The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017

PART 1 General

Citation and commencement

1.—(1) This Order may be cited as the Liverpool City Region Combined Authority (Functions and Amendment) Order 2017

(2) Save as provided in paragraph (3) this Order comes into force on the day after the day on which it is made.

(3) Articles 5, 10 to 17, 19, 20 and 21(2)(a) and (b) come into force on 8th May 2017.

Interpretation

2.  In this Order—

“the 1984 Act” means the Road Traffic Regulation Act 1984(1);

“the 1988 Act” means the Road Traffic Act 1988(2);

“the 1989 Act” means the Local Government and Housing Act 1989(3);

“the 1990 Act” means the Town and Country Planning Act 1990(4);

“the 1999 Act” means the Greater London Authority Act 1999(5);

“the 2003 Act” means the Local Government Act 2003(6);

“the 2004 Act” means the Planning and Compulsory Purchase Act 2004(7);

“the 2008 Act” means the Housing and Regeneration Act 2008(8);

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

“the 2011 Act” means the Localism Act 2011(9);

“the 1996 Regulations” means the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996(10);

“the 2008 Order” means the Town and Country Planning (Mayor of London) Order 2008(11);

“the 2014 Order” means the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014(12);

“the Area” means the area of the Combined Authority;

“constituent councils” means the district councils for the local government areas of Halton, Knowsley, Liverpool, St Helens, Sefton, and Wirral;

“the Combined Authority” means the Liverpool City Region Combined Authority, a body corporate established by the 2014 Order(13);

“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, with the modifications made by Schedule 4, following the designation of an area of land by the Combined Authority;

“the HCA” means the Homes and Communities Agency(14);

“highway functions” means the functions which are exercisable by a constituent council (in whatever capacity) in relation to the highways for which they are the highway authority; and

“the Mayor” means the mayor for the Area(15) except where the reference is to the Mayor of London.

PART 2 Planning

Spatial development strategy

3.—(1) The Combined Authority shall have, in relation to the Area, functions corresponding to functions in the 1999 Act that the Mayor of London has in relation to Greater London, which are specified in the following provisions in the 1999 Act—

(a) section 334 (the spatial development strategy);

(b) section 335 (public participation)(16);

(c) section 336 (withdrawal);

(d) section 337 (publication)(17);

(e) section 338 (examination in public)(18);

(f) section 339 (review of matters affecting the strategy);

(g) section 340 (reviews of the strategy);

(h) section 341 (alteration or replacement)(19);

(i) section 342 (matters to which the Mayor is to have regard);

(j) section 346 (monitoring and data collection)(20); and

(k) section 348 (mayor’s functions as to planning around Greater London).

(2) The exercise by the Combined Authority of the functions corresponding to the functions in sections 335 (public participation), 336 (withdrawal), 337 (publication) and 341 (alteration or replacement) of the 1999 Act requires a unanimous vote in favour by all members of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members, to be carried at a meeting of the Combined Authority.

Adaptation of enactments in consequence of article 3

4.—(1) This article has effect in consequence of article 3(1).

(2) Part 8 of the 1999 Act applies in relation to the preparation and publication of a spatial development strategy by the Combined Authority as it applies in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 1 of Schedule 1.

(3) Sections 343 (regulations) and 420 of the 1999 Act (orders and regulations) apply in relation to the functions of the Secretary of State to make regulations by statutory instrument under section 343(1) with respect to all or any of the following —

(a) the form and content of the spatial development strategy published by the Combined Authority;

(b) the documents (if any) the Secretary of State requires to accompany the spatial development strategy published by the Combined Authority;

(c) the procedure to be followed by the Combined Authority in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy, or in connection with any review under section 339 as modified by Part 1 of Schedule 1; and

(d) the procedure to be followed at an examination in public examining matters affecting the consideration of the spatial development strategy,

as they apply in relation to the functions of the Secretary of State to make such regulations in relation to the spatial development strategy published by the Mayor of London.

(4) Subject to paragraph (6) and to Schedule 1, in any enactment passed or made on or before 8th May 2017—

(a) any reference to a spatial development strategy, or

(b) any reference which falls to be read as a reference to a spatial development strategy,

is to be treated as including a reference to a strategy prepared and published in accordance with the function conferred by article 3(1).

(5) Sections 19 (preparation of local development documents), 24 (conformity with regional strategy), 37 (interpretation), 38 (development plan) and 113 (validity of strategies, plans and documents) of the 2004 Act(21) apply in relation to the preparation and publication of a spatial development strategy by the Combined Authority as they apply in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 2 of Schedule 1.

