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

PART 6 Data sharing; delegation of functions; mayoral functions

Data sharing

13.—(1) The functions of the constituent councils contained in section 17A of the Crime and Disorder Act 1998 (sharing of information)(1) are exercisable by the GMCA in relation to its area.

(2) The GMCA is a relevant authority for the purposes of section 115 of the Crime and Disorder Act 1998 (disclosure of information)(2).

(3) The functions mentioned in paragraph (1) are exercisable concurrently with the constituent councils.

(4) The GMCA is a local enforcing authority for the purposes of section 113 of the Environment Act 1995 (disclosure of information)(3) in consequence of the functions conferred by paragraphs 3 to 5 of Schedule 3 to the 2011 Order.

(5) The GMCA is to be treated as a local authority in consequence of the functions conferred by paragraph 6 of Schedule 3 to the 2011 Order and article 12(1)(a) to (d) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2016(4) for the purposes of section 122 of the Apprenticeships, Skills, Children and Learning Act 2009 (sharing of information for education and training purposes)(5).

(6) The GMCA is to be treated as a local authority in consequence of the functions conferred by article 12(1)(e) to (i) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2016 for the purposes of—

(a) section 14 of the 2008 Act (educational institutions: duty to provide information)(6);

(b) section 16 of the 2008 Act (supply of information by public bodies)(7);

(c) section 17 of the 2008 Act (sharing and use of information held for purposes of support services or functions under this Part)(8); and

(d) section 77 of the 2008 Act (supply of information by public bodies)(9).

(7) In this article, “the 2008 Act” means the Education and Skills Act 2008(10).

Arrangements for delegation of general functions of the Mayor

14.  In arrangements made under section 107D(3)(b) and (7)(b) of the 2009 Act (functions of mayors: general) the Greater Manchester Passenger Transport Executive(11) is to be treated as if it were an officer of the GMCA.

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(12)—

(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)(13) (local transport plans);

(ii) section 108(3)(14);

(iii) section 109(15) (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)(16);

(iii) section 108(3B)(17); and

(iv) section 112(18) (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(19).

(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(20) 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(21).

(1)

1998 c. 37. Section 17A was inserted by section 22 of, and paragraph 5 of Schedule 9 to, the Police and Justice Act 2006 (c. 48).

(2)

Section 115 was amended by section 74 of, and paragraphs 150 and 151 of Part 2 of Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c. 43); section 97 of the Police Reform Act 2002 (c. 30); section 219 of the Housing Act 2004 (c. 34); section 22 of, and paragraph 7 of Schedule 9 to, the Police and Justice Act 2006; section 29 of the Transport for London Act 2008 (c. 1); section 99 of, and paragraphs 231 and 238 of Part 3 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011; section 55 of, and paragraphs 83 and 90 of Schedule 5 to, the Health and Social Care Act 2012 (c. 7); and by S.I. 2000/90, S.I. 2002/2469, S.I 2007/961, S.I 2008/912, S.I. 2010/866 and S.I. 2013/602.

(3)

1995 c. 25. Section 113 was amended by section 6 of, and paragraphs 14 and 18 of Schedule 2 to, and by paragraph 1 of Schedule 3 to, the Pollution Prevention and Control Act 1999 (c. 24) and by S.I. 2000/1973.

(4)

S.I. 2016/1267.

(5)

Section 122 was amended by section 67 of, and paragraphs 46 and 48 of Schedule 16 to, the Education Act 2011; section 64 of, and paragraphs 1 and 28 of Part 1 of Schedule 14 to, the Deregulation Act 2015; paragraphs 1 and 7 of Schedule 4 to the Deregulation Act 2016 (c. 12); and by S.I. 2010/1158.

(6)

Section 14 was amended by S.I. 2010/1158.

(7)

Section 16 was amended by section 55 of, and paragraphs 168 and 169 of Schedule 15 to, the Health and Social Care Act 2012 and by S.I. 2010/1080 and S.I. 2010/1158.

(8)

Section 17 was amended by section 254 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22); section 82 of, and paragraphs 82 and 84 of Part 2 of Schedule 3 to, the Children and Families Act 2014 (c. 6) and by S.I. 2010/1158.

(9)

Section 77 was amended by section 67 of, and paragraphs 40 and 43 of Schedule 16 to, the Education Act 2011 (c. 21); section 55 of, and paragraphs 168 and 170 of Schedule 15 to, the Health and Social Care Act 2012; section 64 of, and paragraphs 60 and 63 of Part 2 of Schedule 14 to, the Deregulation Act 2015 (c. 20); and by S.I. 2010/1080 and S.I. 2010/1158.

(10)

2008 c. 25.

(11)

The Greater Manchester Passenger Transport Executive was established by the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 1969 (S.I. 1969/95).

(12)

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.

(13)

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

(14)

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

(15)

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.

(16)

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

(17)

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

(18)

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.

(19)

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.

(20)

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.

(21)

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.