The York and North Yorkshire Combined Authority Order 2023
- (a)
the making of this Order is likely to improve the exercise of statutory functions in the area to which the Order relates; and
- (b)any consultation required by section 110(2) of the 2009 Act3 has been carried out.
The Secretary of State is satisfied that the area to which this Order relates meets the conditions set out in section 103(2) and (5) of the 2009 Act.
In accordance with sections 104(10), 105(3A), 105B(1) and (2), 107D(9) and 107F(4) of the 2009 Act, the councils for the local government areas of North Yorkshire and the City of York have consented to the making of this Order.
In accordance with section 105B(9) of the 2009 Act the Secretary of State has laid before Parliament a report explaining the effect of this Order and why the Secretary of State considers it appropriate to make this Order.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) of the 2009 Act.
Accordingly, the Secretary of State makes the following Order—
PART 1General
Citation, commencement and extent1.
(1)
This Order may be cited as the York and North Yorkshire Combined Authority Order 2023.
(2)
Save as provided in paragraph (3) this Order comes into force on the day after the day on which it is made.
(3)
Articles 27, 41(1) and 42 to 44 come into force on 7th May 2024.
(4)
This Order extends to England and Wales.
Interpretation2.
In this Order and in any modifications to legislation made by this Order—
“Area” means the area of the Combined Authority;
“chief fire officer” means the person with responsibility for managing the fire and rescue service;
“Combined Authority” means the York and North Yorkshire Combined Authority as established by article 3;
“community risk management plan” means a plan which—
(a)
is prepared and published by the Combined Authority in accordance with the Fire and Rescue National Framework, and
(b)
sets out for the period covered by the document in accordance with the requirements of the Framework—
- (i)
the Combined Authority’s priorities and objectives, and
- (ii)
an assessment of all foreseeable fire and rescue related risks that could affect its community, in accordance with the discharge of the Combined Authority’s functions as a fire and rescue authority;
“constituent councils” means the councils for the local government areas of North Yorkshire and the City of York;
“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 to this Order, following the designation of an area of land by the Combined Authority;
“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 4;
“fire and rescue authority” means a fire and rescue authority under the 2004 Act;
“fire and rescue declaration” means a document which—
(a)
is prepared and published by the Combined Authority in accordance with the Fire and Rescue National Framework, and
(b)
contains a statement of the way in which the Combined Authority has had regard, in the period covered by the document, to the Framework and to any community risk management plan prepared by the Combined Authority for that period;
“fire and rescue functions” means functions conferred on the Combined Authority as a fire and rescue authority by, or by virtue of, any enactment;
“fire and rescue service” means the personnel, services and equipment secured for the purposes of carrying out the functions of a fire and rescue authority under—
(a)
section 6 of the 2004 Act (fire safety);
(b)
section 7 of that Act (fire-fighting);
(c)
section 8 of that Act (road traffic accidents);
(d)
any order under section 9 of that Act (emergencies) which applies to the FRA;
(e)
(f)
any other provision of, or made under, an enactment which confers functions on a fire and rescue authority;
“lead member” means the member designated pursuant to paragraph 1(2) of Schedule 1;
“Mayor” means the mayor for the Area, except in the term “Mayor of London”;
“proper officer”, in relation to a body and any purpose or area, means an officer appointed by the body for that purpose or area.
PART 2Establishment of the Combined Authority and election of the Mayor
Establishment3.
(1)
There is established as a body corporate a combined authority for the areas of the constituent councils.
(2)
The combined authority is to be known as the York and North Yorkshire Combined Authority.
(3)
The functions of the Combined Authority are those functions conferred or imposed upon it by this Order or by any other enactment (whenever passed or made), or as may be delegated to it by or under this Order or any other enactment (whenever passed or made).
Mayor4.
(1)
There is to be a mayor for the Area.
(2)
The first election for the return of the Mayor is to take place on 2nd May 2024.
(3)
Subsequent elections for the return of the Mayor for the Area must take place in every fourth year thereafter on the same day as the ordinary day of election.
(4)
The term of office of the Mayor returned at an election for the return of a mayor for the Area in 2024—
(a)
begins with 7th May 2024; and
(b)
ends with the third day after the day of the poll at the next election for the return of the Mayor for the Area.
(5)
The term of office of the Mayor returned in each subsequent fourth year—
(a)
begins with the fourth day after the day of the poll at the election for the return of the Mayor for the Area; and
(b)
ends with the third day after the day of the poll at the next election for the return of the Mayor for the Area.
(6)
Political adviser5.
(1)
The Mayor may appoint one person as their political adviser.
(2)
Any appointment under paragraph (1) is an appointment as an employee of the Combined Authority.
(3)
No appointment under paragraph (1) may extend beyond—
(a)
the term of office for which the Mayor who made the appointment was elected; or
(b)
where the Mayor who made the appointment ceases to be the Mayor before the end of the term of office for which the Mayor was elected, the date on which the Mayor ceases to hold that office.
(4)
A person appointed under paragraph (1) is to be regarded for the purposes of Part 1 of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under a local authority.
(5)
(a)
any appointment to that post were the appointment of a person in pursuance of that section; and
(b)
the Combined Authority were a relevant authority for the purposes of that section.
(6)
Subsection (3) of section 9 of the 1989 Act applies in relation to an appointment under paragraph (1) as if the words from “and that the appointment terminates” to the end of that subsection were omitted.
Constitution6.
Schedule 1 (which makes provision about the constitution of the Combined Authority) has effect.
PART 3Housing, regeneration and planning
Conferral of functions corresponding to functions that the HCA has in relation to the Area7.
(1)
(a)
section 5 (powers to provide housing or other land);
(b)
section 6 (powers for regeneration, development or effective use of land);
(c)
section 7 (powers in relation to infrastructure);
(d)
section 8 (powers to deal with land etc);
(e)
section 9 (acquisition of land);
(f)
section 10 (restrictions on disposal of land);
(g)
(h)
section 12 (powers in relation to, and for, statutory undertakers);
(i)
section 19 (power to give financial assistance);
(j)
paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc); and
(k)
paragraphs 1, 2, 3, 4, 6 (extinguishment or removal powers for the HCA), 10 (counter-notices) and 20 (notification of proposal to make order) of Schedule 4.
(2)
The Combined Authority must exercise the functions described in the provisions specified in paragraph (1) for the purposes of, or for purposes incidental to the objectives of—
(a)
improving the supply and quality of housing in the Area;
(b)
securing the regeneration or development of land or infrastructure in the Area;
(c)
supporting in other ways the creation, regeneration or development of communities in the Area or their continued well-being; and
(d)
contributing to the achievement of sustainable development and good design in the Area,
with a view to meeting the needs of people living in the Area.
(3)
The functions described in the provisions specified in paragraph (1) are—
(a)
exercisable concurrently with the HCA; and
(b)
(4)
In paragraph (2) “good design” and “needs” have the meanings given by section 2(2) of the 2008 Act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.
(5)
The exercise of the function referred to in sub-paragraph (e) of paragraph (1) is subject to the condition set out in paragraph 4 (7) of Schedule 1 to this Order (Proceedings of the Combined Authority).
Acquisition and appropriation of land for planning and public purposes8.
(1)
The functions of the constituent councils specified in the following provisions as applied by article 9 (2) to (5) are exercisable by the Combined Authority in relation to the Area—
(a)
(b)
section 18 of the 1985 Act (duties with respect to buildings acquired for housing purposes);
(c)
(d)
section 227 of the 1990 Act (acquisition of land by agreement);
(e)
section 229 of the 1990 Act (appropriation of land forming part of common, etc);
(f)
section 230(1)(a) of the 1990 Act (acquisition of land for purposes of exchange);
(g)
section 232 of the 1990 Act (appropriation of land held for planning purposes);
(h)
(i)
section 235 of the 1990 Act (development of land held for planning purposes);
(j)
(k)
(l)
section 239 of the 1990 Act (use and development of burial grounds); and
(m)
section 241 of the 1990 Act (use and development of open spaces).
(2)
The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.
(3)
The exercise of the functions referred to in sub-paragraphs (a) and (c) of paragraph (1) is subject to the condition set in paragraph 4 (7) of Schedule 1 to this Order (Proceedings of the Combined Authority).
Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act9.
(1)
This article has effect in consequence of articles 7 and 8.
(2)
The provisions set out in section 17 of the 1985 Act (acquisition of land for housing purposes) apply to the Combined Authority as they apply to a constituent council.
(3)
(4)
Part 9 of the 1990 Act (acquisition and appropriation of land for planning purposes, etc) applies in relation to the Combined Authority, and land which has been vested in or acquired by the Combined Authority for planning and public purposes, as it applies to a constituent council and land which has been vested in or acquired by a constituent council for planning and public purposes.
(5)
Chapters 1 and 2 of Part 1 of, and Schedules 2 to 4 to, the 2008 Act apply in relation to the powers of the Combined Authority to acquire land for housing and infrastructure as they apply to the HCA and land acquired by the HCA with the modifications made by Parts 1 and 2 of Schedule 2 to this Order (Modifications of the 2008 Act).
PART 4Mayoral development corporation
Mayoral development corporation10.
(1)
The Combined Authority has, in relation to the Area, functions corresponding to the functions described in the provisions in the 2011 Act referred to in paragraph (2) that the Mayor of London has in relation to Greater London.
(2)
The provisions in the 2011 Act referred to in paragraph (1) are—
(a)
section 197 (designation of Mayoral development areas);
(b)
section 199 (exclusion of land from Mayoral development areas);
(c)
(d)
(e)
section 204 (removal or restriction of planning functions);
(f)
section 214 (powers in relation to discretionary relief from non-domestic rates);
(g)
section 215 (reviews);
(h)
(i)
section 217 (dissolution: final steps);
(j)
section 219 (guidance by the Mayor);
(k)
section 220 (directions by the Mayor);
(l)
section 221 (consents);
(m)
paragraph 1 of Schedule 21 (membership);
(n)
paragraph 2 of Schedule 21 (terms of appointment of members);
(o)
paragraph 3 of Schedule 21 (staff);
(p)
paragraph 4 of Schedule 21 (remuneration etc: members and staff);
(q)
paragraph 6 of Schedule 21 (committees); and
(r)
paragraph 8 of Schedule 21 (proceedings and meetings).
Application of provisions in the 2011 Act11.
(1)
Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as it applies in relation to the Mayor of London, with the modifications made by Schedule 3 to this Order.
(2)
Chapter 2 of Part 8 of the 2011 Act applies in relation to a Corporation as it applies in relation to a Mayoral development corporation, with the modifications made by Schedule 3 to this Order.
(3)
Subject to paragraph (6), in any enactment (whenever passed or made)—
(a)
any reference to a Mayoral development corporation; or
(b)
any reference which falls to be read as a reference to a Mayoral development corporation,
is to be treated as including a reference to a Corporation.
(4)
For the purposes of any transfer scheme relating to a Corporation under any provisions of the 2011 Act applied with modifications by this Order, paragraph 9 of Schedule 24 to the 2011 Act (transfers under scheme under section 17, 200(1) or (4) or 216(1)) applies in relation to—
(a)
any property, rights or liabilities transferred to or from a Corporation in accordance with a transfer scheme;
(b)
anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a Corporation in accordance with such a transfer scheme.
(5)
For the purposes of establishing a Corporation, giving the Corporation a name, giving effect to any decisions notified to the Secretary of State under sections 199(4) (exclusion of land from Mayoral development areas), 202(8) (decisions about planning functions), or 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 Act or in relation to the transfer of land to or from a Corporation under any provision of the 2011 Act, applied with modifications by this Order, section 235 of the 2011 Act (orders and regulations) applies in relation to—
(a)
the power of a Secretary of State to make an order under sections 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a Mayoral development corporation) of that Act; and
(b)
the power of the Treasury to make regulations under paragraph 9(2) of Schedule 24 to that Act,
as it applies in relation to the establishment of a Mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the Secretary of State (under sections 199(4), 202(8) and 214(6) of the 2011 Act) or in relation to the transfer of land to or from a Mayoral development corporation.
(6)
Paragraph (3) does not apply to—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(7)
In this article, “scheme” means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 Act.
Mayoral development corporation: incidental provisions12.
(1)
The following provisions of the 1989 Act apply in relation to a Corporation as if it were a local authority—
(a)
(b)
sections 2 and 3A (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of section 1.
(2)
(3)
Section 32 of the 2003 Act applies in relation to expenditure of a Corporation as if—
(a)
each reference to a functional body were a reference to a Corporation;
(b)
each reference to the Greater London Authority were a reference to the Combined Authority;
(c)
each reference to the Mayor of London were a reference to the Mayor; and
(d)
subsection (7) were omitted.
PART 5Transport
Local Transport13.
(1)
The following functions are exercisable by the Combined Authority in relation to the Area—
(a)
(b)
the functions of the constituent councils as local transport authorities specified in Part 2 (local transport) of the 2000 Act.
(2)
Subject to paragraph (3), the functions mentioned in paragraph (1) are exercisable by the Combined Authority instead of by the constituent councils.
(3)
(4)
The modifications are—
(a)
in section 108(1)(b), the reference to “those policies” is a reference to the policies developed under section 108(1)(a) of the 2000 Act in accordance with the functions conferred on the Combined Authority by paragraph (1)(b);
(b)
in section 108(3B), the reference to “their plan” is a reference to the local transport plan prepared under section 108(3) in accordance with the functions conferred on the Combined Authority by paragraph (1)(b); and
(c)
in section 109(4), the reference to “their local transport plan” is a reference to the local transport plan prepared under section 108(3) in accordance with the functions conferred on the Combined Authority by paragraph (1)(b).