(6) Paragraph (4) does not apply to—

(a) section 41 of the 1999 Act (general duties of the Mayor in relation to his strategies)(22);

(b) section 356A of the 1999 Act (London Waste and Recycling Board)(23);

(c) section 10 of the London Olympic Games and Paralympic Games Act 2006(24); and

(d) the Town and Country Planning (London Spatial Development Strategy) Regulations 2000(25).

Planning applications of potential strategic importance

5.—(1) The Combined Authority shall have, in relation to the Area, functions corresponding to the following functions that the Mayor of London has in relation to Greater London—

(a) section 2A of the 1990 Act (the Mayor of London: applications of potential strategic importance)(26);

(b) section 2B of the 1990 Act (section 2A: supplementary provisions)(27);

(c) section 2C of the 1990 Act (matters reserved for subsequent approval)(28);

(d) section 2E of the 1990 Act (section 2A and planning obligations under section 106)(29);

(e) section 2F of the 1990 Act (representation hearings)(30);

(f) section 74 of the 1990 Act (directions etc. as to method of dealing with applications)(31);

(g) the 2008 Order.

(2) Sections 2A, 2B, 2C, 2D, 2E and 2F of the 1990 Act and the 2008 Order apply in relation to the consideration of applications of potential strategic importance by the Combined Authority as they apply in relation to the consideration of applications of potential strategic importance by the Mayor of London.

(3) In section 2A(3)(a) of the 1990 Act as applied by paragraph (2) the references to “Greater London” are to be read as references to “the Area”.

(4) The provisions in section 333 of the 1990 Act (orders and regulations) apply in relation to the power of the Secretary of State to make orders under sections 2A and 2F of that Act in relation to the Combined Authority, as it applies in relation to the power of the Secretary of State to make orders under sections 2A and 2F of that Act in relation to the Mayor of London (32).

(5) The provisions in the 2008 Order apply in relation to the Combined Authority’s power to direct that applications for planning permission of potential strategic importance must be determined by the Combined Authority in place of the local planning authority as they apply in relation to the Mayor of London’s power to direct that applications for planning permission of potential strategic importance must be determined by the Mayor of London in place of the local planning authority.

(6) The 2008 Order shall have effect as if—

(a) for every reference to “the Mayor” there were substituted “the Combined Authority”;

(b) article 3 were omitted;

(c) in article 6—

(i) every reference to “Greater London” is to be read as a reference to “the Area”,

(ii) in paragraph (2)(a) for “the Greater London Authority” there were substituted “the Combined Authority”, and

(iii) paragraph (2)(c) and (f) were omitted; and

(d) for Parts 1, 2 and 3 of the Schedule to the 2008 Order there were substituted Parts 1, 2 and 3 in Schedule 2.

PART 3 Housing and regeneration

Conferral of functions corresponding to functions that the HCA has in relation to the Area

6.—(1) The functions of the HCA which are specified in the following provisions of the 2008 Act are to be functions of 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 11 (main powers in relation to acquired land)(33);

(h) section 12 (powers in relation to, and for, statutory undertakers);

(i) paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc.); and

(j) paragraphs 1, 2, 3, 4, 6, 10 and 20 of Schedule 4 (extinguishment or removal powers for the HCA).

(2) The Combined Authority is to exercise the functions contained in the provisions specified in paragraph (1) for the purposes of or for purposes incidental to the following objects—

(a) to improve the supply and quality of housing in the Area,

(b) to secure the regeneration or development of land or infrastructure in the Area,

(c) to support in other ways the creation, regeneration or development of communities in the Area or their continued well-being, and

(d) to contribute 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 contained in the provisions specified in paragraph (1) are—

(a) exercisable concurrently with the HCA, and

(b) subject to Schedules 2 and 3 to the 2008 Act.

(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.

(5) Section 23(3) of the Land Compensation Act 1961(34) (compensation where planning decision made after acquisition) applies in relation to an acquisition by the Combined Authority as it applies to the HCA.

