http://www.legislation.gov.uk/id/uksi/2023/1432

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—

“the 1980 Act” means the Highways Act 19805;

“the 1984 Act” means the Road Traffic Regulation Act 19846;

“the 1985 Act” means the Housing Act 19857;

“the 1989 Act” means the Local Government and Housing Act 19898;

“the 1990 Act” means the Town and Country Planning Act 19909;

“the 1999 Act” means the Greater London Authority Act 199910;

“the 2000 Act” means the Transport Act 200011;

“the 2003 Act” means the Local Government Act 200312;

“the 2004 Act” means the Fire and Rescue Services Act 200413;

“the 2008 Act” means the Housing and Regeneration Act 200814;

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 200915;

“the 2011 Act” means the Localism Act 201116;

“the BRS Act” means the Business Rate Supplements Act 200917;

“the PRSR Act” means the Police Reform and Social Responsibility Act 201118;

“the TM Act” means the Traffic Management Act 200419;

“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 National Framework” means the document prepared by the Secretary of State under section 21 of the 2004 Act20;

“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)

section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise)21 and any subordinate legislation made under that Act applying to the FRA;

(f)

any other provision of, or made under, an enactment which confers functions on a fire and rescue authority;

“FRA” means the North Yorkshire Police, Fire and Crime Commissioner Fire and Rescue Authority22;

“highway authority” and “local highway authority” have the same meaning as in sections 1 to 3 and 329(1) of the 1980 Act23;

“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”;

“PCC component” means the component of the precept under section 40 of the Local Government Finance Act 199224, as modified by the Combined Authorities (Finance) Order 2017)25 in respect of the Mayor’s PCC functions26;

“PCC component council tax requirement” means the component of the council tax requirement calculated under section 42A of the Local Government Finance Act 199227 (as modified by the Combined Authorities (Finance) Order 2017) in respect of the Mayor’s PCC functions;

“Police, Fire and Crime Panel” means the police and crime panel established and maintained in accordance with Schedule 6 to the PRSR Act28 (police and crime panel) for the North Yorkshire police area;

“proper officer”, in relation to a body and any purpose or area, means an officer appointed by the body for that purpose or area.