Agreements between authorities and strategic highways companies14.
(1)
The following functions are exercisable by the Combined Authority in relation to the Area—
(a)
(b)
(2)
The functions mentioned in paragraph (1) are exercisable concurrently with the constituent councils.
(3)
Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
Civil enforcement of road traffic contraventions15.
(1)
The functions of the constituent councils as enforcement authorities specified in the following enactments are exercisable by the Combined Authority in relation to the Enforcement Area comprising the civil enforcement areas of the constituent councils—
(a)
(b)
(c)
(2)
The functions mentioned in paragraph (1) are exercisable by the Combined Authority (in relation to the Enforcement Area) concurrently with each constituent council (in relation to its civil enforcement area).
(3)
In this article—
(a)
“civil enforcement area” means an area designated as a civil enforcement area under Schedule 8 to the TM Act (civil enforcement areas and enforcement authorities) which falls within the Area;
(b)
“Enforcement Area” means the area comprising all of the civil enforcement areas of the constituent councils; and
(c)
“enforcement authority” means an enforcement authority for the purposes of Part 6 of the TM Act pursuant to paragraph 9(4) or 10(5) of Schedule 8 to that Act.
(4)
Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
Grants to bus service operators16.
(1)
Subject to paragraphs (2) to (4), the function of the Secretary of State set out in section 154(1) (grants to bus service operators) of the 2000 Act is exercisable by the Combined Authority in relation to the Area.
(2)
For the purpose of paragraph (1), section 154(1) of the 2000 Act has effect as if the words “with the approval of the Treasury” were omitted.
(3)
Grants made by virtue of the functions conferred by paragraph (1) must be—
(a)
calculated in accordance with such method as may be provided by any regulations made by the Secretary of State by virtue of section 154(2) of the 2000 Act; and
(b)
subject to sub-paragraph (a), of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by the Secretary of State by virtue of section 154(3) of the 2000 Act and notified to the Combined Authority.
(4)
Grants must not be made by virtue of the function conferred by paragraph (1) to the extent that eligible bus services operate outside the Area.
(5)
The function mentioned in paragraph (1) is exercisable concurrently with the Secretary of State in relation to the Area.
(6)
In this article, “eligible bus services” has the meaning given by section 154(5) of the 2000 Act.
Traffic regulation17.
(1)
The functions of the constituent councils as local traffic authorities specified in the following provisions of the 1984 Act are exercisable by the Combined Authority in relation to the Area—
(a)
(b)
(c)
(2)
The functions specified in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.
(3)
Part 1 of, and Schedule 9 to, the 1984 Act apply in relation to the exercise by the Combined Authority of the functions specified in paragraph (1) as they apply in relation to the exercise by the constituent councils as local traffic authorities of those functions.
(4)
The 1996 Regulations apply in relation to orders made or proposed to be made by the Combined Authority in exercise of the functions specified in paragraph (1) as they apply in relation to orders made or proposed to be made by the constituent councils in exercise of those functions.
(5)
For the purposes of paragraph (4), references in the 1996 Regulations to an “order making authority” are to be read as including references to the Combined Authority.
(6)
In this article—
(a)
(b)
(7)
Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
Transport functions related to traffic signs and pedestrian crossings18.
(1)
The functions of the constituent councils as local traffic authorities specified in the following provisions of the 1984 Act are exercisable by the Combined Authority in relation to the Area—
(a)
(b)
(2)
The functions specified in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.
(3)
In consequence of sub-paragraphs (a) and (b) of paragraph (1), the Combined Authority, in the discharge of the functions conferred on it by those provisions—
(a)
(b)
is to be treated as a local traffic authority for the roads in relation to which the functions are exercised.
(4)
In this article, “local traffic authority” has the meaning given by section 121A of the 1984 Act.
(5)
Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
Apparatus affected by highway, bridge or transport works19.
(1)
The functions of the constituent councils as highway authorities specified in the following enactments are exercisable by the Combined Authority in relation to the Area—
(a)
(b)
the 2000 Regulations.
(2)
The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.
(3)
The 2000 Regulations apply in relation to the sharing of costs of diversionary works between the Combined Authority and undertakers as they apply in relation to the sharing of costs of diversionary works between a constituent council and undertakers.
(4)
For the purposes of paragraph (3), references in the 2000 Regulations to an authority are to be read as including references to the Combined Authority.
(5)
In this article—
(a)
(b)
(c)
“diversionary works” has the meaning given by regulation 2(1) of the 2000 Regulations; and
(d)
(6)
Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
Permit schemes20.
(1)
The functions of the constituent councils as local highway authorities specified in the following provisions of the TM Act are exercisable by the Combined Authority in relation to the Area—
(a)
(b)
(c)
(2)
The functions of the constituent councils as Permit Authorities specified in the 2007 Regulations are exercisable by the Combined Authority in relation to the Area.
(3)
The functions mentioned in paragraph (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.
(4)
Part 3 of the TM Act (permit schemes) applies in relation to the preparation, implementation, variation and revocation of permit schemes by the Combined Authority as it applies in relation to the preparation, implementation, variation and revocation of permit schemes by a constituent council as a local highway authority, subject to the modifications in Schedule 4 to this Order.
(5)
The 2007 Regulations apply in relation to the content, preparation, operation, variation and revocation of permit schemes by the Combined Authority as they apply in relation to the content, preparation, operation, variation and revocation of permit schemes by a constituent council as a Permit Authority.
(6)
For the purposes of paragraph (5), references in the 2007 Regulations to a Permit Authority are to be read as including references to the Combined Authority.
(7)
In this article—
(a)
“Permit Authority” has the same meaning as in regulation 2(1) of the 2007 Regulations;
(b)
“permit scheme” is to be construed in accordance with section 32 of the TM Act; and
(c)
(8)
Any exercise of the functions conferred by paragraphs (1) and (2) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
Lane rental schemes21.
(1)
The functions of the constituent councils approved as Approved Authorities that are specified in the 2012 Regulations are exercisable by the Combined Authority in relation to the Area.
(2)
The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent council.
(3)
The 2012 Regulations apply in relation to the operation of lane rental schemes by the Combined Authority as they apply in relation to the operation of lane rental schemes by a constituent council that is an Approved Authority.
(4)
For the purposes of paragraph (3), references in the 2012 Regulations to an Authorised Authority are to be read as including references to the Combined Authority.
(5)
In this article—
(a)
“Approved Authority” has the same meaning as in regulation 2 of the 2012 Regulations;
(b)
“lane rental scheme” means a scheme whereby an undertaker executing street works in a maintainable highway is required to pay to the highway authority a charge determined by reference to the duration of the works; and
(c)
(6)
The Combined Authority may not exercise the functions conferred by paragraph (1) unless —
(a)
all of the constituent councils are Approved Authorities; and
(b)
each constituent council in whose area it is proposed that the functions are to be exercised has consented—
(i)
to the exercise of those functions; and
(ii)
to the exercise of the functions specified in article 20 (permit schemes) pursuant to paragraph (8) of that article.
Power to pay grant22.
(1)
The functions of a Minister of the Crown specified in section 31 of the 2003 Act (power to pay grant) are functions of the Combined Authority that are exercisable in relation to the Area.
(2)
The functions are exercisable by the Combined Authority concurrently with a Minister of the Crown.
(3)
Paragraph (4) applies where, in exercising functions referred to in paragraph (1) the Combined Authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions.
(4)
In determining that amount, the Combined Authority must have regard to the desirability of ensuring that the constituent council in question has sufficient funds to facilitate the effective discharge of those functions.
(5)
To comply with paragraph (4), the Combined Authority must take into account any other sources of funding available to the constituent council in question for expenditure incurred or to be incurred in relation to the exercise of its highway functions.
(6)
For the purposes of the exercise by the Combined Authority of the functions specified in paragraph (1), section 31 of the 2003 Act has effect as if—
(a)
in subsection (1)—
(i)
the reference to a “Minister of the Crown” were a reference to the Combined Authority;
(ii)
the reference to a “local authority in England” were a reference to a constituent council;
(b)
subsection (2) were omitted;
(c)
in subsections (3) and (4), the references to the person paying it (the grant) were references to the Combined Authority;
(d)
subsection (6) were omitted.
(7)
In this article, “highway functions” means functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority.
Amendment of the Sub-national Transport Body (Transport for the North) Regulations 201823.
(1)
(2)
In regulation 2(1) (interpretation) in the definition of “constituent authorities”—
(a)
omit “The Council of the City of York” and “North Yorkshire Council”; and
(b)
after “Westmorland and Furness Council80”, insert “The York and North Yorkshire Combined Authority”
.
PART 6Additional functions
Data sharing24.
(1)
(2)
(3)
The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.
Assessment of economic conditions25.
(1)
The function of the constituent councils specified in section 69 of the 2009 Act (duty to prepare an assessment of economic conditions) is exercisable by the Combined Authority in relation to the Area.
(2)
The function referred to in paragraph (1) is exercisable concurrently with the constituent councils.
(3)
Any requirement in any enactment for a constituent council to exercise that function may be fulfilled by the exercise of that function by the Combined Authority.
(4)
Section 69 of the 2009 Act applies to the Combined Authority as it applies to a constituent council.
Incidental provisions26.
(1)
(a)
section 113 (the power to place staff at the disposal of other local authorities);
(b)
section 142(2) (the power to arrange for publication of information etc relating to the functions of the Combined Authority);
(c)
section 144 (the power to encourage visitors and provide conference and other facilities);
(d)
section 145 (the power to provide and support cultural activities and entertainments); and
(e)
section 222 (power to prosecute and defend legal proceedings).
(2)
(3)
For the purposes of paragraph (2), paragraphs (a) and (b) of section 88(1) of the Local Government Act 1985 have effect as if a reference to “that area” were a reference to the Area.
(4)
(a)
“(i)
subject to subsection (4A), a committee appointed by the York and North Yorkshire Combined Authority.”;
(b)
“(4A)
A person who is a member of a committee falling within paragraph (i) of subsection (4) or a sub-committee appointed by such a committee shall for all purposes be treated as a non-voting member of that committee or sub-committee unless that person is a member of one of the constituent councils.”.
(5)
“An employee of the York and North Yorkshire Combined Authority established by the York and North Yorkshire Combined Authority Order 2023
North Yorkshire Council”.
(6)
The functions of the constituent councils under section 1 of the 2011 Act, to the extent that those functions are exercisable for the purpose of economic development and regeneration, are exercisable by the Combined Authority in relation to the Area.
(7)
The functions referred to in paragraph (6) are exercisable concurrently with the constituent councils.
(8)
Any requirement in any enactment for a constituent council to exercise such a function may be fulfilled by the exercise of that function by the Combined Authority.
PART 7Mayoral functions
Functions exercisable only by the Mayor27.
(1)
The functions of the Combined Authority specified in paragraph (2) are general functions exercisable only by the Mayor.
(2)
The functions referred to in paragraph (1) are the functions of the Combined Authority corresponding to the functions in the following enactments—
(a)
section 17(3) of the 1985 Act;
(b)
sections 108 (local transport plans), 109 (further provision about plans: England), 112 (plans and strategies: supplementary) and 154(1) (grants to bus service operators) of the 2000 Act;
(c)
section 31 (power to pay grant) of the 2003 Act;
(d)
section 9(2) of the 2008 Act;
(e)
in relation to the functions conferred by article 30 of this Order, the BRS Act; and
(f)
sections 197, 199, 200, 202, 204, 214 to 217 and 219 to 221 of, and paragraphs 1 to 4, 6 and 8 of Schedule 21 to, the 2011 Act.
(3)
(4)
(5)
The Mayor must not make arrangements under section 107D(3)(b) of the 2009 Act (functions of mayors: general) in relation to the functions specified in paragraph (2)(e), in relation to a political adviser appointed under article 5.
Joint committees28.
(1)
(2)
In this article, “other council” means the council for a county or district in England.
PART 8Funding
Funding29.
(1)
Subject to paragraphs (3) to (6), the constituent councils must ensure that the costs of the Combined Authority reasonably attributable to the exercise of its functions are met.
(2)
Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of the functions referred to in article 27(1), to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined Authority.
(3)
(4)
In relation to the expenditure mentioned in paragraph (2)—
(a)
to the extent to which such expenditure is met by amounts payable under paragraph (3)—
(i)
the Mayor must agree with the Combined Authority the total expenditure mentioned in paragraph (2) in advance of incurring such expenditure; and
(ii)
in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred; and
(b)
(5)
(6)
For the financial year commencing on 1st April 2024, the costs incurred by the Mayor in the exercise of the functions referred to in Part 9 must be met by the precept issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992 for that financial year.
(7)
For the purposes of paragraph (3), the “relevant date” in relation to a payment for a financial year is 30 June in the financial year which commenced two years prior to the financial year in which such payment is to be made.
Conferral of Business Rate Supplements functions30.
(1)
The Combined Authority has, in relation to the Area, functions corresponding to the functions conferred on the Greater London Authority in relation to Greater London by the BRS Act.
(2)
Paragraph (1) does not apply in relation to the function conferred by section 3(5) of the BRS Act.
Adaptation of BRS in consequence of article 3031.
