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

Article 4(1) and (2)

SCHEDULE Modification of the application of Part 8 of the 2011 Act

1.—(1) Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) is modified in accordance with the following provisions.

(2) Section 196 of the 2011 Act (interpretation of Chapter) is to be read as if—

(a) the definition of “the Mayor” were omitted;

(b) the definition of “MDC” were omitted; and

(c) at the appropriate places there were inserted—

““the Area” means the area of the GMCA;”;

““the GMCA” means the Greater Manchester Combined Authority, established by the Greater Manchester Combined Authority Order 2011;”;

““Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 following the designation of an area of land by the GMCA;”;

““National Park” means a National Park mentioned in column 1 of Part 1 of Schedule 1 to the National Park Authorities (England) Order 2015(1);”; and

““National Park authority” means a National Park authority for a National Park.”.

(3) Sections 196 to 222 of the 2011 Act has effect as if for every reference to—

(a) “the Greater London Authority” there were substituted “the GMCA”; and

(b) “the Mayor” there were substituted “the GMCA” except for the occurrences in sections 197(3)(d) and (e), 199(2), 202(7)(a) and 214(4)(a); and

(c) “MDC” there were substituted “Corporation”.

(4) Section 197 of the 2011 Act (designation of Mayoral development areas) has effect as if —

(a) in subsection (1) for “Greater London” there were substituted “the Area”.

(b) in subsection (3)—

(i) in paragraph (a) for “any one or more of the Greater London Authority’s principal purposes” there were substituted “economic development and regeneration in the Area(2)”;

(ii) in paragraph (d)—

(aa) for “the London Assembly” there were substituted “the members of the GMCA who are appointed by the constituent councils (including substitute members, acting in place of those members)”

(bb) for “the Mayor” there were substituted “the Mayor for the Area”; and

(cc) for “subsection (4)(d), (e), (f) or (g)” there were substituted “subsection 4(d) and (e)”; and

(iii) in paragraph (e)—

(aa) for “the Mayor” there were substituted “the Mayor for the Area”; and

(bb) for “the London Assembly” there were substituted “the GMCA”;

(iv) in paragraph (f) for “the London Assembly” there were substituted “the GMCA”;

(c) in subsection (4)—

(i) in paragraph (a) for “the London Assembly” there were substituted “the members of the GMCA who are appointed by the constituent councils (including substitute members, acting in place of those members)”;

(ii) paragraph (b) were omitted;

(iii) in paragraph (d) for “each London borough council whose borough” there were substituted a reference to “each district council or county council whose local government area”;

(iv) in paragraph (e) for “the Common Council of the City of London if any part of the area is within the City” there were substituted “a National Park authority if any part of the area is within a National Park,”;

(v) paragraphs (f) and (g) were omitted;

(d) in subsection (5)—

(i) in paragraph (a) for “the London Assembly” there were substituted “the GMCA”;

(ii) in paragraph (b) for “the London Assembly” there were substituted “the GMCA”;

(iii) in paragraph (b)(i) for “the Assembly” there were substituted “the GMCA”;

(iv) in paragraph (b)(ii) for “the Assembly members voting” there were substituted “all members of the GMCA who are appointed by the constituent councils (including substitute members, acting in place of those members) present and voting on that motion”;

(e) in subsection (6)(c) for “Mayoral development corporation” there were substituted “Corporation”; and

(f) subsection (7) were omitted.

(5) Section 198 of the 2011 Act (Mayoral development corporations: establishment) has effect as if—

(a) in the heading for “Mayoral development corporations” there were substituted “Corporations”; and

(b) for every reference to “Mayoral development corporation” there were substituted “Corporation”.

(6) Section 199 of the 2011 Act (exclusion of land from Mayoral development areas) has effect as if—

(a) for “the London Assembly” there were substituted “the members of the GMCA who are appointed by the constituent councils (including substitute members, acting in place of those members)”; and

(b) in subsection (2) for “the Mayor” there were substituted “the Mayor for the Area”.

