The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021

PART 1 General

Citation, commencement and application

1.—(1) This Order may be cited as the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021.

(2) Save as provided in paragraphs (3) and (4) this Order comes into force on the day after the day on which it is made.

(3) Articles 4 and 27 come into force on the fourth day after the day of the election for the return of the Mayor.

(4) Articles 34(1), 35, 36, 37 and 38 come into force on 10th May 2021.

(5) Articles 6 and 7 of this Order only apply in relation to the provision of education or training in an academic year beginning on or after 1st August 2021.

(6) In paragraph (5), “academic year” means a period beginning with 1st August and ending with the next 31st July.

Interpretation

2.  In this Order—

“the 1984 Act” means the Road Traffic Regulation Act 1984(1);

“the 1985 Act” means the Housing Act 1985(2);

“the 1989 Act” means the Local Government and Housing Act 1989(3);

“the 1990 Act” means the Town and Country Planning Act 1990(4);

“the 1999 Act” means the Greater London Authority Act 1999(5);

“the 2003 Act” means the Local Government Act 2003(6);

“the 2008 Act” means the Housing and Regeneration Act 2008(7);

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009(8);

“the 2011 Act” except in Part 10 and Schedule 5 means the Localism Act 2011(9);

“the BRS Act” means the Business Rate Supplements Act 2009(10);

“the 1996 Regulations” means the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996(11);

“the 2014 Order” means the West Yorkshire Combined Authority Order 2014(12);

“adult detention” has the meaning given by section 121(4) of the Apprenticeships, Skills, Children and Learning Act 2009;

“apprenticeship training” has the meaning given by section 83(5) of the Apprenticeships, Skills, Children and Learning Act 2009;

“the Area” means the area of the West Yorkshire Combined Authority;

“the Combined Authority” means the West Yorkshire Combined Authority;

“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, as modified by Schedule 3, following the designation of an area of land by the Combined Authority;

“constituent councils” means the metropolitan district councils for the local government areas of Bradford, Calderdale, Kirklees, Leeds and Wakefield;

“the deputy mayor for policing and crime” means the deputy mayor for policing and crime for the Area;

“election for the return of the mayor” means an election held pursuant to article 3 of this Order;

“the ordinary day of election”, in relation to any year means the day which is the ordinary day of election in that year of councillors for counties in England and districts as determined in accordance with sections 37 and 37A of the Representation of the People Act 1983(13).

“Mayor” means the mayor for the Area, except in the term “Mayor of London”;

“non-constituent council” means the council for the local government area of York;

“the police and crime commissioner” means the police and crime commissioner for West Yorkshire;

“the PCC component” means the component of the precept under section 40 of the Local Government Finance Act 1992(14) (as modified by the Combined Authorities (Finance) Order 2017)(15) in respect of the Mayor’s PCC functions(16); and

“the PCC component council tax requirement” means the component of the council tax requirement calculated under section 42A of the Local Government Finance Act 1992 (as modified by the Combined Authorities (Finance) Order 2017) in respect of the Mayor’s PCC functions.

(1)

1984 c. 27.

(2)

1985 c. 68.

(3)

1989 c. 42.

(4)

1990 c. 8.

(5)

1999 c. 29.

(6)

2003 c. 26.

(7)

2008 c. 17.

(8)

2009 c. 20.

(9)

2011 c. 20.

(10)

2009 c. 7.

(11)

S.I. 1996/2489 amended in relation to England by S.I. 2009/1116.

(12)

S.I. 2014/864.

(13)

1983 c. 2.

(14)

1992 c. 14. Section 42A was inserted by section 75 of the Localism Act 2011 (c. 20) and amended by article 3 of S.I. 2014/389. Section 107G of the Local Government and Devolution Act 2016 (c.1) provides that, wherever a mayor exercises policing and crime commissioner functions, there must be a separate component of the council tax requirement in respect of the mayor’s PCC functions.

(15)

S.I. 2017/611.

(16)

“PCC functions” is defined in section 107F(3) of the Local Democracy, Economic Development and Construction Act 2009 (c. 20).