The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018

Article 4

SCHEDULE 1 E+W Constitution of the Combined Authority

Membership E+W

1.—(1) Each constituent council must appoint two of its elected members to be a member of the Combined Authority.

(2) Each constituent council must appoint two other elected members to act as a member of the Combined Authority in the absence of a member appointed under sub-paragraph (1) (“substitute member”).

(3) The Local Enterprise Partnership must nominate one of its members to be a member of the Combined Authority.

(4) The Local Enterprise Partnership must nominate another of its members to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (3) (“the Local Enterprise Partnership Substitute Member”).

(5) The Combined Authority must appoint a member nominated by the Local Enterprise Partnership as a member of the Combined Authority (“Local Enterprise Partnership Member”).

(6) The Combined Authority must appoint another member nominated by the Local Enterprise Partnership to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (5) (“the substitute member”).

(7) For the purposes of this Schedule any reference to a member is to be treated as including a reference to the Local Enterprise Partnership Member.

(8) A person ceases to be a member or substitute member of the Combined Authority if they cease to be a member of—

(a) the constituent council that appointed them; or

(b) the Local Enterprise Partnership that nominated them.

(9) A person may resign as a member or substitute member of the Combined Authority, as the case may be, by written notice served on—

(a) the proper officer of the constituent council that appointed them; or,

(b) the chairman or vice-chairman of the Local Enterprise Partnership that nominated them,

and the resignation will take effect on receipt of the notice by the proper officer of the council or chairman or vice-chairman of the Local Enterprise Partnership (as the case may be).

(10) Where a member or substitute member’s appointment ceases by virtue of sub-paragraph (8) or (9)—

(a) the constituent council that made the appointment must, as soon as practicable, give written notice of that fact to the Combined Authority and appoint another of its elected members in that person’s place; or

(b) the Local Enterprise Partnership must, as soon as practicable, give written notice of that fact to the Combined Authority and nominate another of its members in that person’s place.

(11) A constituent council may at any time terminate the appointment of a member or substitute member appointed by it to the Combined Authority and appoint another one of its elected members in that person’s place.

(12) Where a constituent council terminates an appointment under sub-paragraph (11), it must give written notice of the new appointment and the termination of the previous appointment to the Combined Authority and the new appointment will take effect and the previous appointment terminate at the end of the period of one week beginning with the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.

(13) The Local Enterprise Partnership may at any time terminate the appointment of a member or substitute member nominated by it to the Combined Authority and nominate another of its members in that person’s place.

(14) Where the Local Enterprise Partnership terminates an appointment under sub-paragraph (13), it will give written notice of the new nomination and the termination of the previous appointment to the Combined Authority.

(15) The Combined Authority must appoint a member nominated under sub-paragraph (14) and the new appointment will take effect and the previous appointment terminate at the end of the period of one week beginning with the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.

(16) The Combined Authority must appoint a member nominated under sub-paragraph (10)(b) or sub-paragraph (14) at the next meeting of the Combined Authority.

(17) For the purposes of this paragraph, an elected mayor of a constituent council is to be treated as a member of the constituent council.

Commencement Information

I1 Sch. 1 para. 1 in force at 2.11.2018, see art. 1

Interim Mayor E+W

2.—(1) The Combined Authority must appoint an additional member of the Combined Authority, to be known as Interim Mayor, in addition to the members appointed under paragraph 1 of this Schedule.

(2) A person who—

(a) is resident in the area of any one of the constituent councils;

(b) is—

(i) an elected member of a constituent council;

(ii) an elected mayor of a constituent council;

(iii) the Northumbria Police and Crime Commissioner; or

(iv) a Member of Parliament or Member of the European Parliament with a constituency wholly or partly within the area of the Combined Authority; and

(c) holds such elected office referred to in paragraph (b) at the date of application for the position of Interim Mayor and on the date of appointment,

is eligible for appointment as Interim Mayor.

(3) A person may only be appointed as Interim Mayor if—

(a) the person is eligible to be appointed under sub-paragraph (2);

(b) the person has submitted an application in accordance with any application procedure and timetable determined by the Combined Authority;

(c) the person has been nominated by at least one member of the Combined Authority in accordance with any application procedure and timetable determined by the Combined Authority following consideration by the Combined Authority of all applications for the office; and

(d) the appointment has been approved by the Combined Authority by a simple majority at a meeting of the Combined Authority following a vote of its members.