Acquisition and appropriation of land for planning and public purposes

7.—(1) The functions of the constituent councils specified in the following provisions as applied by article 9 are exercisable by the Combined Authority in relation to the Area—

(a) section 226 of the 1990 Act (compulsory acquisition of land for development and other planning purposes)(35);

(b) section 227 of the 1990 Act (acquisition of land by agreement);

(c) section 229 of the 1990 Act (appropriation of land forming part of common, etc);

(d) section 230(1)(a) of the 1990 Act (acquisition of land for purposes of exchange);

(e) section 232 of the 1990 Act (appropriation of land held for planning purposes);

(f) section 233 of the 1990 Act (disposal by local authorities of land held for planning purposes)(36);

(g) section 235 of the 1990 Act (development of land held for planning purposes);

(h) section 236 of the 1990 Act (extinguishment of rights over land compulsorily acquired)(37);

(i) section 238 of the 1990 Act (use and development of consecrated land);

(j) section 239 of the 1990 Act (use and development of burial grounds); and

(k) section 241 of the 1990 act (use and development of open spaces).

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

Condition on the exercise of the functions conferred by articles 6(1) and 7(1)

8.  The exercise of the functions in section 9 of the 2008 Act and section 226 of the 1990 Act by the Combined Authority requires the consent of each member of the Combined Authority appointed by the constituent councils whose local government area contains any part of the land subject to the proposed compulsory acquisition or substitute members acting in place of those members, to be provided at a meeting of the Combined Authority.

Application of provisions of the 1990 Act and the 2008 Act

9.—(1) This article has effect in consequence of articles 6 and 7.

(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 in relation to a constituent council and land vested in or acquired by a constituent council for planning and public purposes.

(3) Chapters 1 and 2 of Part 1 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 under the functions specified in article 6(1) and land acquired by the Combined Authority under those functions as they apply in relation to the HCA and land acquired by the HCA with the modifications made by Parts 1 and 2 of Schedule 3.

PART 4 Mayoral development areas

Conferral of functions on the Combined Authority

10.  The Combined Authority shall have in relation to the Area functions corresponding to the following functions contained in the provisions in the 2011 Act, that the Mayor of London has in relation to Greater London—

(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);

(d) section 202 (functions in relation to town and country planning);

(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);

(i) section 217 (dissolution: final steps);

(j) section 219 (guidance by the Mayor);

(k) section 221 (consents);

(l) paragraph 1 of Schedule 21 (membership);

(m) paragraph 2 of Schedule 21 (terms of appointment of members);

(n) paragraph 3 of Schedule 21(staff);

(o) paragraph 4 of Schedule 21 (remuneration etc: members and staff);

(p) paragraph 6 of Schedule 21 (committees); and

(q) paragraph 8 of Schedule 21 (proceedings and meetings).

Application of provisions in the 2011 Act

11.—(1) Chapter 2 of Part 8 (mayoral development corporations) of the 2011 Act applies in relation to the Combined Authority as it applies in relation to the Mayor of London, with the modifications made by Schedule 4.

(2) 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 Schedule 4.

(3) Subject to paragraph (7), in any enactment passed or made on or before 8th May 2017—

(a) any reference to a Mayoral development corporation, or

(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.

(4) For the purposes of any transfer scheme 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 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, or

(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,

as it applies in relation to a Mayoral development corporation.

(5) 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), 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 Act) or making provision for varying the way in which a relevant tax has effect from time to time 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, the provisions in section 235 of the 2011 Act (orders and regulations) apply in relation to—

(a) the power of a Minister of the Crown to make an order under section 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a mayoral development corporation) of that Act; and

(b) the power of the Treasury to make regulations under paragraph 9(2) of Schedule 24 to that Act,

as they apply 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) and making provision for varying the way in which a relevant tax has effect from time to time in relation to a transfer of land to or from a Mayoral development corporation.

(6) In this article “transfer scheme” means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 Act.

(7) Paragraph (3) 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)(38);

(b) section 31(1A) of the 1999 Act (limits of the general power)(39);

(c) section 38 of the 1999 Act (delegation)(40);

(d) section 60A(3) of the 1999 Act (confirmation hearings etc for certain appointments by the Mayor)(41);

(e) section 68(6) of the 1999 Act (disqualification and political restriction)(42);

(f) section 73 of the 1999 Act (monitoring officer)(43);

(g) section 424 of the 1999 Act (interpretation)(44);

(h) section 24(4) of the 2004 Act (conformity with spatial development strategy)(45); and

(i) paragraph 8(8)(a) of Schedule 2 to the Crossrail Act 2008 (works: further and supplementary provisions)(46).

