The Greater Manchester Combined Authority (Functions and Amendment) Order 2019

Conferral of functions on the GMCA

3.—(1) The GMCA has in relation to its area the functions contained in the following provisions, that Transport for Greater Manchester⁹has in relation to that area—

(a)

(a) section 149(1) of the 2000 Act (reimbursement of operators)¹⁰;

(b)

(b) section 150(1) and (2) (procedure for reimbursement arrangements determined by authority) of the 2000 Act¹¹;

(c)

(c) sections 88 to 92 and 93(6) of the Transport Act 1985¹²; and

(d)

(d) section 9A(4) to (7) of the Transport Act 1968 (general functions of Authorities and Executives)¹³.

(2) The functions are exercisable by the GMCA instead of by Transport for Greater Manchester.

4. The functions of the GMCA specified in Schedule 1 are general functions exercisable only by the Mayor¹⁴.

5. For the purposes of the exercise of the general functions conferred by article 4—

6. The Mayor may enter into arrangements jointly with the GMCA and with the constituent councils in accordance with section 101(5) of the Local Government Act 1972 for the discharge of the functions listed in Schedule 2.

7.—(1) Where a joint transport committee is established in accordance with article 6 the members of the joint transport committee must be appointed in accordance with paragraphs (2) to (5).

(2) The members appointed by the GMCA must be members or substitute members of that authority or members of the constituent councils.

(3) The members appointed by the constituent councils must be members of those councils.

(4) The members appointed by the Mayor must be members of the GMCA or of the constituent councils.

(5) In appointing members to the joint transport committee—

(a)

(a) the Mayor, the GMCA and the constituent councils must ensure that—

(b)

(b) the GMCA and the constituent councils must ensure that the members of the committee appointed from among the members of the GMCA and the constituent councils, and any substitute committee members acting in place of those members, taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among members of the constituent councils.

(6) Questions relating to the apportionment of membership under paragraph (5)(b) require a unanimous vote in favour by all members, or substitute committee members acting in place of those members, of the GMCA to be carried.

Chair of the joint transport committee

8.—(1) Where a joint transport committee is established in accordance with article 6 the Mayor must in each year appoint the chair of the joint transport committee from among the members of that committee.

(2) If a vacancy arises in the office of chair, the Mayor must make an appointment to fill the vacancy at the next ordinary meeting of the joint transport committee, or, if that meeting is to be held within the period of 14 days beginning with the day on which the vacancy arose, at the meeting following that meeting.

Proceedings of joint transport committee

9. Any questions that are to be decided by the joint transport committee are to be decided by a majority of the members and substitute committee members, acting in place of members, present and voting on that question at a meeting of the joint transport committee.

10.—(1) 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 specified in Schedule 1 to the extent that the Mayor has not decided to meet these costs from other resources available to the Mayor.

(2) Any amount payable by each of the constituent councils to ensure that the costs referred to in paragraph (1) are met is to be determined by apportioning such costs between the constituent councils in accordance with the proportion to the total resident population of the GMCA which resides in the area of each constituent council at the relevant date as estimated by the Statistics Board¹⁶, or in the alternative in such proportions as the members of the GMCA, or substitute members acting in place of those members, may unanimously agree.

(3) For the purposes of paragraph (2) the relevant date in relation to a payment for a financial year is 30th June in the financial year which commenced two years previously.

(4) In respect of the expenditure mentioned in paragraph (1) the total amount to be met by the constituent councils must not exceed £86.7 million per annum.

(5) No constituent council can be required to—

(a)

(a) vary its contribution to the expenditure mentioned in paragraph (1) as determined by the apportionment made in accordance with paragraph (2); or

(b)

(b) vary the total amount of expenditure set out in paragraph (4),

unless there is unanimous agreement by the members of the GMCA appointed by the constituent councils, or substitute members acting in place of those members.

Amendment of the Greater Manchester Combined Authority Order 2011

11.—(1) Schedule 1 (constitution) to the 2011 Order is amended as follows.

(2) In paragraph 3(1) (proceedings), for “and (4B)” substitute “, (4B) and (4C)”.

(3) For paragraph 3(2B) (proceedings), substitute—