(4) The Interim Mayor must cease to hold office on 6th May 2019.

(5) A person may resign as Interim Mayor by written notice served on the proper officer of the Combined Authority and the resignation will take effect on receipt of the notice by the proper officer.

(6) The Combined Authority may terminate the appointment of the Interim Mayor, provided that the voting members vote in favour of a resolution to terminate such appointment at a meeting of the Combined Authority.

(7) In sub-paragraph (6) the “voting members” are the persons referred to in sub-paragraph 4(3)(a) and (b).

(8) Where a person ceases to be an Interim Mayor by virtue of sub-paragraph (5) or (6), the Combined Authority may appoint a further Interim Mayor in accordance with this paragraph.

(9) Where the person appointed as Interim Mayor is member of a constituent council of the Combined Authority, the Interim Mayor will cease to be treated as a member under sub-paragraph (1) of paragraph 1 and the constituent council must appoint another of its elected members to be a member of the Combined Authority under that sub-paragraph.

Commencement Information

I2 Sch. 1 para. 2 in force at 2.11.2018, see art. 1

Chair and vice chair(s)—Interim Mayor E+W

3.—(1) The Combined Authority must appoint a person from among its members to act as chair until an Interim Mayor is appointed.

(2) The appointment of a chair is to be the first business transacted after the appointment of members of the Combined Authority, at the first meeting of the Combined Authority.

(3) A person ceases to be chair of the Combined Authority if they cease to be a member of the Combined Authority.

(4) If a vacancy arises in the office of chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the Combined Authority, or, if that meeting is to be held within the period of 14 days beginning with the day on which the vacancy arose, at the meeting following that meeting.

(5) Where the Combined Authority has appointed an Interim Mayor—

(a) the Interim Mayor becomes the chair of the Combined Authority;

(b) the Combined Authority may appoint one or more vice-chairs from among its members; and

(c) the appointment of any vice-chair under paragraph (b) must take place as the first item of business of the first meeting of the Combined Authority following the appointment of the Interim Mayor.

(6) If a vacancy arises in the office of Interim Mayor, the Combined Authority—

(a) may appoint a vice-chair as acting Interim Mayor to exercise the functions of Interim Mayor until a permanent appointment of a new Interim Mayor can be made; and

(b) must commence the appointment process referred to in paragraph 2 to fill the vacancy at the next ordinary meeting of the Combined Authority or, if that meeting is to be held within the period of 14 days beginning with the day on which the vacancy arose, at the meeting following that meeting.

Commencement Information

I3 Sch. 1 para. 3 in force at 2.11.2018, see art. 1

Proceedings E+W

4.—(1) Only one of the members appointed by each constituent council has voting rights (“the voting member”).

(2) The other member appointed by each constituent council is to be a non-voting member but may exercise a voting right if the voting member is absent or agrees the non-voting member should exercise their voting right at a meeting (“the non-voting member”).

(3) Each of the following persons has one vote—

(a) the voting member or the non-voting member acting in that member’s place;

(b) where both the voting member and the non-voting member are absent, a substitute member acting in the voting member’s place;

(c) the Mayor or deputy mayor acting in place of the Mayor;

(d) subject to sub-paragraph (4), an Interim Mayor, other than an acting Interim Mayor;

(e) a member appointed from a Local Enterprise Partnership who has been given voting rights by resolution of the Combined Authority or a substitute member acting in that member’s place,

and no member or substitute member is to have a casting vote.

(4) If an Interim Mayor is not an elected member of a constituent council the Interim Mayor is to be a non-voting member of the Combined Authority.

(5) A member or substitute member nominated by the Local Enterprise Partnership is to be a non-voting member of the Combined Authority but may be given voting rights by resolution of the Combined Authority.

(6) No business is to be transacted at a meeting of the Combined Authority unless the persons referred to in sub-paragraph (3)(a) to (d) are present at the meeting.

(7) 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 relevant members of the authority present and voting on that question.

(8) A decision on a question relating to any allowance payable to the Mayor or Interim Mayor under sub-paragraph 5(3) is to be decided by a majority of the relevant members of the authority excluding the Mayor, deputy Mayor or an Interim Mayor.

(9) If a vote is tied on any matter it is deemed not to have been carried.

(10) A decision on a question relating to the matters set out in sub-paragraph (11) requires both—

(a) a vote in favour by a majority of relevant members present and voting on that question; and

(b) a unanimous vote in favour by the persons referred to in sub-paragraph (3)(a) and (b), present and voting on that question at a meeting of the Combined Authority at which all relevant members are present.