(7) Section 200 of the 2011 Act (transfers of property etc to a Mayoral development corporation) has effect as if—

(a) in subsection (3)—

(i) in paragraph (a), for “a London borough council” there were substituted a reference to “a district council or county council wholly or partly in the Area”;

(ii) paragraph (b) were omitted;

(iii) in paragraphs (d) and (e), for “in Greater London” there were substituted a reference to “in the Area”;

(iv) paragraphs (f) to (h) were omitted;

(v) paragraph (k) were omitted;

(b) in subsection (4) paragraph (b) were omitted;

(c) subsection (7) were omitted;

(d) subsection (8) were omitted; and

(e) in subsection (10), the definitions of a “functional body” and “public authority” were omitted.

(8) Section 201 of the 2011 Act (object and powers) has effect as if subsection (8)(b) were omitted.

(9) Section 202 of the 2011 Act (functions in relation to town and country planning) has effect as if—

(a) in subsection (7)(a) for “the Mayor” there were substituted “the Mayor for the Area”,

(b) in subsection (7)(c) for “the London Assembly” there were substituted “the members of the GMCA who are appointed by the constituent councils (including substitute members, acting in place of those members)”, and

(c) in the definition of “affected authority”,“(f) or (g)” were omitted.

(10) Section 203 of the 2011 Act (arrangements for discharge of, or assistance with, planning functions) has effect as if—

(a) for each reference to “a London borough council or the Common Council of the City of London” there were substituted a reference to “a district council, county council or a National Park authority”; and

(b) in sub-sections (1) and (5), for each reference to “council” there were substituted “council or National Park Authority”.

(11) Section 207 of the 2011 Act (acquisition of land) has effect as if—

(a) in subsection (2) for “in Greater London” there were substituted a reference to “in the Area”; and

(b) in subsection (3) for the words “the Mayor of London” there were substituted “the GMCA”.

(12) Section 214 of the 2011 Act (powers in relation to discretionary relief from non-domestic rates) has effect as if—

(a) in subsection (4)(a) for “the Mayor” there were substituted “the Mayor for the Area”;

(b) in subsection (4)(c) for “the London Assembly or an affected local authority” there were substituted “the members of the GMCA who are appointed by the constituent councils (including substitute members, acting in place of those members) or a district council or county council wholly or partly in the Area”; and

(c) in subsection (4) the definition of “an affected local authority” were omitted.

(13) Section 216 of the 2011 Act (transfers of property, rights and liabilities) has effect as if—

(a) in subsection (2) “, (e)” were omitted; and

(b) in subsection (4)—

(i) the definition of “functional body” were omitted; and

(ii) in the definition of “permitted recipient”—

(aa) paragraph (b) were omitted,

(bb) in paragraph (d) for “a London borough council” there were substituted “a district council or county council wholly or partly within the Area”, and

(cc) paragraph (e) were omitted.

(14) Schedule 21 of the 2011 Act (Mayoral development corporations) has effect as if—

(a) for each reference to—

(i) “the Mayor” there were substituted “the GMCA”, except for the reference in paragraph 1(1);

(ii) “the Mayor’s” there were substituted “the GMCA’s”;

(b) for each reference to “MDC” there were substituted “the Corporation”;

(c) in paragraph 1(1)—

(i) for the reference to “Mayoral development corporation (“MDC”)” there were substituted “Corporation”;

(ii) for the reference to “the Mayor of London (“the Mayor”)” there were substituted “the GMCA”;

(d) in paragraph 1(2) for the reference to “each relevant London council” there were substituted a reference to “each relevant district council or county council”;

(e) in paragraph 1(3)—

(i) sub-paragraph (a) were omitted, and

(ii) in sub-paragraph (b) for “a London council” there were substituted “a district council or county council”;

(f) in paragraph 2(5)(d) for “a relevant London council” there were substituted “a relevant district council or county council”;

(g) in paragraph 4(4) for the reference to “the London Assembly” there were substituted a reference to “the GMCA”;

(h) in paragraph 9(c) for “each relevant London council” there were substituted “each relevant district council or county council”; and

(i) in paragraph 10(1)(c) the reference to “and to the London Assembly” were omitted.

(1)

S.I. 2015/770.

(2)

Article 10 of, and Schedule 3 to, the 2011 Order confer on the Combined Authority functions exercisable for the purpose of economic development and regeneration.