For the purposes of article 30, the BRS Act applies to the Combined Authority as if—
(a)
references to the Greater London Authority in section 2(1) (levying authorities) and in section 5(2) (prospectus) of the BRS Act included references to the Combined Authority; and
(b)
references in that Act to a lower-tier authority were, in relation to the Combined Authority, references to a district council whose area forms part of the Area.
PART 9Police and crime commissioner functions
Police and crime commissioner functions32.
(1)
The Mayor is to exercise functions of a police and crime commissioner in relation to the Area.
(2)
There is to be no police and crime commissioner for the Area from 7th May 2024.
(3)
(4)
The term of office of the police and crime commissioner for North Yorkshire is to continue until 7th May 2024.
(5)
Transfer of police and crime commissioner functions33.
(1)
(2)
In their application to the Mayor, the police and crime commissioner enactments set out in Schedule 5 apply with the modifications set out in that Schedule.
(3)
Paragraph (1) does not apply to the enactments set out in Schedule 6.
Transfer of property, rights and liabilities34.
(1)
All property, rights and liabilities, including rights and liabilities in relation to contracts of employment, which immediately before 7th May 2024 were property, rights and liabilities of the police and crime commissioner for North Yorkshire are to transfer to, and by virtue of this paragraph vest in, the Combined Authority on 7th May 2024.
(2)
In relation to the property rights and liabilities transferred by paragraph (1) and any property, rights and liabilities acquired in relation to the Mayor’s PCC functions on or after 7th May 2024—
(a)
all functions in relation to such property, rights and liabilities are to be exercised by the Mayor;
(b)
all decisions relating to such property, rights and liabilities are to be made by the Mayor;
(c)
any receipts arising from such property, rights and liabilities, whether arising from their use, sale, disposal or otherwise, are to be paid into the police fund kept by the Mayor by virtue of section 21 of the PRSR Act (police fund).
(3)
All monies held in the police fund kept by the police and crime commissioner for North Yorkshire under section 21 of the PRSR Act immediately before 7th May 2024 are, on that date, to transfer to the police fund kept by the Mayor by virtue of that section, as applied in accordance with article 33.
(4)
Secondments35.
In the case of a person who immediately before 7th May 2024 is seconded to the police and crime commissioner for North Yorkshire, the secondment is to have effect, beginning on that date as a secondment to the Combined Authority.
Continuity36.
(1)
The abolition of the police and crime commissioner for North Yorkshire, the transfer or abolition of the commissioner’s functions and the transfer of the commissioner’s property, rights and liabilities do not affect the validity of anything done before the abolition or transfer.
(2)
Paragraphs (3) to (5) apply where any functions, property, rights or liabilities are transferred by or under this Part from the police and crime commissioner for North Yorkshire to the Combined Authority.
(3)
There may be continued by or in relation to the Combined Authority anything (including legal proceedings) which—
(a)
relates to any of the functions, property, rights or liabilities transferred; and
(b)
is in the process of being done by or in relation to the police and crime commissioner for North Yorkshire immediately before 7th May 2024.
(4)
Anything which—
(a)
was made or done by or in relation to the police and crime commissioner for North Yorkshire for the purposes of, or otherwise in connection with, any of the functions, property, rights or liabilities transferred; and
(b)
is in effect immediately before 7th May 2023,
has effect as if made or done by or in relation to the Combined Authority.
(5)
The Combined Authority is to be substituted for the police and crime commissioner for North Yorkshire in any instrument, contract or legal proceedings which—
(a)
relates to any of the functions, property, rights or liabilities transferred; and
(b)
is made or commenced before 7th May 2024.
(6)
In this article a reference to the transfer of a function includes a reference to the abolition of a function and the conferral of a corresponding function on another person.
Foreign property etc, perfection of vesting37.
(1)
(2)
In the application of those provisions by virtue of paragraph (1)—
(a)
references to a transfer or pension instrument have effect as references to the transfer by or under this Part; and
(b)
references to the transferor and transferee are to be construed accordingly.
Transfers: supplementary provision38.
(1)
All property, rights and liabilities transferred by this Part are to be transferred, notwithstanding that they may be or include—
(a)
property, rights and liabilities that would not otherwise be capable of being transferred; or
(b)
rights and liabilities under enactments.
(2)
No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this Part, whether or not any consent required to the transfer has been obtained.
(3)
No right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document is to operate or become exercisable or be contravened, by reason of the transfer made by this Part.
(4)
Paragraphs (1) to (3) have effect in relation to—
(a)
the grant or creation of an estate or interest in, or right over, any land or other property; or
(b)
the doing of any other thing in relation to land or other property,
as they have effect in relation to the transfer made by this Part of land or other property.
(5)
In paragraph (3), “relevant document” means—
(a)
any enactment, other than an enactment contained in the 2009 Act;
(b)
any subordinate legislation made otherwise than under that Act; or
(c)
any deed or other instrument.
Extension of financial year of Police and Crime Commissioner and Chief Constable for North Yorkshire39.
(1)
The following requirements are modified in the case of the police and crime commissioner for North Yorkshire and the chief constable for the financial year which began on 1st April 2023.
(2)
(3)
(4)
In this article—
“the chief constable” means the chief constable of the police force for North Yorkshire;
(a)
in relation to the police and crime commissioner, the responsible financial officer for the Combined Authority; and
(b)
in relation to the chief constable, the responsible financial officer for the police force for North Yorkshire.
Modification to the Local Government Act 197240.
(1)
(2)
“or
(d)
ceases to be the Mayor by virtue of section 63 (vacancy where acting commissioner acts for 6 months) of the Police Reform and Social Responsibility Act 2011,”.
PART 10Fire and rescue functions
Transfer of functions of the North Yorkshire Police, Fire and Crime Commissioner Fire and Rescue Authority41.
(1)
The functions of the FRA that are exercisable in relation to the Area are to be functions of the Combined Authority.
(2)
The Combined Authority is the fire and rescue authority for the Area for the purposes of the 2004 Act.
(3)
The FRA is abolished.
General functions of the Combined Authority exercisable only by the Mayor42.
(1)
The fire and rescue functions of the Combined Authority are exercisable only by the Mayor.
(2)
For the purposes of the exercise of the fire and rescue functions, the Mayor may do anything that the Combined Authority may do under section 113A of the 2009 Act (general power of EPB or combined authority).
(3)
Members and officers of the Combined Authority may assist the Mayor in the exercise of the fire and rescue functions.
Arrangements for exercise of fire and rescue functions43.
(1)
The Mayor may not make arrangements under section 107D(3) of the 2009 Act (functions of mayors: general) that authorise the exercise of any of the fire and rescue functions to which article 45 applies.
(2)
The Mayor may arrange under section 107D(3) of the 2009 Act for the exercise of fire and rescue functions, other than any of the functions to which article 45 applies, by—
(a)
the deputy mayor for policing and crime; or
(b)
a committee of the Combined Authority.
(3)
The Mayor may not make arrangements described in paragraph (2)(a), and arrangements described in paragraph (2)(b), to have effect concurrently.
(4)
Where the Mayor makes arrangements described in paragraph (2)(a), the deputy mayor for policing and crime may, for the purpose of the exercise of fire and rescue functions, do anything that the Combined Authority may do under section 113A of the 2009 Act.
(5)
Where the Mayor makes arrangements described in paragraph (2)(b), the committee is to be known as the fire committee.
Members of fire committee44.
(1)
The Mayor is to appoint one member of the fire committee on the nomination of each constituent council.
(2)
The constituent council is to nominate a person to be a member of the fire committee from amongst that council’s constituent members.
(3)
Where the Mayor decides not to appoint a person under paragraph (1) who has been nominated by a constituent council, that council may nominate a further person from that council’s elected members.
(4)
The Mayor may appoint a maximum of five further members of the fire committee from the elected members of one or more of the constituent councils.
(5)
The Mayor and the constituent councils must, when appointing or nominating members to the fire committee, ensure that the members of the fire committee taken as a whole reflect so far as reasonably practicable the balance of the political parties for the time being prevailing among the constituent councils when taken together.
(6)
The Mayor must appoint one of the members of the fire committee to serve as the chair of the committee.
(7)
A member of the fire committee ceases to be a member of that committee if that person ceases to be a member of the constituent council of which that person had been a member at the time of their appointment to the Committee.
(8)
A member of the fire committee may resign as a member of the fire committee by written notice served on the proper officer of the constituent council which that person had been a member of at the time of their appointment to the committee and the resignation is to take effect on receipt of the notice by the proper officer.
(9)
The Mayor may at any time terminate the appointment of a member of the fire committee who has not attended a meeting of the fire committee during a period of six consecutive months beginning with the date of that member’s last attendance.
(10)
Where a person ceases to be a member of the fire committee by virtue of paragraph (7), (8) or (9)—
(a)
where paragraph (1) applied to that person, the constituent council that nominated the member must as soon as practicable give written notice to the Mayor and nominate another person from that council’s elected members;
(b)
the Mayor must appoint another person to be a member of the fire committee.
(11)
Where an elected member of the constituent council is appointed by the Mayor to be a member of the fire committee, that constituent council may, in accordance with its own scheme of allowances, pay a special responsibility allowance to that member and also a travelling and subsistence allowance.
(12)
In this article—
Fire and rescue functions excluded from the power to make arrangements45.
(1)
This article applies to the following fire and rescue functions—
(a)
functions under the following provisions of the 2004 Act—
(i)
section 13 (reinforcement schemes);
(ii)
section 15 (arrangements with other employers of fire-fighters);
(iii)
section 16 (arrangements for discharge of functions by others);
(b)
the functions of—
(i)
appointing, suspending or dismissing the chief fire officer;
(ii)
approving the terms of appointment of the chief fire officer;
(iii)
holding the chief fire officer to account for managing the fire and rescue service;
(c)
approving—
(i)
the community risk management plan;
(ii)
the fire and rescue declaration;
(d)
approving plans, modifications to plans and additions to plans for the purpose of ensuring that—
(i)
as far as reasonably practicable, the Combined Authority is able to perform its fire and rescue functions if an emergency occurs, and
(ii)
the Combined Authority is able to perform its functions so far as is necessary or desirable for the purpose of preventing an emergency or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it;
(e)
approving any arrangements for the co-operation of the Combined Authority in relation to its fire and rescue functions with other Category 1 responders and Category 2 responders in respect of—
(i)
the performance of the Combined Authority’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise);
(ii)
any duties under subordinate legislation made in exercise of powers under that Act.
(2)
(3)
Police, Fire and Crime Panel: oversight functions in relation to fire and rescue functions46.
(1)
The Police, Fire and Crime Panel has the oversight functions set out in articles 47 to 49, and by virtue of Schedule 7, in relation to—
(a)
any fire and rescue functions of the Mayor that are exercisable by the deputy mayor for policing and crime as a result of arrangements described in article 43(2)(a); and
(b)
fire and rescue functions exercisable by the Mayor.
(2)
The modifications of enactments set out in Schedule 7 have effect for the purpose of the application of those enactments to the Combined Authority as a fire and rescue authority.
Police, Fire and Crime Panel: scrutiny of the community risk management plan47.
(1)
Before issuing a community risk management plan or varying the Combined Authority’s priorities and objectives set out in a community risk management plan, the Mayor must—
(a)
consult the chief fire officer in preparing the draft plan, or the draft variation;
(b)
send the draft priorities and objectives, or the draft variation of the priorities and objectives, to the Police, Fire and Crime Panel;
(c)
(d)
as soon as reasonably practicable, give the Police, Fire and Crime Panel a response to any such report or recommendations, and publish the response in such manner as the Mayor considers appropriate.
(2)
In complying with paragraph (1)(b), the Mayor must ensure that the Police, Fire and Crime Panel has a reasonable amount of time to consider the draft priorities and objectives, or the draft variation of the priorities and objectives, and to produce its report or recommendations.
(3)
The Mayor must consult the chief fire officer before issuing or varying a community risk management plan if, and to the extent that, the priorities and objectives in the plan or variation are different from the draft prepared in accordance with paragraph (1).
(4)
The Mayor must keep the priorities and objectives in the community risk management plan under review and, in particular, review them in the light of any report or recommendations made to the Mayor by the Police, Fire and Crime Panel under section 28(4) of the PRSR Act.
(5)
If the Mayor issues or varies a community risk management plan, the Mayor must—
(a)
send a copy of the issued community risk management plan, or the variation, to the chief fire officer; and
(b)
publish a copy of the issued plan, or the variation, in such manner as the Mayor considers appropriate.
(6)
The duty under paragraph (5) to send or publish a copy of the variation may instead be satisfied by sending or publishing a copy of the plan as varied.
(7)
In this article, “priorities and objectives” means the Combined Authority’s priorities and objectives in connection with the discharge of the Combined Authority’s functions as a fire and rescue authority, as required to be set out in the community risk management plan.
Notification of proposed allocation of budget for fire and rescue functions48.
(1)
The Mayor must, in each financial year, notify the Police, Fire and Crime Panel of the Mayor’s proposed allocation of the draft budget for fire and rescue functions, including the proposed allocation of the element of the general precept attributable to fire and rescue functions, in relation to the following financial year.
(2)
The notification described in paragraph (1) must be given—
(a)
before the date on which the Combined Authority determines whether to approve the Mayor’s annual budget in relation to the following financial year; and
(b)
at a time which permits the Police, Fire and Crime Panel a reasonable amount of time to review the proposed allocation of budget before the Combined Authority makes its determination.