Incidental provisions

12.—(1) The following provisions of the 1989 Act(47) shall apply as if a Corporation were a local authority—

(a) section 1 (disqualification and political restriction of certain officers and staff)(48); and

(b) sections 2 and 3A (politically restricted posts and exemptions from restriction)(49) so far as they have effect for the purposes of that section.

(2) Section 5 of the 1989 Act (designation and reports of monitoring officer)(50) shall apply in relation to the Combined Authority as if a Corporation were a committee of the Authority.

13.  Section 32 of the 2003 Act applies in relation to expenditure of a Corporation but as if—

(a) each reference to a functional body were a references 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; and

(d) subsection (7) were omitted.

PART 5 Transport

Power to pay grant

14.—(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) and (2), 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 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 specified in paragraphs (1) and (2), 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) in subsections (3) and (4), the references to the person paying it (the grant) were references to the Combined Authority;

(d) 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.

Agreements between authorities and strategic highways companies

15.—(1) 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)(51) are exercisable by the Combined Authority in relation to the Area.

(2) 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)(52) are exercisable by the Combined Authority in relation to the Area.

(3) The functions referred to in paragraphs (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.

(4) In this article—

(a) “the 1980 Act” means the Highways Act 1980(53);

(b) “local highway authority” has the meaning given by section 329(1) of the 1980 Act.

Road safety

16.—(1) The functions of the constituent councils specified in section 39(2) and (3) of the 1988 Act (duties of local authorities to prepare and carry out a programme of measures designed to promote road safety, and carry out studies into accidents arising out of the use of vehicles on certain roads within their areas)(54) are exercisable by the Combined Authority in relation to the Area.

(2) The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.

Traffic regulation

17.—(1) The functions of the constituent councils as local traffic authorities specified in the following provisions of the 1984 Act are exercisable by the Combined Authority in relation to the Area—

(a) section 1 (traffic regulation orders outside Greater London)(55);

(b) section 2(4) (what a traffic regulation order may provide)(56); and

(c) section 9 (experimental traffic schemes)(57).

(2) The functions specified in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.

(3) Part 1 of, and Schedule 9 to, the 1984 Act apply in relation to the exercise by the Combined Authority of the functions specified in paragraph (1) as they apply in relation to the exercise by the constituent councils of those functions.

(4) The 1996 Regulations apply in relation to orders made or proposed to be made by the Combined Authority in exercise of the functions specified in paragraph (1) as they apply in relation to orders made or proposed to be made by the constituent councils in exercise of those functions.

(5) For the purposes of paragraph (4), references in the 1996 Regulations to an order making authority are to be read as including references to the Combined Authority.

(6) In this article “local traffic authority” has the meaning given by section 121A(58) of the 1984 Act.

PART 6 Funding

Funding

18.—(1) Subject to the provisions in article 5 of the 2014 Order(59) and paragraph (2), the constituent councils must ensure that any reasonably incurred costs of the Combined Authority are met to the extent that the Combined Authority has not decided to meet these costs from other resources available to the Combined Authority.

(2) Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of the functions specified in articles 3, 5, 6, 7, 10 and 19(10) 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 proportion to the total resident population of the Combined Authority which resides in the local government area of that council at the relevant date as estimated by the Statistics Board(60).

(4) In relation to the expenditure mentioned in paragraph (2)—

(a) to the extent to which such expenditure is to be met by amounts payable under arrangements made under paragraph (3)—

(i) the Mayor must agree with the Combined Authority the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure; and

(ii) in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred;

(b) any precept issued in relation to such expenditure under regulations made under section 40 of the Local Government Finance Act 1992(61) is to be disregarded from any calculation of the costs of the expenditure.

(5) The functions mentioned in articles 16 to 18 are to be funded out of the levy issued by the Combined Authority to the constituent councils under section 74 of the Local Government Finance Act 1988(62) and in accordance with the Transport Levying Bodies Regulations 1992(63).

(6) For the purposes of this article the relevant date in relation to a payment for a financial year is 30th June in the financial year which commenced two years prior to the financial year in which such payment is made.

