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

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

I1 Sch. 1 para. 4 in force at 2.11.2018, see art. 1