The North East Mayoral Combined Authority (Establishment and Functions) Order 2024

Proceedings

2.—(1) No business may be transacted at a meeting of the Combined Authority unless the following members are present—

(a) the Mayor; and

(b) five or more Constituent Council Members.

(2) Each of the following persons (a “Voting Member”) has one vote—

(a) the Mayor;

(b) each Constituent Council Member.

(3) None of the Voting Members has a casting vote.

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

(5) Subject to sub-paragraphs (6) to (11), all decisions put to the vote are to be determined by a simple majority of the Voting Members present and voting on that matter.

(6) A decision on a question relating to any allowance payable to the Mayor under paragraph 5(3) is to be decided by a majority of the Voting Members present excluding the Mayor.

(7) Where one of the matters described in paragraphs (a) to (e) is put to the vote, that vote will only be carried upon the unanimous support of the Mayor and each of the seven Constituent Council Members—

(a) approval of, and any amendment to, the Combined Authority’s annual budget excluding those elements of the annual budget which relate to Mayoral functions;

(b) approval of, and any amendment to, the setting of any levy which the Combined Authority shall apply to any constituent council;

(c) agreement to confer upon the Mayor a duty to produce a Spatial Development Strategy;

(d) approval or amendment of the Combined Authority’s constitution or standing orders;

(e) approval or amendment of such other plans and strategies as may be determined by the Combined Authority and set out in its constitution or standing orders.

(8) Where under sub-paragraph (7)(c) there has been the necessary unanimous agreement, the adoption of the Spatial Development Strategy requires the support of at least four Constituent Council Members.

(9) Reference to a two thirds majority in article 8(4) (combined authority’s decisions on budget) of the Combined Authorities (Finance) Order 2017(1) as it applies in relation to the Combined Authority is to be read as a reference to a five-sevenths majority of the Constituent Council Members.

(10) Any decision of the Combined Authority to amend the Local Transport Plan is passed if voted for by a simple majority of the Constituent Council Members present at a meeting of the Combined Authority.

(11) Any decision that might lead to a financial liability falling directly upon a constituent council may only be passed if the majority in favour includes the Constituent Council Member, or their respective Substitute Constituent Council Member, of the constituent council affected.

(12) Save for those matters identified in paragraph 3, where the Mayor votes against a decision carried by virtue of the support of the other members of the Combined Authority present, the Mayor may seek a review of that decision by making an application to the Combined Authority’s monitoring officer within 24 hours of the decision being taken.

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

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

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

(16) The provisions in this Schedule relating to the Mayor only have effect where the Mayor is in office.

(17) In this paragraph, “monitoring officer” means the officer designated by the Combined Authority under section 5(1) of the 1989 Act.

(1)

S.I. 2017/611.