The Greater Manchester Combined Authority (Functions and Amendment) Order 2017

Functions exercisable only by the mayor

15.—(1) The functions of the GMCA corresponding to the functions in the following enactments are general functions exercisable only by the Mayor(1)—

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

(b) section 31 of the 2003 Act;

(c) the following provisions of Part 2 of the 2000 Act—

(i) section 108(1)(a)(2) (local transport plans);

(ii) section 108(3)(3);

(iii) section 109(4) (further provision about plans: England);

(d) the following provisions of Part 2 of the 2000 Act, to the extent that they apply in relation to functions exercisable by the Mayor—

(i) section 108(1)(b);

(ii) section 108(2ZA) and (2ZB)(5);

(iii) section 108(3B)(6); and

(iv) section 112(7) (plans and strategies: supplementary).

(2) For the purposes of the exercise of general functions—

(a) members and officers of the GMCA may assist the Mayor; and

(b) the Mayor has the power to do in relation to the general functions anything that the GMCA may do under section 113A of the 2009 Act (general power of EPB or combined authority) for the purposes of its functions(8).

(3) Any exercise by the Mayor of the general functions mentioned in paragraph (1)(c)(i) and (ii) or the functions in section 109 (1) or (2) of the 2000 Act requires a vote in favour by members of the GMCA, or substitute members acting in place of those members, present and voting on that question at a meeting of the GMCA, in accordance with the voting arrangements set out at paragraph 3(2C) and (2D) of Schedule 1 to the 2011 Order.

(4) The Mayor may not make arrangements in accordance with section 107D(3) of the 2009 Act(9) in relation to the level or amount of earn back to be used or allocated to any exercise of a general function.

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

(6) In paragraphs (4) and (5) “earn back” means the arrangements specified in paragraph 17 of the Greater Manchester Agreement of 3rd November 2014(10).

(1)

Section 107D(2) of the 2009 Act provides that in Part 6 of that Act references to “general functions”, in relation to a mayor for the area of a combined authority, are to any functions exercisable by the mayor other than PCC functions.

(2)

Subsection (1)(a) was amended by Part 1 of Schedule 7 to the Local Transport Act 2008.

(3)

Subsection (3) was substituted, for subsection (3) as originally enacted, by section 9(1) of the Local Transport Act 2008.

(4)

Section 109 was amended by paragraph 3 of the Schedule to the Transport (Wales) Act 2006, section 9 of the Local Transport Act 2000, and paragraph 97 of Schedule 6 to the 2009 Act.

(5)

Subsections (2ZA) and (2ZB) were inserted by section 8(4) of the Local Transport Act 2008.

(6)

Subsection (3B) was inserted by section 9(1) of the Local Transport Act 2008.

(7)

Section 112 was amended by sections 10 and 11 of, and Part 1 of Schedule 7 to, the Local Transport Act 2008, and by section 211 of, and paragraph 48 of Schedule 26 to, the Equality Act 2010 (c. 15), as inserted by S.I. 2010/2279.

(8)

Section 113A was inserted by section 13 of the 2011 Act and amended by section 23 of, and paragraph 25 of Schedule 5 to, the 2016 Act.

(9)

Section 107D(3) of the 2009 Act provides for the mayor for the area of a combined authority to make arrangements for the exercise of any general function of the mayor.

(10)

The Greater Manchester Agreement of 3rd November 2014 is available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/369858/Greater_Manchester_Agreement_i.pdf. A written copy of the Greater Manchester Agreement of 3rd November 2014 is available on request from the Department for Communities and Local Government, Fry Building, 2 Marsham Street, London SW1P 4DF.