PART 7 Functions of the Combined Authority exercisable only by the Mayor; political advisers

General functions of the Combined Authority exercisable only by the Mayor

19.—(1) The following functions(64) are general functions exercisable only by the Mayor(65)—

(a) the functions of the Combined Authority in the following enactments—

(i) sections 5 to 12 of, and paragraphs 19 and 20 of Schedule 3 and paragraphs 1 to 4, 6, 10 and 20 of Schedule 4 to, the 2008 Act;

(ii) section 31 of the 2003 Act;

(iii) sections 108 (local transport plans), 109 (further provision about plans: England) and 112 (plans and strategies: supplementary) of the Transport Act 2000 Act(66); and

(b) the functions of the Combined Authority corresponding to the functions specified in—

(i) sections 2A, 2B, 2C, 2E, 2F, 74, 226 , 227, 229, 230(1)(a), 232, 233, 235, 236 to 239 and 241 of the 1990 Act;

(ii) sections 334 to 342 and 346 of the 1999 Act;

(iii) sections 197, 199, 200, 202, 204, 214 to 217, 219 and 221 of, and paragraphs 1 to 4, 6 and 8 of Schedule 21 to the 2011 Act; and

(iv) the 2008 Order.

(2) The exercise of the functions mentioned in paragraph (1)(b)(i) and (iv) by the Mayor requires the consent of the member of the Combined Authority appointed by the constituent council to whom the application for planning permission was made, or the substitute member acting in place of that member, to be provided at a meeting of the Combined Authority(67).

(3) The exercise of the functions in section 334 (the spatial development strategy), 335 (public participation), 336 (withdrawal), 337 (publication) and 341 (alteration or replacement) of the 1999 Act by the Mayor requires a unanimous vote in favour by all members of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members, to be carried at a meeting of the Combined Authority.

(4) The Mayor may only exercise functions mentioned in paragraph (1)(a)(iii) if—

(a) the Mayor has laid before the Combined Authority, in accordance with standing orders of the Combined Authority—

(i) a draft of the local transport plan,

(ii) a draft of the local transport plan with any alterations, or

(iii) a replacement of the local transport plan,

stating that the Mayor is proposing to exercise the Mayor’s functions under sections 108 or 109 of the 2008 Act; and

(b) the consideration period for the document has expired without the Combined Authority having rejected the proposal.

(5) The Mayor may only exercise functions mentioned in paragraph (1)(a)(ii) if—

(a) the Mayor has laid before the Combined Authority, in accordance with standing orders of the Combined Authority, a document stating that the Mayor is proposing to pay a grant to one or more of the constituent councils towards expenditure incurred or to be incurred by it in relation to the exercise of its highway functions; and

(b) the consideration period for the document has expired without the Combined Authority having rejected the proposal.

(6) The exercise of the functions in section 9 of the 2008 Act and section 226 of the 1990 Act by the Mayor requires the consent of each member of the Combined Authority appointed by the constituent councils whose local government area contains any part of the land subject to the proposed compulsory acquisition or substitute members acting in place of those members.

(7) The exercise by the Mayor of the functions corresponding to the functions specified in section 197 (designation of Mayoral development areas) of the 2011 Act requires the consent of all members of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members, whose local government area contains any part of the area to be designated as a Mayoral development area.

(8) The exercise by the Mayor of the functions corresponding to the functions specified in section 199 (exclusion of land from Mayoral development areas) of the 2011 Act in respect of any Mayoral development area requires the consent of each member of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members, whose local government area contains any part of the area to be excluded from a Mayoral development area.

(9) The exercise by the Combined Authority of the functions corresponding to the functions specified 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 each member of the Combined Authority appointed by a constituent council, or a substitute member acting in place of that member, whose local government area contains the whole or any part of the area in respect of which the Combined Authority proposes to exercise the functions.

(10) Members and officers of the Combined Authority may assist the Mayor in the exercise of the functions mentioned in paragraph (1).

(11) For the purposes of paragraphs (4) and (5)—

(a) the “consideration period” for a document is the 21 days beginning with the day the document is laid before the Combined Authority in accordance with standing orders of the Combined Authority; and

(b) the Combined Authority rejects a proposal if it resolves to do so on a motion—

(i) considered at a meeting of the Combined Authority; and

(ii) agreed to by at least two-thirds of the members of the Combined Authority appointed by the constituent councils or the substitute members acting in place of that member, present and voting.

(12) For the purpose of the exercise of the general functions exercisable by the Mayor, the Mayor may do anything that the Combined Authority may do under section 113A of the 2011 Act (general power of EPB or combined authority)(68).

(13) Anything which, immediately before 8th May 2017, is in the process of being done by or in relation to the Combined Authority or by or in relation to a constituent council for the purposes of or in connection with the functions mentioned in paragraph (1), is to be treated as having been done by or in relation to the Mayor.

(14) For the purposes of paragraphs (6) to (9), the consent must be given at a meeting of the Combined Authority.