Police, Fire and Crime Panel review of proposed budget49.
(1)
The Police, Fire and Crime Panel must review any proposed allocation of budget notified to it under article 48.
(2)
The Police, Fire and Crime Panel must make a report to the Mayor in relation to the proposed allocation of budget.
(3)
The Mayor must—
(a)
have regard to any report made under paragraph (2) and to any recommendations made in it;
(b)
provide the Police, Fire and Crime Panel with a response to the report and any recommendations made in it;
(c)
notify the Police, Fire and Crime Panel of any material changes to the budget for fire and rescue functions after it has been finalised; and
(d)
publish the response mentioned in sub-paragraph (b), and any notification under sub-paragraph (c)—
(i)
in such manner as is required by the Police, Fire and Crime Panel; and
(ii)
in any event, in a prominent place on the website of the Combined Authority.
Transitional arrangements and asset transfers
Transfer of property, rights and liabilities50.
(1)
All property, rights and liabilities, including rights and liabilities in relation to contracts of employment, which immediately before 7th May 2024 were property, rights and liabilities of the FRA are to transfer to, and by virtue of this paragraph vest in, the Combined Authority on 6 May 2024.
(2)
In relation to the property, rights and liabilities transferred by paragraph (1) and any property, rights and liabilities acquired in relation to the Combined Authority’s fire and rescue functions on or after 7th May 2024—
(a)
all functions in relation to such property, rights and liabilities are to be exercised by the Mayor;
(b)
all decisions relating to such property, rights and liabilities are to be made by the Mayor.
(3)
Subject to article 45 nothing in paragraph (2) prevents the Mayor from making arrangements under section 107D(3) of the 2009 Act in relation to the matters mentioned in paragraph (2).
Secondments51.
In the case of a person who, immediately before 7th May 2024 is seconded to the FRA, the secondment is to have effect, beginning on 7th May, as a secondment to the Combined Authority.
Continuity52.
(1)
The abolition of the FRA, the transfer or abolition of the FRA’s functions and the transfer of the FRA’s property, rights and liabilities do not affect the validity of anything done before the abolition or transfer.
(2)
Paragraphs (3) to (5) apply where any functions, property, rights or liabilities are transferred by or under this Part from the FRA to the Combined Authority.
(3)
There may be continued by or in relation to the Combined Authority anything, including legal proceedings, which—
(a)
relates to any of the functions, property or rights transferred; and
(b)
is in the process of being done by or in relation to the FRA immediately before 7th May 2024.
(4)
There has effect as if made or done by or in relation to the Combined Authority—
(a)
anything which was made or done by or in relation to the FRA for the purposes of, or otherwise in connection with, any of the functions, property, rights or liabilities transferred; and
(b)
is in effect immediately before 7th May 2024.
(5)
The Combined Authority is to be substituted for the FRA in any instruments, contracts or legal proceedings which—
(a)
relate to any of the functions, property, rights or liabilities transferred; and
(b)
are made or commenced before 7th May 2024.
(6)
In this article, a reference to the transfer of a function includes a reference to the abolition of a function and the conferral of a corresponding function on another person.
Transfers: supplementary provision53.
(1)
All property, rights and liabilities transferred by this Part are to be transferred, notwithstanding that they may be or include—
(a)
property, rights and liabilities that would not otherwise be capable of being transferred; or
(b)
rights and liabilities under enactments.
(2)
No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this Part, whether or not any consent required to the transfer has been obtained.
(3)
No right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document is to operate or become exercisable or be contravened, by reason of the transfer made by this Part.
(4)
Paragraphs (1) to (3) have effect in relation to—
(a)
the grant or creation of an estate or interest in, or right over, any land or other property; or
(b)
the doing of any other thing in relation to land or other property,
as they have effect in relation to the transfer made by this Part of land or other property.
(5)
In paragraph (3), “relevant document” means—
(a)
any enactment, other than an enactment contained in the 2009 Act;
(b)
any subordinate legislation made otherwise than under that Act, or
(c)
any deed or other instrument.
Extension of financial year of fire and rescue authority54.
(1)
The following requirements are modified in the case of the FRA for the financial year which began on 1st April 2023.
(2)
(3)
(4)
In this article, “responsible financial officer” has the meaning given in regulation 2(2) of the Accounts and Audit Regulations 2015.
Revocation55.
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
SCHEDULE 1Constitution
Membership
1.
(1)
Each constituent council must appoint two of its elected members to be members of the Combined Authority
(2)
Each constituent council must designate one of the members appointed under sub-paragraph (1) as the lead member.
(3)
Each constituent council must appoint two named elected members for each member appointed under sub-paragraph (1), either of whom may act as a member of the Combined Authority in the absence of a member appointed under sub-paragraph (1) (“the substitute members”).
(4)
In this Schedule, “members” means a lead member, a non-lead member appointed under sub-paragraph (1) and a substitute member unless the context provides otherwise.
(5)
A person ceases to be a member of the Combined Authority if they cease to be a member of the constituent council that appointed them.
(6)
A person may resign as a member of the Combined Authority by written notice served on the proper officer of the constituent council that appointed them and the resignation takes effect on receipt of that notice.
(7)
Where a member of the Combined Authority’s appointment ceases by virtue of sub-paragraph (5) or (6), 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.
Chair and vice-chair
2.
(1)
The Combined Authority must appoint a chair from amongst its constituent council members and the appointment is to be the first business transacted after the appointment of members of the Combined Authority, at the first meeting of the Combined Authority.
(2)
A person ceases to be chair of the Combined Authority if they cease to be a member of the Combined Authority.
(3)
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 14 days of the vacancy arising, at the meeting following that meeting.
(4)
3.
(1)
The Combined Authority must appoint a vice-chair from amongst its constituent council members and the appointment is to be the first business transacted after the appointment of members and the chair of the Combined Authority, at the first meeting of the Combined Authority.
(2)
A person ceases to be vice-chair of the Combined Authority if they cease to be a member of the Combined Authority.
(3)
If a vacancy arises in the office of vice-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 14 days of the vacancy arising, at the meeting following that meeting.
(4)
The office of vice-chair is abolished at the end of the day before the first mayor’s term of office begins.
Proceedings
4.
(1)
Subject to sub-paragraphs (6) to (14), any decision of the Combined Authority is to be decided by a simple majority of the members present and voting on that question at a meeting of the Combined Authority, and such majority is to include the Mayor, or the Deputy Mayor acting in place of the Mayor or, in the period before the first day of the first mayor’s term of office, the chair or, in the absence of the chair, the vice-chair.
(2)
Before the first Mayor’s term of office begins, no business is to be transacted at a meeting of the Combined Authority unless the chair and at least one member appointed by each constituent council is present.
(3)
After the Mayor’s term of office begins, no business is to be transacted at a meeting of the Combined Authority unless the Mayor (or the Deputy Mayor acting in place of the Mayor) and at least one member appointed by each constituent council is present.
(4)
Each member is to have one vote and no member is to have a casting vote.
(5)
If a vote is tied on any matter it is deemed not to have been carried.
(6)
The following decisions of the Combined Authority require (in addition to the requirements of sub-paragraph (1)) those voting in favour to include the lead member from each constituent council—
(a)
approval or amendment of the Combined Authority’s budget (excluding approval or amendment of the Mayor’s budget);
(b)
issuing the levy pursuant to article 29(5) (transport levy); and
(c)
approval or amendment of the Combined Authority’s constitution or standing orders.
(7)
The exercise of the function in section 17 of the 1985 Act (insofar as that function is exercised for the compulsory purchase of land), section 9(2) of the 2008 Act and section 226 of the 1990 Act by the Combined Authority requires the consent of—
(a)
the lead member for the constituent councils whose area contains any part of the land subject to the proposed compulsory acquisition, or
(b)
a substitute member acting in place of such a member,
(8)
(9)
Any decision of the Combined Authority to amend the Mayor’s transport plan requires at least three of the members to vote in favour of the amendment.
(10)
Any decision of the Mayor which gives rise to a financial liability for a constituent council requires the consent of the lead member appointed by that constituent council.
(11)
Any exercise by the Mayor of the functions corresponding to the functions contained in section 197(1) (designation of Mayoral development areas) of the 2011 Act requires the consent of—
(a)
the lead member for any constituent council whose local government area contains any part of the land to be designated as a Mayoral development area or substitute member acting in place of that member; and
(b)
the North York Moors National Park Authority or the Yorkshire Dales National Park Authority if the Combined Authority proposes to exercise the function in respect of the whole or any part of the area of the relevant National Park Authority.
(12)
Any exercise by the Mayor of the functions corresponding to the functions contained in section 199(1) (exclusion of land from Mayoral development areas) of the 2011 Act in respect of any Mayoral development area requires the consent of the lead member for any constituent council whose local government area contains any part of the area to be excluded from a Mayoral development area or substitute member acting in place of that member.
(13)
Any exercise by the Mayor of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 Act (functions in relation to town and country planning) in respect of any Mayoral development area requires the consent of—
(a)
the lead member for any constituent council whose local government area contains any part of the area to be designated as a Mayoral development area or a substitute member acting in place of that member; and
(b)
the North York Moors National Park Authority or the Yorkshire Dales National Park Authority if the Combined Authority proposes to exercise the function in respect of the whole or any part of the area of the relevant National Park Authority.
(14)
Any exercise by the Mayor of the functions corresponding to the functions contained in section 17(3) of the 1985 Act (acquisition of land for housing purposes) and section 9(2) of the 2008 Act (acquisition of land) requires the consent of the lead member for any constituent council whose local government area contains any part of the land subject to the proposed compulsory acquisition or a substitute member acting in place of that member.
(15)
For the purpose of sub-paragraphs (7), (11)(a), (12), (13)(a) and (14) the consent must be given at a meeting of the combined authority.
Remuneration
5.
Subject to paragraphs 6 and 7, 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 approved by the Combined Authority.
6.
(1)
The Combined Authority may establish an independent remuneration panel to recommend a scheme to the Combined Authority regarding the allowances payable to—
(a)
the Mayor;
(b)
the Deputy Mayor provided that the Deputy Mayor is not a leader or elected mayor of a constituent council or the Chair of the Local Enterprise Partnership;
(c)
the deputy mayor for policing and crime provided that the deputy mayor for policing and crime is not a leader or elected mayor of a constituent council; and
(d)
independent persons.
(2)
An independent remuneration panel must consist of at least three members none of whom may be—
(a)
a member of the Combined Authority or a member of a committee or sub-committee of the Combined Authority or a member of a constituent council; or
(b)
disqualified from being or becoming a member of the Combined Authority.
(3)
The Combined Authority may pay the expenses incurred by the independent remuneration panel established under sub-paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the Combined Authority may determine.
7.
The Combined Authority may only pay an allowance to the people listed in paragraph 6(1)(a) to (c) if the Combined Authority has—
(a)
considered a report published by the independent remuneration panel established under paragraph 6(1) which contains recommendations for such an allowance; and
(b)
approved a scheme for the payment of the allowance providing that scheme does not provide for the payment of allowances of an amount in excess of the amount recommended by the independent remuneration panel.
Records
8.
(1)
The Combined Authority must make arrangements for the names of 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 that meeting.
(4)
Any minute purporting to be signed as mentioned in sub-paragraph (3) is to be received in evidence without further proof.
(5)
Unless 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 present at the meeting are deemed to have been duly qualified to attend.
(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.
Standing orders
9.
The Combined Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.
SCHEDULE 2
PART 1Modification of the application of Part 1 of the 2008 Act
1.
(1)
Chapters 1 and 2 of Part 1 of the 2008 Act apply in relation to the Combined Authority as modified in accordance with the following provisions.
(2)
Sections 5 (powers to provide housing or other land), 6 (powers for regeneration, development or effective use of land), 7 (powers in relation to infrastructure), 8 (powers to deal with land etc), 9 (acquisition of land), 10 (restrictions on disposal of land) and 11 (main powers in relation to acquired land) of, and Schedules 2 to 4 to, the 2008 Act, have effect as if for each reference to—
(a)
“the HCA” there were substituted a reference to “the Combined Authority”;
(b)
“Part 1” of that Act there were substituted a reference to “Part 3 of the York and North Yorkshire Combined Authority Order 2023”; and
(c)
“land acquired or held by the HCA” there were substituted a reference to “land acquired or held by the Combined Authority”.
(3)
Sections 5, 6, 8, 9 and 10 of the 2008 Act have effect as if for each reference to “land” there were substituted a reference to “land in the area of the Combined Authority”
.
(4)
““Combined Authority” means the York and North Yorkshire Combined Authority, a body corporate established under the York and North Yorkshire Combined Authority Order 2023;”.
PART 2Modification of the application of Schedules 2 to 4 to the 2008 Act
2.
(1)
Schedules 2 to 4 to the 2008 Act apply in relation to the Combined Authority as modified in accordance with the following provisions.
(2)
Part 1 of Schedule 2 to the 2008 Act (compulsory acquisition of land) has effect as if for each reference to “section 9” of that Act there were substituted a reference to “article 7 of the York and North Yorkshire Combined Authority Order 2023”
.
(3)
Schedule 3 to the 2008 Act (main powers in relation to land acquired by the HCA) has effect as if for references to land which has been vested in or acquired by the HCA there were substituted references to land which has been vested in or acquired by the Combined Authority.
