The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/865 |
2014No. 865
LOCAL GOVERNMENT, ENGLAND
TRANSPORT, ENGLAND
The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014
31stMarch2014
This Order is made in exercise of the powers conferred by sections 84, 91 and 93 of the Local Transport Act 2008( 1) and sections 103 to 105 and 114 to 116 of the Local Democracy, Economic Development and Construction Act 2009( 2).
The Secretary of State, having regard to a scheme prepared and published under section 82 of the Local Transport Act 2008 and section 109 of the Local Democracy, Economic Development and Construction Act 2009, considers that the making of this Order is likely to improve -
(a) the exercise of statutory functions relating to transport in the area to which this Order relates,(b) the effectiveness and efficiency of transport in that area,(c) the exercise of statutory functions relating to economic development and regeneration in that area, and(d) economic conditions in that area.The Secretary of State is satisfied that the area to which this Order relates meets the conditions set out in section 103 of the Local Democracy, Economic Development and Construction Act 2009.
The Secretary of State has consulted-
(a) the metropolitan district councils for the area comprised in the Merseyside integrated transport area,(b) the councils for the local government areas who are within the area for which the combined authority is to be established,(c) the Merseyside Integrated Transport Authority,(d) such other persons as the Secretary of State considered appropriate.The councils whose areas are comprised in the Merseyside integrated transport area have consented to the making of this Order.
In making this Order, the Secretary of State has had regard to the need to reflect the identities and interests of local communities, and to secure effective and convenient local government.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 94 of the Local Transport Act 2008 and section 117 of the Local Democracy, Economic Development and Construction Act 2009.
Accordingly, the Secretary of State makes the following Order:
PART 1
General
Citation and commencement
1. This Order may be cited as the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 and shall come into force on the day after the day on which it is made.
Interpretation
2. In this Order-
"the 2009 Act" means the Local Democracy, Economic Development and Construction Act 2009;
"combined area" means the area consisting of the areas of the constituent councils;
"the Combined Authority" means the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority constituted by article 3;
"commencement date" means the date on which this Order comes into force;
"constituent councils" means the councils for the local government areas of Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral;
"the Executive" means the Merseyside Passenger Transport Executive;
"financial year" means the period of 12 months ending with 31st March in any year;
"the ITA" means the Merseyside Integrated Transport Authority;
"Halton Council" means the council of the borough of Halton; and
"Local Enterprise Partnership" means the Board of the Liverpool City Region Local Enterprise Partnership.
PART 2
Establishment of a combined authority for Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral
Establishment
3. (1) There is established a combined authority for the combined area.
(2) The combined authority is to be a body corporate and to be known as the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral 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).
Constitution
4. Schedule 1 (which makes provision about the constitution of the Combined Authority) has effect.
Funding
5. (1) The constituent councils must meet the costs of the Combined Authority reasonably attributable to the exercise of its functions relating to economic development and regeneration.
(2) The amount payable by each of the constituent councils is to be determined by apportioning the costs of the Combined Authority referred to in paragraph (1) between the constituent councils in such proportions as they may agree or, in default of such agreement, in proportion to the total resident population at the relevant date of the area of each council concerned as estimated by the Registrar General.
(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 prior to the current financial year.
(4) Subject to paragraphs (5) and (6) the costs of the Combined Authority reasonably attributable to the exercise of its functions relating to transport shall be met by means of two separate levies issued by the Authority to-
(a) the district councils in the county of Merseyside; and(b) Halton Council,under section 74 of the Local Government Finance Act 1988( 3), and in accordance with regulations made thereunder.
(5) In determining the amount of the levies to be issued to Halton Council for a financial year, no account may be taken of the cost of meeting any liabilities or expenses, including transferred pension liabilities, incurred by the Combined Authority or to be incurred in consequence of article 6 (abolition of the ITA and transfer of functions etc.).
(6) Without prejudice to the generality of article 12, a levy issued by the ITA under section 74 of the Local Government Finance Act 1988 to the district councils in the county of Merseyside in respect of the financial year beginning 1st April 2014 has effect for that year from and after the commencement date as if it had been so issued by the Combined Authority.
(7) No levy shall be issued to Halton Council for that financial year, but that Council must pay a contribution to the Combined Authority equal to the amount which it has budgeted to spend on the functions transferred under article 8 for that financial year.
PART 3
Transport
Abolition and transfer of functions etc.
6. (1) The Merseyside integrated transport area is dissolved and the ITA is abolished.
(2) Subject to paragraph (3), on the abolition of the ITA-
(a) its functions; and(b) its property, rights and liabilities,are transferred to the Combined Authority.
(3) On the abolition of the ITA all rights and liabilities (including rights and liabilities in respect of superannuation) arising under contracts of employment with the ITA are transferred to the Executive.
Adaptation of enactments - integrated transport authority
7. (1) This article has effect in consequence of article 6.
(2) In any enactment (whenever passed or made)-
(a) any reference to an integrated transport area; or(b) any reference which falls to be read as a reference to such an area,is to be treated as including a reference to the combined area.
(3) In any enactment (whenever passed or made)-
(a) any reference to an integrated transport authority; or(b) any reference which falls to be read as a reference to such an authority,is to be treated as including a reference to the Combined Authority.
Transfer of functions - Halton Council
8. (1) There are transferred to the Combined Authority the functions of Halton Council under the following enactments-
(a) Parts 4 and 5 of the Transport Act 1985( 4); and(b) Part 2 of the Transport Act 2000( 5).(2) Halton Council shall-
(a) after consulting the other constituent councils; and(b) not later than 1st April 2018,submit to the Secretary of State proposals for the making of a scheme by the Secretary of State for the transfer to the Combined Authority of specified property, rights and liabilities held, acquired or incurred by the Council for the purposes of any of the functions transferred under paragraph (1).
(3) After considering the proposals and any representations made on them by the other constituent councils, the Secretary of State may, by way of a scheme made under section 115 of the 2009 Act, make such provision for the transfer of such property, rights and liabilities (whether or not specified in the proposals) as he thinks fit.
(4) Nothing in this Order has effect to transfer to the Combined Authority-
(a) any function of Halton Council relating to-(i) the levying of tolls or the imposition of road user charging; or(ii) the application of the proceeds of tolls or road user charges; or(b) any functions, property, rights and liabilities of Halton Council relating to the Mersey Gateway and Silver Jubilee Bridges, including their financing, delivery, operation and maintenance, and the highway network associated with them.Adaptation of enactments in consequence of article 8
9. (1) This article has effect in consequence of article 8.
(2) In relation to any function transferred under article 8, any reference in any enactment (whenever passed or made) to a county, or to any class of area which includes a county, is to be treated as including a reference to the combined area.
(3) In any enactment (whenever passed or made) any reference, in relation to any function transferred under article 8, to a county council, or to any class of body which includes a county council, is to be treated as including a reference to the Combined Authority.
Passenger Transport Executive
10. (1) The Executive is to be an executive body of the Combined Authority for the purposes of Part 5 of the Local Transport Act 2008 and Part 6 of the 2009 Act and shall be known as Merseytravel.
(2) In the application of section 101 of the Local Government Act 1972( 6) (arrangements for the discharge of functions) to the Combined Authority the Executive is to be treated as if it were an officer...
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