paragraph 3, Schedule 8; by the Local Government (Scotland) Act 1994 (c. 39) Schedule 13, paragraph 80(2); and in relation to England and Wales only by the Local Transport Act 2008 (c. 26) section 98(4), Schedule 4, paragraph 2 and Schedule 7, Part 4.

(4)

1985 c. 68. Section 144 was amended by Schedule 2 to the Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Part 16 of Schedule 34 to the Local Government, Planning and Land Act 1980 (c. 65) and Schedule 17 to the Local Government Act 1985.

(5)

1995 c. 25.

(6)

1996 c. 56. Sections 15ZA, 15ZB, 15ZC were inserted by section 41 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), sections 17A and 18A(1)(b) by section 45 of that Act (not yet commenced), section 514A by section 46 of that Act and section 560A by section 47 of that Act.

(7)

2000 c.22, to which there are amendments not relevant to this Order.