(4)
Schedule 4 to the 2008 Act (powers in relation to, and for, statutory undertakers) has effect as if for each reference to the HCA there were substituted a reference to the York and North Yorkshire Combined Authority.
SCHEDULE 3Modification of the application of Part 8 of, and schedule 21 to the 2011 Act
1.
(1)
Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as modified in accordance with the following provisions.
(2)
““the Area” means the area of the Combined Authority;
“the Combined Authority” means the Combined Authority established by the York and North Yorkshire Combined Authority Order 2023;
“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 Combined Authority;
“National Park” means the North York Moors National Park and the Yorkshire Dales National Park112; and“National Park authority” means a National Park authority for a National Park.”.
(3)
Sections 197 to 222 of the 2011 Act have effect as if for each reference to—
(a)
“the Greater London Authority” there were substituted “the Combined Authority”;
(b)
“the Mayor” there were substituted “the Combined Authority” 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)(a) for, “any one or more of the Greater London Authority’s principal purposes”, there were substituted “economic development and regeneration in the Area”;
(c)
in subsection (3)(d)—
(i)
for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”
;
(ii)
for “the Mayor” in both places there were substituted “the Mayor for the Area”
; and
(iii)
for “subsection (4)(d), (e), (f) or (g)” there were substituted “subsection (4)(d) or (e)”
;
(d)
in subsection (3)(e)—
(i)
for “the Mayor” in both places there were substituted “the Mayor for the Area”
; and
(ii)
for “the London Assembly” there were substituted “the Combined Authority”
;
(e)
in subsection (3)(f) for “the London Assembly” there were substituted “the Combined Authority”
;
(f)
in subsection (4)—
(i)
in paragraph (a) for “the London Assembly” there were substituted “the members of the Combined Authority 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 “each district 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;
(g)
in subsection (5)—
(i)
in paragraph (a) for “the London Assembly” there were substituted “the Combined Authority”
;
(ii)
in paragraph (b) for “the London Assembly” there were substituted “the Combined Authority”
;
(iii)
in paragraph (b)(i) for “the Assembly” there were substituted “the Combined Authority”
;
(iv)
in paragraph (b)(ii) for “the Assembly members voting” there were substituted “all members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members) present and voting on that motion”
;
(h)
in subsection (6)(c) for “Mayoral development corporation” there were substituted “Corporation”
; and
(i)
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 each 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 in subsection (2)—
(a)
for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”
; and
(b)
for “the Mayor” in both places 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 district 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 “in the Area”
;
(iv)
paragraph (k) were omitted;
(b)
in subsection (4) paragraph (b) were omitted; and
(c)
in subsection (10) the definitions of “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 Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”
, and
(c)
in subsection (7) at the end in the definition of “affected local authority” for “(d), (e), (f) or (g)” there were substituted “(d) or (e)”
.
(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 district council, county council or a National Park authority”
; and
(b)
in subsections (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 “in the Area”
; and
(b)
in subsection (3) for “the Mayor of London” there were substituted “the Combined Authority”
.
(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 Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members) or a district council wholly or partly in the Area”
; and
(c)
in subsection (4) at the end the definition of “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 wholly or partly within the Area”
, and
(cc)
paragraph (e) were omitted.
(14)
Schedule 21 to the 2011 Act (Mayoral development corporations) has effect as if—
(a)
for each reference to—
(i)
“the Mayor” there were substituted “the Combined Authority”, except for the reference in paragraph 1(1);
(ii)
“the Mayor’s” there were substituted “the Combined Authority’s”;
(iii)
“an MDC” there were substituted “the Corporation”;
(b)
in paragraph 1(1)—
(i)
for “A Mayoral development corporation (“MDC”)” there were substituted “A Corporation”
;
(ii)
for “the Mayor of London (“the Mayor”)” there were substituted “the Combined Authority”
;
(c)
in paragraph 1(2) for “each relevant London council” there were substituted “each relevant district council”
;
(d)
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”
;
(e)
in paragraph 1(5), for ““MDC’s” there were substituted “Corporation’s”;
(f)
in paragraph 2(5)(d) for “a relevant London council” there were substituted “a relevant district council”
;
(g)
in paragraph 3—
(i)
for “an MDC” there were substituted “a Corporation”
;
(ii)
for “An MDC’s” in each place in which it occurs there were substituted “A Corporation’s”
; and
(iii)
for “the MDC’s” there were substituted “the Corporation’s”
;
(h)
in paragraph 4(4) for “the London Assembly” there were substituted “the Combined Authority”
;
(i)
in paragraph 9(c) for “each relevant London council” there were substituted “each relevant district council”
; and
(j)
in paragraph 10(1)(c) the reference to “and to the London Assembly” were omitted.
SCHEDULE 4Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004
1.
(1)
Part 3 of the TM Act is modified as follows.
(2)
Section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England) has effect as if—
(a)
subsection (1) were omitted;
(b)
“(2)
A permit scheme prepared in accordance with section 33(1) or (2) by the Combined Authority does not have effect in the Area unless the Combined Authority gives effect to it by order.”; and
(c)
subsection (3) were omitted.
(3)
“(1)
The Combined Authority may by order vary or revoke a permit scheme to the extent that it has effect in the Area by virtue of an order made by the Combined Authority under section 33A(2).
(2)
The Secretary of State may direct the Combined Authority to vary or revoke a permit scheme by an order under subsection (1).
(3)
An order made by the Combined Authority under subsection (1) may vary or revoke an order made by the Combined Authority under section 33A(2), or an order previously made by the Combined Authority under subsection (1).”.
(4)
““the Area” means the area of the Combined Authority;
“the Combined Authority” means The York and North Yorkshire Combined Authority;”.
SCHEDULE 5Modifications of police and crime commissioner enactments in their application to the Mayor
PART 1Primary legislation
Police (Property) Act 1897
1.
(1)
(2)
In section 2(2A) (regulations with respect to unclaimed property in possession of police), for the last reference to “relevant body” substitute “Combined Authority”
.
Trustee Investments Act 1961
2.
(1)
(2)
In paragraph 9 of Part 2 of the First Schedule (manner of investment), for “similar officer of the authority” substitute “similar officer of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor”
.
Pensions (Increase) Act 1971
3.
(1)
(2)
In paragraph 51(aa) of Schedule 2 (official pensions: court and police staffs), for “a police and crime commissioner” substitute “the police and crime commissioner for North Yorkshire or of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor”
.
Local Government (Miscellaneous Provisions) Act 1976
4.
(1)
(2)
In section 29(1) (repayment of unclaimed compensation etc. paid into court)117, for “or transferred to the authority”, substitute “to the Mayor, or transferred to the Combined Authority in relation to the Mayor’s PCC functions”
.
(3)
In section 30(3)(a) (power to forgo repayment of advances of renumeration paid to deceased employees)118, for “maintained by a local authority”, substitute “maintained by the Mayor of the Combined Authority”
.
(4)
In section 44(1) (interpretation etc. of Part I), in paragraph (a)119 of the definition of “local authority”, for “13 to 16, 29, 30, 38, 39 and 41” substitute “13, 14, 16, 29 and 38”
.
Local Government, Planning and Land Act 1980
5.
(1)
(2)
In section 99 (directions to dispose of land – supplementary)—
(a)
“(2A)
Where a notice under subsection (1) is received by the Combined Authority which relates to land used wholly or partly in relation to the Mayor’s PCC functions, the Mayor is to make any representations under subsection (2) on behalf of the Combined Authority to the Secretary of State.”;
Dartford-Thurrock Crossing Act 1988
6.
(1)
(2)
In section 19(a)(i) (exemption from tolls), for “a local policing body” substitute “the Combined Authority for use in relation to the exercise of the Mayor’s PCC functions”
.
Local Government Finance Act 1988
7.
(1)
(2)
In section 114 (functions of responsible officer as regards reports)—
(a)
“(i)
the Mayor exercising PCC functions, each member of the Combined Authority, including the Mayor, and each member of the police and crime panel for the Mayor’s area;”
(b)
in subsection (8A)(b)126, for “relevant authority”, substitute “Mayor”
.
(3)
In section 115 (authority’s duties as regards reports)—
(a)
“(1B)
In the case of a report made by the chief finance officer of the Combined Authority in relation to the Mayor’s PCC functions, the Mayor must consider the report and decide whether the Mayor agrees or disagrees with the views contained in the report and what action (if any) the Mayor proposes to take in consequence of it.”;
(b)
in subsection (1E)—
(i)
for “the elected local policing body”, substitute “the Mayor”
;
(ii)
for “that body”, in each place it occurs, substitute “the Mayor”
;
(c)
in subsection (1F)(b), for “elected local policing body’s” substitute “Combined Authority’s”
;
(d)
in subsection (2)128, for “an elected local policing body” substitute “a Combined Authority in relation to a Mayor exercising PCC functions”
.
(4)
“(2B)
In the case of the Mayor, the chief finance officer of the Combined Authority must notify the auditor of the Combined Authority of any decision taken by the Mayor in accordance with section 115.”.
Road Traffic Act 1988
8.
(1)
(2)
In section 144(2)(b) (exceptions from requirement of third-party insurance)—
(a)
for “a local policing body” substitute “the Combined Authority for use in relation to the Mayor’s PCC functions”
;
(b)
for “a police and crime commissioner’s staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011)” substitute “the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions”
.
Local Government and Housing Act 1989
9.
(1)
The 1989 Act is modified as follows.
(2)
In section 1 (disqualification and political restriction of certain officers and staff)—
(a)
in subsection (9)131, for “an elected policing body” substitute “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions”
;
(b)
in subsection (10)132, for “an elected local policing body does not include a deputy police and crime commissioner” substitute “the Combined Authority deployed predominantly in relation to the Mayor’s PCC functions does not include the deputy mayor for policing and crime”
.
(3)
In section 4 (designations and reports of head of paid service)—
(a)
(b)
“(4)
It shall be the duty of the head of the Combined Authority’s paid service, as soon as practicable after he has prepared a report relating to the Mayor’s PCC functions under this section, to arrange for a copy of it to be sent to the members of the Combined Authority, including the Mayor, and to the police and crime panel.”;
(c)
(d)
in subsection (5A)136, for “by the head of the body’s paid service” substitute “that relates to the Mayor’s PCC functions”
.
(4)
In section 5 (designation and reports of monitoring officer)—
(a)
(b)
“(a)
in the case of a report relating to the Mayor’s PCC functions, to the members of the Combined Authority, including the Mayor, and to the police and crime panel; and”;
(c)
in subsection (5)—
(i)
for “a relevant authority” substitute “the Mayor”
;
(ii)
(aa)
in sub-paragraph (i), omit “in the case of an elected policing body”;
(bb)
omit sub-paragraph (ii);
(d)
(5)
(6)
Police Act 1996
10.
(1)
(2)
In section 22A(9)(a) (collaboration agreements)144, for “that body” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”
.
(3)
(a)
in subsection (1), for “commissioner’s council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act)” substitute “PCC component council tax requirement”
;
(b)
in subsection (4), for “precept issued or calculation made by the commissioner under Part 1 of the Local Government Finance Act 1992”, substitute “determination by the Mayor of the final amount of the PCC component”
.
(4)
(a)
in subsection (1)(a), for “a local policing body” substitute “the Combined Authority and are deployed wholly or partly in relation to the Mayor’s PCC functions”
;
(b)
in subsection (1)(b), for “the body” substitute “the Combined Authority”
.
(5)
(a)
in subsection (5A), for the first reference to “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”
;
(b)
in subsection (6)(a), for “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”
.
(6)
In section 92(1) (grants by local authorities)148, for “parish or community” substitute “parish, community or Combined Authority”
.
(7)
In section 96(1B) (arrangements for obtaining the views of the community on policing)149, for “precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992” substitute “PCC component is determined by the Mayor”
.
Police Reform Act 2002
11.
(1)
(2)
In section 40(7)(d) (community safety accreditation schemes)151, for “local policing body” substitute “Combined Authority and who are deployed wholly or partly in relation to the Mayor’s PCC functions”
.
(3)
(a)
for the first reference to “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”
;
(b)
for the second reference to “local policing body” substitute “Combined Authority”
;
(c)
for “or body” substitute “or Combined Authority”
.
Proceeds of Crime Act 2002
12.
(1)
(2)
“(aa)
a member of the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions,”.
Local Government Act 2003
13.
(1)
The 2003 Act is modified as follows.
(2)
In section 7 (credit arrangements)—
(a)
in subsection (1)(a), for “its part” substitute “the part of the Combined Authority”
;
(b)
in subsection (2), for “on the part of the authority”, substitute “on the part of the Combined Authority”
.
Railways and Transport Safety Act 2003
14.
(1)
(2)
“(c)
a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions,”.
Local Government and Public Involvement in Health Act 2007
15.
(1)
(2)
“(a)
for the transfer of functions, property, rights or liabilities from a local authority, Combined Authority in relation to the Mayor’s PCC functions, or local policing body for any area to another local authority, Combined Authority in relation to the Mayor’s PCC functions, or local policing body whose area consists of or includes the whole or part of that area;”.
Local Democracy, Economic Development and Construction Act 2009
16.
(1)
The 2009 Act is modified as follows.
(2)
In paragraph 9(1)(a) of Schedule 5B (mayors for combined authority areas: further provision about elections)156, for “or deputy mayor” substitute “, deputy mayor or deputy mayor for policing and crime”
.
