The Tees Valley Combined Authority Order 2016

PART 1 General

Citation and commencement

1.  This Order may be cited as the Tees Valley Combined Authority Order 2016 and comes into force on either—

(a) 1st April 2016; or

(b) if the Order is made on or after 1st April 2016, on the day after the day on which the Order is made.

Interpretation

2.  In this Order—

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;

“combined area” means the area consisting of the areas of the constituent councils;

“the Combined Authority” means the Tees Valley Combined Authority as constituted by article 3;

“constituent councils” means the councils for the local government areas of Darlington, Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees;

“financial year” means the period of 12 months ending with 31st March in any year; and

“the Local Enterprise Partnership” means the board of Tees Valley Unlimited.

PART 2 Establishment of a combined authority for Tees Valley

Establishment

3.—(1) There is established a combined authority for the combined area.

(2) The combined authority is to be a body corporate and is to be known as the Tees Valley Combined Authority.

(3) The functions of the Combined Authority are those functions conferred or imposed upon it by this Order or by 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).

Constitution

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

Funding

5.—(1) The constituent councils must meet the costs of the Combined Authority reasonably attributable to the Combined Authority’s exercise of the functions mentioned in article 7 (economic development and regeneration functions).

(2) The amount payable by each of the constituent councils in respect of the functions mentioned in article 7 is to be determined by apportioning the costs of the Combined Authority referred to in paragraph (1) between the constituent councils in such proportions as they may agree or, in default of such agreement, in the following shares between the constituent councils—

• Darlington 15.80%

• Hartlepool 14.67%

• Middlesbrough 20.89%

• Redcar and Cleveland 20.97%

• Stockton-on-Tees 27.67%.

(3) The constituent councils must meet the costs of the Combined Authority reasonably attributable to the Combined Authority’s exercise of the functions mentioned in article 6 (delegation of transport functions).

(4) The amount payable by each of the constituent councils in respect of the functions mentioned in article 6 is to be determined by apportioning the costs of the Combined Authority referred to in paragraph (3) between the constituent councils in such proportions as they may agree or, in default of such agreement, the amount payable shall be in the same proportion to the amount that each of the constituent councils have spent on the functions mentioned in article 6 in the financial year ending on 31st March 2016.

PART 3 Transport

Delegation of transport functions

6.  There are delegated to the Combined Authority—

(a) the functions of the constituent councils under Parts 4 and 5 of the Transport Act 1985(1); and

(b) the functions of the constituent councils as local transport authorities under Part 2 of the Transport Act 2000(2).

PART 4 Additional functions

Economic development and regeneration functions

7.—(1) The functions of the constituent councils set out in Schedule 2 are exercisable by the Combined Authority in relation to its area.

(2) The functions are exercisable concurrently with the constituent councils.

(3) Any requirement in any enactment for a constituent council to exercise such a function may be fulfilled by the exercise of that function by the Combined Authority.

Incidental provisions

8.  The following provisions shall have effect as if the Combined Authority were a local authority for the purposes of those provisions—

(a) section 113 of the Local Government Act 1972(3) (power to place staff at the disposal of other local authorities);

(b) section 142(2) of the Local Government Act 1972(4) (power to arrange for publication of information etc relating to the functions of the authority); and

(c) section 222 of the Local Government Act 1972(5) (power to prosecute and defend legal proceedings).

9.—(1) The Combined Authority shall have the power to exercise any of the functions described in subsection (1)(a) and (b) of section 88 of the Local Government Act 1985(6) (research and collection of information) whether or not a scheme is made under that section.

(2) For the purposes of paragraph (1) of this article, 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 combined area.

10.  Section 13 of the Local Government and Housing Act 1989(7)(voting rights of members of certain committees) has effect in relation to the Combined Authority as if—

(a) in subsection (4) after paragraph (h) there were inserted—

“(i) subject to subsection (4A), a committee appointed by the Tees Valley Combined Authority;”; and

(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 member of one of the constituent councils as defined by article 2 of the Tees Valley Combined Authority Order 2016.”

11.  In Part 2 of Schedule 3 (pension funds) to the Local Government Pension Scheme Regulations 2013(8) in the table insert at the end—

“An employee of the Tees Valley Combined Authority established by the Tees Valley Combined Authority Order 2016

Middlesbrough Borough Council”

Signed by authority of the Secretary of State for Communities and Local Government

James Wharton

Parliamentary Under Secretary of State

Department for Communities and Local Government

29th March 2016