EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the conferral of functions on and the amendment to the constitution of the Tees Valley Combined Authority, to reflect the appointment of a Mayor for the area of the Combined Authority following the making of the Tees Valley Combined Authority (Election of Mayor) Order 2016 (S.I 2016/783). The Combined Authority was established by the Tees Valley Combined Authority Order 2016 (S.I. 2016/449) (the 2016 Order). This Order has been made following the publication on 8th July 2016 of a scheme for the conferral of functions on the Combined Authority. This scheme is available at: https://teesvalley-ca.gov.uk/wp-content/uploads/2016/07/Doc-B-Scheme-final-160716.pdf.

Article 3 of the Order makes provision for the power of a Minister of the Crown to pay grant under section 31 of the Local Government Act 2003 exercisable in relation to the Combined Authority’s area to be a function of the combined authority. The function is to be exercisable by the Mayor of the Combined Authority and the grant can only be paid towards expenditure incurred or to be incurred by a constituent council.

Article 4 of the Order makes provision for certain local transport functions of the constituent councils to be exercisable by the Combined Authority in relation to the area of the Combined Authority. The functions are exercisable by the Combined Authority instead of by the constituent councils. The article also omits article 6 of the 2016 Order which delegated those functions to the Combined Authority.

Article 5 of the order provides for the function of the constituent councils under section 8 of the Housing Act 1985 (periodical review of housing needs) to be exercisable by the Combined Authority in relation to the area of the Combined Authority. The function is exercisable concurrently with the constituent councils.

Article 6 of the Order sets out the functions of the Combined Authority which are to be only exercisable by the Mayor, and enables members and officers of the Combined Authority to assist the Mayor in the exercise of those functions.

Article 7 provides that the costs of the Combined Authority reasonably attributable to the exercise of the function mentioned in article 5 is funded by contributions from the Combined Authority’s constituent councils.

Article 8 of the Order makes provision for the amendment of the constitution of the Combined Authority, to reflect the appointment of a Mayor for the area of the Combined Authority.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.