Police Reform and Social Responsibility Act 2011
17.
The PRSR Act is modified as follows.
18.
(a)
in subsection (1), for “ordinary election” substitute “election for the return of a Mayor”
;
(b)
in subsection (13)—
(i)
in the definition of “financial year”, for “the police and crime commissioner” substitute “the Combined Authority”
;
(ii)
omit the definition of “ordinary election”.
19.
(a)
in the definition of “financial year”, for “the elected local policing body” substitute “the Combined Authority”
;
(b)
omit the definition of “ordinary election”;
(c)
in the definitions of “planning period” and “qualifying day”, for “ordinary election” substitute “election for the return of a Mayor”
.
20.
In section 16 (appointment of persons not employed by elected local policing bodies)—
(a)
“(1)
This section applies where the Mayor, in connection with the exercise of the Mayor’s PCC functions, is required or authorised by any Act—
(a)
to appoint a person to a specified post in the Combined Authority; or
(b)
to designate a person as having specified duties or responsibilities.”;
(b)
in subsection (2), for “the body” substitute “the Combined Authority”
.
21.
(a)
for each reference to “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”
;
(b)
in subsection (6)—
(i)
“(da)
a deputy mayor under section 107C of the Local Democracy, Economic Development and Construction Act 2009160;”;
(ii)
“(i)
the Combined Authority.”;
(c)
in subsection (7)—
(i)
“(f)
calculating the PCC component council tax requirement.”.
(ii)
omit paragraphs (g) and (h);
(d)
“(10)
The deputy mayor for policing and crime is a member of staff of the Combined Authority, unless they are a member of the Combined Authority.”.
22.
“(3A)
Expenditure may be paid out of the police fund only if, and to the extent that, it is incurred or otherwise relates to, the exercise of the Mayor’s PCC functions.”.
23.
(a)
omit subsections (1A) and (1B);
(b)
in subsection (6)(a), after “police and crime commissioner” insert “, the deputy mayor for policing and crime and any other person who exercises any function of the Mayor pursuant to arrangements made under section 18”
.
24.
In section 29 (power to require attendance and information)—
(a)
“(1)
A police and crime panel may require—
(a)
the Mayor;
(b)
the deputy mayor for policing and crime,
(c)
members of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions, and
(d)
any members of the Combined Authority who exercise any function of the Mayor pursuant to arrangements made under section 18,
to attend before the panel (at reasonable notice) to answer any question which appears to the panel to be necessary in order for it to carry out its functions.”;
(b)
“(2)
Nothing in subsection (1) requires a person to give any evidence, or produce any document, which discloses advice given by that person to—
(a)
the Mayor in relation to the Mayor’s PCC functions,
(b)
the deputy mayor for policing and crime, or
(c)
a member of the Combined Authority who exercises any function of the Mayor pursuant to arrangements made under section 18.”;
(c)
“(5)
Any person referred to in subsection (1)(b), (c) or (d) must comply with any requirement imposed on them under that subsection.”;
(d)
in subsection (6), after “commissioner” insert “or the deputy mayor for policing and crime”
.
25.
In section 30 (suspension of police and crime commissioner)—
(a)
in subsection (1), for “relevant police and crime commissioner” substitute “Mayor so far as acting in the exercise of PCC functions”
;
(b)
in subsection (3), for “the police and crime commissioner” substitute “the Mayor”
.
26.
“(b)
deputy mayor for policing and crime.”.
27.
In section 62 (appointment of acting commissioner)—
(a)
“(1)
The police and crime panel must appoint a person to exercise the Mayor’s PCC functions (the “acting commissioner”) if the Mayor is suspended from the exercise of PCC functions in accordance with section 30.”;
(b)
in subsection (2), for “member of the police and crime commissioner’s staff”, substitute “member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or the deputy mayor for policing and crime;
(c)
“(2A)
The police and crime panel may not appoint as acting commissioner any person appointed as a deputy mayor under section 107C of the 2009 Act.”;
(d)
omit subsection (3);
(e)
“(5)
Any property or rights vested in the Combined Authority in relation to the Mayor’s PCC functions can be dealt with by the acting commissioner.”;
(f)
omit subsection (6)(c);
(g)
in subsection (7)—
(i)
omit “incapacitated or”;
(ii)
omit “(c) or”;
(h)
omit subsection (8).
28.
“63.
(1)
Subsection (2) applies where—
(a)
the deputy mayor is appointed under section 107C of the 2009 Act to act for the Mayor because the Mayor is unable to act; and
(b)
the Mayor does not cease to be unable to act during the period of 6 months beginning with the day on which the acting mayor was appointed.
(2)
At the end of that 6 month period—
(a)
the Mayor ceases to be the Mayor, and
(b)
accordingly, the office of Mayor becomes vacant.”.
29.
“(3)
A person is disqualified from being elected as the Mayor at an election held under the York and North Yorkshire Combined Authority Order 2023 if—
(a)
the person has been nominated as a candidate for election as police and crime commissioner for any other police area at an ordinary election, and
(b)
the ordinary election is held on the same day as the election to return the Mayor.
(4)
A person is disqualified from being elected as the Mayor at an election held under the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017163 if—(a)
the person is the police and crime commissioner for any other police area; or
(b)
the person has been nominated as a candidate for election as police and crime commissioner for any other police area for which an election is held on the same day.”.
30.
(a)
“(iii)
the Combined Authority;”;
(b)
“(1A)
Subsection (1)(e)(i) does not prevent a deputy mayor for policing and crime—
(a)
from being elected as Mayor at an election held under the York and North Yorkshire Combined Authority Order 2023;
(b)
from being elected at an election held under the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 to fill a vacancy in the office of Mayor if, on the day on which the person is nominated as a candidate at the election and at all times between that day and the declaration of the result of the election, the deputy is acting as acting commissioner under section 62.”.
31.
(a)
“(1)
A person elected to the office of Mayor may not exercise police and crime commissioner functions unless that person has made the specified declaration to the appropriate officer.”;
(b)
omit subsection (2);
(c)
in subsection (5), for the first reference to “office” substitute “the duty of exercising police and crime commissioner functions as Mayor”
;
(d)
“(6)
In this section—
“appropriate officer” means the person designated as the head of paid service by the Combined Authority under section 4(1)(a) of the Local Government and Housing Act 1989;
“specified declaration” means the following declaration—
I [Full Name] of [Place] do hereby declare that I accept the duty of exercising Police and Crime Commissioner functions as York and North Yorkshire Mayor.
In making this declaration, I solemnly and sincerely promise that in exercising Police and Crime Commissioner functions:
I will serve all the people of York and North Yorkshire.
I will act with integrity and diligence in my role and, to the best of my ability, will execute my duties to ensure that the police are able to cut crime and protect the public.
I will give a voice to the public, especially victims of crime, and work with other services to ensure the safety of the community and effective criminal justice.
I will take all steps within my power to ensure transparency of my decisions, so that I may be properly held to account by the public.
I will not interfere with the operational independence of police officers.”;
(e)
omit subsection (7).
32.
In Schedule 1 (police and crime commissioners)—
(a)
“1.
This Schedule applies in relation to the Mayor in the exercise of PCC functions.”;
(b)
“4.
(1)
The Mayor must make authorised pension payments.
(2)
In this paragraph “authorised pension payments” means—
(a)
pensions to, or in respect of, persons who have been the police and crime commissioner for North Yorkshire, and
(b)
amounts for or towards provision of pensions to, or in respect of, persons who have been the police and crime commissioner for North Yorkshire,
which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this paragraph.”;
(c)
in paragraph 5(2), for “any of paragraphs 2 to” substitute “paragraph”
;
(d)
(i)
for each reference to “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”
;
(ii)
“(3)
The terms and conditions of a person appointed as the deputy mayor for policing and crime must ensure that the person’s term of office ends no later than the third day after the day of the poll at an election for the return of a Mayor.
(3A)
The terms and conditions must also provide for the deputy mayor for policing and crime’s appointment to end when, following an election held to fill a vacancy in the office of the appointing Mayor, the person elected makes and delivers a declaration under section 70.”;
(e)
“(1)
The Mayor must notify the police and crime panel of each proposed appointment by the Mayor of a deputy mayor for policing and crime.”;
(f)
in paragraph 10(9)(a), for “ordinary election of a police and crime commissioner under section 50” substitute “election for the return of a Mayor”
;
(g)
“13.
(1)
The Mayor may pay—
(a)
remuneration, allowances and gratuities to members of the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions; and
(b)
allowances and gratuities to the deputy mayor for policing and crime where that person is not a member of staff of the Combined Authority.
(2)
The Mayor may pay—
(a)
pensions to, or in respect of, persons who have been members of the Combined Authority’s staff deployed wholly or partly in relation to the mayor’s PCC functions; and
(b)
amounts for or towards provision of pensions to, or in respect of, persons who have been members of the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions.
(3)
In this paragraph “allowances”—
(a)
in relation to a member of the Combined Authority’s staff deployed wholly or partly in relation to the Mayor’s PCC functions, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff in relation to such functions; and
(b)
in relation to a deputy mayor for policing and crime who is not a member of the Combined Authority’s staff, means allowances in respect of expenses incurred by the deputy mayor for policing and crime in the course of that person’s duties as deputy mayor for policing and crime.”;
(h)
“(2)
A person who is—
(a)
a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions, or
(b)
a member of the Combined Authority exercising the Mayor’s PCC functions,
has no personal liability for an act or omission done by the person, in the carrying out of duties relating to the Mayor’s PCC functions as a member of staff or as a member of the Combined Authority, unless it is shown to have been done otherwise than in good faith.”;
(i)
“16.
References to the financial year of the Mayor are to be read as if they were references to the financial year of the Combined Authority.”.
33.
In Schedule 5 (issuing precepts)—
(a)
in paragraph 1—
(i)
“(1)
The Mayor may not determine the final amount of the PCC component for a financial year until the end of the scrutiny process is reached.”;
(ii)
“(3)
References in this Schedule to the determining of the final amount of the PCC component include references to the determining of the amount of the PCC component of a substitute precept.”;
(b)
in paragraph 2, for “the precept which the commissioner is proposing to issue” substitute “the proposed amount of the PCC component”
;
(c)
in paragraph 3(3), for “the precept that should be issued” substitute “the amount of the PCC component”
;
(d)
in paragraph 4(3), for “precept for the financial year” substitute “PCC component for the financial year”
;
(e)
in paragraph 5(3)—
(i)
in paragraph (a), for “issue the proposed precept as the precept” substitute “determine that the proposed amount of the PCC component is the final amount of the PCC component”
;
(ii)
in paragraph (b), for “issue a different precept” substitute “determine a different PCC component”
;
(f)
in paragraph 6(2), for “issue the proposed precept as the precept” substitute “determine that the proposed PCC component is to be the PCC component”
;
(g)
in paragraph 8—
(i)
in sub-paragraph (1), for “the issuing of precepts” substitute “determining the amount of the PCC component”
;
(ii)
in sub-paragraph (4), for “precept that may be issued” substitute “amount of the PCC component”
.
34.
(a)
“21.
The Mayor, a member of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members may not be a member of the police and crime panel for the Area.”;
(b)
in paragraph 22(1)(a), for the words “police and crime commissioner for that police area” substitute “Combined Authority”
;
(c)
“(1A)
But this paragraph does not apply if the elected Mayor of that executive is a member of the Combined Authority appointed by the constituent councils.”;
(d)
“(1A)
But this paragraph does not apply if the current Mayor of that executive is a member of the Combined Authority appointed by the constituent councils.”.
35.
(a)
in paragraph 3(1)(a)(ii), for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime (unless the holder of that office is a member of the Combined Authority)”
;
(b)
“4.
(1)
This paragraph applies in relation to qualifying complaints which—
(a)
relate to a holder of the office of—
(i)
Mayor; or
(ii)
deputy mayor for policing and crime, if the holder of that office is a member of the Combined Authority, and
(b)
are not, or cease to be, investigated by the Director General of the Independent Office for Police Conduct or a police force.
(2)
Regulations must secure that such complaints are dealt with in accordance with the Combined Authority’s code of conduct adopted under section 27(2) of the Localism Act 2011.”.
36.
(a)
“(10)
For that purpose, “relevant post-election period” means the period that—
(a)
begins with the day of the poll at an election for the return of the Mayor; and
(b)
ends with the day on which the person elected as Mayor delivers a declaration under section 70.”;
(b)
“(8)
For that purpose, “relevant post-election period” means the period that—
(a)
begins with the day of the poll at an election for the return of the Mayor; and
(b)
ends with the day on which the person elected as Mayor delivers a declaration under section 70.”.
Local Audit and Accountability Act 2014
37.
(1)
(2)
In Schedule 4 (further provisions about auditor panels)—
(a)
“(a)
cases where the relevant authority referred to in the opening words of sub-paragraph (2) (“the relevant authority concerned”) is a Combined Authority where the Mayor exercises PCC functions;”;
(b)
“(5)
Where the relevant authority concerned is a Combined Authority where the Mayor exercises PCC functions, references to “the authority” include the chief constable for the area.”.
PART 2Secondary legislation
Motor Vehicles (Third Party Risks) Regulations 1972
38.
(1)
(2)
“(3)
In the case of a motor vehicle owned by the Combined Authority for use wholly or partly in relation to the Mayor’s PCC functions, a certificate in form F signed by some person authorised in that behalf by the Mayor that the motor vehicle is owned by the Combined Authority for use in relation to the Mayor’s PCC functions.”.