Political advisers

20.—(1) The Mayor may appoint one person as the Mayor’s political adviser.

(2) Any appointment under paragraph (1) is an appointment as an employee of the Combined Authority.

(3) No appointment under paragraph (1) shall extend beyond—

(a) the term of office for which the Mayor who made the appointment was elected; or

(b) where the Mayor who appointed the political adviser ceases to be the Mayor before the end of the term of office for which the Mayor was elected, the date on which the Mayor ceases to hold that office.

(4) A person appointed under paragraph (1) is to be regarded for the purposes of Part 1 of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under a local authority.

(5) Subject to paragraph (6), section 9(1), (8), (9) and (11) of the 1989 Act(69) (assistants for political groups), shall apply in relation to an appointment under paragraph (1) as if—

(a) any appointment to that post were the appointment of a person in pursuance of that section; and

(b) the Combined Authority were a relevant authority for the purposes of that section.

(6) Subsection (3) of section 9 of the 1989 Act shall apply in relation to an appointment under paragraph (1) as if the words “and that the appointment terminates” to the end of that subsection were omitted.

PART 8 Amendment of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014

Amendment of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014

21.—(1) The 2014 Order is amended as follows—

(2) Schedule 1 (constitution) is amended as follows—

(a) paragraph 2 is omitted;

(b) in paragraph 3—

(i) for sub-paragraph (1) substitute—

“(1) Subject to the following sub-paragraphs, any questions that are to be decided by the Combined Authority are to be decided by a majority of the members present and voting on that question at a meeting of the Combined Authority, such majority to include the Mayor, if the Mayor is in office, or the deputy Mayor acting in place of the Mayor, if the deputy Mayor is in office, and substitute members, acting in place of members.”;

(ii) for sub-paragraph (3) substitute—

“(3) Each member is to have one vote and no member is to have a casting vote.”;

(iii) for sub-paragraph (5) substitute—

“(5) A decision on a question relating to any of the matters specified in sub-paragraph (5A), where such a question does not relate to the exercise of a general function exercisable only by the Mayor in accordance with the provisions in article 20(1) of the Liverpool City Region Combined Authority (Functions and Amendment) Order 2017, requires a unanimous vote in favour by all members of the Combined Authority appointed by the constituent councils, or substitute members, acting in place of those members, present and voting on that question to be carried at a meeting of the Combined Authority.”; and

(iv) after sub-paragraph (5) insert—

“(5A) The matters referred to in sub-paragraph (5) are—

(a) the determination and review of any transitional arrangements on transport;

(b) all matters relating to the constitution of the Combined Authority;

(c) amendments to the standing orders of the Combined Authority;

(d) all matters relating to the management, maintenance and funding of the Key Route Network of local roads which are to be maintained by the Combined Authority; and

(e) such matters as may be determined by the Combined Authority and set out in its standing orders.”;

(v) for sub-paragraph (8) substitute—

“(8) The proceedings of the Combined Authority are not invalidated by any vacancy among its members or by any defect in the appointment or qualifications of any member.”;

(vi) after sub-paragraph (9) insert—

“(10) The provisions in this Schedule relating to the Mayor or deputy Mayor only have effect where the Mayor, or deputy Mayor, as the case may be, are in office.

(11) In sub-paragraphs (3) and (8), the reference to a member includes—

(a) the Mayor or the deputy Mayor acting in place of the Mayor;

(b) a constituent member or a substitute member acting in that member’s place; and

(c) a member appointed by the Local Enterprise Partnerships who has been given voting rights by resolution of the Combined Authority.”;

(c) for paragraph 7 substitute—

“7.— (1) Subject to sub-paragraph (3), no remuneration is to be payable by the Combined Authority to its members, other than allowances for travel and subsistence paid in accordance with a scheme drawn up by the Combined Authority.

(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 Combined Authority in respect of duties and responsibilities undertaken as a member of the Combined Authority.

(3) The Combined Authority may only pay an allowance to the Mayor if—

(a) the Combined Authority has considered a report published by an independent remuneration panel established by one or more of the constituent councils under regulation 20 of the Local Authorities (Members’ Allowances) (England) Regulations 2003(70) which contains recommendations for such an allowance; and

(b) the allowance paid by the Combined Authority does not exceed the amount specified in the recommendation made by the independent remuneration panel.”.

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

Sajid Javid

Secretary of State

Department for Communities and Local Government

16th March 2017