(11) The matters referred to in sub-paragraph (10) are—

(a) the adoption of any strategic growth plan as provided for in the Combined Authority’s standing orders or the alteration, withdrawal or replacement of that plan;

(b) the approval of growth schemes set out in any strategic growth plan, or the alteration, withdrawal or replacement of that plan;

(c) the approval of the Combined Authority’s annual budget excluding any spending plans related to the functions conferred on the Mayor under article 26 or the functions conferred on the joint transport committee under article 9(1);

(d) the approval of borrowing limits, treasury management strategy including reserves, investment strategy and capital budget of the Combined Authority or the alteration, withdrawal or replacement of those limits or that strategy;

(e) the approval of such other plans and strategies as may be determined by the Combined Authority and set out in its standing orders excluding any plans or strategies related to the functions conferred on the joint transport committee under article 9(1); and

(f) the approval of the Combined Authority’s constitution and standing orders and any amendments.

(12) Where the Mayor votes against a decision of the Combined Authority which is carried under sub-paragraph (7) or (10), the Mayor may seek a review of the decision by making an application to the authority’s monitoring officer within 24 hours of the decision being taken.

(13) Where an application for review is made in accordance with sub-paragraph (12), the Combined Authority must reconsider the decision and a further vote must be held on the question under consideration in accordance with sub-paragraph (7) or (10), as appropriate.

(14) The Combined Authority must publish the reasons for any decision taken following a further vote on a question under sub-paragraph (13).

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

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

(17) In this paragraph—

(a) “relevant members” are the persons referred to in sub-paragraph (3).

(b) “monitoring officer” means the officer designated by the Combined Authority under section 5(1) of the 1989 Act.

Commencement Information

I4 Sch. 1 para. 4 in force at 2.11.2018, see art. 1

Remuneration E+W

5.—(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 pay an allowance to the Mayor or Interim 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(1) 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.

Commencement Information

I5 Sch. 1 para. 5 in force at 2.11.2018, see art. 1

Committees—functions exercisable by the Combined Authority other than the functions conferred by Part 3 E+W

6.—(1) This paragraph applies to the functions exercisable by the Combined Authority other than the functions conferred by Part 3.

(2) The Combined Authority must appoint at least three members of each of the constituent councils to be members of the authority’s overview and scrutiny committee(2).

(3) An overview and scrutiny committee appointed by the Combined Authority may not include any substitute member of the Combined Authority.

(4) The Combined Authority must appoint an appropriate person to be the chair of the overview and scrutiny committee appointed by the Combined Authority.

(5) The Combined Authority must appoint at least three members of each of the constituent councils and at least one independent person to be members of the authority’s audit committee.

Commencement Information

I6 Sch. 1 para. 6 in force at 2.11.2018, see art. 1

Records E+W

7.—(1) The Combined Authority must make arrangements for the names of members and substitute members present at any meeting to be recorded.

(2) Minutes of the proceedings of a meeting of the Combined Authority, or any committee or sub-committee of the Combined Authority, are to be kept in such form as the Combined Authority may determine.

(3) Any such minutes are to be signed at the same or next suitable meeting of the Combined Authority, committee or sub-committee as the case may be, by the person presiding at the meeting.

(4) Any minute purporting to be signed as mentioned in sub-paragraph (3) is to be received in evidence without further proof.

(5) Until the contrary is proved, a meeting of the Combined Authority, committee or sub-committee, a minute of whose proceedings has been signed in accordance with this paragraph, is deemed to have been duly convened and held, and all the members and substitute members present at the meeting are deemed to have been duly qualified.

(6) For the purposes of sub-paragraph (3) the next suitable meeting is the next following meeting or, where standing orders made by the Combined Authority provide for another meeting of the authority, committee or sub-committee, to be regarded as suitable, either the next following meeting or that other meeting.

Commencement Information

I7 Sch. 1 para. 7 in force at 2.11.2018, see art. 1

Standing orders E+W

8.  The Combined Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.

Commencement Information

I8 Sch. 1 para. 8 in force at 2.11.2018, see art. 1

(1)

S.I. 2003/1021.

(2)

Paragraphs 1(1) and 4(1) of Schedule 5A to the 2009 Act require a combined authority to arrange for the appointment of one or more overview and scrutiny committees and for the appointment of an audit committee.