Official Secrets Act 1989 (Prescription) Order 1990
39.
(1)
(2)
In Schedule 2 (prescriptions), for “a Deputy police and crime commissioner”, substitute “a deputy mayor for policing and crime”
.
Police (Disposal of Sound Equipment) Regulations 1995
40.
(1)
(2)
In regulation 4(4) (application of proceeds of sale), for “local policing body” substitute “Combined Authority”
.
Police (Property) Regulations 1997
41.
(1)
(2)
In regulation 6(6), for “relevant authority” substitute “Combined Authority”
.
(3)
In regulation 7(1), for “vest in them” substitute “vest in the Combined Authority”
.
Health and Safety (Enforcing Authority) Regulations 1998
42.
(1)
(2)
In regulation 4(3)(d) (exceptions), for “a local policing body” substitute “the Combined Authority in relation to the Mayor’s PCC functions”
.
Motor Vehicles (Driving Licences) Regulations 1999
43.
(1)
(2)
In regulation 23(1)(c)(ii) (persons by whom theory tests may be conducted), for “local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”
.
(3)
In regulation 24(1)(d)(ii) (persons by whom manoeuvres tests, large vehicle off road manoeuvres tests, practical tests and unitary tests may be conducted), for “local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”
.
(4)
In regulation 58(2)(c)(ii) (provision of approved training courses), for “local policing body” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”
.
Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999
44.
(1)
(2)
“2.
The Combined Authority in relation to employees deployed wholly or partly in relation to the Mayor’s PCC functions.”.
Motor Vehicles (Access to Driver Licensing Records) Regulations 2001
45.
(1)
(2)
In regulation 3(2) (further disclosure), for “local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”
.
Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001
46.
(1)
(2)
In regulation 2(1)(b) for “a local policing body or” substitute “the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions or a”
.
Police Regulations 2003
47.
(1)
(2)
In regulation 7(7)(a) (business interests of members of police forces: general), for “a deputy appointed under section 18(1)(a) or 19(1)(a) of the Police Reform and Social Responsibility Act 2011” substitute “the deputy mayor for policing and crime”
.
(3)
In regulation 24(1)(b) (pay), for “local policing body” substitute “Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions”
.
Docking of Working Dogs’ Tails (England) Regulations 2007
48.
(1)
(2)
““police identification” means evidence that the person presenting the identification is—
(a)
a police officer;
(b)
employed by the Combined Authority and deployed wholly or partly in relation to the Mayor’s PCC functions;
(c)
contracted to work for the Mayor in relation to the Mayor’s PCC functions; or
(d)
contracted to work for, or otherwise employed by, the chief officer of police.”.
REACH Enforcement Regulations 2008
49.
(1)
(2)
In paragraph 5(c) of Part 3 of Schedule 3, for “local policing body” substitute “the Combined Authority in relation to the Mayor’s PCC functions.”
.
Elected Local Policing Bodies (Specified Information) Order 2011
50.
(1)
(2)
In article 1(2) (interpretation)—
(a)
““election” means an election for the return of a Mayor;”;
(b)
in the definition of “relevant office holder”, for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”
;
(c)
““senior employee” means a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions and whose salary exceeds £50,000;”;
(d)
““staff” means members of staff employed by the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions but does not include the deputy mayor for policing and crime.”.
(3)
In the Schedule—
(a)
in paragraph 2—
(i)
omit the first reference to “of the elected local policing body”;
(ii)
for each of the remaining two references to “elected local policing body” substitute “Combined Authority”
;
(b)
(i)
“(b)
the PCC component;”;
(ii)
in sub-paragraph (c), for “the precept” substitute “the PCC component”
;
(c)
(i)
for the first reference to “elected local policing body”, substitute “Combined Authority in relation to the Mayor’s PCC functions”
;
(ii)
in sub-paragraph (a), for “by, or occupied for the purposes of” substitute “by the Combined Authority in relation to the Mayor’s PCC functions, or occupied for the purposes of”
;
(iii)
in sub-paragraphs (b) and (c), for “£10,000” substitute “£5,000”
;
(iv)
“(d)
a list of every contract with a value not exceeding £5,000—
(i)
which the Mayor has entered into, or is to enter into, on behalf of the combined authority in relation to the Mayor’s PCC functions; or
(ii)
to which the chief officer of the police force maintained by the mayor is, or is to be, a party,
including the value of the contract, the identity of every other party to the contract and the purpose of the contract.”.
Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012
51.
(1)
(2)
In regulation 2 (interpretation)—
(a)
““head of paid service” means the head of paid service designated by the Combined Authority under section 4(1)(a) of the Local Government and Housing Act 1989187;”;
(b)
in the definition of “police and crime panel”, in paragraph (a), for “deputy police and crime commissioner” substitute “deputy mayor for policing and crime”
;
(c)
“(b)
deputy mayor for policing and crime;”.
(3)
In regulation 7 (delegation of powers and duties by police and crime panels)—
(a)
“(a)
the monitoring officer appointed by the Combined Authority under section 5(1)(a) of the Local Government and Housing Act 1989;”;
(b)
in paragraph (2), omit “a chief executive or”;
(c)
“(3)
Where the police and crime panel delegates powers or duties conferred or imposed by or under regulation 9 (notification and recording of complaints), 11 (notification and recording of conduct matters arising in civil proceedings) or 12 (recording of conduct matters in other cases) to the monitoring officer appointed by the Combined Authority, the monitoring officer shall notify the head of paid service of any complaint or conduct matter considered by the monitoring officer in accordance with those regulations.”.
(4)
In regulation 15(3)(a) (disapplication of requirements of regulations), for “the office holder’s staff” substitute “staff deployed by the Combined Authority wholly or partly in relation to the mayor’s PCC functions”
.
(5)
In regulation 28(1) (informal resolution)—
(a)
omit sub-paragraph (a);
(b)
“(b)
the deputy mayor for policing and crime who is not a member of the Combined Authority at the time when the complaint is recorded;”.
(6)
“Resolution in accordance with the combined authority’s code of conduct.29.
(1)
If a complaint to which this Part applies concerns the conduct of—
(a)
the Mayor, or
(b)
the deputy mayor for policing and crime who is a member of the Combined Authority at the time when the complaint is recorded,
the police and crime panel shall pass the complaint to the monitoring officer appointed by the Combined Authority under section 5(1)(a) of the Local Government and Housing Act 1989 (“the monitoring officer”).
(2)
On receiving a complaint in accordance with paragraph (1), the monitoring officer shall deal with it in accordance with the Combined Authority’s code of conduct adopted under section 27(2) of the Localism Act 2011.
(3)
The monitoring officer shall as soon as practicable inform the police and crime panel of the outcome of the complaint.”.
Police Appeals Tribunals Rules 2012
52.
(1)
(2)
In rule 15(4) (legal and other representation) for “relevant local policing body” substitute “Combined Authority”
.
Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012
53.
(1)
(2)
In regulation 3(2) (entities under the control of a relevant council)—
(a)
in sub-paragraph (c), omit “or”;
(b)
in sub-paragraph (d), after (c) insert “, or”
;
(c)
“(e)
the Combined Authority.”.
Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012
54.
(1)
(2)
In regulation 4(2) (report on proposed precept), for “may issue the proposed precept as the precept” substitute “may determine that the proposed PCC component is the final amount of the PCC component”
.
(3)
In regulation 5(2) (veto: police and crime commissioner’s response), for “precept that he now proposes to issue” substitute “PCC component that he now proposes to determine”
.
(4)
In regulation 6(2) (panel’s review of revised precept)—
(a)
in sub-paragraph (a), for “issuing the revised precept as the precept” substitute “finalising the revised precept as the PCC component to be determined”
;
(b)
in sub-paragraph (b), for “precept that should be issued” substitute “PCC component that should be determined”
.
(5)
In regulation 7 (police and crime commissioner’s consideration of second report), for “1st March” substitute “the penultimate working day in February”
.
(6)
In regulation 8 (issuing precept)—
(a)
in paragraph (2)—
(i)
in sub-paragraph (a), for “issue the revised precept as the precept” substitute “finalise the revised precept as the PCC component to be determined”
;
(ii)
in sub-paragraph (b), for “issue a different precept” substitute “finalise a different amount of the PCC component”
;
(b)
in paragraph (3)—
(i)
in sub-paragraph (a), for “issue a precept” substitute “finalise the PCC component”
;
(ii)
in sub-paragraph (b), for “issue a precept” substitute “finalise the PCC component”
.
Local Government Pension Scheme Regulations 2013
55.
(1)
The Local Government Pension Scheme Regulations 2013 are modified as follows.
(2)
“(8A)
Paragraph (8B) applies where the exiting employer is the Police and Crime Commissioner for the area and the liabilities of the fund in respect of benefits due to the Commissioner’s current and former employees (or those of any predecessor authority) have been or are to be transferred to the Combined Authority by virtue of the York and North Yorkshire Combined Authority Order 2023.
(8B)
Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.”.
Local Audit (Auditor Resignation and Removal) Regulations 2014
56.
(1)
(2)
In regulation 2 (application of these Regulations to policing bodies)—
(a)
in paragraph (3), for “police and crime commissioner” substitute “Combined Authority”
;
(b)
in paragraph (4), for “a police and crime commissioner” substitute “the Combined Authority in relation to the Mayor’s PCC functions”
.
Combined Authorities (Mayors) (Filling of Vacancies) Order 2017
57.
(1)
The Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 is modified as follows.
(2)
In article 4(d) (date on which vacancy occurs)—
(a)
in paragraph (ii), omit “or”;
(b)
in paragraph (iii), at the end insert “or”
;
(c)
“(iv)
the mayor ceasing to hold office by virtue of section 63 (vacancy where acting commissioner acts for 6 months) of the Police Reform and Social Responsibility Act 2011;”.
Police Appeals Tribunals Rules 2020
58.
(1)
(2)
In rule 19(4)(c) and (d) (legal and other representation), for “relevant local policing body” substitute “Combined Authority”
.
Policing Protocol Order 2023
59.
(1)
(2)
In the Schedule—
(a)
in paragraph 5, for “of each PCC”, substitute “deployed by the Combined Authority wholly or partly in relation to the mayor’s PCC functions”
;
(b)
“13.
Chief Constables are established in law as corporations sole within the 2011 Act. In doing so Chief Constables are enabled by law to employ staff and hold funds. Chief Constables are charged with the impartial direction and control of all constables and staff within the police force that they lead.
13A.
The staff of the Combined Authority deployed wholly or partly in relation to the Mayor’s PCC functions are accountable to the directly elected Mayor to enable the Mayor to exercise their PCC functions.”;
(c)
in paragraph 16, for “precept” substitute “PCC component”
;
(d)
in paragraph 17(d), for “precept” substitute “PCC component”
;
(e)
in paragraph 24—
(i)
in sub-paragraph (a), for “precept” substitute “PCC component”
;
(ii)
in sub-paragraph (h), for “incapacitated, resigns or is disqualified” substitute “suspended from the exercise of PCC functions”
;
(iii)
omit sub-paragraph (i);
(f)
“24A.
Complaints against the Mayor and deputy mayor for policing and crime (if that person is a member of the Combined Authority) will be dealt with in accordance with the Combined Authority’s existing standards regime, which operates under local government legislation. Serious complaints and conduct matters must be passed to the Director General of the Independent Office for Police Conduct in line with legislation.”.
SCHEDULE 6Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions
PART 1Primary legislation
1.
2.
(a)
section 102(6) to (11) (appointment of committees);
(b)
section 223(2) (appearance of local authorities in legal proceedings);
(c)
paragraph 6ZA of Part 1 of Schedule 12 (meetings and proceedings of local authorities).
3.
4.
5.
6.
7.
8.
9.
(a)
section 80(1) (the landlord condition);
(b)
section 157(1) (restriction on disposal of dwelling-houses in National Parks);
(c)
section 171(2) (power to extend right to buy);
(d)
section 573(1) (meaning of public sector authority);
(e)
paragraph 2(1) of Schedule 1 (tenancies which are not secure tenancies);
(f)
grounds 7 and 12 in Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies);
(g)
ground 5 in Schedule 3 (grounds for withholding consent to assignment by way of exchange);
(h)
paragraph 7(1) of Schedule 4 (qualifying period for right to buy and discount);
(i)
paragraph 5(1)(b) of Schedule 5 (exceptions to the right to buy).
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
(a)
section 3(7) and (9) (creation of combined fire and rescue authorities: supplementary);
(b)
section 4A (power to provide for police and crime commissioner to be fire and rescue authority);
(c)
Schedule A1 (procedure for orders under section 4A);
(d)
Schedule A2 (application of legislation relating to police and crime commissioners).
21.
(a)
(b)
sections 50 to 61 (elections and vacancies);
(c)
section 69 (validity of acts);
(d)
sections 71 to 75 (elections: further provision);
(e)
section 102(3) (interpretation: police and crime commissioner’s staff);
(f)
Schedule 1, paragraphs 2, 3, 5(1), 6(1), (2), and (4), and 7 (police and crime commissioners);
(g)
Schedule 6, paragraphs 33 to 35 (duty to nominate elected mayor to be a member of police and crime panel);
(h)
Schedule 10 (elections: consequential amendments).
22.
23.
(a)
section 5(7)(a) and (9)(a)(collaboration agreements: definitions);
(b)
paragraph 92 of Schedule 1 (amendments to Schedule 6 of the Police Reform and Social Responsibility Act 2011).
PART 2Secondary legislation
24.
25.
26.
27.
28.
(a)
paragraph 6 of Part 1;
(b)
Part 4.
29.
30.
31.
32.
33.
34.
SCHEDULE 7Modification of enactments in their application to the Combined Authority as fire and rescue authority
PART 1Primary legislation
Local Government Act 1972
1.
Local Government Finance Act 1988
2.
(1)
(2)
(3)
Local Government and Housing Act 1989
3.
(1)
(2)
(3)
(4)
(5)
Crime and Disorder Act 1998
4.
(1)
(2)
(3)
Local Government Act 2003
5.
Fire and Rescue Services Act 2004
6.
(1)
The 2004 Act is modified as follows.
(2)
“, and
(c)
outside the Area.”;
(3)
Section 4B(1) (changes to existing fire and rescue authorities) has effect as if the reference to fire and rescue authorities in England outside Greater London did not include the Combined Authority.
(4)
“A6
When carrying out an inspection under subsection (A3) of the Combined Authority as fire and rescue authority, an English inspector must not review or scrutinise decisions made, or other action taken, by the fire and rescue authority in connection with the discharge of an excluded function.
A7
For the purposes of section (A6), the following are excluded functions—
(a)
the function of preparing the priorities and objectives of the community risk management plan and the fire and rescue declaration;
(b)
the function of allocating budget for fire and rescue functions;
(c)
any function specified in article 26 of the Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017244.A8
In subsection (A7), “community risk management plan” has the meaning given in article 2 of the York and North Yorkshire Combined Authority Order 2023.”.
Local Democracy, Economic Development and Construction Act 2009
7.
Police Reform and Social Responsibility Act 2011
8.
(1)
The PRSR Act is modified as follows.
(2)
Section 12(2) to (5) (annual reports) applies as if—
(a)
references to an elected local policing body in subsections (2) and (4) were references to the Combined Authority as fire and rescue authority;
(b)
the reference to the elected local policing body in subsection (3) were to the Mayor;
(c)
references to an annual report were to a fire and rescue declaration;
(d)
references to the relevant police and crime panel were to the Police, Fire and Crime Panel.
(3)
Section 13 (information for police and crime panels) applies as if—
(a)
references to an elected local policing body in subsections (2) and (4) were references to the Combined Authority as fire and rescue authority;
(b)
references to the relevant police and crime panel were to the Police, Fire and Crime Panel.
(4)
Section 17(2), (3) and (4) (duties when carrying out functions) applies as if—
(a)
“(2)
In carrying out functions in a particular financial year, the Combined Authority as fire and rescue authority must have regard to any report or recommendations made by the Police, Fire and Crime Panel for the previous financial year with respect to the fire and rescue declaration (see section 28(4)).”;
(b)
in subsections (3) and (4), references to an elected local policing body were to the Combined Authority as fire and rescue authority.
(5)
Section 28 (police and crime panels outside London) applies as if—
(a)
subsection (1) were omitted;
(b)
references to—
(i)
a police and crime panel;
(ii)
a police and crime panel for a police area, or
(iii)
the police and crime panel for a police area in England,
were to the Police, Fire and Crime Panel;
(c)
“(1C)
Subsection (1D) applies if the person who is the mayor for a police area also exercises for that area—
(a)
the functions of a police and crime commissioner, and
(b)
fire and rescue functions.
(1D)
The police and crime panel for the police area is to be known as “the Police, Fire and Crime Panel”.”;
(d)
in subsection (2), the reference to the functions of the police and crime commissioner for that police area were to the fire and rescue functions of the Combined Authority;
(e)
“(3)
The Police, Fire and Crime Panel must—
(a)
review any draft priorities and objectives, or the draft variation of the priorities and objectives, given to the panel by the Mayor in accordance with article 47 (PFCP: scrutiny of the community risk management plan) of the York and North Yorkshire Combined Authority Order 2023, and
(b)
make a report or recommendations to the Mayor on the draft priorities and objectives, or the draft variation of the priorities and objectives.
(3A)
For the purposes of subsection (3)—
(a)
“priorities and objectives” means the Combined Authority’s priorities and objectives in connection with the discharge of that authority’s functions as a fire and rescue authority, as required to be set out in that authority’s community risk management plan, and
(b)
“community risk management plan” has the meaning given in article 2 of the York and North Yorkshire Combined Authority Order 2023.”;
(f)
in subsection (4)—
(i)
references to an annual report were to a fire and rescue declaration;
(ii)
references to the police and crime commissioner were to the Mayor;
(g)
subsection (5) were omitted;
(h)
in subsection (6)—
(i)
“(a)
review or scrutinise decisions made, or other action taken, by the Combined Authority, the Mayor or the deputy mayor for policing and crime of the Combined Authority, or any other person in the exercise of fire and rescue functions pursuant to arrangements made under section 107D(3) of the 2009 Act in connection with the discharge of those fire and rescue functions,”;
(ii)
in paragraph (b), references to the relevant police and fire commissioner were to whichever of the Combined Authority, the Mayor and the deputy mayor for policing and crime of the Combined Authority exercises fire and rescue functions;
(iii)
in the words following paragraph (b), “or by Schedule 1, 5 or 8” were omitted;
(i)
in subsection (7), references to the relevant police and crime commissioner were to whichever of the Combined Authority, the Mayor and the deputy mayor for policing and crime exercises fire and rescue functions;
(j)
in subsection (8), reference to the police area were to the Area;
(k)
subsection (10) were omitted.
(6)
Section 29 (power to require attendance and information) applies as if the modifications made by paragraph 24 of Schedule 5 to the York and North Yorkshire Combined Authority Order 2023 did not apply, and as if—
(a)
“(1)
The Police, Fire and Crime Panel of the Combined Authority may require the following to attend before it (at reasonable notice) to answer any question which appears to the Police, Fire and Crime Panel to be necessary in order for it to carry out its oversight functions—
(a)
the Mayor of the Combined Authority,
(b)
the deputy mayor for policing and crime for the Combined Authority,
(c)
staff of the Combined Authority deployed wholly or partly in relation to the Combined Authority’s fire and rescue functions,
(d)
any member of the Combined Authority who exercises fire and rescue functions by virtue of arrangements made under section 107D(3) of the Local Democracy, Economic Development and Construction Act 2009.”;
(b)
“(2)
Nothing in subsection (1) requires a person mentioned in paragraphs (a) to (d) of that subsection to give any evidence, or produce any document, which discloses advice given by them to any other person mentioned in paragraphs (a), (b) or (d).”;
(c)
in subsection (3)—
(i)
references to a police and crime panel were to the Police, Fire and Crime Panel;
(ii)
references to the relevant police and crime commissioner were to the Mayor;
(d)
“(4)
A person mentioned in paragraph (a), (b), (c) or (d) of subsection (1) must comply with any requirement imposed on them in accordance with subsection (1) or (3).”;
(e)
“(6)
If the Police, Fire and Crime Panel requires the Mayor or the deputy mayor for policing and crime to attend before the Panel, the Panel may (at reasonable notice) request the chief fire officer for the Area to attend before the Panel on the same occasion to answer any question which appears to the Panel to be necessary in order for it to carry out its functions.”.
(7)
In Schedule 1, paragraph 9 (scrutiny of senior appointments) applies as if the modification made by paragraph 32(e) of Schedule 5 to the York and North Yorkshire Combined Authority Order 2023did not apply and as if—
(a)
references to the police and crime commissioner were to the Mayor;
(b)
references to the relevant police and crime panel were to the Police, Fire and Crime Panel;
(c)
the reference to criteria in sub-paragraph (2)(b) included criteria relevant to the exercise, by the candidate, of fire and rescue functions.
(8)
In Schedule 6—
(a)
“(6)
The Police, Fire and Crime Panel may not exercise any functions other than those conferred by this Act, by, or by virtue of the Fire and Rescue Services Act 2004, or by, or by virtue of, the York and North Yorkshire Combined Authority Order 2023 .”;
(b)
(i)
scrutiny of the priorities and objectives of the community risk management plan;
(ii)
scrutiny of the fire and rescue declaration;
(iii)
scrutiny of the allocation of budget;
(iv)
scrutiny of the appointment of a chief fire officer;
(c)
PART 2Secondary legislation
Pipelines Safety Regulations 1996
9.
Local Government (Best Value Authorities) (Power to Trade) (England) Order 2009
10.
Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012
11.
Local Government Pension Scheme Regulations 2013
12.
“(8A)
Paragraph (8B) applies where the exiting employer is the FRA and the liabilities of the fund in respect of benefits due to the FRA’s current and former employees (or those of any predecessor authority) have been or are to be transferred to the Combined Authority by virtue of the York and North Yorkshire Combined Authority Order 2023.
(8B)
Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.”.
Explosives Regulations 2014
13.
Control of Major Accident Hazards Regulations 2015
14.
“(ii)
the Area, the Combined Authority as a fire and rescue authority;”.
Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017
15.
(a)
references to “the Authority”, other than the reference in article 21(3)(c), were to the Mayor in the exercise of the fire and rescue functions of the Combined Authority;
(b)
references to the police and crime panel were to the Police, Fire and Crime Panel;
(c)
in article 6(8) (panel to review and report on proposed appointment of chief fire officer)—
(i)
in sub-paragraph (a), for “ordinary election of a police and crime commissioner under section 50 of the Police Reform and Social Responsibility Act 2011” there were substituted “election for the return of the Mayor”
;
(ii)
in sub-paragraph (b)—
(aa)
for “police and crime commissioner” there were substituted “Mayor”
;
(bb)
for “that Act” there were substituted “the Police Reform and Social Responsibility Act 2011”
;
(d)
in article 21(3)(c) (response to representations regarding proposal to dismiss chief fire officer) the reference to the head of the Authority’s paid service were a reference to the Combined Authority’s head of paid service.
This Order establishes the York and North Yorkshire Combined Authority (“the Combined Authority”), provides for the election of a Mayor and the conferral of functions of local authorities and other public authorities on the Combined Authority.
Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”) provides for the establishment of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate which may be given power to exercise specified functions in their area.
The Secretary of State may only establish a combined authority for an area where a scheme for such an authority has been published under section 109 of the 2009 Act. This Order has been made following the publication of such a scheme on 21st October 2022 by the constituent councils whose areas together make up the area of the new combined authority.
Part 2 of the Order provides for the creation of the Combined Authority, the election of a Mayor, appointment of a political advisor and makes constitutional provision.
Part 3 of the Order confers on the Combined Authority functions in relation to housing and regeneration which are to be exercised concurrently with the Homes and Communities Agency. It also makes provision about the acquisition and appropriation of land for planning and public purposes. Article 9 and Schedule 2 apply and modify relevant provisions in legislation.
Part 4 of the Order confers on the Combined Authority functions corresponding to those of the Mayor of London in relation to the designation of a Mayoral development area. Schedule 3 to the Order modifies Part 8 of and Schedule 21 to the Localism Act 2011 which make provision about the establishment of a Mayoral development corporation, its objects and powers as well as its constitution and governance.
Part 5 of the Order confers on the Combined Authority functions relating to transport. It transfers functions relating to local transport planning and public transport from the local authorities to the Combined Authority and makes provision for specified highways and traffic powers held by the local authorities to be exercised concurrently by the Combined Authority. It confers powers for the Mayor to pay grants, including to bus service operators.
Part 6 confers a number of additional functions (data sharing and assessment of economic conditions) to be exercisable by the Combined Authority. The conferred functions are to be exercised concurrently with the constituent councils. It also makes incidental provision.
Part 7 of the Order sets out the functions of the Combined Authority which are to be only exercisable by the Mayor and makes provision in relation to Joint Committees.
Part 8 of the Order makes provision for the funding, by the constituent councils, of those costs of the Combined Authority that relate to the exercise of its functions. Article 30 provides that the Combined Authority is to have in relation to its area functions corresponding to the functions that the Greater London Authority has under the Business Rate Supplements Act 2009 to levy a supplement on business rates to raise money for expenditure on a project which will promote economic development in its area.
Part 9 of the Order makes provision for the Mayor for the area of the Combined Authority to exercise functions of a Police and Crime Commissioner (“PCC”). The role of PCC for North Yorkshire is abolished. Article 33 provides that, in relation to the Mayor’s PCC functions, the Mayor is to be treated as a PCC for the purposes of all legislation affecting PCCs. Schedule 5 sets out certain modifications to legislation in its application to the Mayor and Schedule 6 sets out legislation which does not apply. Provision is also made in connection with the transfer of functions, in particular in relation to transfer of property, rights and liabilities.
Part 10 of the Order provides for the transfer of fire and rescue functions to the Combined Authority, to be exercised by the Mayor. The Combined Authority becomes the fire and rescue authority for the area for the purposes of the Fire and Rescue Services Act 2004. The North Yorkshire Police, Fire and Crime Commissioner Fire and Rescue Authority is abolished. Articles 43 to 49 set out the arrangements which the Mayor may make for the exercise of the fire and rescue functions by the deputy mayor for policing and crime or a committee of the Combined Authority, and for oversight by the police and crime panel. Schedule 7 makes connected modifications to legislation.
A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of the business and voluntary sector. The impact on the public sector is that conferring functions on the Combined Authority should lead to operational efficiencies that could lead to reduced costs.